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  • JHU's Sexual Misconduct Policy and Procedures

     

    The Johns Hopkins University Sexual Misconduct Policy and Procedures

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    Sections

    Section I:          Purpose and Scope

    Section II:         Prohibited Conduct

    Section III:        Definitions

    Section IV:        Reporting Sexual Misconduct

    Section V:         Obligations of University Employees

    Section VI:        Confidentiality and Confidential Resources

    Section VII:      Procedures for Investigation and Resolution of Sexual Misconduct Cases

    Section VIII:      Medical Treatment and Preservation of Evidence

    Section IX:         Education and Training

     

    Appendices

    Appendix A:     Campus Security and Local Law Enforcement

    Appendix B:     Confidential Resources

    Appendix C:     Student Affairs Offices

    Appendix D:     External Government Resources

    Appendix E:      On-Campus Medical and International Student Resources

    Appendix F:      Local Hospitals

    Quick links

    ·  Click here for information on how to report sexual misconduct to the University.

    ·  Click here for information on how to report sexual misconduct to law enforcement or government agencies.

    ·  Click here if you want to contact Campus Security and Local Law Enforcement

    ·  Click here if you want to contact Confidential Resources

    ·  Click here if you want to contact Student Affairs Offices

    ·  Click here if you want to contact External Government Resources

    ·  Click here if you want to contact On-Campus Medical and International Student Resources

    ·  Click here if you want to contact a Local Hospital

    ·  Click here if you want to learn more about JHU’s Timely Warning Policy

    ·  Click here to access the University’s Annual Security & Fire Safety Report

    Section I

    Purpose and Scope

    The Johns Hopkins University is committed to providing a safe and non-discriminatory educational and working environment for its students, trainees, faculty, staff, post-doctoral fellows, residents, and other members of the University community. In particular, the University will not tolerate and is committed to providing members of its community with an environment that is free from sexual harassment, sexual assault, relationship violence, and stalking (collectively, “sexual misconduct”). This conduct is disruptive of the learning and working environment of the University’s community and deprives students, employees and other community members of equal access to the University’s programs and activities.  To that end, the University embraces its responsibility to increase awareness of sexual misconduct, prevent its occurrence, support victims, deal fairly and firmly with offenders, diligently investigate complaints of such misconduct and retaliation, and comply with Title IX of the Higher Education Amendments of 1972 (“Title IX”) and the Campus SaVE Act.  The Johns Hopkins University Sexual Misconduct Policy and Procedures (the “Policy” and these “Procedures”) implement the University’s commitment to investigate and resolve cases involving sexual misconduct and retaliation promptly, fairly, equitably, impartially, and in compliance with law. 

    This Policy and these Procedures apply to all members of the University community, including, but not limited to, students, trainees, faculty, staff, post-doctoral fellows, and residents, and cover prohibited conduct that: occurs on campus or other University property; occurs in connection with University programs or activities, whether on or off-campus, including academic, educational, extracurricular, athletic and other programs and activities; or, otherwise affects the University community.  In certain instances, this Policy and these Procedures apply to third parties (e.g., visitors; volunteers; vendors and contractors while on University property, participating in a University sponsored activity, or providing or receiving services to the University; applicants for admission to or employment with the University; and former affiliates of the University). This Policy and these Procedures apply equally regardless of an individual’s sex, gender, marital status, pregnancy, race, color, ethnicity, national origin, age, disability, religion, sexual orientation, gender identity or expression, veteran status or other legally protected characteristic.  All academic and administrative units of the University (including all schools, divisions, campuses, departments and centers) must comply with, and ensure that their policies and procedures comply with, this Policy and these Procedures.  To the extent there is any inconsistency between unit policies and procedures and this Policy and these Procedures, this Policy and these Procedures control.

    Fundamental to the University’s purpose is the free and open exchange of ideas. It is not, therefore, the University’s purpose in promulgating this Policy to inhibit free speech or the free communication of ideas by members of the academic community. 

    The University may amend this Policy and these Procedures from time to time.  Further, the Title IX Coordinator, with the approval of the General Counsel, may from time to time make revisions and updates to this Policy and these Procedures to comply with applicable laws, regulations and governmental guidance and any amendments thereto. Nothing in this Policy and these Procedures shall affect the inherent authority of the University to take such actions as it deems appropriate to further the educational mission of the University or to protect the safety and security of the University community. 

    Questions regarding this Policy and these Procedures and any questions concerning Title IX should be referred to the University’s Title IX Coordinator:

     

    Assistant Vice Provost and Title IX Coordinator
    Joy Gaslevic
    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

    Section II

    Prohibited Conduct

    The University prohibits sexual misconduct, which, as defined below, includes sexual harassment, sexual assault, relationship violence, and stalking.  The University further prohibits any form of retaliation, intimidation, threats, coercion, or discrimination or attempts thereof, whether direct or indirect, by any officer, employee, faculty, student, trainee, post-doctoral fellow, resident or agent of the University against a person who makes a complaint or report of sexual misconduct or participates in any way in the investigation or resolution of such a complaint or report, or who exercises his or her rights or responsibilities under the Policy, these Procedures or the law. 

    Thus, sexual misconduct and retaliation are violations of this Policy, and these Procedures apply to the investigation and resolution of reports and complaints of each of these violations.  Any person with a concern or complaint about a violation of this Policy is urged to contact the Title IX Coordinator.  Each member of the community is responsible for fostering mutual respect, for being familiar with this Policy, and for refraining from conduct that violates this Policy. 

    The University prohibits filing complaints or reports of sexual misconduct or retaliation that the complainant knows to be false.

    Engaging in conduct prohibited by this Policy may result in disciplinary action.

    Section III

    Definitions

    Anonymous Complaints:  Complaints of sexual misconduct filed with the Title IX Coordinator may be filed anonymously, meaning that the complainant files the complaint or report without identifying him- or herself. Anonymous reporters are encouraged to speak with the Title IX Coordinator or an investigator so as to understand the potential limitations for an investigation being conducted based on an anonymous report.

    Complainant:  The term “complainant” refers to the alleged victim of sexual misconduct, whether reported by the alleged victim or a third party.

    Confidential Resources:  “Confidential Resources” include licensed mental health counselors, pastoral counselors, social workers, psychologists, psychiatrists 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 are thus only exempt from reporting requirements when acting in their professional capacity that is considered confidential (for example, communications between a licensed psychologist and a client in a counseling capacity is confidential as opposed to communications during instruction by a licensed psychologist in a classroom setting or when conducting training for students on sexual misconduct awareness and prevention).  Confidential Resources include counselors at the Johns Hopkins Counseling Center, the Johns Hopkins Student Assistance Program, the Faculty and Staff Assistance Program, the University’s Staff Psychologist - Sexual Assault Specialist (victim’s advocate), chaplains at the Bunting Meyerhoff Interfaith and Community Center, and psychiatrists at University Mental Health Services when acting in their professional capacity.  Confidential Resources also include student health centers operated by the University, who have a professional practice of maintaining confidentiality with respect to patient communications.  For a list of Confidential Resources, see Appendix B.  Confidential Resources are not Responsible Employees (defined below).  All other resources are considered non-confidential.

