There are 3 separate procedures and policies at UMBC:
Interim Title IX Procedures for Students, or when the accused is a student (https://humanrelations.umbc.edu/sexual-misconduct/interim-title-ix-procedures-for-students/)
Interim Title IX Procedures for Faculty, or when the accused is faculty (https://humanrelations.umbc.edu/files/2014/12/Final-8.30.2017-Procedures-Faculty.pdf)
Interim Title IX Procedures for Staff, or when the accused is staff (https://humanrelations.umbc.edu/files/2014/12/Final-8.30.2017-Procedures-Staff.pdf)
This breakdown will be focused on when the accused is a student, however please note that the procedures and policies are extremely similar with the addition of a few procedures for when the accused is an employee at UMBC. The Interim Title IX Procedures for Students has 16 sections, which we will be making clearer in this article. Hopefully, this will help you or someone you know better understand the rights you have as either party, as well as what the policies and procedures are. Please note that some of these sections are already clear, in which case they will be copied into this article.
I. Overview
The overview highlights that the procedures are set in place by UMBC are compliant with federal and state law, as well as USM and university policies "prohibiting discrimination on the basis of sex (including pregnancy), sexual orientation, gender, and gender identity or expression." Specifically, the procedures are a guide for reporting, investigating, responding to, and adjudicating complaints of a variety of Title IX violations.
It is worth being noted what "student" means here. According to this document, The term "student" includes all persons matriculating at UMBC, both full-time and part-time, pursuing undergraduate, graduate, non-degree, or professional studies who are:
currently enrolled
accepted for admission or re-admission
enrolled in a prior semester or summer session and who are eligible to continue enrollment in the semester or summer session that immediately follows
not officially enrolled for a particular term but who have a continuing relationship with UMBC; or
suspended or excluded from enrollment for prohibited conduct that occurred while the individual was a student at the university.
Also, when this article mentions policy, it means UMBC's policy on prohibited sexual misconduct, interpersonal violence, and other related misconduct.
II. Effective Date of These Procedures
These procedures are effective as of August 30, 2017. Please note that these procedures may change, at which time this article needs to be updated. If the proposed Title IX changes are enforced, then these procedures will be updated.
III. Time Frames for Reporting Prohibited Conduct
UMBC does not put a limit on reporting incidents, but it encourages students to report incidents as soon as possible so that the university can respond effectively. If the responding party isn't attending UMBC at the time of the report, they will still do an investigation, but they may be limited as to what action they may have to take against the responding party. Either way, UMBC will provide any fair and reasonably support as well as any resources designed to prevent another incident from occurring, as well as address its effects. When reporting, the reporting party will be given external reporting options, support, and resources.
IV. Interim Protective Measures
Interim Protective Measures are temporary actions taken by UMBC prior to concluding an investigation which may be applied to either party or other students as needed to ensure the safety and wellbeing of both parties and other students. These measures may be requested by either parties, or UMBC can do this at any time during the process as they see fit. You can make these requests in person, by phone, or by writing to a Title IX coordinator, any member of the Title IX response team, or another UMBC official.
These measures are taken based on the information available at the time, and aren't intended to be permanent solutions. They may be withdrawn or amended at any time as information is discovered. UMBC will take appropriate, responsive, and prompt action to enforce these measures, as well as to respond to a failure to abide by these measures.
Measures include, but are not limited to:
Access to counseling and medical services and assistance in setting up initial appointments, both on and off campus
Imposition of a campus “No Contact Order”
Rescheduling of exams and assignments
Providing alternative course completion options
Change in class schedule, including the ability to drop a course without penalty or to transfer sections
Change in work schedule, work location or job assignment
Arranging for class incompletes, a leave of absence, or withdrawal
Change in campus housing assignment or housing license
Assistance from University support staff in completing University housing relocation
Restricting access to certain University facilities, resources, or activities pending resolution of the report
To the extent practicable, preserving eligibility for academic, athletic, or other scholarships, institution-based financial aid, or program eligibility
Providing academic support services, such as tutoring
University-imposed leave or suspension for the responding party
V. Interim Suspension, Restriction from University Property
The responding party may be suspended or restricted from UMBC property for a certain time pursuant to a matter under these procedures. The Vice President for Student Affairs, or a designee, may initiate this action. The interim suspension or restriction is effective without prior notice when there is evidence that the continued presence of the student on UMBC property or specific facilities poses a threat to themselves, to others, or to the stability and continuance of normal university functions.
