Sexual Misconduct FAQs

Sexual misconduct is a form of sex-based discrimination and is defined in the UMGC Sexual Misconduct Policy as an umbrella term that includes dating violence, domestic violence, sexual exploitation, sexual harassment, sexual intimidation, sexual violence, and stalking. UMGC is required to have a Sexual Misconduct Policy pursuant to Title IX of the Education Amendments of 1972, a federal law that states the following:

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal financial assistance."

Title IX prohibits sex discrimination in all university programs and activities, including, but not limited to, admissions, recruiting, financial aid, academic programs, student services, counseling and guidance, discipline, class assignment, grading, recreation, athletics, housing, and employment.

Sexual harassment and sexual violence are forms of sex discrimination prohibited by Title IX. Title IX also prohibits retaliation against people for making or participating in complaints of sex discrimination.

Dating Violence: 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 relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence: 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 the State of Maryland.

Sexual Violence: A form of sexual harassment referring to physical sexual acts perpetrated without consent. Sexual violence includes rape, sexual assault, sexual battery, and sexual coercion. Sexual violence, in any form, is a criminal act.

Sexual Harassment: Any unwelcome sexual advance, unwelcome request for sexual favors, or other unwelcome verbal, nonverbal, or physical conduct of a sexual nature when

• Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment, evaluation of academic work, or participation in any aspect of a USM or UMGC program or activity
• Submission to or rejection of such conduct by an individual is used as the basis for academic, employment, or activity or program participation-related decisions affecting an individual
• Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance; for example, it is sufficiently severe or pervasive to create an intimidating, hostile, humiliating, demeaning, or sexually offensive working, academic, residential, or social environment

Sexual Intimidation: Threatening to sexually assault another person; gender or sex-based stalking, including cyber-stalking; or engagement in indecent exposure.

Sexual Exploitation: Taking nonconsensual 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.

Stalking: 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.

If it is an emergency or if the sexual misconduct involves threatening, aggressive, or violent behavior and there is a risk of danger to yourself or other members of the UMGC community, you are strongly encouraged to call 911.

In addition, if you are not obligated as a Responsible Employee, you are strongly encouraged to report any incident of sexual misconduct to the Title IX Coordinator as soon as reasonably possible after the incident. However, you can make a report to the Title IX Coordinator or a Responsible Employee any time after the incident. The Title IX Coordinator is trained in receiving reports of sexual misconduct and will be able to guide you to the appropriate support services and assist in eliminating the prohibited conduct and preventing its recurrence. A list of support services is provided in Appendix A: UMGC Sexual Misconduct Resource Contact Guide.

Please refer to Appendix A: UMGC Sexual Misconduct Resource Contact Guide.

No. Reporting sexual misconduct to the police is an option available to you, but you are not required to notify the police. Victims or third-party witnesses are, however, encouraged to reach out to the appropriate police department to report sexual violence.

You may always contact the police about filing a criminal complaint. However, regardless of whether the misconduct is being investigated by law enforcement, if UMGC knows or has reason to know of the misconduct, UMGC will conduct its own investigation and take reasonable steps to end the misconduct and prevent recurrences. UMGC will continue its investigative and adjudicative process while a concurrent law enforcement proceeding takes place to the extent permitted by law.

A Responsible Employee includes any employee who has the authority to take action regarding sexual misconduct, an employee who has been given the duty of reporting sexual misconduct, or someone another individual could reasonably believe has this authority or duty; for example, the UMGC Title IX Coordinator and Title IX Investigators, UMGC administrators, UMGC employee supervisors, UMGC faculty and adjunct faculty, and UMGC security.

If a victim does not want anyone to know that they have experienced a form of sexual misconduct, then he or she should contact the Confidential Employee or, in the alternative, contact one of the external resources listed in Appendix A: UMGC Sexual Misconduct Resource Contact Guide.

The Title IX Coordinator will take reasonable steps to investigate and respond to a complaint consistent with a request for confidentiality as long as doing so does not prevent UMGC from responding effectively to misconduct that creates a hostile environment.

You are not prohibited from making an anonymous report. If a victim requests that his or her name not be revealed to the alleged perpetrator or asks that UMGC not investigate or seek action against the alleged perpetrator, UMGC will inform the victim that honoring the request may limit its ability to respond fully to the incident, including pursuing disciplinary action against the alleged perpetrator. UMGC will also explain that the Sexual Misconduct Policy includes protections against retaliation, and UMGC will not only take steps to prevent retaliation but will also take responsive action if retaliation occurs.

If the victim still requests that his or her name not be disclosed to the alleged perpetrator or that UMGC not investigate or seek action against the alleged perpetrator, UMGC will need to determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment. UMGC will notify the victim prior to any action being taken on a decision to move forward.

