The following frequently asked questions and answers provide general information on the reporting, handling, and adjudication of complaints of sexual misconduct.  If you have any questions that are not addressed here, please contact the Johns Hopkins University Office of Institutional Equity (“OIE”) at oie@jhu.edutitleixcoordinator@jhu.edu, or 410-516-8075.

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General 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: titleixcoordinator@jhu.edu

2. What is the University’s policy on Sexual Misconduct?

The University is committed to maintaining an environment free from all forms of sexual misconduct. The University’s Sexual Misconduct Policy & Procedures (SMPP) sets forth prohibited conduct (including the definitions of Title IX Sexual Harassment, Other Sexual Misconduct, and related Retaliation), as well as procedures for handling reports. Definitions of all of the above prohibited conduct are contained in the Johns Hopkins University’s (JHU) Sexual Misconduct Policy and Procedures.

3. How does the University respond to reports of sexual misconduct and retaliation?

JHU encourages and has systems in place for all community members to safely come forward and report sexual misconduct and related retaliation. OIE is responsible for assessing and investigating sexual 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 misconduct or retaliation matter. OIE and the campus partners with which it works are committed to handling reports of sexual 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.

Filing a Report with OIE

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4. Where can I go to file a report of sexual misconduct?

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: titleixcoordinator@jhu.edu

Reports can also be made online by using the general Sexual Assault Response and Prevention Website Report Form.

Reports v. Formal Complaints: The University will respond to all reports of sexual misconduct. A Formal Complaint is a specific type of report that may result in the use of the Procedures for Title IX Sexual Harassment. If you want to file a Formal Complaint of Title IX Sexual Harassment, submit your written report describing the allegations and specifically requesting an investigation, and sign this written report. Please know that you can submit a report and then later decide to file a Formal Complaint. Formal Complaints can be submitted electronically (e-mail) or in hard copy. A Formal Complaint of Title IX Sexual Harassment can also be filed using the form here.

Anonymous Reports: There are several ways that you can file an anonymous report. You can file an anonymous report on OIE’s website. You can e-mail, call or make appointments with OIE without sharing your name or identifying information. There is also a general compliance hotline referred to as SPEAK2US that you can call 1-844-SPEAK2US (1-844-773-2528) and a website with more information about the hotline.

If you want to remain anonymous, you should not share your name or any information that would reveal who you are (such as using your JHU email address or another email address that contains your name). You can always decide to identify yourself later on if you would like.

Please note that Formal Complaints of Title IX Sexual Harassment cannot be filed anonymously.

5. How does OIE respond to anonymous reports?

The University is committed to providing a safe environment for all. Therefore, OIE will follow up to the greatest extent possible on all incidents of sexual misconduct raised, including anonymous reports. However, it may be difficult to do so— and particularly to conduct an investigation— without knowing the name(s) of the affected individual(s) or, if known, without the participation of the affected individual(s). If OIE does know the name of the individual(s) who may have been subject to sexual misconduct, OIE will attempt to contact that individual before deciding how to proceed.

6. Will the University inform my parents of a sexual 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 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 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.

7. If I file a sexual misconduct complaint 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.

8. Can I talk with OIE about making a report?

Yes. Students, staff and faculty who have experienced or know of sexual misconduct are encouraged to reach out to OIE even if it is to just ask questions and learn more about different OIE processes and options for support before deciding whether to make a report. You can do so anonymously by phone, email or through OIE’s online form, as set forth above in FAQ #4. You can also share your name and contact information. Either way, and during any OIE conversation, you can ask questions but decline to share any specifics about your report.

9. What happens when a report of sexual misconduct is made to OIE?

Click here to find a flowchart that illustrates how Title IX Sexual Harassment matters are assessed and handled under the Sexual Misconduct Policy and Procedures.

Click here to find a flowchart that illustrates how matters that do not constitute Title IX Sexual Harassment are assessed for further action/handling under the Procedures for Other Sexual Misconduct or other appropriate university process. 

10. What safety measures and other interim measures are available to those involved in an OIE matter?

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 misconduct report, it will consider interim measures that help ensure a safe and secure environment. If an external decision maker supports OIE’s recommendation that the Sexual Misconduct Policy and Procedures was violated, more permanent accommodations and safety measures may be implemented as sanctions.

Interim measures and safety accommodations may include, but are not limited to:

  • Moving residences on-campus;
  • Adjusting work schedules;
  • Changing academic schedules;
  • Changing advisors;
  • 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;
  • Ban from campus;
  • Administrative leave for non-student employees;
  • Emergency removal as permitted by applicable law;
  • Suspension;
  • Issuing mutual “no contact” orders;
  • Assisting to obtain access to medical and/or mental health services;
  • Change in dining location;
  • 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.