The responding party may request a review of the interim action, and this request must be in writing to the Vice President for Student Affairs, or a designee. A response will be given within give (5) days from the time the request is received. the review will examine only the following issues:
The reliability of the information concerning the responding party's conduct, including the matter of identity; and
whether the alleged conduct and surrounding circumstances reasonably indicate that the continued presence of the responding party on UMBC property or specific campus facility poses a threat to themselves, to others, or to the stability and continuance of normal university functions.
VI. Time Frame for Resolution
UMBC seeks to resolve every report of a Title IX violation within 60 calendar days after receiving the report, excluding any appeal of the final investigative report. This time frame may be extended for good cause, determined on a case-by-case basis, as necessary to ensure the integrity and completeness of an investigation, comply with a request by law enforcement, reasonably accommodate the availability of witnesses, reasonably accommodate delays by the parties, account for University closures, or address other legitimate reasons, including the complexity of the investigation (e.g. the number of witnesses and volume of information provided by the parties) and the severity and extent of the alleged Title IX violation. The Title IX investigator will notify both parties of the extension in writing, as well as the reason for the extension. UMBC strives to complete a thorough and fair investigation in a timely manner.
VII. Conflict of Interest
UMBC requires the Title IX investigator, the Board of Review, and Appeals Board of Review members to disclose to the Human Relations Office/Title IX Coordinator any potential conflict of interest. A conflict of interest may arise when any of the people mentioned has been a participant or related to a participant in the matter being investigated or reviewed, is related to or has had past association with either parties, is biased, and/or lacks impartiality.
Either party who believes that the Investigator, or a Board of Review or Appeals Board of Review member has a conflict of interest must submit a written request, detailing with specificity the alleged conflict of interest, to the University’s Title IX Coordinator, within three (3) calendar days after being notified of the Title IX investigator or the Board of Review or Appeals Board of Review membership. The Human Relations Office/Title IX Coordinator will determine whether a conflict exists and what action should be taken to ensure a fair and impartial process.
Absent extenuating circumstance, failure to raise a conflict of interest allegation regarding the Investigator or an individual’s membership on the Board of Review or Appeals Board of Review precludes a party from appealing the outcome, solely, based on the conflict of interest assertion.
VIII. Access for Persons with Disabilities
UMBC will provide reasonable accommodations to students with disabilities, to enable them to participate fully in the processes under these procedures. Accommodations are determined on an individual basis by Student Support Services. Any student with a disability requiring an accommodation should notify the Title IX Coordinator, at minimum, seven (7) calendar days prior to any meeting held under these Procedures.
IX. The Process
This part of UMBCs procedure is split into 8 different parts.
A. Rights of the Reporting Party and the Responding Party
In order to provide accessible, prompt and fair methods for reporting, investigating, and responding to complaints of policy violations, UMBC has developed these procedures. Throughout this process, both parties have the following rights:
To a prompt, fair, and thorough investigation
To have the choice to be accompanied by a support person, attorney, or non-attorney advisor of choice throughout the process
To be informed of available UMBC and non-UMBC resources and supports
To participate or decline to participate in the process, with the knowledge and understanding that the university may proceed with the process, despite a decision to refrain from participating
To have an equal opportunity to present relevant witnesses and evidence throughout the investigative and adjudicative process, and to have similar and timely access to information to be used during any process
To notification in writing, at the same time as the other party, of any decision, resolution, outcome, and/or appeal, and of any Board of Review or Appeal Board of Review meeting date, time, and decision
To have the right to appeal any initial outcome
B. Reporting Party Requests for Confidentiality or No Formal Action
When a reporting party requests that their name or other identifiable information not be shared with the responding party or that no formal action be taken, the investigator, in consultation with the Title IX Coordinator, will balance the request against factors, such as those listed below.
The nature and scope of the alleged policy violation, including, but not limited to, whether the reported policy violation involved the use of a weapon or force
The risk posed to any individual or to the members of the UMBC community by not proceeding, including the risk of additional violence
Whether there have been other reports of misconduct, including but not limited to reports of policy violation, filed against the responding party
Whether the report reveals a pattern of misconduct, including but not limited to policy violation, at a given location or by a particular group
The reporting party’s wish to pursue disciplinary action
Whether the university possesses other means to obtain relevant evidence
Considerations of fundamental fairness and due process with respect to the responding party should the course of action include disciplinary action against the responding party
The university’s obligation to provide a safe and non-discriminatory environment
Where possible based on the facts and circumstances, the Title IX coordinator will seek action consistent with the reporting party’s expressed preference for manner of resolution. However, in certain cases, UMBC must move forward as it sees appropriate where the university has an obligation to move forward, for example, where there appears to be a continuing threat to an individual or the UMBC community, as determined in the sole discretion of the university. The university will inform both parties if a decision to move forward is made. The university’s ability to fully investigate and respond to a report may be limited if the reporting party requests, and the university grants a request, that their name not be disclosed to the responding party or where a reporting party declines to participate in an investigation.
