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Sexual Misconduct - Title IX Policy


Mount St. Mary's University is a Catholic institution committed to upholding standards which promote respect and human dignity. Sexual crimes, in any form, severely violate the trust and respect essential to the preservation of such an environment and directly threatens the safety and well-being of our community members.

The following policy and procedures are included within the University’s student Code of Conduct and covers all persons taking courses through the University (including summer sessions), both full and part time, pursuing undergraduate or graduate studies, and any person residing in University housing. The University may take jurisdiction over any violation of the Code of Student Conduct committed during the time in which the student is enrolled, including incidents off campus, time between semesters, during breaks, semesters abroad, and during leaves of absences.

As Sexual Misconduct is a violation of Title IX, the following policy and procedures comply with all Title IX and Department of Education guidelines. Students who wish to file a complaint under Title IX may contact the Dean of Students, Michael Taberski, who serves as the Mount’s student Title IX Coordinator. Faculty, staff, or administrators who wish to file a complaint under Title IX may contact Pauline Engelstatter, Vice President for University Affairs.

Contact

Michael Taberski
Dean of Students & Student Title IX Coordinator
(301) 447-5274
taberski@msmary.edu
McGowan Hall 235 (Residence Life Office)

During Non Business Hours - Dean Taberski can be reached through the Office of Public Safety (301) 447-5357


Mount St. Mary's University Sexual Misconduct / Title IX Policy

Mount St. Mary’s University will not tolerate acts of sexual misconduct committed by or against any member of our community. Sexual misconduct includes:

Forcible Sex Offenses

Forcible Sex Offenses are defined as any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.

Forcible Rape is the carnal knowledge of a person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth). This offense includes the forcible rape of both males and females.

Forcible Sodomy is oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Sexual Assault With an Object is the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity. An object or instrument is anything used by the offender other than the offender’s genitalia. Examples are a finger, bottle, handgun, stick, etc.

Forcible Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or, not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity.

Non-forcible Sex Offenses

Incest is non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape is non-forcible sexual intercourse with a person who is under the statutory age of consent.

Sexual Exploitation

Sexual Exploitation occurs when a person takes non-consensual sexual advantage of another for her/his own benefit or the benefit of others. Sexual Exploitation includes but is not limited to recording or broadcasting (audio, visual, or pictorial) of sexual activity, voyeurism, or prostitution.

Sexual Harassment

Sexual Harassment is defined as unwelcome and/or repeated sexual advances, requests, or threats; offensive or demeaning sexual language or actions which is severe, pervasive, or objectively offensive as to have the effect of unreasonably interfering with an person’s educational performance or creating an intimidating, hostile, or offensive environment.

Retaliation

Retaliation or intimidation against anyone involved in a potential sexual misconduct situation will not be tolerated by the University. This includes the potential victim, potential respondent, or anyone participating in the reporting or investigation.

For the purposes of this policy, consent is the mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual act. Consent is informed, freely and actively given and cannot be obtained through coercion, intimidation, physical force or if either party is incapacitated. Silence or lack of active resistance should never be interpreted as consent. Consent cannot be inferred from previous sexual activity or intimate relationships.

*Note: Use of alcohol and/or drugs by an accused party and/or victim is not an excuse for violation of the Title IX Sexual Misconduct policy. A person who is intoxicated may have his or her judgment seriously impaired and thus might not be able to give informed consent to sexual activity. In addition, a person who is has consumed alcoholic beverages to the degree that they are intoxicated or are under the influence of drugs may not be capable of discerning and confirming consent to sexual activity. If both parties are intoxicated and engage in sexual activity, without being able to give informed consent, both parties may contravene Mount St. Mary’s sexual misconduct conduct policy. It also should be reemphasized that silence, previous sexual activity or intimate relationships, and/or the current relationship status between the parties should not be taken as an indication of consent.

When there is reasonable cause to believe that state laws or University policies prohibiting sexual misconduct have been violated, the University will assist and fully support individuals who wish to pursue filing a criminal report through the local police and/or civil action through the legal system. The University will also support individuals who wish to pursue disciplinary action through the student conduct process. Procedures have been developed to provide medical, emotional, and judicial assistance to victims of sexual misconduct. Because the right to privacy is a particularly sensitive issue in dealing with incidents of a sexual nature, these procedures have been designed specifically to maintain the highest level of confidentiality possible. The University strongly believes that it is important whenever possible for victims to be active in the decision-making process and thus recover a sense of control in their lives.

Reporting Procedure

A student who is the victim of sexual assault or harassment is encouraged to seek assistance as soon as possible after the incident. Community members who aware of sexual misconduct (regardless of their involvement) are likewise encouraged to report the information in order for the University to assist potential victims and protect the community.