Filing a Report with Law Enforcement

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11. 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 Sexual Misconduct Policy and Procedures. 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.

12. 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 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

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13. 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 are exempt from any Responsible Employee obligations under this Policy. (See FAQ #41 for more about Responsible Employees.)  Confidential Resources do not have to report sexual misconduct to the University. Confidential Resources include mental health providers and staff, healthcare providers and staff, pastoral counselors 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.

Confidential Resources designated by the University include:

  • the Sexual Assault Helpline;
  • the Associate Director of Student Well-being, Gender Violence Prevention;
  • Gender Violence Prevention, Education and Response Coordinators;
  • providers and staff at the Johns Hopkins Counseling Center;
  • the Johns Hopkins Student Assistance Program,
  • the Faculty and Staff Assistance Program (now Employee Assistance Program);
  • providers and staff at University Mental Health Services;
  • student health centers operated by the University, and
  • chaplains and staff at the Bunting Meyerhoff Interfaith and Community Center.

Confidential Resources serve in that role at all times regardless of setting or specific activity.

For a list of Confidential Resources, see Appendix B of the Sexual Misconduct Policy and Procedures. Confidential Resources are not Responsible Employees. All resources not specifically designated as Confidential Resources are considered non-confidential. If you have any question about whether you or someone else is a Confidential Resource, please contact the Title IX Coordinator or Office of Institutional Equity for clarification.

14. 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.

15. Where can I find non-JHU (external) confidential resources?

Click here to view non-JHU confidential resources.

16. 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 Sexual Misconduct Policy and Procedures.  

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. 

Requests for Confidentiality and/or Anonymity from OIE

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17. 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?

With the exception of any matter filed as a Formal Complaint, 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.

18. What happens if OIE cannot grant a Complainant’s request for confidentiality and/or request for no further action?

With the exception of any matter filed as a Formal Complaint, 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.

Procedures for Title IX Sexual Harassment

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19. Why are there separate procedures for handling Title IX Sexual Harassment and Other Sexual Misconduct?

On May 6, 2020, the United States Department of Education released revised regulations governing higher education institutions’ handling of sexual misconduct matters under Title IX of the Education Amendments of 1972. These regulations require additional processes for a subset of sexual misconduct called Title IX Sexual Harassment that occurs in the United States within a university program or activity, and where a formal complaint has been filed. In such cases, the regulations require some additional adjudication processes, such as a live hearing conducted by a trained panel, with cross-examination by hearing advisers. The Title IX adjudication process is set forth in full in the Procedures for Title IX Sexual Harassment (Appendix G).

If alleged sexual misconduct does not meet the definition of Title IX Sexual Harassment or does not satisfy other requirements – for example, if the sexual misconduct occurred abroad – the University will apply the Procedures for Other Sexual Misconduct (Appendix H). Both procedures utilize the preponderance of the evidence standard. OIE will determine which procedures apply once a report has been made.

20. What happens during an investigation and adjudication of a Formal Complaint under the Procedures for Title IX Sexual Harassment?

Investigation and adjudication of a Formal Complaint includes the following general steps:

  • OIE sends Notice of Allegations to both parties;
  • OIE conducts thorough, objective investigations where both parties have the opportunity to provide information and documents, including suggesting witnesses and questions for the other party;
  • Both parties have the right to review and respond to OIE’s evidence file;
  • OIE drafts an investigative report to summarize the relevant information gathered and make recommendations as to findings of fact and policy determinations;
  • Both parties have the right to review and respond in writing to the OIE investigative report;
  • The university will conduct a live hearing, which may be held virtually, with cross-examination, presided over by a trained determination panel in order to reach a decision about whether a policy violation(s) more likely than not occurred;
  • All parties must have a Hearing Advisor present at the live hearing, who may be an attorney. (If a party does not have a Hearing Advisor present at the hearing, the University must provide one to the party without fee or charge to conduct cross-examination on behalf of the party during the live hearing.);
  • After the determination panel has reached a decision, a detailed report is issued regarding the outcome and sanctions; and
  • Both parties have a limited opportunity to appeal to a trained appellate officer.

21. What types of support am I entitled to under the Procedures for Title IX Sexual Harassment?

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 hearing*, 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 held pursuant to this Policy, except where noted below for Title IX Sexual Harassment hearings.

During any meeting, hearing, or interview under these Procedures, 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.

The supporter(s) may not speak on the party’s behalf or otherwise participate, or address or question the investigator, resolution panel, or other parties or witnesses (except where noted below for Title IX Sexual Harassment hearings).