    Consent: Sexual activity of any kind requires “consent,” which consists of the following: 

    ·           Consent means clear and voluntary agreement between participants to engage in the specific act.

    ·           Consent requires a clear “yes,” verbal or otherwise; it cannot be inferred from the absence of a “no.” 

    ·           Consent cannot be obtained from someone who is unconscious, asleep, physically helpless, or incapacitated (including, but not limited to, mentally incapacitated). A person is incapacitated when she or he is unable to make a rational decision because the person lacks the ability to understand his or her decision. A person who is incapacitated is unable to consent to sexual activity. A person can become incapacitated as a result of physical or mental disability, involuntary physical constraint, being asleep or unconscious, or consumption of alcohol or other drugs. A person can consume alcohol and/or drugs without becoming incapacitated. 

    ·           Consent cannot be obtained by pressure, threats, coercion or force of any kind, whether mental or physical. Consent means actually agreeing to the specific sexual activity, rather than merely submitting as a result of pressure, threats, coercion or force of any kind, whether mental or physical.

    ·           Consent cannot be obtained from an individual who is under the legal age of consent.

    ·           Consent must be ongoing throughout a sexual encounter and can be revoked at any time.

    ·           Consent to some sexual acts does not necessarily imply consent to others.

    ·           Past consent does not necessarily imply ongoing or future consent.

    ·           Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.

    Dating Violence:[1]  The term “dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of:  the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.  Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse, but excludes acts covered under domestic violence.

    Domestic Violence:[2]   The term “domestic violence” means violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or by any other person against an adult or youth victim who is protected from the person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.  Domestic violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.  

    Discrimination: The term “discrimination” means treating a member of the community unfavorably because that person is a member of a protected class. The University prohibits discrimination on the basis of: race, color, national origin, ethnicity, age, disability, religion, sex, gender, pregnancy, veteran status, marital status, sexual orientation, gender identity or expression, and genetic information.

    Hostile Environment:  A “hostile environment” results from unwelcome conduct that is sufficiently severe, pervasive, or persistent that it interferes with or limits the ability of a member of the community to participate in or to receive benefits, services, or opportunities from the University’s programs or activities. The environment can be the result of acts committed by any individual or individuals, including any member of the University community.

    Interim Measures The term “interim measures” means reasonably available and feasible measures, accommodations, or steps the University may take following an incident or while a matter under these Procedures is pending to assist, support or protect the complainant, respondent or another person and/or to protect the integrity of the investigation and resolution process.  For examples of interim measures, see Section VII below. 

    Preponderance of the Evidence:  A “preponderance of the evidence” means that the respondent more likely than not engaged in the conduct at issue in light of the evidentiary record.

    Respondent: The term “respondent” refers to the person alleged to have committed sexual misconduct.

    Responsible Employee: A “Responsible Employee” is any University employee who has the authority to redress sexual misconduct, has the duty to report sexual misconduct to the Title IX Coordinator, or whom a student reasonably believes has such authority or duty.  Responsible Employees include academic administrators, academic advisors, supervisors, department heads and chairs, directors, deans, student affairs 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.

    Relationship Violence: The term “relationship violence” means dating violence and domestic violence.                                       

    Retaliation: The term “retaliation” means intimidating, threatening, coercing, or in any way discriminating against an individual because the individual made a report or complaint of sexual misconduct or participated in any way in the investigation or resolution of such a report or complaint, or exercised any right or responsibility under the Policy, these Procedures or the law. 

    Examples of retaliation include, but are not limited to, the following:  a professor issues a student a lower grade because the student appeared as a witness in a proceeding under these Procedures; a supervisor denies a request to attend a conference by a staff member who claimed that she was sexually harassed by the supervisor; and a department chair removes a post-doctoral fellow from his lab after learning that the post-doctoral fellow testified at a sexual misconduct hearing concerning the faculty member in charge of the lab.

    Sexual Assault: The term “sexual assault” includes, but is not limited to:   

    ·      Nonconsensual Sexual Intercourse or Rape, which is any act of sexual intercourse with another individual against a person’s will or without consent, where sexual intercourse includes vaginal or anal penetration, however slight, with any body part or object, or oral penetration involving mouth to genital contact.

    ·      Nonconsensual Sexual Contact, includes:  fondling, which is any intentional touching of the intimate parts of another person or causing another to touch one’s intimate parts against a person’s will or without consent, where intimate parts may include genitalia, groin, breast, or buttocks, or clothing covering them, or any other body part that is touched in a sexual manner; disrobing or exposure of another against a person’s will or without consent; other sexual acts or sexual contact against a person’s will or without consent; sexual battery; sexual coercion; and attempted non-consensual sexual intercourse. 

    ·       Incest, which is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

    ·       Statutory Rape, which is sexual intercourse with a person who is under the statutory age of consent.

    Resistance of any form need not occur to fulfill the definition of sexual assault.

    Sexual Harassment: The term “sexual harassment,” whether between people of different sexes or the same sex, includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, sexual assault and other verbal or physical conduct of a sexual nature when:

    ·       submission to such conduct is implicitly or explicitly a term or condition of an individual’s employment or participation in an educational program;

    ·       submission to or rejection of such conduct by an individual is used as the basis for personnel decisions or for academic evaluation or advancement; or

    ·       such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creates an intimidating, hostile or offensive working or educational environment.

    Examples of conduct that may, depending on the facts and circumstances, constitute sexual harassment include, but are not limited to: making comments about someone’s appearance in a sexually suggestive way; staring at someone or making obscene gestures or noises; repeatedly asking someone on a date; stalking (including cyber stalking); “flashing” or exposing body parts; spreading sexual rumors; rating peers or colleagues with respect to sexual performance; non-consensual observation, photographing, or recording of sexual activity or nudity; non-consensual distribution or dissemination of photographs or recordings of sexual activity or nudity, including distribution or dissemination of photographs or recordings that were made consensually; allowing a third party to observe sexual activity without the consent of all parties; and prostituting or trafficking another person.

    Sexual Misconduct: The term “sexual misconduct” includes sexual harassment, sexual assault, relationship violence, and stalking.

    Stalking:[3]  The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others, or suffer substantial emotional distress.  For purposes of this definition, course of conduct means two or more acts, including, but not limited to, acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates with another person, or interferes with that person’s property.

