The following frequently asked questions and answers provide general information on the reporting, handling, and adjudication of complaints of sexual and sex-based misconduct. If you have any questions that are not addressed here, please contact the Johns Hopkins University Office of Institutional Equity (“OIE”) at [email protected], [email protected], or 410-516-8075.
Title IX Coordinator Information
1. Who is Johns Hopkins University’s Title IX Coordinator?
Linda Boyd, JD is the University’s Assistant Vice Provost & Title IX Coordinator.
Office of Institutional Equity (OIE)
Phone: 410-516-8075
E-mail: [email protected]
August 1, 2024 Title IX Revised Regulations
2. What are the new Title IX regulations, effective August 1, 2024, and what do they require of Hopkins?
On August 1, 2024, the Department of Education’s revised regulations governing higher educational institutions’ handling of sexual and sex-based misconduct matters under Title IX went into effect. On the same day, the University launched a revised policy: the Interim Sexual and Sex-Based Misconduct Policy and Procedures (SMPP). The new regulations primarily led to the revision and consolidation of certain definitions and the modification of various procedures required to address allegations of sexual and sex-based misconduct. In addition, some types of sex-based discrimination that formerly were handled under the Discrimination and Harassment Policy and Procedures, now fall under the SMPP.
3. What are the most significant changes as a result of the revised regulations?
The most significant changes to the SMPP relate to the definitions and procedures for sexual and sex-based misconduct and certain employee responsibilities regarding reports of sexual or sex-based misconduct. Policy revisions have been made to: 1) update and clarify the definitions of prohibited conduct under the SMPP, including some conduct that was previously covered by the University’s Discrimination and Harassment Policy and Procedures; 2) outline the different procedures for addressing sexual and sex-based misconduct depending on the affiliation of the parties and allegations of misconduct; 3) Expand employee reporting and training obligations; 4) include other information required by the regulations; and 5) provide additional policy and procedural clarity for our community.
4. What will not change based on the regulations?
The University’s commitment to preventing sexual and sex-based misconduct, addressing reports in a timely and fair manner, and providing support for those involved in sexual and sex-based misconduct matters is unwavering. We assure our community that the following will remain consistent when we address sexual and sex-based misconduct:
- All sexual and sex-based misconduct that has been prohibited and addressed under University policy will continue to be prohibited and addressed under the University policy – this includes conduct that happens off-campus and/or outside of the United States;
- We will continue to use the “preponderance of the evidence” standard to determine SMPP policy violations;
- We will continue to provide supportive services and measures to Complainants and Respondents involved in sexual and sex-based misconduct matters; and
- The Provost’s Sexual Violence Advisory Committee will continue its efforts to identify and recommend to the Provost sexual misconduct prevention, support and accountability measures that will best serve our community.
5. What is the University’s current policy on Sexual and Sex-Based Misconduct (SMPP)?
The University is committed to maintaining an environment free from all forms of sexual and sex-based misconduct. The University’s Interim Sexual and Sex-Based Misconduct Policy & Procedures (SMPP) sets forth prohibited conduct, as well as procedures for handling reports. Definitions of all of the above prohibited conduct are contained in the Johns Hopkins University’s (JHU) Interim Sexual and Sex-Based Misconduct Policy and Procedures.
6. Does the current Interim Sexual and Sex-Based Misconduct Policy and Procedures apply retroactively?
No. The new policy definitions and procedures are not retroactive. Where the allegations of sexual and sex-based misconduct allegedly occurred on or after August 1, 2024, the new policy will be applied. Matters reported to OIE prior to August 1, 2024, and concerns related to allegations of sexual and sex-based misconduct that occurred prior to August 1, 2024, will be subject to the policy in effect at the time the alleged conduct occurred and the procedures applicable as determined by the Title IX Coordinator or designee consistent with relevant law.
Filing a Report with OIE
7. Where can I go to raise a concern about sexual and sex-based misconduct or if I need support?
The Johns Hopkins University Office of Institutional Equity
Wyman Park Building, Suite 515 3400 North Charles Street Baltimore, MD 21218
Telephone: (410) 516-8075
TTY: Dial 711
E-mail: [email protected]
Reports can also be made online by using the general Sexual and Sex-Based Misconduct Report Form.
