SMPP FAQs

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]

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Click here to view non-JHU confidential resources.

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. 

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.

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.

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.

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 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.

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.

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.

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://wellbeing.jhu.edu/blog/2021/10/15/i-ask-i-listen-i-respect/.

“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, 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.

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.