    Section IV

    Reporting Sexual Misconduct

    Reporting to the University: Complaints of sexual misconduct and retaliation may be brought to the Title IX Coordinator, Joy Gaslevic:

    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

    Sexual Assault Response and Prevention Website Complaint Form

    http://sexualassault.jhu.edu/file-complaint/complaint- form.html

    Anonymous Complaints

    Complaints may be made anonymously using any of the reporting options above.

    Reporting to Law Enforcement: 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. Campus security or the Title IX Coordinator can also provide assistance with contacting local law enforcement.

    Speaking with Confidential Resources:  If a complainant does not wish to make a report or complaint to the University, the complainant may contact a Confidential Resource, which includes the JHU Sexual Assault Helpline (students may talk with an on-call counselor 24/7, Telephone: (410) 516-7333). See Appendix B for a list of other Confidential Resources.

    a.              The Office of Institutional Equity and the Title IX Coordinator

    The University’s Office of Institutional Equity (“OIE”) is tasked with receiving and handling complaints of sexual misconduct. OIE is a neutral resource available to all students.

    The Vice Provost for Institutional Equity (the “Vice Provost”) is responsible for OIE and is the University’s senior equal opportunity official. 

    The University’s Title IX Coordinator works within OIE and coordinates the University’s efforts to comply with federal laws governing sexual misconduct, including Title IX; oversees related policies and procedures; explains the operation of the complaint resolution process; ensures that the University responds appropriately to complaints of sexual misconduct and retaliation; coordinates training related to Title IX; and provides or oversees the provision of information to members of the University community, including the complainant and the respondent, concerning Title IX and this Policy and these Procedures, the availability of confidential and other resources, interim measures, and how to file a complaint with law enforcement authorities.

    The Title IX Coordinator also coordinates, oversees, or conducts the investigation of sexual misconduct and retaliation complaints. No employee or student is authorized to investigate or resolve such complaints without the express direction of the Title IX Coordinator. If an employee or student is unsure whether the conduct at issue involves sexual misconduct, he or she should contact the Title IX Coordinator.

    b.              Complaints of Sexual Misconduct

    The University encourages students, faculty, staff, and other members of the community to report sexual misconduct, and to do so as promptly as possible, so that the University can respond effectively. Individuals are encouraged to file complaints of sexual misconduct directly with the Title IX Coordinator. Anyone may meet with the Title IX Coordinator or a designee to learn more about the process before making a complaint.  Note, Responsible Employees (discussed below) who receive reports or otherwise become aware of sexual misconduct are required to promptly report this misconduct to the Title IX Coordinator.

    A complainant may ask the Title IX Coordinator not to conduct an investigation. The University respects the autonomy of complainants and will provide complainants with the information and support they need to make a determination about whether they would like an investigation to be conducted. If a complainant requests that no investigation be conducted, the Title IX Coordinator will independently determine whether to investigate the allegations, weighing the complainant’s interest in confidentiality against any risk that not investigating the incident may contribute to a hostile environment or pose a threat to the safety and security of the University community.

    Complaints of sexual misconduct may be filed anonymously, meaning that the individual files the complaint without identifying him- or herself. Anonymous reporters are encouraged to speak with the Title IX Coordinator or an investigator so as to understand the potential limitations of an investigation being conducted based on an anonymous report.

    Because sexual misconduct often involves behaviors or interactions that are not witnessed by third parties, complaints cannot always be corroborated by additional evidence. The lack of such evidence should not dissuade a complainant from reporting sexual misconduct.

    If a complainant is under the age of 18 (i.e., a minor), the complainant’s parent or legal guardian will be informed of any report of sexual misconduct made by or on behalf of the complainant. 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. As appropriate, the parent or legal guardian will also be informed of the status of any investigation or resolution of the matter. Matters involving minors will also be addressed pursuant to the University’s Policy on the Safety of Children in University Programs, which can be found at https://www.jhu.edu/assets/uploads/2014/09/child_safety.pdf, as well as applicable law.

    When a third party (e.g., a faculty member, resident advisor, friend, or roommate) reports a sexual misconduct incident, the Title IX Coordinator or a designee will promptly notify the complainant that a report has been received, and these Procedures will apply in the same manner as if the complainant had made the initial report.

    Upon receiving a complaint of sexual misconduct, whether from a third party or directly from the complainant, the Title IX Coordinator or a designee will discuss available options, interim measures and on- and off-campus resources with the complainant.

    If a respondent is not a member of the University community or the respondent’s identity is not known, the University will still make efforts to investigate the alleged misconduct, prevent its recurrence, and address its effects. The Title IX Coordinator or designee will also assist complainants in identifying appropriate campus and external resources.

    The University does not limit the time for submitting a report of sexual misconduct and encourages all complaints irrespective of when the underlying incident occurred. The University’s ability to investigate and respond effectively may be reduced with the passage of time.

    c.              Notice of Rights

    Upon receiving a complaint of sexual assault, stalking, or relationship violence, the University will provide the complainant with a written explanation of his or her rights and options and the resources available to assist the complainant.

    d.             Maintenance and Privacy of Records

    The University will maintain a confidential record of all complaints of sexual misconduct  and related evidence, documents, records, and information pertaining to the investigation and resolution of the complaints.  These records will be maintained in accordance with applicable policies, procedures and legal requirements. This information will be used by the Title IX Coordinator to help determine whether multiple complaints have been made against the same individual and to document the incidence of sexual misconduct in the University community. Records may be subpoenaed by law enforcement authorities as part of a parallel investigation into the same conduct, or required to be produced through other compulsory legal process.  A student’s education records are subject to the Family Educational Rights and Privacy Act (“FERPA”), which with certain exceptions limits disclosure of information in such records without the student’s consent.

    e.              Amnesty Provisions

    Sometimes individuals may be reluctant to report instances of sexual misconduct because they fear being charged with violations of other University policies, including those regarding alcohol or drugs. The University encourages students to report all instances of sexual misconduct. The University will not impose disciplinary action, except for a mandatory intervention for substance abuse, for a violation of student alcohol or drug policies for a student who reports to the University or law enforcement an incidence of sexual misconduct or who participates in an investigation of sexual misconduct as a witness if:  (1) the University determines the violation occurred during or near the time of the alleged sexual misconduct; (2) the student is determined to have made the report of sexual 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.

    f.              Reporting to Law Enforcement or Government Agencies

    Depending on the facts and circumstances, sexual misconduct may involve criminal activity.  The University encourages students, faculty, staff and other members of its community to report any potential criminal conduct to law enforcement authorities, and the University may do so on its own initiative.