C. Preliminary Review
When a report is received, the Title IX coordinator will promptly conduct a preliminary review. The coordinator may consult with others when conducting the preliminary review. The Preliminary Review will assess whether the alleged policy violation, if proven, would or would not constitute a violation under the policy, as well as the appropriate route to resolve the report.
Based upon the information/facts gathered during the Preliminary Review, if it is determined that the alleged policy violation, even if proven by a preponderance of the evidence, would NOT constitute a violation under the Policy, the Title IX coordinator will promptly notify the reporting party, in writing, of this No Action Warranted determination. The investigator will provide the reporting party with the No Action Warranted notice, within five (5) calendar days after the conclusion of the Preliminary Review. The reporting party will be advised of external reporting options, and if available, other university offices that may be able to address the report.
D. Manners of Resolution
An investigation may be addressed in two ways:
Informal Intervention
Investigation/Formal Intervention
Informal Intervention
The University may address a report of alleged policy violation through Informal Intervention. Informal Intervention under these procedures does not involve an investigation or formal disciplinary action against a responding party, and is not appropriate for all forms of reported policy violation. Under No circumstances, may an allegation of sexual assault (I or II) be addressed informally. Either party can request that the university address any other type of report informally. Further, the university reserves the right to address a report of a policy violation. (excluding sexual assault I or II) via an informal manner.
Either party may make a request to the Title IX coordinator to informally address the report. The Title IX coordinator, in consultation with the applicable university authorities, will determine if Informal Intervention is an appropriate mechanism to address the policy violation, prevent its recurrence, and remedy its effects. Furthermore, a determination will be made to assess whether utilizing Informal Interventions to address the report is consistent with maintaining the safety and welfare of the entire UMBC campus community When a report is filed, the university retains the sole discretion in determining whether a case can be appropriately addressed informally.
Informal Interventions may include:
establishing Interim Protective Measures and/or post-address/intervention conditions; conducting targeted or broad-based educational programming or training for relevant individuals or groups;
providing increased monitoring, supervision, or security at locations or activities where the policy violation occurred;
facilitating a meeting with the either party present if desired (in cases that do not involve sexual assault I or II); and/or
any other remedy that can be tailored to the involved individuals to transform the environment, prevent recurrence of the issues, remedy the effects of the particular complaint, and more generally achieve the goals of the policy.
In some forms of addressing the matter informally, the remedies imposed will focus on supporting the reporting party with no participation or involvement by the responding party. In other forms, the responding party may be asked to participate or be involved. Depending on the type of remedy used, it may be possible for a reporting party to maintain anonymity.
The university will not compel a reporting party to engage in mediation, to confront directly the responding party, or to participate in any particular manner to informally address the report. Participation is a choice. Mediation, even if requested, must NOT be used in cases involving sexual assault (I or II).
Investigation/Formal Intervention
The university will investigate reports of policy violation, which have not been addressed informally or have not been addressed differently in response to a reporting party requesting that no formal action to be taken.
The investigation is designed to provide an adequate, reliable, prompt, and impartial gathering of the facts by a trained and neutral Investigator. An investigator, who has specialized training and experience investigating allegations of a policy violation, will be assigned to conduct the investigation.
The investigator will send both parties written Notices of Investigation (“NOI”). The NOI will contain a summary of the allegation(s) or conduct at issue, the range of potential violations under the policy, and the range of potential sanctions under the policy. Further, the NOI will include the notice of rights and responsibilities for both parties.
Upon receipt of the NOI, or at any stage in the process, the responding party may choose to accept responsibility for the policy violation. Once the NOI has been delivered to the parties, the investigation begins. Information gathered during the investigation will be used to evaluate the appropriate course of action, provide for individual and campus safety, and identify the need for Interim Protective Measures and other remedies, as necessary, to eliminate the policy violation, prevent its recurrence, to address its effects, and maintain public order on campus.
All individuals, including both parties and any third party witnesses, will be treated with appropriate sensitivity and respect throughout the investigation. The investigation will safeguard the privacy of the individuals involved in a manner consistent with the law and university policies. Throughout the investigative process, any participant may have a support person, attorney, or non-attorney advisor present at any meeting related to the resolution of a matter under these procedures.