The following individuals are required by Title IX to report the information they receive to the Dean of Students/Title IX Coordinator in order to ensure victims receive support and understand their rights:

  • University administrators
  • University athletic personnel including coaches, assistant coaches and trainers
  • Campus Ministry staff except for the University Chaplain or priests acting in a role as a pastoral counselor
  • University faculty
  • Public Safety Officers and Administrators
  • Residence Life Staff including Resident Assistants and professional staff members
  • Seminary Faculty, Staff and Administrators
  • University Staff

The following individuals, if requested by the victim, may maintain confidentiality and are thus not required to submit an identifiable report to the Dean of Students/Title IX Coordinator:

  • University Counselors
  • Health Services Staff
  • The University Chaplain or priests acting in a role as a pastoral counselor

A victim can also contact the Heartly House, a rape and sexual assault crisis center in Frederick, Maryland directly by calling class="skypepnhtextspan"301-662-8800 class="skypepnhcontainer". Heartly House can provide counseling, emotional support and information regarding legal options. An advocate of the Heartly House will normally meet a victim at Frederick Memorial Hospital Emergency Room at the victim’s request.

Investigation

When the Dean of Students/Title IX Coordinator receives a report from a victim, community member, or University personnel, the Director of Public Safety/Title IX Investigator (or designee) will be contacted in order to initiate an investigation. This investigation may include, but is not limited to: meeting with the victim, meeting with the accused respondent, and meeting with anyone who may have witnessed or possesses information regarding the alleged incident.

The University’s investigation will be handled separately from any other investigation (including criminal or civil) and every attempt will be made to have the University’s investigation completed in a timely manner independent of any other investigation.

Victims have the option to share as much or as little information as they are comfortable disclosing, and the University will maintain the strictest privacy possible. Information will only be shared to those responsible for the investigation and/or resolution of the situation when absolutely necessary.

While a victim can decide whether or not they wish to pursue disciplinary action through the student conduct process, the University reserves the right, at its sole discretion, to pursue an investigation and subsequent conduct process in order to protect the University community.

Evidence Protection

A victim of sexual assault should:

  • Try to preserve all physical evidence.
  • Do not wash, use the toilet, bathe, shower, or change clothing if it can be avoided. If clothes are changed, place all clothing worn at the time of the assault or immediately following the assault in a paper (not plastic) bag. Victims should also preserve bedding (I.e. sheets, pillows, blankets, etc.) whenever possible.
  • Get medical attention as soon as possible to make sure there are not any physical injuries or other health related issues and to collect important evidence that will assist with a prosecution.

Student Conduct Process

Once an investigation has concluded, the Director of Public Safety/Title IX Investigator will provide a report of the investigation to the Dean of Students/Title IX Coordinator in order to initiate the Student Conduct Process. An explanation Student Conduct Process can be found with the University’s Student Code of Conduct.

While the policies and procedures associated with the Student Conduct Process are consistent regardless of the type of conduct violation, it should be noted that cases involving Title IX/Sexual Misconduct also include the following procedures:

  • The victim may be present for the student conduct conference or witness the conference proceedings via an audio/visual connection.
  • The victim in a sexual misconduct situation also has the ability to appeal the outcome of the conduct process. The procedures for the appeal process (which are the same for victims in sexual misconduct cases) can be found in the student conduct process of the student Code of Conduct.

Rights of the Victim

Any student who is a victim of sexual misconduct shall have the following rights:

  • The right to decide whether he/she victim wants to initiate the University’s student conduct system and/or file charges with the Frederick Country Sheriffs’s Department.
  • The victim may file for a Peace Order or Protective Order at the Frederick County Commissioner’s Office prohibiting the accused or friends of the accused from contacting the victim.
  • The right to have a person of the victim’s choice to accompany her/him during a University conduct conference. All participants will be bound by the rules of confidentiality governing the conduct conference.
  • The right to request modified living arrangements (if living in campus housing) pending the outcome of the University conduct process.
  • The right, where possible, to have classes reassigned so as to not share classes with the accused.
  • The right to make up academic work the victim has missed because of time lost due to the assault, investigation, and the University conduct process.
  • The right to request that the University proceedings be conducted so that the accused and the victim are never in the same room together. The right to be present at the University hearing or witness the hearing via an audio/video connection.
  • The right not to have his/her sexual history discussed during the University conduct process.
  • The right to make a victim impact statement.
  • The right to be notified immediately of the outcome of the University conduct process.
  • The right to appeal the outcome of the University conduct process.

Rights of the Accused

Any student accused of sexual misconduct has the following rights:

  • The right to an explanation of the information brought against him/her.
  • The right to an explanation of the student conduct process.
  • The right to be presumed not responsible.
  • The right to a fair and impartial conduct process.
  • The right to have an advisor accompany him/her during a University conduct conference. All participants will be bound by the rules of confidentiality governing the hearing and the advisor standards explained in the University’s student Code of Conduct.
  • The right to know ahead of time the names of witnesses to be called in the conduct conference.
  • The right to testify on his/her own behalf.
  • The right to be free from a second conduct conference on the same charge after the actions of the accused has been found not to be in violation of University policies.
  • The right to be informed in a timely manner of the outcome of the conduct process.
  • The right to appeal the decision of the conduct conference as outlined in the University’s student conduct process.

Title IX Grievance Policy

Title IX and the Department of Education Office of Civil Rights allow for a student to file a grievance against the University if she/he feels she/he has been discriminated against by the institution. For more information on this process please visit http://www.ed.gov/ocr

 
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