Policy 041.00 Sexual Misconduct

Originator: Title IX Coordinator

1. Policy Statement

   The University of Maryland Global Campus ("UMGC") is committed to providing a working and learning environment free from Sexual Misconduct. Sexual Misconduct is a form of sex-based discrimination that is prohibited by state and federal laws, including Title IX of the Education Amendments of 1972 (Title IX) and Title VII of the Civil Rights Act of 1964 (Title VII). Certain behavior under this Policy may also constitute criminal activity. UMGC prohibits and has zero-tolerance for Sexual Misconduct in any form, including, sexual harassment, sexual violence, dating violence, domestic violence, sexual exploitation, sexual intimidation, and sexual coercion. Once UMGC receives Actual Notice of potential Sexual Misconduct, UMGC will take immediate and appropriate action to eliminate it, prevent its recurrence, and address its discriminatory effects.

   The Title IX Coordinator is responsible for coordinating the UMGC's efforts to comply with and carry out its responsibilities under Title IX, Title VII, state laws and this Policy. The Title IX Coordinator may have a legal obligation to report a crime to local law enforcement. UMGC's Title IX Coordinator is:

   Title IX Coordinator
   Ashley Smith (Interim)
   E-mail: titleixcoordinator@umgc.edu
   Office: 800-888-8682, ext. 17930
   

   UMGC Headquarters
   3501 University Blvd, East
   Office of Diversity and Equity
   Adelphi, MD 20783

   The Office of Diversity and Equity (ODE) is responsible for overseeing UMGC's training and educational programs related to Sexual Misconduct. To learn more about various resources, on-going training initiatives, and education programs for students, faculty and staff; please contact ODE via email at diversity@umgc.edu or by telephone at 301-985-7940.

   All persons involved in responding to, investigating, or adjudicating Sexual Misconduct reports, or who are involved in the Sexual Misconduct complaint investigation and resolution processes, will participate in annual training that includes information about intake, investigation and adjudication of Sexual Misconduct complaints under UMGC's policy and procedures.

   Inquiries concerning the application of this Policy may be referred to the Title IX Coordinator. Nothing in this policy is intended to supersede or conflict with any federal compliance requirements. This Policy supersedes any conflicting policy and procedures contained in:

   UMGC Policy VI-1.00 - Non-Discrimination and Anti-Harassment.
   UMGC Policy 151.00 – Code of Student Conduct with respect to sexual misconduct matters. UMGC Employee Grievance Process with respect to sexual misconduct matters.
   UMGC Overseas Employee Grievance Process with respect to sexual misconduct matters.
   UMGC Faculty Grievance Process with respect to sexual misconduct matters.

2. Applicability of Policy

   UMGC has jurisdiction over Title IX and other Sexual Misconduct complaints made in connection with its programs and activities, and this Policy applies to all members of the UMGC community, which includes students, faculty, and staff. It also applies to contractors and other third parties within UMGC's jurisdiction. UMGC's jurisdiction applies to Sexual Misconduct that occurs in any UMGC education program or activity that:

   • takes place on UMGC premises, in any UMGC facility, or on UMGC property, whether stateside or overseas;
   • takes place at any UMGC sponsored, recognized, or approved program, visit, or activity;
   • impedes equal access to any UMGC education program or activity or that adversely impacts the education or employment of a member of the UMGC community; or

   • otherwise threatens the health and/or safety of a member of the UMGC community.

   Nothing in this Policy is intended to supersede or conflict with any federal compliance obligations. As UMGC strives to prevent and redress sex discrimination, it will continue to respect academic freedom and the free speech rights of students, faculty, employees, and other speakers. This Policy is not intended to restrict the exercise of any expressive activities or speech protected under the U.S. Constitution, specifically, classroom discourse or materials pertaining to sex or gender-based, course-related content.