    The University has campus security officers who are specially trained to work with individuals reporting sexual misconduct. Upon request, Campus Safety and Security or the Title IX Coordinator will provide assistance to an individual wishing to contact law enforcement, including those seeking to obtain orders of protection, civil no-contact orders, restraining orders, or similar orders issued by a criminal or civil court. The University will notify complainants of the availability of this assistance. Contact information for Campus Safety and Security and local law enforcement is available at Appendix A.

    Reporting an incident to law enforcement authorities does not preclude filing a complaint with the University. Individuals may file complaints of sexual misconduct under this Policy before or after reporting an incident to law enforcement, or if no report is made to law enforcement at all. Whether or not an incident results in a criminal investigation, prosecution or conviction, the University will decide pursuant to these Procedures whether the respondent has violated the Policy and, if so, what sanctions to impose.

    The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”) requires the University to record and report certain information about certain crimes (including certain sexual misconduct incidents) that occur on or near campus. Certain University employees who receive reports of sexual misconduct are required by the Clery Act to notify Campus Safety and Security about such incidents for statistical reporting purposes. The University reports crimes as required by the Clery Act in its Campus Crime Blotter, Clery Crime Log, and Annual Security and Fire Safety Report available online on the Campus Safety and Security website at http://pages.jh.edu/security/campus_crime.html. The Clery Act also requires the University to issue a “timely warning” when it receives a report of certain crimes that pose a serious or continuing threat to the safety of the campus community. Campus Safety and Security will issue timely warnings in accordance with the University’s Timely Warning Policy, available at https://www.jhu.edu/assets/uploads/2015/05/TimelyWarningPolicy.pdf.  Personally identifiable information about complainants will not be included in any timely warning or security notification, or in any publicly available record-keeping, including the disclosure of crime statistics in the Annual Security and Fire Safety Report.

    h.               Other Reporting Options

    Inquiries or complaints concerning the application of Title IX or the University’s handling of sexual misconduct complaints may be referred to the Department of Education’s Office for Civil Rights:

    U.S. Department of Education Office for Civil Rights Philadelphia Office
    The Wanamaker Building
    100 Penn Square East, Suite 515 Philadelphia, PA 19107
    (215) 656-8541

    For information on how to file a complaint, please see http://www2.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt

    Section V

    Obligations of University Employees

    All Responsible Employees who receive reports or otherwise become aware of sexual misconduct are required to promptly report such misconduct to the Title IX Coordinator.

    Responsible Employees are University employees who have the authority to redress sexual misconduct, have the duty to report sexual misconduct to the Title IX Coordinator, or whom a student reasonably believes haves such authority or duty. Responsible Employees include academic administrators, academic advisors, supervisors, department heads and chairs, directors, deans, student affairs staff, faculty, human resources personnel, campus security officers, resident advisors, and athletic coaches. Responsible Employees must report all known relevant information to the Title IX Coordinator, including the names of the complainant, respondent, and any witnesses and any other relevant facts, including the date, time, and location of the misconduct.

    Confidential Resources discussed in the section immediately below are exempt from the above reporting requirement when acting in their professional capacity (e.g., communications between a licensed psychologist and a client in a counseling capacity is confidential as opposed to communications during instruction by the licensed psychologist in a classroom setting or conducting training for students on sexual misconduct awareness and prevention.).

    All University personnel, including Responsible Employees and Confidential Resources, are charged with protecting and respecting the privacy of complainants, respondents and any witnesses to the greatest extent possible. Information about sexual misconduct should be shared only with those who have a need to know such information. University personnel must participate in periodic training on issues of sexual misconduct.

    No employee is authorized to investigate or resolve sexual misconduct reports or complaints without the express direction of the Title IX Coordinator.

    Section VI     

    Confidentiality and Confidential Resources

    A complainant may request confidentiality, for example that the complainant’s identity not be disclosed to anyone else, including the respondent, or that information about the incident not be shared with others. The Title IX Coordinator will consider any requests for confidentiality or requests that an investigation not be pursued in light of the University’s commitment to provide a safe and non-discriminatory environment for all students.[4] For example, if the Title IX Coordinator concludes that the allegations about the respondent suggest a threat to the community, the request for confidentiality may not be granted.  If the University honors a request for confidentiality, the University’s ability to investigate and respond to the reported misconduct and pursue disciplinary action against the respondent may be limited. The University will however take all reasonable steps to investigate and respond to the complaint consistent with a request that has been honored. If the Title IX Coordinator determines that the University will not honor a complainant’s request for confidentiality, the Title IX Coordinator or a designee will inform the complainant prior to starting an investigation.  In all circumstances, the University will make appropriate interim measures available, provide access to resources, and take such other actions as necessary and appropriate to protect the safety and security of the University community.

    If an individual desires to keep the details of any sexual misconduct confidential, the individual may speak to a Confidential Resource, i.e., individuals who have a legal obligation to keep communications confidential when acting in their professional capacity.  Confidential Resources include counselors at the Johns Hopkins Counseling Center, the Johns Hopkins Student Assistance Program, the Faculty and Staff Assistance Program, the University Staff Psychologist - Sexual Assault Specialist (victim’s advocate), chaplains at the Bunting Meyerhoff Interfaith and Community Center, psychiatrists at University Mental Health Services, and any other employees who have a legal obligation to protect confidentiality when acting in their professional capacity, unless there is an imminent threat to health or safety, or other basis for disclosure pursuant to law.  Student health centers operated by the University also have a professional practice of maintaining confidentiality with respect to patient communications. Information shared with Confidential Resources (listed in Appendix B) does not constitute a report or complaint filed with the University for the purpose of instituting an investigation or resolution of a sexual misconduct complaint.

    Section VII

    Procedures for Investigation and Resolution of Sexual Misconduct Cases

    a.     Interim Measures

    The Title IX Coordinator will work with all affected persons to ensure their safety and promote their well-being. This assistance may include the provision of interim measures following an incident or while a matter under these Procedures is pending to assist, support or protect an individual and/or to protect the integrity of an investigation or resolution process. Both complainants and respondents will have equal access to appropriate and reasonably available and feasible interim measures.

    Upon receipt of a complaint or report, the Title IX Coordinator or a designee will provide written notice to the complainant of the interim measures that may be available and feasible.   Similar notice will be provided to the respondent upon the initiation of an investigation. Interim measures are afforded whether or not the complainant reports the matter to Campus Safety and Security or law enforcement, or files a complaint with the University.

    Interim measures will be implemented by the student affairs office or other appropriate authority at the individual’s school, division, campus, department, or center, under the direction of the Title IX Coordinator. Student affairs personnel or other appropriate authorities, in conjunction with the Title IX Coordinator, will communicate with other University personnel to ensure that they make appropriate interim measures available. The University will maintain as confidential any interim measures to the extent that maintaining such confidentiality would not impair the ability of the University to provide the measures.