The University will respond to all reports of sexual and sex-based misconduct.
8. Can I talk to OIE without filing a Report or Complaint?
Yes. You can speak to OIE about your concerns and process options prior to filing any report or complaint and OIE can connect you with supportive resources and measures regardless of whether you decide to file a complaint.
However, please be advised that, during that conversation, should OIE learn information that may require further action (for example, safety and security concerns), OIE may need to conduct further follow up. That follow up could include the Title IX Coordinator filing a complaint, which includes identifying information.
9. Is there a time limit for making a report of sexual or sex-based misconduct?
No, there is no time limit for submitting reports to OIE. However, we encourage Complainants to report an incident as soon as possible to maximize our ability to respond promptly and effectively. If the Respondent (the person accused of sexual or sex-based misconduct) is no longer a member of the University community, OIE may not be able to take action against the Respondent; however, OIE will still look into available and appropriate steps to end the harassment, prevent its recurrence, and address its effects.
10. How does the University respond to reports of sexual and sex-based misconduct and retaliation?
JHU encourages and has systems in place for all community members to safely come forward and report sexual and sex-based misconduct and related retaliation. OIE is responsible for assessing and investigating sexual and sex-based misconduct and related retaliation reports. OIE follows up on every report received, as appropriate. OIE also works with campus partners like Student Affairs, Human Resources, and departmental or divisional leadership, to put measures in place that help ensure a safe and supportive environment for individuals involved in a sexual and sex-based misconduct or retaliation matter. OIE and the campus partners with which it works are committed to handling reports of sexual and sex-based misconduct and related retaliation with discretion, and minimizing the number of individuals who need to be involved in responding to a report. In addition, OIE considers to the greatest extent possible Complainants’ wishes for confidentiality and preferences for next steps after any report.
11. What supportive measures are available to parties involved in sexual and sex-based misconduct matters?
Please contact Campus Safety and Security and/or 911 if you have immediate safety concerns.
OIE will work with all affected individuals to ensure their safety and promote their well-being. When OIE receives a sexual and sex-based misconduct report, it will consider supportive measures that help ensure a safe and secure environment. If an external decision maker supports OIE’s recommendation that the SMPP was violated, more permanent accommodations and safety measures may be implemented as sanctions.
Supportive measures, as defined in the SMPP, may include, but are not limited to:
- Moving residences on-campus;
- Adjusting work schedules;
- Changing academic schedules;
- Changing advisors;
- Changing or designating specific locations and/or time frames for each party with respect to use of dining facilities, athletic facilities, libraries, and other on-campus spaces;
- Parking and/or transportation accommodations;
- Rescheduling examinations and other academic deadlines;
- Allowing withdrawal from or re-taking classes without penalty;
- Providing access to tutoring or other academic support;
- Prohibiting attendance at group or organizational informal or formal functions overseen by the University;
- Interim suspension/emergency removal as permitted by applicable law;
- Administrative leave for employees;
- Issuing “no contact” orders, which will typically be mutual;
- Assistance obtaining access to medical and/or mental health services;
- Access to safety escort services;
- Developing an anti-retaliation plan to address retaliation concerns; and/or
- Assistance connecting with a supporter.
Both complainants and respondents have equal access to appropriate and reasonably available and feasible supportive measures.
12. May I have someone attend meetings related to the reporting, investigation and/or adjudication of sexual and sex-based misconduct matters?
If they choose, the Complainant and the Respondent each may identify one or two supporter(s) to assist and advise them throughout the investigative and resolution process (including credibility assessment process , sanctioning, and appeals). If a party chooses to have two supporters, only one can be a personal supporter (i.e., someone who is not serving as legal counsel or advocate, for example, a friend, parent, or legal guardian) and only one may be an attorney, an advocate supervised by an attorney, or a trained advocate).
- The supporter(s) may physically or virtually accompany the party to attend any meeting, interview or hearing/credibility assessment held pursuant to the SMPP.
- During any meeting, hearing/credibility assessment, or interview under the SMPP, the supporter(s) (whether or not legal counsel) may privately advise and consult with the party, except during questioning of the party at a hearing/credibility assessment.