Yes. Incidents of sexual misconduct involving a member of the UMGC community that occur off-campus should be reported to the Title IX Coordinator. Behavior that is threatening, aggressive, or violent should be reported to law enforcement in the jurisdiction where the incident occurred. UMGC will investigate and take reasonable steps to resolve such complaints to the extent necessary to protect the complainant and prevent harassment directed toward others.

The Title IX Coordinator will be able to talk to the victim about the investigative and adjudicative process and any other questions that may be asked, including, but not limited to, questions about interim measures and available resources. Victims are strongly encouraged to contact the Title IX Coordinator to get their questions answered.

When a student is accused of sexual misconduct, he or she may be subject to interim action pending the outcome of the investigation. This includes, but is not limited to, an interim suspension; adjustment to class schedule, if applicable; restriction from being on campus, entering a specific building, or being on a specific area of campus; and no contact with the complainant or others involved in the complaint.

When an employee is accused of sexual misconduct, he or she may also be subject to interim action pending the outcome of the investigation. This includes, but is not limited to, being placed on administrative leave, adjustment to work schedule, restriction from entering a specific building or a specific area of the office, and no contact with the complainant or others involved in the complaint.

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 team. Any employee who is found to have retaliated is subject to disciplinary action up to and including termination. A student who is found to have retaliated is subject to disciplinary action up to and including expulsion.

Both the victim and the alleged perpetrator will be notified concurrently of the decision rendered as a result of the investigation, any interim action that is being taken, and the status of any appeal.

Both the victim and the alleged perpetrator may appeal the decision rendered as a result of the investigation within 10 days of the date of receiving written notification. However, a party can only appeal based on a procedural error that significantly influenced a decision in a negative way; new evidence that is substantial enough to alter the facts and findings and that could not have been previously discovered and presented through reasonable diligence; and/or the sanction being either too severe or not severe enough as compared to the findings and facts of the case.

Feel free to contact the Title IX Coordinator. We can answer questions, identify options, and discuss strategies to assist you in informing the victim of sexual misconduct of your obligation to report the disclosure to the Title IX Coordinator.

General strategies to keep in mind:

• Let the victim know that you are obligated to report incidents of sexual misconduct to the Title IX Coordinator. If the victim wants to discuss an incident confidentially, then reiterate your obligation and identify the Confidential Employee as a source for such a discussion to be had confidentially. If the victim continues to seek your help after you have disclosed your obligation, then
• Recognize that the person talking to you is likely in need of support as well as information
• Listen attentively and nonjudgmentally and affirm their choice to disclose the incident
• Take note of any information shared but do not push for details the person is unwilling to share
• If you are talking with the victim, do what you can to let that person make decisions about what happens next
• Again, be very open about your obligation to share what you have learned with the Title IX Coordinator. The person you are talking to may be concerned about the loss of confidentiality and/or control. You can offer assurance that the Title IX Coordinator is mindful of these concerns; except in cases of serious threat to the complainant or the campus community, the Title IX Coordinator will not take action or share information without the complainant's knowledge and consent.
• Affirm that UMGC takes sexual misconduct very seriously and that university policy prohibits retaliation against anyone who reports sexual misconduct.

You must share whatever information has been shared with you, including the name(s) of any individuals involved, the details of the incident, and the complainant's wishes regarding next steps.

You need to report any incident that might fall within UMGC's definition of sexual misconduct: "a range of behaviors, including sexual assault, sexual harassment, intimate partner violence, stalking, voyeurism, and any other conduct of a sexual nature that is nonconsensual or has the purpose or effect of threatening, intimidating, or coercing a person." For more details, see the UMGC Sexual Misconduct Policy.

Please note: You do not need to be certain that an incident constitutes misconduct nor that it is sufficiently serious to warrant action. The Title IX Coordinator will assess the information and determine the appropriate next steps.

Yes. When in doubt, report. Even partial information may be helpful because we work to ensure that people have access to resources and that our community is safe.

The Title IX Coordinator will assess the information you have provided and take appropriate action. If your report includes names or other identifying details, the Title IX Coordinator will likely reach out to make sure that anyone who has experienced sexual misconduct has access to accommodations, support, and options for taking action. The Title IX Coordinator will not contact any individuals accused of committing sexual misconduct until a complaint has been filed or an investigation initiated.

No. Once you file a report, your reporting obligation is complete. You should preserve any notes you may have taken or give them to the Title IX Coordinator. You may continue to talk with the person who shared the information with you; please keep the Title IX Coordinator updated if you learn new details or if the situation evolves. However, you should be mindful that you have received information in confidence and therefore should refrain from discussing what you have learned with third parties.

No. You may be involved in some of the next steps: for example, helping to arrange an accommodation or speaking with a fact finder. It is understandable that you may wish to know more, but it is critical to protect the privacy of the parties involved.