During the investigation, both parties will have an equal opportunity to be heard, to submit information/documentation, and to identify witnesses who may have relevant information/documentation. The investigator will speak separately with both parties and any other individuals who have information relevant to the determination of whether a policy violation occurred. The investigative interviews may be recorded. The investigator will inform all participants prior to the start of the interview if the interview will be recorded. A single recording will be made by the investigator and will be the property of the university. The recording will be maintained by the Office of Human Relations. If a recording malfunction occurs during the interview, the investigator will create a sufficiently detailed summary of the statement(s) obtained.
Both parties may review the transcript of their own respective statement, in the presence of a University official, by scheduling an appointment with the Office of Human Relations.
Further, as part of the investigation, the investigator may gather or receive information that is relevant to the determination of appropriate sanctions or remedies, including information about the impact of the policy violation on the parties or the entire UMBC community. During the investigative process, the investigator will not disseminate copies of any documents obtained as part of the investigation with either party. The investigator will also gather any available physical or documentary evidence, including prior statements by the parties or witnesses, any communications between the parties, email messages, social media materials, text messages, and other records as appropriate and available.
All UMBC community members, including students, faculty, and staff are expected to cooperate with an investigation of any report of a policy violation to assure fairness and procedural due process. The investigator may also request the appearance of individuals from the university community who can provide relevant evidence.
Both parties may decline to participate in proceedings under these procedures. The investigator, in consultation with the Title IX coordinator, will determine whether the investigation and/or adjudication will proceed without the reporting party and/or responding party, pursuant to the factors set out above in Section IX.B.
The time frame for completion of the investigation, or any designated time frames for steps in the investigation, may be extended for good cause as necessary to ensure the integrity and completeness of the investigation, to comply with a request by external law enforcement, to reasonably accommodate the availability of witnesses, reasonably accommodate delays by the parties, to account for university closings, breaks, or vacations, to account for complexities of a case (including the number of witnesses and volume of information provided by the parties), or to address other legitimate reasons. The investigator will advise the parties in writing when the 60-day time frame for completion will not be met. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.
E. Standard of Review
The standard of review is the preponderance of the evidence. A preponderance of the evidence means that it is more likely than not that the policy violation occurred.
F. Notices to the Reporting Party and the Responding Party
All written notices/communication issued to both parties under these procedures will be hand-delivered, e-mailed, and/or mailed by certified, return receipt requested first class mail to the address of record as maintained by the Office of the Registrar.
G. Relevance and Special Considerations
The investigator has the discretion to determine the relevance of any witness or other evidence and may exclude information in preparing the investigation report if the information is irrelevant, immaterial, or more prejudicial than informative.
The investigator may also exclude statements of personal opinion by witnesses and statements as to general reputation for any character trait, including honesty. The investigator will not exclude direct observations or reasonable inferences drawn from the facts.
Considerations may include:
Character Evidence
For purposes of these procedures, character evidence is defined as information that does not directly relate to the facts at issue, but, instead, reflects upon the reputation, personality, qualities, or habits of an individual. In general, information regarding the character, or lack thereof, of either party, or any witness, is not relevant to the determination of a policy violation.
Pattern Evidence
For purposes of these procedures, where there is evidence of a pattern of similar conduct, either before or after the conduct in question, regardless of whether there has been a prior finding of a policy violation against either party, this information may be deemed relevant to the determination of policy violation or assigning of a disciplinary action. The determination of relevance will be based on an assessment of whether the previous or subsequent incident was substantially similar to the conduct cited in the report or indicates a pattern of behavior and substantial conformity with that pattern. Where there is a prior finding of a policy violation against the responding party for a similar act, there is a presumption of relevance and the finding may be considered in making a determination as to responsibility and assigning of a disciplinary action.
Prior Sexual History Between the Parties
For purposes of these procedures, where there was a prior or ongoing relationship between the parties, and the responding party asserts that consent was sought and given, the prior sexual history between the parties may be relevant to assess the manner and nature of communications between the parties.
As specified in the policy, the mere fact of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent.
Prior Sexual History with Other Parties
For purposes of these procedures, a party’s sexual history with anyone other than the either party may only be relevant under very limited circumstances to prove intent, motive, absence of mistake, or to explain an injury or physical finding.
H. Review of Draft Investigative Report
At the conclusion of the investigation, the investigator will prepare a written draft investigative report that summarizes the information gathered, highlighting the areas of agreement and disagreement between the parties with any supporting information or accounts, and includes an investigative recommendation. The recommendation will indicate whether, based upon the preponderance of the evidence, the report supports a finding that:
A policy violation occurred; or
A policy violation did not occur.
Before the report is finalized, both parties will be given an opportunity to review the draft investigative report, which will include the investigative recommendation, and may be presented in redacted form. The investigator will send a Notice for Opportunity to Review the Draft Investigative Report, with the Draft Investigative Report and all documents relied upon, to both parties.