The supporter(s) may make written submissions on their party’s behalf.

*Hearing Advisors: In Title IX Sexual Harassment investigations, both the Complainant and Respondent are entitled to a Hearing Advisor in the event of a live hearing. If a party does not identify their own Hearing Advisor, the University will provide a Hearing Advisor to the party without fee or charge in the event of a live hearing. The Hearing Advisor may be, but is not required to be, an attorney. The Hearing Advisor also may be, but is not required to be, an individual whom a party has selected as a personal or legal supporter. During a live hearing, only one Hearing Advisor for each party may be present – no other supporter(s) may attend the hearing, whether virtual or in-person. For more information on the role of a Hearing Advisor – which includes conducting live questioning – please see Appendix G – Procedures for Title IX Sexual Misconduct.

22. May students retain an attorney to represent them in sexual misconduct matters?

Yes. Parties are always welcome to retain their own attorney. In addition, in Title IX Sexual Harassment 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 also serve as Supporters or Hearing Advisors as described above. The following MHEC website provides more information, including a list of participating attorneys.

23. Who will conduct a hearing and determine the outcome after a Title IX Sexual Harassment investigation?

A determination panel comprised of three trained members will adjudicate Title IX Sexual Harassment matters. For students, the determination panel will be comprised of 1 external legal professional and 2 university staff or faculty. For staff, the determination panel will be comprised of 1 external legal professional, 1 staff member, and 1 additional university staff or faculty member. For faculty, the determination panel will be comprised of 1 external legal professional, 1 faculty member, and 1 additional university staff or faculty member.

The determination panel will conduct any live hearing (with the external legal professional chairing the panel and making any determination regarding the appropriateness of evidence and/or cross-examination questions). After the hearing, the panel will issue its written decision, including any sanctions, if appropriate. Faculty matters will be referred to the divisional Dean’s Office for sanctioning pursuant to the applicable divisional faculty misconduct procedures.

24. What appeal rights do I have in Title IX Sexual Harassment matters?

As stated here in the Procedures for Title IX Sexual Harassment, both parties have limited appeal rights in connection with any dismissal of a Formal Complaint and in connection with a determination panel decision.

Appeals will be handled by the following individuals:
 

  • The Vice Provost for Student Affairs (or designee) in student Respondent matters;
  • The Vice President for Human Resources (or designee) in staff Respondent matters; and
  • The Dean of the Respondent’s division (or designee) in faculty Respondent matters.

25. What happens if I want to informally resolve a Title IX Sexual Harassment matter?

At any time prior to reaching a determination regarding a Formal Complaint of Title IX Sexual Harassment, the Title IX Coordinator or designee may facilitate an informal resolution process (such as mediation) that does not involve a full investigation and adjudication, if the following circumstances are met:

  • The parties each receive a written notice disclosing the allegations and the requirements of the informal resolution process;
  • The parties each provide voluntary, written consent to participating in the informal resolution process; and
  • The Formal Complaint does not allege that a University employee engaged in Title IX Sexual Harassment of a student.

If the parties agree to engage in the informal resolution process, either party may withdraw from that process at any time prior to agreeing to a resolution of the Formal Complaint. If either party decides to withdraw from informal resolution, the investigation and adjudication process for the Formal Complaint will resume.

If, through the informal resolution process, the parties agree to a resolution of the Formal Complaint, the parties’ agreement will be confirmed in writing, the Formal Complaint will be closed, and the parties may no longer resume the investigation and adjudication process on the same allegations.  However, an Informal Resolution does not prevent either party from reporting new allegations that were not part of a Formal Complaint that was informally resolved.

Procedures for Other Sexual Misconduct

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26. Why are there separate procedures for handling Title IX Sexual Harassment and Other Sexual Misconduct?

On May 6, 2020, the United States Department of Education released revised regulations governing higher education institutions’ handling of sexual misconduct matters under Title IX of the Education Amendments of 1972. These regulations require additional processes for a subset of sexual misconduct called Title IX Sexual Harassment that occurs in the United States within a university program or activity, and where a formal complaint has been filed. In such cases, the regulations require some additional adjudication processes, such as a live hearing conducted by a trained panel, with cross-examination by hearing advisers. The Title IX adjudication process is set forth in full in the Procedures for Title IX Sexual Harassment (Appendix G).

If alleged sexual misconduct does not meet the definition of Title IX Sexual Harassment or does not satisfy other requirements – for example, if the sexual misconduct occurred abroad – the University will apply the Procedures for Other Sexual Misconduct (Appendix H). Both procedures utilize the preponderance of the evidence standard. OIE will determine which procedures apply once a report has been made.