- The supporter(s) may not speak on the party’s behalf or otherwise participate, or address or question the investigator, decision-maker(s), or other parties or witnesses.
- The supporter(s) may make written submissions on their party’s behalf.
13. Are there attorney options available to students in sexual or sex-based misconduct matters?
Yes. Parties are always welcome to retain their own attorney. In addition, in investigations that involve allegations of sexual assault by or against a current or former student, the student parties may have access to free legal counsel under Maryland law and through the Maryland Higher Education Commission. These attorneys could serve as Supporters as described above. The following MHEC website provides more information, including a list of participating attorneys.
14. Is there an assessment process once a report is filed?
Yes. When OIE receives a report, OIE considers whether the allegations, if proven, would constitute sexual or sex-based misconduct. OIE may engage in limited fact gathering to determine next steps, including initiating an investigation or informal resolution, referring the matter to another office or department or dismissing a complaint.
When the allegations fall in the sub-category of conduct that “unreasonably creates a work or academic environment that a reasonable person would perceive to be abusive or hostile,” OIE performs additional assessment to determine the appropriate process:
- If the conduct as alleged would be considered “hostile environment harassment” as defined in the Title IX regulations (34 CFR Part 106, § 106.2) — meaning subjectively and objectively offensive and is so severe or pervasive that it limits or denies a member of the community’s ability to participate in or benefit from the University’s education or employment programs and/or activities — the matter will be considered a complaint and any resulting investigation will be conducted consistent with the SMPP.
- For all other allegations, OIE will determine whether the allegations should be addressed by OIE, another University office/entity (for example Student Conduct or Human Resources), or a joint collaboration between OIE and another office/entity. Such allegations may not result in an OIE investigation or adjudication under these Procedures, but may lead to other supportive, disciplinary, restorative or educational measures.
- Informal resolution may be available in both of the above situations. OIE will communicate with the appropriate parties and will document the results of its evaluation/assessment and any actions or measures that are implemented.
15. What is the difference between a Complainant and a Report?
A Complaint is an oral or written request that objectively can be understood as a request for the University to investigate and make a determination about alleged sexual or sex-based misconduct. A Report occurs when, without requesting that the University investigate and make a determination, an individual shares information about allegations of sexual or sex-based misconduct, asks questions about OIE policy, processes and options, and/or seeks supportive resources or measures. If OIE is not certain whether an individual is seeking to file a Complaint, OIE will seek to clarify directly with that individual.
16. Are there any reasons why the University may dismiss a Complaint after it is filed?
Yes. The Title IX Coordinator has the discretion to dismiss a Complaint of sexual and/or sex-based misconduct where:
- OIE is unable to identify the Respondent after taking reasonable steps to do so;
- The Respondent is not participating in the University’s education program or activity and is not employed by the University;
- The Complainant voluntarily withdraws any or all of the allegations of the Complaint, the Title IX Coordinator declines to initiate a complaint, and OIE determines that without the complainant’s withdrawn allegations, the conduct that remains in the complaint, if any, would not constitute sex discrimination if proven; or
- After clarifying the allegations with the Complainant, OIE determines that the conduct alleged in the complaint, even if proven, would not constitute sex discrimination.
17. Will the University inform my parents of a sexual and sex-based misconduct report? What if I am under 18 years old?
If a complainant is under the age of 18 (i.e., a minor), the complainant’s parent or legal guardian may be informed of any report of sexual and sex-based misconduct made by or on behalf of the complainant. as well as the status of any investigation or resolution of the matter. However, OIE will strongly consider a minor complainant’s request that their parent(s) or guardian(s) not be informed of a report of sexual and sex-based misconduct and/or the status of any investigation or resolution, particularly when the minor complainant is enrolled in an undergraduate or graduate program. Matters involving minors will also be addressed pursuant to the University’s Policy on the Safety of Children in University Programs, as well as applicable law.
Parental or guardian requests on behalf of a minor that a complaint be kept confidential or that an investigation not proceed will be handled in the same manner as such requests by a complainant over the age of 18.