3. Definitions

   For purposes of this Policy, the following definitions apply:

   1. "Actual knowledge" means notice to UMGC's Title IX Coordinator or any official of a UMGC institution who has authority to institute corrective measures on behalf of UMGC.
   2. "Advisor" means a person chosen by the Complainant or Respondent to provide advice and consultation to a party. An Advisor is a non-participant who may be an attorney or another individual. An Advisor cannot be a witness or provide evidence in a case. An Advisor shall not be an active participant or speak on behalf of the parties except an Advisor shall be permitted to cross-examine parties and witnesses in the event a live adjudicative hearing is scheduled.
   3. "Complainant" refers to the individual who files a Sexual Misconduct complaint, alleging a violation of this Policy.
   4. "Confidential" means that information shared by an individual to the person UMGC has designated to receive confidential information cannot be revealed to any other individual without the express permission of the individual, except in limited circumstances.
   5. "Consent" means a knowing, voluntary, and affirmatively communicated willingness to mutually participate in a particular sexual activity or behavior. It must be given by a person with the ability and capacity to exercise free will and make a rational and reasonable judgment. Consent may be expressed either by affirmative words or actions if those words or actions create a mutually understandable permission regarding the conditions of sexual activity. Consent may be withdrawn at any time. Consent cannot be obtained by force, threat, coercion, fraud, manipulation, reasonable fear of injury, intimidation, or through the use of one's mental or physical helplessness or incapacity. Consent cannot be implied based upon the mere fact of a previous consensual dating or sexual relationship. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.
   6. "Formal Complaint" means a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Misconduct against a Respondent and requesting that UMGC investigate the allegation.
   7. "Incapacitated" means to be unable to give Consent to sexual contact. States of Incapacitation include sleep, unconsciousness, intermittent consciousness, or any other state where the individual is unaware that sexual contact is occurring. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to Consent to sexual contact. Alcohol or drug use is one of the prime causes of Incapacitation. Where alcohol or drug use is involved, Incapacitation is a state beyond intoxication, impairment in judgment, or "drunkenness." Because the impact of alcohol or other drugs varies from person to person, evaluating whether an individual is Incapacitated, and therefore unable to give Consent, requires an assessment of whether the consumption of alcohol or other drugs has rendered the individual physically helpless or substantially incapable of:
      1. making decisions about the potential consequences of sexual contact;
      2. appraising the nature of one's own conduct;
      3. communicating Consent to sexual contact; or
      4. communicating unwillingness to engage in sexual contact.
   8. "Official With Authority" refers to the Title IX Coordinator or any official of UMGC who has the authority to institute corrective measures in response a report of Sexual Misconduct. A report to an Official with Authority confers Actual Knowledge to UMGC.
   9. "Privacy" means that information related to a report of misconduct will only be shared with individuals who "need to know" to assist in the active review, investigation, or resolution of a sexual misconduct allegation.
   10. "Responsible Employee" refers to any UMGC staff with managerial authority or faculty member, which this Policy has designated as a person who is obligated to report Sexual Misconduct to the Title IX Coordinator. A report to a Responsible Employee alone does not confer Actual Knowledge to UMGC.
   11. "Respondent" means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
   12. "Retaliation" means intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or UMGC policy relating to Sexual Harassment, or because an individual has made a report or complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing related to Sexual Harassment. Retaliation includes retaliatory harassment.
   13. "Supportive Measures" are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Such measures are designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the institution's educational environment, or deter Sexual Misconduct. Supportive Measures may include referral to counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the UMGC locations , and other similar measures.