    Interim measures may include, but are not limited to:

    ·       Moving residences;

    ·       Adjusting work schedules;

    ·       Changing academic schedules;

    ·       Parking accommodations;

    ·       Rescheduling examinations;

    ·       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;

    ·       Suspension; and

    ·       Issuing “no contact” orders.

    Violations of no contact orders and failures to comply with other interim measures may result in disciplinary consequences pursuant to applicable procedures.

    b.     Investigations of Sexual Misconduct Cases

    Except as specifically noted herein, these Procedures apply to any complaint or report of sexual misconduct across the University, regardless of the status of the respondent.

                              i.         Investigative Process

    When the Title IX Coordinator receives a complaint or report of sexual misconduct, the Title IX Coordinator determines whether to initiate an investigation. In some cases, the Title IX Coordinator may need to engage in limited fact-gathering to make a preliminary determination whether a complaint should be investigated. The determination as to whether to initiate an investigation will take into account whether the alleged conduct violates the Policy, as well as any requests by the complainant for the matter not to be investigated or for confidentiality, as discussed above.

    If the Title IX Coordinator decides not to conduct an investigation or to conduct a limited investigation, the Title IX Coordinator will memorialize that decision in a written statement of reasons and will notify the complainant of that determination. If an investigation is opened, the Title IX Coordinator or a designee will notify the complainant and respondent simultaneously in writing of the alleged violation(s) being investigated, and provide the complainant and respondent, respectively, with a written explanation of their rights and options during the resolution process, including the availability of interim measures and support services. The Title IX Coordinator or designee will also ensure that both the complainant and respondent are updated appropriately and equally throughout the investigative process, including with timely notices of scheduled meetings or hearings. The complainant and/or respondent may decline to participate in the investigation or resolution process.  The University may continue the process without the complainant’s and/or respondent’s participation.

    If the facts surrounding a report of sexual misconduct also involve other alleged violations of University policy, including, but not limited to, student codes of conduct, the Title IX Coordinator or a designee may also investigate such other alleged violations.

                            ii.         Informal Resolution

    If the complainant and respondent agree, certain cases may be resolved informally, including, in appropriate cases, through mediation. Cases involving allegations of sexual assault are not suitable for mediation. 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 designee, and under no circumstances will a complainant be directed to resolve a matter directly with the respondent.

    Either the complainant or the respondent may withdraw his or her agreement to proceed informally at any time.  If both parties are satisfied with a proposed informal resolution and the Title IX Coordinator considers the resolution to satisfy 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 resolution process will continue.

    The complainant and respondent will each have equal and timely opportunity to review any information that will be used by the University in meetings and hearings associated with the informal resolution process, consistent with FERPA and to protect other confidential and privileged information.

                           iii.         Conflict of Interest Policy

    All persons participating in the investigation or resolution (including hearing, sanctioning and appeals) of sexual misconduct cases should disclose any potential or actual conflict of interest to the Title IX Coordinator. The Title IX Coordinator is responsible for sharing relevant information with the complainant and respondent. If either party believes that any person involved in the process has a conflict of interest, he or she may make a request to the Title IX Coordinator that the individual not participate. Any such request should include a description of the alleged conflict. If the Title IX Coordinator determines that a disabling conflict of interest exists, the Title IX Coordinator will take steps to address the conflict in order to ensure an impartial process.

                           iv.          Supporters

    For complaints of sexual assault, relationship violence, and stalking regardless of whether the complainant or respondent is a student, or faculty or staff member, and for complaints of sexual misconduct in which the complainant or respondent is a student, the complainant and the respondent may be assisted and advised by a supporter of their choice, including legal counsel, or a parent or legal guardian, throughout the investigative and resolution process (including hearing, sanctioning and appeals). This supporter may accompany the party to any meeting or hearing held pursuant to this Policy. Prior to participating in in the investigation or resolution process, the supporter shall meet with the Title IX Coordinator or investigator to discuss the process.  During any meeting or proceeding under these Procedures, a supporter (whether or not legal counsel) may advise and provide support to the party but may not speak on the party’s behalf or otherwise participate, or address or question the investigator, resolution panel, or other parties or witnesses. The supporter may make written submission on the party’s behalf.  Upon request by either party, the Title IX Coordinator or a designee will provide contact information for legal services organizations that may be willing to provide such assistance.

    University personnel employed in the offices responsible for the disciplinary proceedings described in these Procedures, along with those in the chain of command above them, personnel employed by the Office of the General Counsel, and others whose participation could create a conflict of interest and/or reasonably call into question the impartiality of the University’s process are not eligible to serve as supporters. If there is a question or concern about a possible supporter, please consult with the Title IX Coordinator.

    Both the complainant and the respondent and any supporters will have access to a neutral staff member within the University to explain and answer any questions about the disciplinary process.

                     v.      Time Frame

    For complaints of sexual assault, relationship violence, and stalking regardless of whether the complainant or respondent is a student, or faculty or staff member, and for complaints of sexual misconduct in which the complainant or respondent is a student, the University will seek to resolve cases, not including any appeal, within 60 calendar days after an investigation commences. Typically, the investigation of a complaint takes up to 30 days and the resolution of a complaint (not including any appeal) takes an additional 30 days. The Title IX Coordinator may extend this time frame for good cause with written notice to the complainant and respondent of the delay and the reason for the delay. Good cause includes, but is not limited to the nature and scope of the allegations; the number of witnesses involved; the availability of the parties, witnesses, or evidence; evidence gathering in a concurrent law enforcement investigation; and the academic calendar (e.g., exam periods, breaks, etc.). The University will not delay its processes to await the conclusion of a concurrent criminal investigation beyond the evidence-gathering phase.  The University will provide the complainant and respondent with periodic updates on the status of the investigation.

                   vi.     Fact-Gathering Process

    During the first phase of its investigation, the University will gather facts related to the allegations of sexual misconduct. The Title IX Coordinator will designate one or more trained internal or external investigators to interview the complainant, respondent, and witnesses. The Title IX Coordinator may serve as an investigator. Investigators will also gather pertinent documents and other evidence identified by either party or that comes to their attention. 

    The investigators will follow the protocols set forth below:

    ·  Preservation of Evidence: The investigators will request that the complainant, respondent, witnesses, and other interested individuals preserve any relevant evidence, including documents, text messages, voice messages, e-mails, and postings on social media.

    ·  Romantic or Sexual History: The investigators will not solicit or consider information concerning the romantic or sexual history of either party other than information concerning the parties’ shared romantic or sexual history that the investigators deem relevant. The existence of a prior consensual romantic or sexual relationship between the complainant and respondent is not proof of consent to alleged sexual misconduct.