Anonymous Reporting
18. Can I file an anonymous report of sexual or sex-based misconduct?
Yes. Anonymous reports may be filed with the Office of Institutional Equity (OIE), meaning that reporters may file a report without identifying themselves. Anonymous reporters are encouraged to speak with the Title IX Coordinator or an OIE investigator so as to understand the potential limitations for an investigation being conducted based on an anonymous report.
To make an anonymous report, please call or email OIE (410-516-8075 or [email protected]), or submit the Sexual and Sex-Based Misconduct Report Form. Do not provide any personally identifiable information (such as name, University email, personal e-mail that discloses your name, or University phone number) when making the report.
19. How does OIE determine whether or not to grant a Complainant’s request for confidentiality and/or request for no further action on a report?
The Title IX Coordinator will consider a number of factors in deciding whether a Complainant’s request can be honored, including, but not limited to:
- Whether there are concerns of a pattern of misconduct;
- The severity of the alleged misconduct; and
- Whether the complaint raises safety or security concerns.
20. What happens if OIE cannot grant a Complainant’s request for confidentiality and/or request for no further action?
OIE generally will seek to honor the request of a Complainant not to proceed with an investigation or further OIE action. If OIE is unable to grant a Complainant’s request for confidentiality and/or no further action, OIE will first attempt to speak with the Complainant to explain the rationale behind this decision. OIE will also attempt to notify a Complainant before investigation notifications are issued that contain the Complainant’s name and/or identifying information.
21. If I file a sexual and/or sex-based misconduct report with the University, will the police be contacted?
Generally, no. JHU typically would only contact the police/local law enforcement to assist the Complainant to connect with police/law enforcement, and only if the Complainant so desires. In very rare circumstances, JHU may decide that contacting the police or local law enforcement is necessary, for example to obtain immediate assistance in protecting the health and safety interests of JHU community members. JHU staff and faculty are also mandated by law to contact the police/law enforcement or local Child Protective Services agency when they learn of allegations of sexual assault or abuse of a minor.
Filing a Report with Law Enforcement
22. Can I file a police report?
Yes. In an emergency, contact 911 to reach law enforcement. A listing of campus security and local law enforcement contact information is available in Appendix A to the SMPP. Campus security or the Title IX Coordinator can also provide assistance with contacting local law enforcement.
JHU stands ready to assist students, staff and faculty who wish to file a police report with local law enforcement. Campus Safety and Security can provide more information about this process. They can also provide more information about how to request a protective or peace order. Filing a police report does not prevent someone from also filing a report with OIE, if they wish.
23. What is the difference between filing a report with the police and with OIE?
A law enforcement agency (e.g., Baltimore Police Department) is responsible for investigating criminal A law enforcement agency (e.g., Baltimore Police Department) is responsible for investigating criminal activity; OIE is charged with investigating reports of violations of university policy. Where reports are made to both police and OIE, there may be concurrent investigations, even if the police report results in a criminal prosecution. The university will comply with applicable state/local law in recognizing protection orders.
Confidential Support and Medical Attention
24. What is a confidential resource and how can I find University designated confidential resources?
A “Confidential Resource” is a formal University designation given to certain University employees/departments who do not have to report sexual and sex-based misconduct to the University. Confidential Resources include mental health providers and staff, healthcare providers and staff, pastoral counselors and staff, the University’s Gender Violence Prevention & Education Specialist and staff, and any other persons who have a legal obligation to protect confidentiality when acting in a professional capacity unless there is an imminent threat to health or safety, or other basis for disclosure pursuant to law.
Please click here for a full list of Confidential Resources available to students, faculty and staff.
All confidential employees who receive reports or otherwise become aware of possible sexual or sex-based misconduct in the course of their employment are required to provide the following information to the individual making the report:
- An explanation of their confidential employee status;
- Information on how to notify the Title IX Coordinator (e-mail: [email protected], phone: 410-516-8075)
- Information about how to make a report or complaint of sexual or sex-based misconduct; and
An explanation that the Title IX Coordinator may be able to offer and coordinate supportive measures as well as initiate informal resolution or an investigation under the SMPP.
25. Is OIE a confidential resource?
No. OIE is not a confidential resource, however OIE is discreet and only shares information necessary to respond to reports, carry out its assessments and investigations, and comply with applicable law.