   14. "Title IX Coordinator" refers to the individual designated by the President of the UMGC to: 1) oversee UMGC's response to Sexual Misconduct reports and complaints; 2) identify and address any patterns or systemic problems revealed by such reports and complaints; 3) coordinate Sexual Misconduct investigations; 4) oversee, review content, and, in collaboration with other UMGC offices, conduct training for students, faculty, and staff on Sexual Misconduct issues; 5) ensure that appropriate policies and procedures are in place for responding to complaints of Sexual Misconduct against faculty, staff, and students; and 6) work with local law enforcement to ensure coordinated responses to Sexual Misconduct cases.
4. Prohibited Conduct
   1. "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 Complainant. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
   2. "Domestic Violence" includes felony or misdemeanor crimes of violence 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, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant, or by any other person against an adult or youth Complainant protected from those acts by domestic or family violence laws of Maryland.
   3. "Sex Offenses" are any sexual act including Rape, Sodomy, Sexual Assault With An Object, or Fondling directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent; also unlawful sexual intercourse.
   4. "Sexual Assault" means an offense classified as a sex offense in the uniform crime reporting system of the Federal Bureau of Investigation. Sex offenses are any sexual act including Rape, Sodomy, Sexual Assault with An Object, or Fondling directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent; also, unlawful sexual intercourse.
      1. Rape— (Except Statutory Rape) The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
      2. Sodomy—Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
      3. Sexual Assault with An Object—To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
      4. Fondling—The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
      5. Incest — Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
   5. "Sexual Coercion" means the use of unreasonable pressure in an effort to compel another individual to initiate or continue sexual activity against the individual's will. 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 to engage in sexual activity. Coercion includes but is not limited to intimidation, manipulation, threats of emotional or physical harm, and blackmail. Examples of coercion include threatening to disclose another individual's private sexual information or threatening to harm oneself if the other party does not engage in the sexual activity.
   6. "Sexual Exploitation" means taking non-consensual or abusive sexual advantage of another person for one's own advantage or benefit or for the advantage or benefit of anyone other than the person being exploited.
   7. "Sexual Harassment" under Title IX means conduct on the basis of sex that satisfies one or more of the following:
      1. Conditioning the provision of an aid, benefit, or service on an individual's participation in unwelcome sexual conduct.
      2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to UMGC's education programs or activities; or
      3. Sexual Assault, Dating Violence, Domestic Violence, or Stalking.
   8. "Sexual Harassment" under Title VII means conduct on the basis of sex that satisfies one or more of the following:
      1. Conditioning the provision of an aid, benefit, or service on an individual's participation in unwelcome sexual conduct.
      2. Unwelcome conduct determined by a reasonable person to be sufficiently severe or pervasive that it effectively denies a person equal access to UMGC's education programs or activities
   9. "Sexual Intimidation" means threatening behavior of a sexual nature directed at another person, such as threatening to sexually assault another person or engaging in indecent exposure.
   10. "Sexual Misconduct" is an umbrella term that encompasses Dating Violence, Domestic Violence, Sexual Violence, Sexual Harassment, Sexual Assault, Sexual Coercion, Sexual Exploitation, Sexual Intimidation, Relationship Violence, and Stalking. Sexual Misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual Misconduct can be committed by any person, regardless of gender identity, and can occur between people of the same or different sex, sexual orientation, or gender expression.
   11. "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.