27. What is other sexual misconduct?

Other Sexual Misconduct includes conduct that does not meet the Title IX Sexual Harassment definition, such as non sex-based stalking and certain forms of sexual and gender-based harassment. These are defined in the SMPP as:

  • Non-Title IX Sexual Harassment;
  • Non-Title IX Sex-Based Harassment; and
  • Non-Title IX Stalking.

Other Sexual Misconduct also includes Title IX Sexual Harassment that does not meet the Title IX Sexual Harassment jurisdictional requirements (for example, any type of sexual assault, sexual harassment, relationship violence or stalking that occurs outside of a university program or activity or outside of the United States).

Click here for a link to the Sexual Misconduct Policy and Procedures definitions of the above conduct.

28. What are the investigation procedures for Other Sexual Misconduct?

Investigation and adjudication of a matter under the Procedures for Other Sexual Misconduct include the following general steps:

  • OIE sends Notice of Allegations to both parties;
  • OIE conducts thorough, objective investigations where both parties have the opportunity to provide information and documents, including suggesting witnesses and questions for the other party;
  • OIE drafts an investigative report to summarize the relevant information gathered and make recommendations as to findings of fact and policy determinations;
  • Both parties have an opportunity to review and comment in writing on the OIE investigative report; and
  • The OIE report is forwarded to the decision-maker along with any comments submitted by the parties.

For matters involving:

  • Student respondents, the OIE report is forwarded to Student Affairs for a resolution panel process;
  • Staff respondents, the OIE report is forwarded to divisional Human Resources and management; and
  • Faculty respondents, the OIE report is forwarded to the relevant Dean’s Office. 

After a decision has been reached, the decision-maker issues the outcome to both parties. Students have a limited opportunity to appeal to a trained appellate officer. Faculty and staff parties may have appeal rights as set forth in divisional and Human Resources policy, or when a student is the Complainant.

29. Do investigations of Other Sexual Misconduct result in a hearing?

For Other Sexual Misconduct matters involving a student Respondent, a hearing is possible but often does not occur.  The student Resolution Panel reviews OIE’s investigative report as well as any comments submitted by the parties and then may: 1) determine that the case can be decided without hearing from witnesses or receiving further evidence, 2) remand the case for further investigation or clarification of the investigative report, or 3) convene a hearing. If the resolution panel determines that a case can be decided without hearing from witnesses or receiving further evidence, both the Complainant and Respondent will nonetheless have the opportunity to make a statement to the resolution panel in person or in writing if they so choose.  If the Resolution Panel decides to convene a hearing, the general format for hearings is set forth in Appendix H – Procedures for Other Sexual Misconduct.

For Other Sexual Misconduct matters involving a staff Respondent, there are generally no hearings unless the matter involves bargaining unit employees and a hearing is required by the applicable Collective Bargaining Agreement.

For Other Sexual Misconduct matters involving a faculty Respondent, applicable faculty professional misconduct policies apply and determine the process.

30. What support options am I entitled to during any matter under the Procedures for Other Sexual Misconduct?

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 hearing, 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 held pursuant to this Policy;
  • Prior to participating in the investigation or resolution process, the supporter(s) shall be apprised of their rights, role, and process by the Title IX Coordinator, investigator, or other designee;
  • During any meeting, hearing, or interview under these Procedures, 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;
  • The supporter(s) may not speak on the party’s behalf or otherwise participate, or address or question the investigator, resolution panel, or other parties or witnesses; and
  • The supporter(s) may make written submissions of their party’s behalf.

31. Are there attorney options available to students in Other Sexual Misconduct matters?

Yes. Parties are always welcome to retain their own attorney.  In addition, in Other Sexual Misconduct 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.

32. What appeal rights do I have in Other Sexual Misconduct matters?

Matters involving student respondents:

In Other Sexual Misconduct matters involving a student Respondent, both parties have the right to appeal the resolution panel’s finding of responsibility and/or imposition of sanction(s) within seven calendar days from receipt of the resolution panel’s determination. An appeal will involve a review of the file, including the investigative report, recording or transcript of the hearing, and decision of the resolution panel; the appeal does not involve another hearing, or meetings with the Complainant or Respondent. The grounds for appeal are:

  • A procedural error that could have affected the determination or sanction(s);
  • New information that was not available at the time of the investigation or hearing and that could reasonably have affected the determination or sanction(s); and
  • Excessiveness or insufficiency of the sanction(s).

Matters involving staff and faculty respondents:

In staff or faculty respondent cases that do not involve a student, appeal rights (if any) are determined by applicable divisional or unit procedures. If there is a right to appeal, it will be available equally to the Complainant and Respondent.