26. Where can I find non-JHU (external) confidential resources?
Click here to view non-JHU confidential resources.
27. I think I was sexually assaulted and/or the victim of relationship violence and I want to find medical help. Where should I go?
In Baltimore City, individuals who are raped or sexually assaulted can seek medical assistance, support, and testing at Mercy Hospital, 345 St. Paul Place, Baltimore, MD 21202. Mercy Hospital is the only hospital in Baltimore City equipped with a sexual assault forensic examination program, where specially trained nurses can assist victims of rape, sexual assault, and relationship violence with physical examination, evidence collection, and assistance with pursuing a complaint with the Baltimore City Police, if the victim so desires.
For additional medical centers equipped with forensic services in the Baltimore and Washington, DC metro areas, please click here. For medical assistance outside the Baltimore and Washington, DC areas, please contact your closest local hospital and inquire about the nearest hospital equipped with medical forensic services. For more information about local hospitals, including in Bologna, Italy and Nanjing, China, please see Appendix F of the SMPP.
The University’s Health Center and University Health Services Center are not able to perform forensic examinations (that is, they cannot collect evidence). They can, however, perform a physical exam as well as test for pregnancy and sexually transmitted diseases.
While the first 120 hours (5 days) following a rape are most likely to result in evidence collection, some victims may not wish to have a forensic exam done. Please know that there are other health assessments that medical professionals can perform to ensure a victim’s physical well-being and provision of medical care, if needed.
The Role of Alcohol and Other Drugs
28. I was drunk when I was sexually assaulted. If I file a complaint, I’m afraid that I won’t be believed.
Simply because a person was drunk does not mean they will not be believed. In a sexual assault case involving a Complainant who has been drinking, one of the issues to be determined is the Complainant’s ability to consent and, if they could not consent, whether the Respondent knew or should have known that the Complainant was incapacitated. For more information about how OIE evaluates incapacitation in sexual assault cases, please see FAQ #30.
29. When I was sexually assaulted, I was under 21 and consuming alcohol. Will I be charged with a violation of the Student Conduct Code, or otherwise get in trouble, if I report the sexual misconduct? What if I smoked marijuana or otherwise consumed an illegal drug?
Please review Section IV. 7 of the Interim Sexual and Sex-Based Misconduct Policy for more information about the University’s amnesty provision. Reporting incidents of sexual and sex-based misconduct is vital to maintaining a campus climate free of harassment and sexual violence. The University will not impose disciplinary action, except for a mandatory intervention for substance abuse, for a violation of alcohol or drug policies for a student who reports to the University or law enforcement an incidence of sexual or sex-based misconduct or who participates in an investigation of sexual or sex-based misconduct as a witness if: (1) the University determines the violation occurred during or near the time of the alleged sexual or sex-based misconduct; (2) the student is determined to have made the report of sexual or sex-based misconduct or is participating in an investigation as a witness in good faith; and (3) the University determines that the violation was not an act that was reasonably likely to place the health or safety of another individual at risk.
30. Is intoxication the same as incapacitation?
No. People can be intoxicated and still be able to make and express their decisions. A person is incapacitated when they are “unable to make a rational decision because the person lacks the ability to understand” their decisions.
31. How does OIE evaluate incapacitation in a sexual assault case?
When a person is drunk or under the influence of drugs to the point of being incapacitated, they cannot consent to a sexual act. In matters involving an allegation of lack of consent based on incapacitation, OIE will evaluate:
1. Whether the Complainant was incapacitated; and, if so
2. Whether the Respondent knew or should have known of such incapacitation.
Because the impact of alcohol and/or drugs varies from person to person, someone will be considered unable to give valid consent if they cannot appreciate the: who, what, when, where, why, or how of a sexual interaction. In terms of assessing a Complainant’s ability to consent to sexual acts due to being under the influence of alcohol or drugs, the following factors may be considered:
- What and how much was consumed?
- Did the Complainant blackout or partially blackout?
- Was the Complainant able to make reasonable decisions?
- Did the Complainant know where they were?
- Did the Complainant know who they were with?
To assess whether the accused knew or should have known that the Complainant was incapacitated, the following factors may be considered:
- Did the Complainant appear lucid to the Respondent and/or others?