   12. "Statutory Rape" is nonforcible sexual intercourse with a person who is under the statutory age of consent.

   Knowingly making false statements or knowingly submitting false information during the investigative and adjudicative process is expressly prohibited.

5. Reporting Sexual Misconduct

   When provided with Actual Knowledge of Sexual Misconduct in its education programs or activities, UMGC will respond promptly in a manner that is not deliberately indifferent, to correct and remediate the misconduct. A response is "deliberately indifferent" if it is clearly unreasonable considering the known circumstances.

   1. Obligations of a Responsible Employee. A Responsible Employee (see Definitions) must promptly notify the Title IX Coordinator of any report of Sexual Misconduct brought to their attention. The Title IX Coordinator will work collaboratively with the reporting entity, making every effort to operate with discretion and maintain the privacy of the individuals involved. The failure of a Responsible Employee to promptly notify the Title IX Coordinator or any other Official With Authority of any report of Sexual Misconduct brought to their attention may be subject to disciplinary action including termination.
   2. Prompt reporting is encouraged. Persons are encouraged to report Sexual Misconduct promptly to maximize UMGC's ability to obtain evidence, identify potential witnesses, and conduct a thorough, prompt, and impartial investigation. While there are no time limits to report Sexual Misconduct to UMGC, if too much time has passed since the incident occurred, the delay may result in loss of relevant evidence and witness testimony, impairing the ability to respond and take appropriate action.
   3. A report of Sexual Misconduct reported to the Title IX Coordinator or any UMGC staff member who has authority to institute corrective measures on behalf of the UMGC confers Actual Knowledge of the reported incident to UMGC. UMGC will take immediate and appropriate action, in accordance with this Policy and the Sexual Misconduct Investigative and Adjudicative Procedures, to investigate, eliminate the potential Sexual Misconduct, prevent its recurrence, and address its effects. This obligation applies to Sexual Misconduct covered by this Policy that occurred while participating at a UMGC program or activity or at a UMGC location. UMGC will follow its Investigative and Adjudicative Procedures, which will be fair, impartial and allow for parties to call witnesses, etc. UMGC's Investigative and Adjudicative Procedures will be followed regardless of whether a parallel law enforcement investigation is pending.
   4. A report may be submitted to the Title IX Coordinator or any UMGC staff member who has authority to institute corrective measures either verbally or in writing by telephone, email, text message or any other form of communication reasonably calculated to provide notice of the report to the Title IX Coordinator or any UMGC staff member who has authority to institute corrective measures.
   5. At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in a UMGC educational program or activity. A Formal Complaint may be filed with the Title IX Coordinator in person, by mail or by e-mail, or any additional method designated by UMGC.
   6. UMGC will respond immediately to all reports of Sexual Misconduct and take appropriate action in accordance with UMGC's Sexual Misconduct Complaint Procedures (see Appendix B). If UMGC determines that Sexual Misconduct has occurred, it will take prompt and effective steps to eliminate the Sexual Misconduct, prevent its recurrence, and address its effects.
   7. UMGC strives to take appropriate action, including investigation and resolution of complaints, within sixty (60) business days from when the complaint was filed. The time frames set forth in this policy may be extended for good cause, with written notice to both parties of the delay and the reason for the delay. Exceptions to this timeframe may vary depending on the complexity of the investigation, access to relevant parties, and the severity and extent of the misconduct.
   8. Reporting to a Staff Member Who Has Authority to Institute Corrective Measures
      1. A Staff member who has authority to institute corrective measures on behalf of UMGC must report to the Title IX Coordinator all relevant details about alleged Sexual Misconduct that is shared by the reporting party. Once the Staff member who has authority to institute corrective measures on behalf of UMGC receives information of potential Sexual Misconduct or has reason to know of an of potential Sexual Misconduct, UMGC will respond and perform further inquiry. Failure by the Title IX Coordinator or a member of UMGC who has authority to institute corrective measures on behalf of UMGC to take immediate and appropriate action to act upon a reported incident of Sexual Misconduct, prevent its recurrence, and address its discriminatory effects may be subject to disciplinary action including termination.
      2. A Staff member who has authority to institute corrective measures on behalf of UMGC includes the following: the Title IX Coordinator, the President's Chief of Staff, Vice President of Human Resources, any member of the Employee Relations or any Human Resources Business Partner who has responsibility for addressing personnel matters, the Chief Academic Officer and the Student Code of Conduct Administrator.

6. Confidentiality

   UMGC recognizes that Sexual Misconduct is a sensitive issue for all parties involved and is committed to operating with discretion, and maintaining the privacy of individuals to the greatest extent possible under applicable law.

   An individual who has been subjected to Sexual Misconduct is not required to participate in any investigation or adjudicative proceeding. However, UMGC will endeavor to provide supportive services. Except as permitted by FERPA, required by law, or necessary to carry out the purpose of this Policy, UMGC will maintain as confidential any Supportive Measures provided to the parties, to the extent that maintaining confidentiality would not impair the ability to provide measures. Measures designed to ensure confidentiality will not restrict the ability of either party to discuss allegations or gather and present relevant evidence.

7. Amnesty for Students Who Report Sexual Misconduct

   UMGC prohibits student conduct action (except for a mandatory intervention for substance abuse) for a violation of alcohol or drug use policies by a student who reports Sexual Misconduct to UMGC or law enforcement or participates in a Sexual Misconduct matter as a witness, if UMGC determines that:

   • the violation occurred during or near the time of the alleged Sexual Misconduct.
   • the student made the report of Sexual Misconduct or is participating in an investigation as a witness in good faith.

   • the violation was not an act that was reasonably likely to place the health or safety of another individual at risk.

   This provision is not applicable to UMGC Staff or Faculty.