    ·  Prior Conduct Violations: The investigators will generally not consider evidence of any prior incident, but the investigators have discretion to consider evidence of any prior incident(s) that involved conduct substantially similar to the allegation(s) being investigated or demonstrates a common pattern of behavior.

    ·  Law Enforcement Investigations: If the University’s investigation is delayed during the evidence-gathering stage of a concurrent law enforcement investigation, the University’s investigation will resume promptly thereafter.

    At any time prior to or during an investigation, the respondent may accept responsibility for some or all of the alleged violations. The matter will then proceed to the sanctioning phase and any appeal of the sanctioning decision.  If the respondent only accepts responsibility for some of the alleged violations, the investigation shall continue if determined to be appropriate by the investigator with the approval of the Title IX Coordinator.

                  vii.                  Investigative Report

    Upon completion of the fact-gathering process, the investigators will prepare a report summarizing the interviews conducted and evidence reviewed.  The investigators will consider all relevant evidence. The report will include the investigators’ findings of fact, an assessment of the credibility of the parties and witnesses where appropriate, and a recommended determination as to whether the respondent is responsible for the alleged violation(s).

    The complainant and respondent will be notified in writing of their right to come to the Title IX Office to review the investigative report within five (5) business days of the date of notification. Complainant and respondent shall each have an opportunity to provide written comments within three (3) business days of review. When the investigative report is submitted to the parties, the names and identifying information of other students/individuals will be redacted to the extent required by FERPA and to protect other privileged and confidential information. The Title IX Coordinator or investigator will review the comments of the parties and may reopen the investigation and/or revise the investigative report, as appropriate. Once the Title IX Coordinator or investigator determines that an investigation is complete, the Title IX Coordinator or investigator will transmit the investigative report to the resolution panel or, in the case of faculty or staff respondents, the appropriate entity or administrator. 

    viii.   Training for Officials Conducting the Investigation and Hearings

    All officials conducting investigations and hearings under these Procedures shall, at a minimum, receive annual training on issues related to sexual misconduct and on how to conduct an investigation and hearing that protects the safety of victims and promotes accountability.

    c.     Resolution Procedures for all Sexual Misconduct Investigations

    Resolution, sanctions and appeals of sexual misconduct complaints in which the respondent is a staff member will be governed by the procedures in the University’s personnel policies, except as provided herein. Resolution, sanctions and appeals of sexual misconduct investigations in which the respondent is a member of the faculty, post-doctoral fellow, or resident will be processed by the office of the dean of the appropriate division according to the disciplinary procedures established by that division, except as provided herein.

    Notwithstanding the normal procedures in divisional or unit policies, for complaints of sexual assault, relationship violence, and stalking regardless of whether the complainant or respondent is a student, or faculty or staff member, and for complaints of sexual misconduct in which the complainant or respondent is a student, the following provisions apply:

    ·       Equal Rights.  All procedural rights will be afforded equally to respondents and complainants.

    ·       Testimony. If the applicable procedures allow one party to be present for the entirety of a hearing, both parties shall be provided this right equally. When requested, arrangements shall be made so that the complainant and the respondent are not present in the same room at the same time.

    ·       Review of Information. The complainant and respondent will each have equal and timely opportunity to review any information that will be used during informal and formal disciplinary meetings and hearings, consistent with FERPA and to protect other confidential and privileged information.

    ·       Questioning. If the applicable procedures include a hearing, only the resolution panel may ask questions of the parties and any witnesses. Both parties may propose questions of the other party and witnesses by submitting questions to the panel in writing at any time during the proceeding. The resolution panel is encouraged to include all relevant questions, but may, in its discretion, ask, alter or omit any or all submitted questions.

    ·       Romantic/Sexual History: In general, the resolution panel will not consider evidence concerning the romantic or sexual history of either party, except for evidence of the parties’ shared romantic or sexual history that the resolution panel deems relevant. If such evidence is offered by the complainant or respondent, the other may respond to it. The existence of a prior consensual romantic or sexual relationship between the complainant and respondent is not proof of consent to alleged sexual misconduct.

    ·       Students on Panel. If the applicable procedures normally include the participation of one or more students on a resolution panel, those students will be replaced by administrative staff or faculty.

    d.     Resolution Procedures for Sexual Misconduct Investigations involving Student Respondents

    The following procedures apply to the resolution of sexual misconduct investigations in which the respondent is a student (except where broader application is explicitly noted). [5]

    i.          Resolution Panel

    If a matter involving a student respondent is not resolved by informal resolution or a  respondent’s acceptance of responsibility,[6] the Title IX Coordinator or a designee will convene a resolution panel at the conclusion of an investigation to determine whether the respondent is or is not responsible for violation(s) of the Policy. If the facts surrounding a report of sexual misconduct also involve other alleged violation(s) of University policy, including but not limited to student codes of conduct, the resolution panel may also hear such other alleged violations.

    Each resolution panel will have three members drawn from a trained pool of University faculty and administrators and retired judges or other qualified legal professional selected by the Title IX Coordinator or a designee. Each resolution panel will include two University personnel (faculty and/or administrators) and a retired judge or other qualified legal professional.

    The complainant and respondent will be informed of the resolution panel’s membership before the hearing and shall have three (3) business days to object to the participation of any member based on a conflict of interest. All resolution panel members and employees involved in the resolution process shall have received, at a minimum, annual training on issues related to sexual misconduct and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.

    ii.      Determination of Responsibility

    Upon review of the investigative report, the resolution panel may (i) determine that the case can be decided without hearing from witnesses or receiving further evidence, (ii) remand the case for further investigation or clarification of the investigative report, or (iii) 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 if they so choose.

    The hearing is a closed proceeding, meaning that no one other than the resolution panel members and necessary University personnel may be present. The complainant and respondent, their respective supporters, and witnesses called to the hearing will be present in the hearing room only when making a statement or being questioned by the resolution panel. The complainant and respondent will be given the opportunity to view or hear the evidence stage of the hearing from separate rooms via closed-circuit television or similar video or audio transmission. The deliberations of the resolution panel will be closed and private.

    In general, hearings will proceed as follows, although the resolution panel has discretion to alter the order or manner in which it hears or receives evidence:

    ·       Opening statement by the complainant

    ·       Opening statement by the respondent

    ·       Questioning of the complainant by the panel

    ·       Questioning of the respondent by the panel

    ·       Questioning of witnesses by the panel

    ·       Questioning of the investigators by the panel

    ·       Closing statement by the complainant

    ·       Closing statement by the respondent

    The resolution panel may set reasonable time limits for any part of the hearing. The resolution panel may also determine the relevance of, place restrictions on, or exclude any witnesses or information. Formal rules of evidence do not apply.