Both parties may submit a response/comments and any additional information to the investigator within seven (7) calendar days of the date the Notice for Opportunity to Review is sent. Either party may make a request to the investigator for a limited extension of time to submit their response/comments or additional information. Reasonable requests for time extensions will be granted, however, these requests will be determined on a case- by-case basis.
This submission is the final opportunity for both parties to identify or submit any additional information or witnesses, before the report and investigative recommendation are finalized and issued. In the absence of good cause, information discoverable through the exercise of due diligence that is not provided to the Investigator at this point will not be considered by the Investigator, the Board of Review, or the Appeals Board of Review. Based on the response(s)/comment(s) to the draft investigative report and/or the submission of any additional information, the investigator will determine whether or not any additional investigation is needed.
I. Final Investigative Report
After receiving both party's response/comments and/or additional information and the investigation is deemed complete, the investigator will finalize the report and issue the final investigative report simultaneously, via electronic mail, to both parties. All final investigative reports, will be sent to a Board of Review for a final decision and determination whether a policy violation occurred, and the application of sanctions, if necessary. Prior to the scheduled Board of Review meeting:
The Notice of Review identifying the Board of Review members; and
The Final Investigative Report (with supporting documentation) will be issued to both parties, and made available to the Board of Review.
X. Consolidation of Reports
At the sole discretion of the UMBC, multiple reports may be consolidated in one investigation and/or Board of Review, if the information related to each incident would be relevant and probative in reaching a determination on the other incident (provided that it does not delay the prompt resolution of the matter). This includes matters where the determination has been made that there is relevant pattern evidence, where the evidence of the other conduct is inextricably intertwined with the alleged Title IX violation under the policy, or sufficiently related by their nature to be reasonably addressed and resolved in a single investigation and/or Board of Review.
XI. Board Review
This part of UMBCs procedure is split into 4 different parts.
A. Composition of the Board of Review
The university has selected and trained a pool of university personnel for service on the Board of Review. All members of the pool have training and/or experience to serve on the Board of Review. A Board of Review quorum will be comprised of a minimum of three (3) personnel, selected from the pool of trained personnel. In the absence of a Board of Review quorum, the university may designate an alternative means of adjudication, such as designating an individual(s) to act in the place of the Board of Review. A university student may not serve as a Board of Review member under these Procedures.
B. Role of the Board of Review
The Board of Review’s role is to independently determine whether a policy violation did or did not occur, based upon the preponderance of the evidence standard, and if warranted, determine the appropriate sanctions. The Board of Review’s role is not to act as an Investigator.
C. Board of Review Procedures
Prior to the scheduled Board of Review meeting, all members selected for the respective review process shall have received a confidential copy of the Final Investigative Report, with the supporting documentation, both party’s comments/responses, and the Draft Investigative Report.
Both parties, with their respective support persons, attorneys, or non-attorney advisors, will be scheduled to meet with the Board of Review. All parties can elect to be present for the Board of Review’s meeting with the Investigator and both parties. Either the reporting party or responding party decline to participate in the review process, however, the Board of Review will still hear from the party that opts to participate and the investigator. If either party elects to not be present at the Board of Review meeting, their voluntary absence will not preclude the process from moving forward. The Board of Review will make its determination based on the information/documents that have already been submitted in the Final Investigative Report.
Further, the Board of Review will not accept written or pre-recorded statements from either party in lieu of their presence at the Board of Review meeting. If written or pre-recorded statements are sent to the university and/or the Board of Review, they will not be considered and will not be included as part of the official record.
The Board of Review will set time limits for each part of the review process. The investigator will have no longer than fifteen (15) minutes to present the information and recommendation from the Final Investigative Report. The investigator is limited to only providing information to the Board of Review which has been identified in the Final Investigative Report. The Board of Review may, but is not required, to ask the investigator questions. Only the Board of Review members can ask questions of the investigator during the review process. At the conclusion of the Board of Review’s questions to the investigator, the Board of Review will instruct the investigator to remain for the remaining review process.
The Board of Review will then offer the reporting party an opportunity to give a closing and/or impact statement. The reporting party can decline to give a statement and no negative inference will be drawn. If the reporting party decides to give a statement, the statement shall be no longer than fifteen (15) minutes. The Board of Review may, but is not required, to ask the reporting party questions after the reporting party has given their statement. Only the Board of Review members can ask questions of the reporting party during the review process.