8. Supportive Measures

   Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, without fee or charge any party or witness in a Title IX matter. To afford a safe and secure environment, either party can also request Supportive measures from the Title IX Coordinator at any time during the investigatory and adjudicatory process, and thereafter. The Title IX Coordinator will determine which measures are available and appropriate on a case-by-case basis.

   Supportive measures may include, but are not limited to:

   • Academic accommodations: expedited review of exception requests for retroactive withdrawals; assistance in arranging withdrawals

   • Employment Accommodations: temporary reassignment to other work duties and/or responsibilities or another work location

   • Escort Services

   The parties will also be informed about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available at UMGC or in the community.

   UMGC strongly encourages individuals who have experienced Sexual Misconduct to seek assistance from one or more of the many external reporting resources, each which provides a range of support services and varying degrees of confidentiality. These resources include, but are not limited to, the National Sexual Assault Hotline, health and counseling services and centers, legal services, and law enforcement. (See Appendix A for contact information or contact UMGC's Title IX Coordinator for information).

   While these External resources may provide support services, contacting these External resources does not constitute notice to UMGC and will not cause UMGC to take steps to provide protective measures or trigger an investigation.

   Individuals subjected Sexual Misconduct or others are strongly encouraged to contact UMGC's Confidential Employee for assistance in contacting External Support Services and Resources.

9. Interim Supportive Measures: Reports of Sexual Misconduct in violation of this Policy may require immediate protective measures to protect the safety and well-being of the parties and/or UMGC community pending the outcome of the final investigative and adjudicative processes. Interim Supportive measures may include the following:

   • No Contact Order. A no contact order is an official UMGC directive that serves as notice to an individual that they must not have verbal, electronic, written, or third-party communications with another individual.

   • Academic accommodations, such as, assistance in transferring to another course, assistance in arranging for incompletes, expedited processing of Exception Requests.

   • Employment accommodations, such as, temporary re-assignment, if appropriate, to other work duties and responsibilities, or other work locations, or other work groups/teams or alternative supervision/management.

10. Complaint Procedures

    The standard of review for all complaints based on a violation of this policy is "preponderance of the evidence", which means that based on the totality of the evidence, it is more likely than not that the violation occurred.

    If a member of UMGC community (student, faculty, or staff) is subjected to Sexual Misconduct by a third party not affiliated with UMGC on University premises or during University sponsored activities, the matter should be reported to the Title IX Coordinator. UMGC will take available and reasonable steps to address the Sexual Misconduct, prevent its recurrence, and address its effects at UMGC.

11. Rights of Complainants and Respondents

    All parties, including students, will be treated with dignity, respect, and sensitivity by UMGC officials during all phases of the process. The accompanying Procedures are designed to allow for a fair and impartial investigation, as well as prompt and equitable proceedings and resolutions that provide an opportunity for all parties to be heard.

    All parties will be given timely written notice of:

    • the reported violation, including the date, time, and location, if known, of the alleged violation, and the range of potential sanctions associated with the alleged violation;

    • their rights and responsibilities under this Policy and Procedures and information regarding other civil and criminal options;

    • the date, time, and location of each hearing, meeting, or interview that the party is required or permitted to attend;

    • the final determination made by the adjudicating official or body regarding whether a policy violation occurred and the basis for the determination;

    • any sanction imposed, as permitted by law; and

    • the rights to appeal and a description of the appeal process.

    Throughout the process, all parties will be entitled to participate in the investigation and adjudication of complaints. All parties will be provided with:

    • Access to the case file and evidence regarding the incident obtained by the institution during the investigation or considered by the adjudicating official or body, with personally identifiable or other information redacted as required by applicable law;

    • An opportunity to be heard through the process;

    • An opportunity to submit evidence, witness lists, and suggest specific questions to be posed to the other party involved in the process;

    • An opportunity to participate without being required to be in the physical presence of the other party;

    • An opportunity to review and provide written responses to reports and proposed findings; and

    • An opportunity to appeal a determination or sanction.