    Additional hearing rules include:

    ·       Prior Conduct Violations: The resolution panel will generally not consider evidence of any prior incident, but the resolution panel has discretion to consider evidence of any prior incident(s) that involved conduct substantially similar to the allegation(s) being investigated or demonstrates a common pattern of behavior.

    ·       Audio or Video Recording: The University will make an audio and/or video recording of the hearing for the use of the resolution panel, for sanctioning, and for purposes of appeal. The resolution panelists, the Title IX Coordinator, and/or the Vice Provost for Student Affairs may request a transcript and recording of the hearing. The parties may not record any part of the investigation or hearing.

    The resolution panel in student respondent cases (and the appropriate administrator/panel/board in faculty/staff respondent cases) will use the preponderance of the evidence standard to determine respondent’s responsibility for alleged Policy violations.

    Determinations of responsibility by the resolution panel are made by majority vote; determinations as to the appropriate sanction are also made by majority vote, except where the sanction in question is expulsion or a revocation of a degree, for which unanimity is required.

    If the resolution panel finds the respondent not responsible, it will simultaneously send its determination, with the reasons for its decision, to the complainant and respondent, with a copy to the Title IX Coordinator. If the resolution panel finds the respondent responsible, it will proceed to the sanctioning phase, described below.

    Whatever the outcome of the resolution process, either party may request ongoing or additional accommodations, and the Title IX Coordinator will determine whether such accommodations are appropriate. Potential ongoing accommodations include, but are not limited to: (1) providing a security escort; (2) moving residences; (3) changing academic schedules; adjusting work schedules; (5) allowing withdrawal from or re-taking a class without penalty; (6) providing access to tutoring or other academic support, such as extra time to complete or re-take an examination; and (7) directing that the parties have no contact with one another.

    iii.                  Sanctioning

    This section “Sanctioning” applies to all sexual misconduct cases, irrespective of whether the complainant or respondent is a student or faculty or staff member.

    The resolution panel is responsible for sanctioning student respondents found responsible for violating the Policy. Student affairs personnel will coordinate with the resolution panel and the dean of the respondent’s school to ensure that the resolution panel has access to and assesses all relevant information.

    The resolution panel in student respondent cases (or appropriate administrator/panel/board in faculty/staff respondent cases) may consider the following factors in the sanctioning process:

    ·       The specific misconduct at issue;

    ·       The circumstances accompanying any lack of consent (e.g., force, threat, coercion, intentional incapacitation, etc.);

    ·       The respondent’s state of mind (bias-motivated, reckless, negligent, etc.);

    ·       The respondent’s prior disciplinary history;

    ·       The safety of the University community;

    ·       The respondent’s conduct during the investigation and resolution process; and

    ·       Such other factors as the resolution panel deems appropriate.

    In appropriate cases, e.g., where the administrator/panel/board finds that the respondent poses a threat to the complainant or to campus safety, the administrator/panel/board, in consultation with the Title IX Coordinator, may impose interim sanctions before issuing a decision.

    The administrator/panel/board will impose sanctions that are fair and appropriate, consistent with the University’s handling of similar cases, adequate to protect the safety of the campus community, and reflective of the seriousness of the misconduct at issue. The administrator/panel/board may impose any one or more of the following sanctions on a respondent found responsible for sexual misconduct, or other such appropriate sanction as the circumstances may dictate:

    ·       Reprimand/warning;

    ·       Changing the respondent’s academic schedule;

    ·       Disciplinary probation;

    ·       Revocation of honors or awards;

    ·       Restricting access to University facilities or activities, including student activities and campus organizations;

    ·       Mandatory training;

    ·       Issuing a “no contact” order to the respondent or requiring that an existing order remain in place;

    ·       Moving the respondent’s residence;

    ·       Dismissal, termination or restriction from University employment;

    ·       Removal from student housing;

    ·       A ban from campus (either limited time or indefinite);

    ·       Transcript notations;

    ·       Suspension;

    ·       Expulsion; and

    ·       Revocation of degree.

    The administrator/panel/board will simultaneously send its determination of responsibility and sanction(s), with the reasons therefor, to the complainant and respondent, with a copy to the Title IX Coordinator. The administrator’s/panel’s/board’s notice to the complainant and respondent shall describe the University’s appeal procedures.                                        

    The administrator/panel/board may also recommend additional measures to the Title IX Coordinator that are designed to prevent the recurrence of sexual misconduct or respond to the effects of the sexual misconduct on the University community that include, but are not limited to:  increased monitoring, supervision, or security at locations or activities where the sexual misconduct occurred; additional training and/or educational materials for students or groups; revision of the Policy; and campus climate surveys.

    The administrator/panel/board may also recommend additional measures to the Title IX Coordinator to remedy the effects of the sexual misconduct on the complainant. These measures, which should be considered regardless of what interim measures were instituted, include but are not limited to: providing an escort for passage between classes and activities; ensuring the complainant and respondent do not share classes or extracurricular activities; moving the respondent or complainant (if the complainant requests to be moved) to a different residence hall; providing victim focused services including medical, counseling and academic support services, such as tutoring; and arranging for the complainant to have extra time to complete or re-take a class or withdraw from a class without an academic or financial penalty.

    iv.                  Appeals

    Both parties have the right to appeal the resolution panel’s finding of responsibility and/or imposition of sanction(s). A party has ten (10) business days from receipt of the resolution panel’s determination to appeal. Any appeal must be filed in writing with the Vice Provost for Student Affairs or a designee, who will decide all appeals. 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 sole 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).

    If the Vice Provost for Student Affairs or designee concludes that a change in the resolution panel’s responsibility or sanctioning determination is warranted, he or she may (1) enter a revised determination; (2) remand the matter to the resolution panel to reconsider its determination or sanction; or (3) remand the matter for further investigation by the investigative team. The Vice Provost for Student Affairs or designee will simultaneously send the appeal determination, with the reasons therefor, to the complainant and respondent, with a copy to the Title IX Coordinator. No further appeals are permitted. 

    In faculty and staff respondent cases, if divisional or unit procedures allow an appeal with respect to procedural errors, findings or sanctions, such right to appeal shall be available equally to the complainant and respondent.

    v.                  Notice of Outcomes

    This section “Notice of Outcomes” applies to all sexual misconduct cases, irrespective of whether the complainant or respondent is a student or faculty or staff member.