- Was the Complainant slurring their speech?
- Was the Complainant vomiting?
- Was the Complainant stumbling or having difficulty maintaining balance?
- Was the Complainant able to support her/his/them self?
Retaliation
32. What is retaliation?
Retaliation means intimidating, threatening, coercing, harassing, taking adverse employment or educational action against, otherwise discriminating against an individual in any way, and/or interfering with any right or privileged secured by Title IX or its implementing regulations because the individual:
- made a report or complaint under the Interim Sexual and Sex-Based Misconduct Policy and Procedures (SMPP);
- participated or refused to participate in any way in the investigation or resolution of such a report or complaint;
- opposed conduct that they reasonably believed to be prohibited under the SMPP, or applicable law regarding sexual or sex-based misconduct, discrimination or harassment; or
- exercised any right or responsibility under the SMPP.
Retaliation includes conduct that is reasonably likely to deter an individual from making a complaint or report under the SMPP or from participating in the investigation or resolution of a complaint or report; or from opposing conduct that they reasonably believe to be prohibited under the SMPP, or applicable law regarding discrimination or harassment.
Retaliation includes peer retaliation and can occur through online communications and activities such as social media.
33. What is an anti-retaliation plan?
OIE can develop Anti-Retaliation Plans to proactively address an individual’s specific concerns of retaliation, thereby giving the individual confidence to pursue their report while also deterring potential retaliation.
Anti-Retaliation Plans are customized to fit the circumstances and relationships involved. When a reporting party expresses concerns of retaliation, OIE inquiries about their specific fears and then works with the parties and relevant individuals to implement solutions.
More Information about OIE and Sexual and Sex-Based Misconduct at JHU
34. Where can I find more information about annual statistics?
OIE’s published Annual Reports, dating back to 2017, can be found here. These documents provide background and specific data on the University’s response to reports of sexual and sex-based misconduct and other forms of discrimination and harassment.
In addition, you can find a summary of the results from recent JHU climate surveys on sexual misconduct here.
35. Where can I find more information about the Consent Campaign?
The I Ask, I Listen, I Respect JHU consent campaign was designed to resonate with community members, with an emphasis on consent throughout sexual and intimate activity. The goal is to better socialize and teach the following behaviors:
- Open communication during sexual and intimate activities;
- Recognition of verbal and non-verbal consent and non-consent cues; and
- Maintaining consent throughout a sexual or intimate experience.
For more information about consent, please visit: https://wellbeing.jhu.edu/blog/2021/10/15/i-ask-i-listen-i-respect/.
Responsible Employees
36. What obligations do employees have when they receive information about possible sexual or sex-based misconduct?
Responsible Employees must promptly report all known relevant information to the Title IX Coordinator, including the name of the complainant, respondent, and any witnesses and any other relevant facts, including the date, time, and location of the misconduct. Faculty who are also licensed medical providers do not have a Responsible Employee obligation when providing patient care where the patient information that constitutes a report of potential sex-based misconduct is protected by applicable patient privacy laws. Employees conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination do not have Responsible Employee obligations to report information received while conducting the study. If you have any question about whether you are a Responsible Employee or questions regarding your Responsible Employee duties, please promptly contact the Title IX Coordinator or the Office of Institutional Equity for clarification.
Confidential employees who receive reports or otherwise become aware of possible sexual or sex-based misconduct are required to provide the following information to the individual making the report:
- An explanation of their confidential employee status;
- Information on how to notify the Title IX Coordinator (e-mail: [email protected], phone: 410-516-8075)
- Information about how to make a report or complaint of sexual or sex-based misconduct; and
- An explanation that the Title IX Coordinator may be able to offer and coordinate supportive measures as well as initiate informal resolution or an investigation under this Policy and Procedures.
All other employees who are not Responsible Employees or Confidential Employees and who learn of conduct that may reasonably constitute sexual or sex-based misconduct under this policy are obligated to give the individual who shares this information the following:
- Contact information for the Title IX Coordinator (e-mail: [email protected], phone: 410-516-8075); and
- Information about how to make a report or complaint of sexual or sex-based misconduct.
