Rights

Rights

Title IX and the College’s Sexual Misconduct Policy guarantee certain rights for the Complainant/Respondent. It is the responsibility of the Title IX Coordinator to ensure that these rights are observed throughout the process. Refer to the Sexual Misconduct P&P for more detailed information about rights.

When made aware through a formal complaint, the College will take immediate action to stop sexual misconduct and to ensure equal educational access of the parties.  The College will treat complainants and respondents equitably, meaning that for a complainant, the College will offer supportive measures, and for a respondent, the College will follow the grievance process before imposing disciplinary sanctions. These steps may include supportive measures to ensure the restoration or preservation of equal educational access of the parties, protect safety, and deter sexual harassment without unreasonably burdening the other party.  Supportive measures are available to both parties and to the Complainant, regardless if a formal complaint is filed.

Rights

The grievance process will be prompt, thorough and impartial and provide a meaningful opportunity for each party to be heard. Parties involved in the process have the following rights:

  1. Treatment with dignity, respect, and sensitivity by the official of the College during all phases of the disciplinary process

  2. A fair and impartial investigation

  3. Disciplinary proceedings and resolutions that are prompt, equitable and provide an opportunity for the parties to be heard, including the provision of a live hearing

  4. Availability of Supportive Measures, regardless if a formal complaint is filed

All parties have the right to receive timely written notice of the following:

  • The reported violation, including date, time, and location of the alleged violation

  • The availability of informal resolution options

  • The range of potential sanctions associated with the alleged violation

  • The parties' rights and responsibilities under the sexual misconduct policy and information regarding other civil and criminal options

  • The date, time, and location of each hearing, meeting or interview that the parties are required or permitted to attend

  • A final determination made by the College regarding whether or not a violation occurred and the basis for the determination

  • Any sanction imposed

  • The right to appeal and a description of the appeal process

Access to the case file and evidence regarding the incident obtained by the College during the investigation or considered by the College, with personally identifiable or other information redacted as rquired by applicable law:

  • Offering testimony during the proceedings

  • Submitting evidence, witness lists, and suggested specific questions to be posed to the other party(ies) involved in the disciplinary proceeeings

  • Providing and reviewing testimony electronically or in a way in which the parties are not required to be in the physical presence of the other

  • Reviewing and providing written responses to reports and proposed findings

  • Appealing a determination or sanction 

Supportive measures are offered to preserve and restore equal education access, protect safety, or deter sexual harassment. The following supportive measures are available with or without filing a formal complaint.  

  • Providing information on available medical services

  • Access to counseling services and assistance in setting up initial counseling appointment, both on- and off-campus

  • Imposition of campus “No Contact Letter” (i.e., an official College directive that serves as a notice to an individual that they must not have verbal, electronic, written, or third-party communications with another individual)

  • Change in work schedule or job assignment or reassignment to other work group/team, or an alternative supervisor/management relationship

  • Limit an individual or organization’s access to certain College facilities or activities pending resolution of the matter

  • Voluntary leave of absence

  • Emergency suspension or College-imposed leave, pursuant to the appropriate College Policy and/or Procedure (Student Code of Conduct – 42001, Disciplinary Action and Suspension –34002)

  • Providing an escort to ensure safe movement between classes and activities

  • Rescheduling of assignment(s) and/or examination(s) (inconsultation with appropriate faculty)

  • Providing alternative course completion options (with the agreement of the appropriate faculty)

  • Change in class schedule, including the ability to take an “incomplete,” drop a course without penalty, or transfer sections (with the agreement of the appropriate faculty)

  • Providing academic support services, such as tutoring, and any other remedy that can be tailored to protect the parties and achieve the goals of this policy.
Pursuant to Education Article §11-601, the Maryland Higher Education Commission (MHEC) maintains a list of attorneys (PDF, Get Adobe Acrobat PDF Reader.-Link opens in new window.) (also known as lawyers) willing to represent students in Title IX Campus Sexual Assault Proceedings pro bono or at reduced fees.

 

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