Thereafter, the Board of Review will offer the responding party an opportunity to give a closing and/or impact statement. The responding party can decline to give a statement and no negative inference will be drawn. If the responding party decides to give a statement, the statement shall be no longer than fifteen (15) minutes. The Board of Review may, but is not required to, ask the responding party questions after the responding party has given their statement. Only the Board of Review members can ask questions of the responding party during the review process.
If deemed necessary, the Board of Review may ask the investigator, reporting party, and/or responding party additional questions before concluding the Board of Review meeting. After meeting with the investigator, reporting party, and responding party and considering all of the relevant evidence and statements, the Board of Review will dismiss everyone and then deliberate. The Board of Review deliberations will not be recorded.
The Board of Review has the authority and discretion to determine the relevance of, place restrictions on, or exclude any information. A single recording of the Board of Review process with the investigator, reporting party, and responding party will be made and will be the property of the university. If the recording malfunctions, the Board of Review members shall create a sufficiently detailed summary of the Board of Review meeting, to be maintained in the file. The file and the recording shall be maintained in the Office of Human Relations, and only made available to the reporting party and/or responding party and the Appeals Board of Review to review, if an appeal is filed.
The Board of Review will make a final decision whether to:
Accept the Investigator’s recommended finding;
Reject the Investigator’s recommended finding; or
Refer the matter back to the Investigator for further/additional investigation; and
If a policy violation is found, determine sanctions and/or conditions.
A majority vote is required when making a decision to accept or reject the Investigator’s recommended finding or to refer back for further/additional investigation. If the Board of Review has accepted the Investigator’s recommended finding of a policy violation, the Board of Review members must also determine any sanctions and/or conditions based upon a majority vote.
The Board may consult with the Human Relations Office, Student Affairs, Department of Human Resources, and/or any other University administrative offices about any prior disciplinary actions regarding the responding party and about sanctions imposed in similar cases in the past. Consistency in sanctions of similar cases is important, however, similar offenses may result in different sanctions where there are distinguishing facts and circumstances.
In determining sanctions and/or conditions, the Board of Review may consider these factors, including but not limited to:
The nature and violence of the conduct at issue
The impact of the policy violation on the reporting party
The impact or implications of the policy violation on the UMBC community members
Prior misconduct by the responding party, including the responding party’s relevant prior discipline history, both at the University or elsewhere (if known), including criminal convictions
Maintenance of a safe and respectful environment
Any other mitigating, aggravating, or compelling circumstances to reach a just and appropriate resolution in each case
Within ten (10) calendar days of the conclusion of the review process, the Board of Review will simultaneously, provide a Notice of Review Outcome to both parties and the Investigator. The Notice of Review Outcome will include the Board of Review’s finding(s), a rationale for the finding(s), and the sanctioning decision and/or the imposition of conditions, if warranted.
The Notice of Review Outcome will also include information about the appeal process, including the available grounds for appeal, the time frame for submitting an appeal, and the name of the individual whom the appeal shall be addressed.
If neither party seeks an Appeal, at the conclusion of the Appeal period, the Notice of Review Outcome will become the final action of the University, and any sanction determined by the Board of Review will take effect immediately. If neither party seeks and appeal, and once the Notice of Review Outcome becomes the final action of the University, the parties will be given prompt written notice that the Notice of Review Outcome is now the final action of the university.
D. Closing/Impact Statements
Both parties have an opportunity to present a closing/impact statement. This is both parties’ opportunity to remind the Board of Review members about the key evidence/information that is in the Final Investigative Report, which supports their position. The parties have wide latitude in how they can present their statement by using hypothetical analogies, commenting on the credibility of the other party or witnesses, discussing or challenging the plausibility of the events at issue, and advocating why the Board of Review members should adopt an interpretation favorable to their position. Further, both parties can present information about how the events have impacted them.
While both parties will be allowed significant latitude, the statements should be confined to the issue that has been investigated and should not be used as an opportunity to engage in malicious personal attacks against the other party or witnesses.
XII. Appeals
Within ten (10) calendar days after receipt of the Notice of Review Outcome, either party may submit an appeal, in writing, to the Human Relations Office/Title IX Coordinator.
The grounds for appeal are strictly limited to the following:
Significant procedural error that affected the findings and/or sanctioning decision;
New information/evidence that was not available at the time of the findings and/or sanctioning decision, or that could not have reasonably been discovered with due diligence, that may/would change the finding and/or sanctioning decisions;
Substantive due process violation; and/or
Excessiveness or insufficiency of the sanctioning decision
You cannot appeal the outcome due to dissatisfaction. Either party may ask the Title IX coordinator or Humans Relation Office for a limited time extension to make their appeal. Reasonable requests for time extensions will be granted, however they are determined on a case-by-case basis
If the appeal is timely and properly filed, the non-appealing party will be given the opportunity to review the appealing party’s written appeal and respond to it in writing. Any response by the opposing (non-appealing) party must be submitted to the Human Relations Office/Title IX coordinator within ten (10) calendar days from being provided the other appealing party’s written appeal.