    Any party may be accompanied to any hearing, meeting, or interview during the investigation and adjudication process by no more than two people, including one Support Person and one Advisor. A Support Person may provide emotional, logistical, or other assistance to the party. An Advisor, who may be an attorney, may consult privately with the party during meetings and interviews, except during questioning of the party at a hearing, and may assist with the party's exercise of their rights during the proceedings.

    The accompanying Procedures will establish informal mechanisms for resolving complaints through Alternative Resolution. Alternative Resolution may be appropriate for resolving a complaint if:

    • the alleged misconduct does not involve Sexual Assault or Sexual Coercion;

    • all parties to the complaint and the Title IX Coordinator agree to the use of Alternative Resolution;

    • either party has the opportunity to end the Alternative Resolution at any time in favor of a formal resolution proceeding; and

    • the Title IX Coordinator or designee participates in the Alternative Resolution process.

12. Legal Representation Fund for Title IX Proceedings (Students Only)

    Student Complainants and Student Respondents may elect to retain an attorney to serve as their Advisor, though assistance by an attorney is not required. The Maryland Higher Education Commission (MHEC) has developed resources to assist current and former students in retaining an attorney to serve as an Advisor at no or low cost to the student. MHEC will provide a list of licensed attorneys who have indicated that they may represent students in Title IX proceedings on a pro bono basis or for reduced legal fees. A student's attorney may seek reimbursement of certain legal costs and fees from MHEC's Legal Representation Fund for Title IX Proceedings, subject to the availability of funding.

    Student parties shall be provided notice of their right to assistance by an attorney as an Advisor at the beginning of the investigation and adjudication process, and shall be informed of the legal service organizations and referral services available to the student. Student parties may select and retain an attorney as an Advisor at any point before the conclusion of the process.

13. Retaliation

    Retaliation by a member of the UMGC Community against an individual who makes a complaint of Sexual Misconduct, participates in an investigation of a complaint, supports a complaint, or testifies concerning a complaint is expressly prohibited by this Policy. Any UMGC faculty, staff, or student who encounters retaliation is strongly encouraged to immediately report such conduct to the Title IX Coordinator. Any employee who is found to have retaliated is subject to disciplinary action, up to and including termination. Any student who is found to have retaliated is subject to disciplinary action up to and including expulsion. Individuals who believe they have experienced retaliation in violation of this policy should immediately report such conduct to the Title IX Coordinator.

14. Prevention and Awareness Education

    Education is an extremely important tool in eradicating sex discrimination, including sexual misconduct, from the UMGC workplace and educational programs. UMGC Community will receive educational information to increase awareness about sex discrimination.

    UMGC employees including adjunct and collegiate faculty members will be required to participate in a 2-hour training on Sexual Harassment in compliance with Maryland Law.

15. External Government Agencies That Address Complaints of Sexual Misconduct

    In addition to filing a complaint under this Policy and Procedures, members of the UMGC Community may contact external agencies. A person wishing to file a complaint with an external agency should contact the appropriate agency promptly to verify the time limits and deadlines for filing complaints.

    Complaints that UMGC failed to comply with its obligations under Title IX in the state of Maryland should be directed to:

    Office for Civil Rights (OCR)
    U.S. Department of Education
    400 Maryland Avenue, SW
    Washington, D.C. 20202
    Phone: 1-800-421-3481 or 202-453-6100
    E-mail: ocr@ed.gov
    Website: https://www2.ed.gov/about/contacts/gen/index.html
    OCR Electronic Complaint Form: https://ocrcas.ed.gov/welcome-to-the-ocr-complaint-assessment-system

    Employee Complaints involving Sexual Misconduct may also be filed with:

    Equal Employment Opportunity Commission (EEOC)
    City Crescent Building
    10 S. Howard Street, Third Floor
    Baltimore, MD 21201
    Phone: 1-800-669-4000
    Fax: 410-962-4270
    TTY: 1-800-669-6820
    Website: http://www.eeoc.gov/field/baltimore/index.cfm

    Maryland Commission on Civil Rights (MCCR)
    William Donald Schaefer Tower
    6 Saint Paul Street, Ninth Floor
    Baltimore, MD 21202-1631
    Phone: 410-767-8600
    Fax: 410-333-1841
    TTY: 410-333-1737