33. What happens if I want to informally resolve a matter of Other Sexual Misconduct?

If both parties agree, certain Other Sexual Misconduct matters may be resolved informally. Cases involving allegations of sexual assault or sexual coercion, however, are not suitable for informal resolution. Informal resolution may also be unavailable if the Title IX Coordinator determines that it is inappropriate based on the facts and circumstances of the particular case.  All informal resolutions will be conducted or overseen by the Title IX Coordinator or a trained designee, and a party will not be asked or required to resolve a matter directly with the other party.

Even if the parties express interest in informal resolution of the report, either party may withdraw their agreement to proceed informally at any time before a final resolution agreement is reached.  If both parties are satisfied with a proposed informal resolution and the Title IX Coordinator believes the resolution satisfies the University’s obligation to provide a safe and non-discriminatory environment, the resolution will be implemented and the informal resolution process will be concluded. If informal resolution efforts are unsuccessful, the formal resolution process will continue.

If a matter is resolved through informal resolution, the parties will receive a written notice of the outcome memorializing the terms of the informal resolution.

Timing of Alleged Conduct

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34. Is there a time limit for a Complainant to make a report of sexual 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 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.

Please also note that the ability to proceed with a Formal Complaint alleging Title IX Sexual Harassment may be impacted if a Complainant or Respondent is not participating or trying to participate in a University program or activity when the Formal Complaint is filed.

35. If the Sexual Misconduct Policy and Procedures changes between the time that an alleged event occurs and the time the conduct is reported, what policy and procedures apply at the time the sexual misconduct is reported?

Matters reported to OIE that concern allegations of sexual misconduct that allegedly occurred on or after August 14, 2020 will be handled under the policy in place at the time of the alleged misconduct and the procedures in place at the time the report is made to OIE.  For any matters reported to OIE prior to August 14, 2020, or that concern allegations of sexual misconduct that allegedly occurred prior to August 14, 2020, OIE will apply the policy definitions that were in effect at the time of the alleged conduct and the current Procedures for Other Sexual Misconduct.

The Role of Alcohol and Other Drugs

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36. 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.

37. 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 a sexual assault case 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?

38. 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 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 #37 above.

39. 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.5 for more information about the amnesty provision included in the Sexual Misconduct Policy and Procedures.

Reporting incidents of sexual misconduct is vital to maintaining a campus climate free of harassment and sexual violence. Therefore, students who report potential violations of the Sexual Misconduct Policy and Procedures will generally not be charged with a violation of the Student Conduct Code. The same applies to the personal use of drugs. This also applies to witnesses who participate in the resolution of a complaint. However, students may be charged with a policy violation(s) if the use of alcohol or drugs endangered another individual or placed the other individual’s health or safety at risk.

Responsible Employees

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40. What is a responsible employee?

University employees designated as “responsible employees” have an obligation to report any information about possible discrimination, harassment and sexual misconduct to OIE. They must promptly report all known relevant information, including but not limited to: (1) the name of the Complainant, Respondent, and any witnesses; (2) the date, time, and location of the misconduct; and (3) any other pertinent facts. OIE will then determine next steps.

Please note that no employee is authorized to investigate or resolve reports or complaints of this nature without express direction from OIE.

41. Who is considered a responsible employee?

“Responsible Employee” is a designation given to certain University employees who have a duty to report sexual 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 misconduct, have the duty to report sexual misconduct to the Title IX Coordinator, or are employees whom 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, department heads and chairs, directors, deans, student affairs staff, Office of Institutional Equity staff, faculty, Human Resources personnel, campus security officers, resident advisors, and athletic coaches.

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. 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.

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 sexual misconduct is protected by applicable patient privacy laws.

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.

42. 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 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 misconduct that it knows about. As stated above, designated responsible employees must convey any report they learn of to OIE.

However (and with the exception of a Formal Complaint), once 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.

Retaliation

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43. 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 Sexual Misconduct Policy and Procedures (SMPP);
  • participated 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 discrimination or harassment; or
  • exercised any right or responsibility under this Policy or these Procedures.

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 can occur through online communications and activities such as social media.

44. 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 inquires about their specific fears and then works with the parties and relevant individuals to implement solutions.

More Information about OIE & Sexual Misconduct at JHU

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45. 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 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 in the following documents:

46. 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: 

  1. Open communication during sexual and intimate activities;
  2. Recognition of verbal and non-verbal consent and non-consent cues; and 
  3. Maintaining consent throughout a sexual or intimate experience. 

For more information about consent, please visit:  https://studentaffairs.jhu.edu/chew/gender-violence-prevention/consent/.