VI-1.30 - UNIVERSITY OF MARYLAND SYSTEM POLICY ON SEXUAL ASSAULT
(Approved by the Board of Regents, December 1, 1995, Replacement
for Board of Regents Interim Policy on Sexual Assault, approved
August, 27, 1993; Change approved by Board of Regents, December
I. Purpose and Applicability
The University of Maryland System and its constituent
institutions adopt this policy on sexual assault, consistent
with the requirements of (i) Section 484 (f) of the Higher
Education Act of 1965, as amended by Section 486 (c) (2) of
the Higher Education Amendments of 1992, and (ii) Section 11-
601 of the Education Article of the Annotated Code of
Maryland. This policy applies to all students and
employees, both faculty and non-faculty, of the University
of Maryland System or its constituent institutions.
The following policy recognizes two levels of sexual
Sexual Assault I.
By stranger or acquaintance, rape, forcible sodomy, or
forcible sexual penetration, however slight, of another
person's anal or genital opening with any object. These
acts must be committed either by force, threat, intimidation
or through the use of the victim's mental or physical
helplessness of which the accused was aware or should have
Sexual Assault II.
By stranger or acquaintance, the touch of an unwilling
person's intimate parts (defined as genitalia, groin,
breast, or buttocks, or clothing covering them) or forcing
an unwilling person to touch another's intimate parts.
These acts must be committed either by force, threat,
intimidation or through the use of the victim's mental or
physical helplessness of which the accused was aware or
should have been aware.
III. Responsibilities of the Chief Executive Officer
Each Chief Executive Officer of a constituent institution
shall have the following responsibilities pursuant to this
policy: (i) identification of the person responsible for
coordinating the constituent institution's educational
program to promote awareness of sexual assault; (ii)
identification of the person who will serve as the initial
contact after an alleged sexual assault has occurred; and
(iii) adoption of procedures to be followed should a sexual
assault occur, including the importance of preserving
evidence as may be necessary to the proof of criminal sexual
assault, and to whom the alleged offence should be reported.
IV. Educational Programs to Promote Awareness of Sexual Assault
Each institution in the University of Maryland System shall
make available to its students, faculty and employees
programs to promote awareness of what constitutes sexual
assault, how to prevent it, and what the institution's
procedures are for handling reports of alleged sexual
assault. In addition to general educational programs for
the campus community, each institution shall provide
specialized training on the topic of sexual assault and the
provisions of sexual assault procedures to those individuals
who might be involved in providing services to or
interacting with alleged victims so as to ensure timely,
accurate and sensitive assistance to all concerned. The UMS
policy, together with the institution's procedures
concerning sexual assault, shall be distributed to all
students, faculty members and employees and shall be posted
in appropriate locations at the institution and published in
appropriate institution and System publications.
V. Off-Campus Reporting of Sexual Assaults
When a report of sexual assault is made to the institution's
initial contact, that person will encourage the alleged
victim to contact law enforcement or medical personnel as
soon as possible following the incident to receive guidance
in the preservation of evidence needed for proof of criminal
assaults and the apprehension and prosecution of assailants.
Campus authorities will assist in notification of off-campus
authorities at the request of the alleged victim.
Additionally, campus personnel will retain the right to
contact law enforcement personnel directly where an issue of
campus security is involved. Campus personnel will also
assist the alleged victim in obtaining medical attention, if
the victim chooses, including providing transportation to
the hospital or other emergency medical facility. Each
institution shall designate one or more nearby hospitals
which are equipped with the Maryland State Police sexual
assault evidence collection kit.
VI. Campus Disciplinary Procedures
1. Student Disciplinary Procedures.
a. In addition to any criminal or civil remedies available
under the law, any act of sexual assault is a violation of this
University of Maryland Policy on Sexual Assault and is subject to
disciplinary proceedings under the institution's judicial system.
The range of judicial system penalties for students shall
include, but not be limited to, one or more of the following:
alteration of class schedule, disciplinary reprimand, loss of
privilege, restitution, disciplinary probation, disciplinary
suspension, disciplinary dismissal, and disciplinary expulsion.
b. The on-campus procedures shall provide (1) the accuser and
the accused are afforded the same opportunities to have others
present during a campus disciplinary proceeding; (2) both the
accuser and the accused are informed of the outcome of any campus
disciplinary proceeding brought alleging a sexual assault; (3)
the offense must be reported according to federal reporting
mandates and Maryland State law.
2. Faculty and Employee Disciplinary Procedures.
In addition to any criminal or civil proceedings
available under law, any act of sexual assault is a
violation of this University of Maryland System Policy
on Sexual Assault and is subject to appropriate faculty
and employee disciplinary procedures. The range of
employment penalties for faculty and employees shall
include, but not be limited to, one or more of the
following: counseling, reprimand, suspension, or
termination of employment.
VII. Services for Victims
Faculty, employees and students who are victims of sexual
assault shall be offered access to counseling through mental
health services available at the institution, other victim
service entities in the surrounding community, or the
nearest state designated rape crisis program. Each
institution shall designate existing counseling, mental
health and student services, both on campus and in the
community, which are available to victims of sexual assault.
After a sexual assault has been reported at the institution,
and upon the request of the alleged victim, the victim shall
be offered an alternative academic, living or employment
situation if such alternative is available, feasible, and
appropriate to the facts of the sexual assault reported.
VIII. Implementation and Reporting Procedures
Each Chief Executive Officer shall identify his/her
designee(s) as appropriate for this policy; shall develop
procedures as necessary to implement this policy; shall
communicate this policy and applicable procedures to his/her
institutional community; and shall forward a copy of such
designations and procedures and any subsequent changes in
such designations and procedures to the Chancellor.
Institutional procedures that are part of this policy are on
file in the Office of the Chancellor.