*Note regarding student-employees: Resident Advisors (RAs) and Teaching Assistants (TAs) are Responsible Employees. All other student-employees must adhere to the above requirement to share information if they learn of potential sexual or sex-based misconduct while serving in their employment capacity.
37. Who is a Responsible Employee?
“Responsible Employee” is a designation given to certain University employees who have a duty to report potential sexual and sex-based misconduct that they learn of to the University’s Title IX Coordinator. Responsible Employees are designated based on the University’s determination that they have the authority to redress sexual and sex-based misconduct, have the duty to report sexual and sex-based misconduct to the Title IX Coordinator, or are employees who a student reasonably believes have such authority or duty. Confidential Resources are not Responsible Employees. Responsible Employees designated by the University include academic administrators, academic advisors, non-confidential employees serving in a supervisory role, all faculty (including deans and department directors, heads and chairs), student affairs staff, Office of Institutional Equity staff, faculty, teaching assistants, Human Resources personnel, campus security officers, resident advisors, and athletic coaches.
Please note that no employee is authorized to investigate or resolve reports or complaints of this nature without express direction from OIE.
38. What is a confidential resource or employee?
A “Confidential Resource” or “Confidential Employee” is a formal University designation given to certain University employees who and departments that are not required to report to the University incidents of sexual or sex-based misconduct learned during the course of their Confidential Resource-designated employment. Confidential Employees must notify individuals reporting sexual or sex-based misconduct: (1) of their confidential employee status; (2) how to notify the Title IX Coordinator; (3) how to make a complaint of sexual or sex-based misconduct; and (4) that the Title IX Coordinator may be able to offer and coordinate supportive measures as well as initiate informal resolution or an investigation under this Policy and Procedures.
Confidential Resources/Employees include mental health providers and staff, healthcare providers and staff, pastoral counselors and staff, the Ombuds office and any other persons who have a legal obligation to protect confidentiality when acting in a professional capacity unless there is an imminent threat to health or safety, or other basis for disclosure pursuant to law. For a list of both JHU and off-campus Confidential Resources, see Appendix B.
All resources not specifically designated as Confidential Resources are considered non-confidential. If you have any question about whether you are a Confidential Resource or whether someone you would like to speak to is a Confidential Resource, please contact the Title IX Coordinator or Office of Institutional Equity for clarification.
39. If I report a responsible employee (for example, Campus Safety and Security, Student Affairs, Human Resources, or a faculty member) that I have been sexually assaulted or have experienced some other form of sexual or sex-based misconduct, will my report be confidential?
The University is aware that many students, staff and faculty are concerned about confidentiality and do not wish to have their identity disclosed. The University appreciates these confidentiality concerns and will seriously consider these requests. However, the University also has an obligation to keep the community safe and to address incidents of alleged sexual and sex-based misconduct that it knows about. As stated above, designated responsible employees must convey any report they learn of to OIE.
All other employees who are not Responsible Employees or Confidential Employees and who learn of conduct that may reasonably constitute sexual or sex-based misconduct under this policy are obligated to give the individual who shares this information the following:
- Contact information for the Title IX Coordinator (e-mail: [email protected], phone: 410-516-8075)
- Information about how to make a report or complaint of sexual or sex-based misconduct.
OIE receives a report – either from a Responsible Employee or Complainant – its first step is typically to contact the impacted individual. We want to talk about rights and options. We also want to understand preferences for moving forward, as well as support that may be helpful. While certain situations and information may require us to take action without first speaking with the impacted individual, we would generally like to speak with that individual before we take any action.
40. What obligations do employees have when a student discloses pregnancy or a related condition?
When a student informs any employee of the student’s pregnancy or related conditions, the employee must promptly do the following:
- Provide the student with Title IX Coordinator’s name and contact information:
Linda Boyd, [email protected], 410-516-8075; and - Inform the student that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to JHU’s education programs and activities.
The phrase “pregnancy or related conditions” means:
- Pregnancy, childbirth, termination of pregnancy, or lactation;
- Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
- Recovery from pregnancy, childbirth, termination of pregnancy, or lactation.
You can fulfill your mandatory obligation by sharing the above information and/or providing the student with the following link: https://oie.jhu.edu/important-information-for-students-who-are-pregnant-and-or-have-a-related-conditions/.