Sexual Misconduct, as defined in the UMB Policy Prohibiting Sexual Misconduct and Sex and Gender-Based Discrimination [VI-1.60(A)], is a form of sex-based discrimination that includes Dating Violence, Domestic Violence, Sexual Exploitation, Sexual Harassment, Sexual Intimidation, Sexual Violence, and Stalking. UMB prohibits Sexual Misconduct in any form.

Sexual Harassment, including Sexual Violence, means unwelcome sexual advances, unwelcome requests for sexual favors, and other behavior of a sexual nature. Sexual Violence is a form of sexual harassment and means physical sexual acts perpetrated against a person’s will or where a person cannot give consent. Sexual Violence encompasses rape, sexual assault, sexual battery, and sexual coercion.

The following conduct, as well as others that are not listed, can constitute Sexual Harassment/Sexual Violence:

• Harassment through public or private insult, sexually suggestive comments concerning a person’s body or behavior, and sexual demands.
• Subtle or overt pressure to comply with demands of sexual activity.
• Remarks about another person’s clothing, body, sexual activities, sexual preferences, or sexual orientation, as well as teasing, jokes, remarks, or gestures that are sexual in nature.
• Unnecessary touching, pinching, patting, or exposure to another person’s body.
• Unwanted communications of a sexual nature in writing, by telephone, or by other means.
• Requests or demands for sexual favors accompanied by implied or overt threats about grades, clinical assignments, class academic assignments, recommendations, student employment, etc.
• Repetition of unwanted invitations for dates.
• Physical assault of a sexual nature, up to and including attempted or actual rape.

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, based upon the length of the relationship, the type of relationship, and the frequency of interaction between the persons in the relationship.

Domestic Violence means violence committed by any of the following persons:

• A current or former spouse or intimate partner of the complainant.
• A person with whom the complainant shares a child.
• A person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner.
• A person similarly situated to a spouse of the complainant.
• Any other person against an adult or youth complainant protected from those acts by domestic or family violence laws of Maryland.

Stalking means engaging in a course of conduct that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

If it is a health emergency, call 911 or go to the nearest emergency room. You also may go to University Police, located at the Pine Street Station, at any time of the day or night to report an incident and receive assistance. University Police must be notified if the Sexual Misconduct involves threatening, aggressive or violent behavior and there is a risk of danger to yourself or others. Reports to University Police can be made in person, by phone, in writing, via email, or by using the University Associate’s Report form, available at:

http://cfapps.umaryland.edu/umpolicies/usmpolicyInfo.cfm?polid=369§ion=all

Regardless of whether a report is made to University Police, you should report any incident of Sexual Misconduct to the University’s Title IX Coordinator as soon as reasonably possible 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 campus support services and assist in eliminating the harassment and preventing recurrence. A list of campus support resources is provided in the UMB Policy Prohibiting Sexual Misconduct and Sex and Gender-Based Discrimination [VI-1.60(A)] as well as the link below:

https://www.umaryland.edu/titleix/resources-and-references/

The Title IX Coordinator, in conjunction with your school or program, will help formulate a plan of interim steps to protect you while a complaint is being investigated. Steps may include:

• A change of living arrangements.
• A change in course or class selection.
• A short-term leave of absence.
• University notice to the parties to refrain from contact pending the outcome of the investigation.
• Information about campus support services.

Members of the University community are expected to promptly report incidents of Sexual Misconduct involving the University community to the Title IX Coordinator in person, by phone, in writing, via email, or online using the Hotline. A report should be made to the Title IX Coordinator even if you do not have complete information.

If the behavior you observed involved threatening, aggressive, or violent behavior, in addition to notifying the Title IX Coordinator, you also should immediately make a report to University Police.

You can remind the individual that the University has campus support services that are available to the campus community and encourage and assist the individual, as needed, to connect with appropriate support services and to make reports to University Police and the Title IX Coordinator. Even if the individual does not wish to make a formal report or pursue an inquiry, you are expected to promptly report the allegation of Sexual Misconduct to the Title IX Coordinator. Reports to the Title IX Coordinator can be made in person, by phone, in writing, via email, or online using the Hotline. Reports should be made even if you do not have complete information and even if the individual requests confidentiality.

You may request partial or complete confidentiality; however, a request for confidentiality may limit the University’s ability to respond. The University 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 the University from responding effectively to a hostile environment and preventing hostile behavior that may be directed toward others.

Even if you do not wish to identify yourself or pursue an investigation, you should make a report to the Title IX Coordinator, who will provide you with information about the campus support services available to you and work with you and your school on steps to eliminate the harassment and prevent recurrence. You may make an anonymous report, but this might limit the University’s ability to respond to the complaint.

You always may contact the police about filing a criminal complaint. Regardless of whether the hostile behavior is part of a criminal investigation or proceeding, the University will conduct its own investigation and take reasonable steps to end the misconduct and prevent recurrences.

Yes. Incidents of Sexual Misconduct involving a member of the campus 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, as well as to UMB Police. The University will investigate and take reasonable steps to resolve such complaints to the extent necessary to protect the complainant and prevent harassment directed toward others.

If you have been accused of Sexual Misconduct, be aware that University policy does not presume an accused individual is responsible for the alleged conduct. The University will investigate and take reasonable steps to end the misconduct and prevent recurrences. The complainant and the respondent have equal opportunity to due process.

The University offers many campus support services. A list of campus resources is available in the  UMB Policy Prohibiting Sexual Misconduct and Sex and Gender-Based Discrimination [VI-1.60(A)] and at http://www.umaryland.edu/titleix/resources-and-references/.

If you have any questions or need guidance regarding campus resources, contact the University’s Title IX Coordinator.

The University’s Behavioral Evaluation and Threat Assessment (BETA) Team coordinates activities in response to reports of threatening, aggressive, or violent behavior or warning signs of such behavior. Warning signs are described in the UMB Behavioral Evaluation and Threat Assessment Policy [XI-3.00(A)] available at https://www.umaryland.edu/policies-and-procedures/library/public-safety/policies/xi-300a.php. 

The BETA Team can be reached through a report to University Police. If an incident of Sexual Misconduct involves threatening, aggressive, or violent behavior and you believe there is risk of continuing or recurrent danger to members of the University community, immediately report the matter to University Police in person, by phone, via email, or by using the University Associate’s Report form, available at the above-referenced BETA policy link. 

Reports of Sexual Misconduct, regardless of whether or not reported to University Police and the BETA Team, also should be made to the Title IX Coordinator. The Title IX Coordinator may consult with the BETA Team if a report of Sexual Misconduct presents a risk of danger to the individual making the report or others.

The University does not tolerate or condone any form of retaliation against an individual whose report or complaint is made in good faith or against any person who participates in good faith in an inquiry or investigation of a complaint under the applicable University policies and procedures.