If both parties file cross-appeals, the appeal documents from each party will be considered together in one appeal review process. Each party will have the opportunity to respond to the appeal of the other party pursuant to the process described above.
XIII. Possible Sanctions of Conditions
This part of UMBCs procedure is split into 4 different parts.
A. Sanctions
The policy prohibits a broad range of conduct, which is serious in nature. In keeping with the University’s commitment to fostering an environment that is safe, inclusive, and free of Title IX policy, the policy allows for a wide latitude in the imposition of sanctions tailored to the facts and circumstances of each report, the impact of the policy violation on the reporting party and surrounding UMBC community members, and accountability for the responding party. The imposition of sanctions is designed to eliminate prohibited conduct under the policy, prevent its recurrence, and remedy its effects, while supporting the university’s mission. Sanctions may include educational, restorative, rehabilitative, and punitive components. Some conduct, however, is so egregious in nature, harmful to the individuals involved and the entire UMBC community, or so deleterious to the educational or working environment, that it requires severe sanctions. The university reserves the right to delay or refuse the conferring of an academic degree—undergraduate or graduate—during the pendency of an investigation. Possible sanctions may include, but are not limited to the following:
Title IX Reprimand
This sanction indicates that the responding student’s “good standing” status is in jeopardy and further violations may result in Title IX Probation, Suspension, or Dismissal, all of which are discussed below.
Title IX Probation
This sanction places the responding student on Title IX probationary status during which further violations of the policy may result in suspension or dismissal, both of which are discussed below.
Title IX Suspension
Under these procedures, the sanction Title IX suspension terminates a student’s status as an enrolled student for either a specific or indefinite period of time. The Title IX suspension may take effect immediately, on some future date to be specified, or be held in abeyance. A suspended student is restricted from campus and may not be present on campus without specific written authorization from the Vice President for Student Affairs or designee or the Office of Human Relations. Any violation of this restriction shall subject the student to arrest for trespassing. A student who is suspended shall exit campus immediately upon receiving notice that the sanction of suspension has been imposed. University Police must accompany the student when retrieving personal belongings. This sanction is noted on the responding party’s transcript as “Title IX – Suspension.”
A responding party may file a written request with the Office of Human Relations to have this notation expunged after the period of suspension has ended. Otherwise, the notation will remain on the student’s transcript unless the disciplinary file is expunged. A student under this sanction may reapply for admission after the designated number of semesters or years and must show cause why the behavior for which the student was suspended will not reoccur and that during the suspension the student has made positive contributions to society (e.g. through work, volunteer service, schooling, etc.).
Title IX Dismissal
Under these procedures, the sanction of Title IX dismissal permanently terminates a student’s status as an enrolled student. A Title IX dismissed student is restricted from campus and may not be on campus without specific written authorization from the Vice President for Student Affairs or designee or the Office of Human Relations. Any violation of this restriction shall subject the student to arrest for trespassing. A student who is dismissed shall exit campus immediately upon receiving notice that the sanction of Title IX dismissal has been imposed. University Police must accompany the student when retrieving personal belongings. This sanction is noted on the responding party’s transcript as “Title IX – Dismissal” and will remain on the responding party’s transcript unless the disciplinary file is expunged.
B. Conditions
In certain circumstances, even when there are no sanctions imposed, the university reserves the right to impose certain conditions upon any party who is subject to the policy. These conditions are designed to eliminate prohibited conduct under the policy, prevent its recurrence, and remedy its effects, while supporting the university’s mission and federal obligations. These conditions are not to be construed disciplinary or as sanctions.
The following conditions may be imposed, as appropriate. Conditions include, but are not limited to:
Financial restitution for any loss sustained or incurred by the institution or member(s) of the UMBC community
Community restitution
Participation in a restorative circle or conference
Attendance at an alcohol and other drug assessment or education program
Counseling Intake or Evaluation Session
Educational Project
Suspension of computer account
Restriction from specific university buildings, areas, or facilities
Termination of UMBC Residential Life license
Termination of Food Services contract
Restriction or denial of campus driving privileges for disciplinary violations involving the use or registration of motor vehicles and parking permits
No contact with designated persons
Residential Life housing reassignment or loss of ability to re-license or reapply for UMBC housing
Establishment of Educational Achievement Expectations
Revocation or denial of degree/diploma
Academic Registration block
Monetary fines
Loss of University privileges, including social privileges, athletic privileges, housing privileges, co-curricular privileges, facility-use privileges
Residential Life Probation – This condition places the student on a notice that further violations may lead to the termination of the student’s UMBC Residential Life license
Random Drug Testing
C. Failure to Satisfy or Timely Complete a Disciplinary Sanction and/or Condition
Failure to satisfy or complete a mandated sanction and/or condition within the allotted time may result in additional administrative actions, including, but not limited to, a block on the student’s ability to register for classes.
D. Expunging Disciplinary Records and/or Removing Notations
A finding of a violation of the Policy may be expunged from the responding party’s disciplinary record, and/or a transcript notation removed, by the Office of Human Relations. A “Petition to Expunge” shall be submitted by the responding arty to the Office of Human Relations for review. Factors to be considered shall include, but not be limited to, the following:
The present demeanor of the responding party;
The conduct of the responding party since the violation;
The nature and severity of the violation;
The impact upon the reporting party and the community; and
The fulfillment of other sanctions and conditions.
If expungement of a transcript notation is granted, the notation will be removed from the responding party’s transcript. If expungement of the finding of a violation is granted, the transcript notation, if present, will be removed for the responding party’s transcript and the disciplinary record will be rendered unreportable as it relates to the responding party’s disciplinary record.
XIV. Role of Support Person, Attorney, and Non-Attorney Advisor
Throughout the process, any participant may have a support person, attorney, or non-attorney advisor present with them and assisting them at any investigatory meeting or Board of Review meeting related to the resolution of a report under the policy or during any appeal process.
The parties should provide advance notice to the UMBC official convening the meeting (including any investigative or adjudicative meeting) of the name and relationship of any individual who will accompany them, so that all parties are aware of who will be present at any meeting. The support person, attorney, or non-attorney advisor will not be allowed to provide testimony or statements on behalf of the individual they are assisting. They are to assist the party by taking notes, providing emotional support and reassurance, organizing documentation, or consulting directly with the party in a way that does not disrupt or delay the meeting. They cannot be a fact witness or provide any statements as part of any process under these procedures.
Below are the roles of each type of support:
Support Person: Either party may choose to be assisted by a support person of their choice, at any investigative or Board of Review meeting under these procedures, or during any appeal process. A support person is someone who can provide emotional, logistical, or other kinds of assistance.
Attorney or Non-Attorney Advisor: Either party may, at their own initiative and expense, be assisted by an attorney or non-attorney advisor during any phase of the procedures, from investigation through appeal. The attorney or non-attorney advisor may accompany the party to any investigative or Board of Review meeting under these procedures.
When scheduling any meeting under these procedures, in which an individual has notified UMBC that a support person, attorney or non-attorney advisor plans to participate, UMBC will make reasonable efforts to accommodate the support person, attorney or non- attorney advisor’s schedule, while balancing the university’s responsibility to provide a prompt and equitable process.
Again, an individual’s support person, attorney or non-attorney advisor may not delay, disrupt, or otherwise interfere with these procedures. A party’s inclusion of a support person, attorney, or non-attorney advisor is at the sole expense of the party.
XV. Records Retention
The Office of Human Relations will keep records of matters related to Title IX violations, including, but not limited to, records of any complaints/reports of said violations; and investigation, adjudication, and resolution of complaints/reports. Records will be maintained under these procedures consistent with Section XXII of the policy.
XVI. External Reporting Options
In addition to or as an alternative to UMBC’s procedures for reporting Title IX violations, reports of Prohibited Conduct, may be filed with the following agencies:
Office for Civil Rights U.S. Department of Education The Wanamaker Building 100 Penn Square East, Suite 515 Philadelphia, PA 19107-3323 Phone: 215.656.8541 Fax: 215.656.8605 TDD: 1.800.877.8339 Email: OCR.Philadelphia@ed.gov Website: http://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html
Equal Employment Opportunity Commission (EEOC) City Crescent Building 10 S. Howard Street, Third Floor Baltimore, Maryland 21201 Phone: 1.800.669.4000 Fax: 410.962.4270 TTY: 1.800.669.6820 Website: www.eeoc.gov
Maryland Commission on Civil Rights (MCCR) William Donald Schaefer Tower 6 St. Paul Street, Ninth Floor Baltimore, Maryland 21202 Phone: 410.767.8600 Fax: 410.333.1841 TTY: 410.333.1737 Website: www.mccr.maryland.gov
Individuals who wish to file complaints with these external agencies should make contact as soon as possible, to verify any applicable filing time limits and deadlines.