    In cases of sexual misconduct both the complainant and the respondent will be notified of the outcome of the complaint in writing simultaneously. In all such cases, this notice will include (a) whether it was found that the alleged misconduct occurred, (b) any sanctions imposed on the respondent that directly relate to the complainant, and (c) any steps taken to eliminate a hostile environment and prevent recurrence.  The complainant should also be notified of (d) any individual remedies offered or provided to the complainant, and the respondent should be notified of (e) any remaining sanctions imposed on the respondent. Additionally, in cases alleging a sexual assault, relationship violence, or stalking, the complainant and respondent will be notified of all sanctions imposed against the respondent, along with rationale for the result and sanctions.

    In all cases, the notice will also include information on the procedures, if any, for the complainant and respondent to appeal the results of the disciplinary proceeding. Subsequent simultaneous written notice will be provided to the complainant and respondent if there is any change to the results that occurs prior to the time that such results become final, when such results become final, and the outcome of an appeal, if any.

    Section VIII

    Medical Treatment and Preservation of Evidence

    Victims of sexual assault, stalking, and relationship violence are encouraged to seek medical attention in order to treat injuries, test for and treat sexually transmitted infections, test for pregnancy, and access emergency contraception, as needed. Obtaining medical attention from a forensic nurse examiner is recommended, as this medical professional can both administer medical services and conduct a medical forensic examination. In circumstances of sexual assault, stalking and relationship violence where the victim does not opt for forensic evidence collection, forensic nurse examiners can still treat injuries and take steps to address concerns of pregnancy and sexually transmitted infections.

    Collection of evidence and provision of prophylactic medications can be time-sensitive. Victims who wish to preserve evidence and/or receive prophylactic medications for pregnancy and sexually transmitted infections are encouraged to seek forensic medical attention as soon as possible after the incident. If a victim chooses not to make a complaint regarding an incident, but thinks that this may be a possibility in the future, the victim should consider speaking with Campus Safety and Security or law enforcement to preserve evidence in the event of a change of mind at a later date.

    If possible, to best preserve any evidence, a victim should not shower, bathe, wash, douche, brush hair, drink, eat, or change clothes or bedding before a forensic medical exam. If the victim decides to change clothes, the individual should not wash the clothes worn during the assault and should bring them to the hospital or medical facility. However, even if the victim has already done these things, a forensic exam may still be able to collect valuable evidence.  Victims of sexual misconduct are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any.  Such evidence may be useful to University investigators and hearing boards, to law enforcement authorities (e.g., in proving that an alleged criminal offense occurred), and when seeking civil no-contact orders or protection or peace orders.

    A forensic medical exam by a forensic nurse examiner allows for collection and preservation of evidence that may be necessary to aid in prosecution of sexual assault, stalking and relationship violence, or in obtaining a civil no-contact order or protection or peace order. A forensic exam goes beyond DNA evidence collection, and therefore is important regardless of whether the perpetrator is known to the victim, and regardless of whether the victim thinks there is biological/DNA evidence to collect. The exam can include writing down the victim’s description of events, physical examination, photographic documentation of injuries, evidence collection procedures, and assessment for drug-facilitated assault (“date-rape drugs”). Victims have the right to accept or decline any or all parts of the exam. At some hospitals, a forensic medical exam can be completed regardless of whether a victim wishes to report the incident to law enforcement. Under such circumstances, the victim has the option of conducting a “Jane/Joe Doe” examination, where the forensic nurse examiner completes a history, conducts a physical exam and collects evidence but does not release the information to law enforcement; the medical records and evidentiary kit can be stored and later released to law enforcement if the victim chooses to make a police report.

    Baltimore’s designated forensic nurse examiner site is Mercy Medical Center, 345 St. Paul Place Baltimore, MD 21202, 410.332.9494. Mercy Medical Center is staffed with forensic nurse examiners trained to assist victims of sexual assault with physical examination, evidence collection, and pursuing a complaint with law enforcement, if a victim so desires (however, engagement with or reporting to law enforcement is not required by Mercy Medical Center). An app is available at http://www.bmoresafemercy.org/ that explains more about victims’ options for medical attention, reporting, forensic examination, and support services.

    Victims will receive full and prompt cooperation from University personnel in obtaining appropriate medical attention, including transporting the victim to the nearest hospital. Victims reporting an incident to Student Affairs personnel, OIE or Campus Safety and Security will be offered transportation to Mercy Medical Center or another appropriate medical center.  Victims who wish to be transported to Mercy Medical Center or another appropriate medical center and also wish to remain anonymous should call Campus Safety and Security with a transportation request, but should not disclose their name. 

    For a list of hospitals near JHU’s campuses and surrounding areas, please see Appendix F. Victims in other cities should contact the closest local hospital or crisis center (http://www.centers.rainn.org) and inquire about the nearest hospital equipped with forensic nurse examiners/medical forensic services.

    Although the University encourages all members of its community to report sexual misconduct to law enforcement authorities, victims have the right to decline involvement with law enforcement authorities.  The University’s Title IX Coordinator or Campus Safety and Security will assist any victim with notifying local law enforcement authorities if they so desire. A victim can choose to only make a law enforcement report, only make a University report, do both, or do neither.  The University reserves the right to report information to law enforcement authorities, as it deems appropriate.

    Section IX

    Education and Training

    Primary and Ongoing Prevention and Awareness Programs

    The University has a variety of education programs to promote prevention and awareness of sexual misconduct for students and employees. The University offers training on sexual misconduct at orientation for new students and employees, as well as enhanced ongoing prevention and awareness campaigns that address sexual misconduct for students and employees. For information regarding training programs, including online training, contact OIE at: (410) 516-8075, oie@jhu.edu or visit OIE’s website at http://www.jhu.edu/oie.

    Bystander Intervention Training (BIT) Programs

    The University’s education program also includes safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of sexual misconduct against another person. BIT programs help students identify situations of concern, and provide knowledge and tools to encourage safe and successful interventions. If you would like to schedule a BIT program for your student group, please contact OIE at: (410) 516-8075, oie@jhu.edu or visit OIE’s website at http://www.jhu.edu/oie.

    Escalation Workshop on Relationship Violence

    The University has partnered with the One Love Foundation, dedicated to raising awareness about intimate partner violence. Students participating in a ninety (90) minute workshop will participate in a facilitated discussion about intimate partner violence, and view a forty (40) minute feature film, “Escalation.”  After the film, a facilitator guides students through a meaningful discussion about relationship violence, the warning signs of an abusive relationship and how this relates to their lives and their campus. To schedule a workshop for your student group, please contact OIE at: (410) 516-8075, oie@jhu.edu or visit OIE’s website at http://www.jhu.edu/oie.

    Rape Aggression Defense (RAD)

    The Rape Aggression (“RAD”) system is a program of realistic self-defense tactics and techniques for women offered by Campus Safety and Security. The RAD system is a comprehensive women-only course with the instructional objective of developing and enhancing options for self-defense, so they may become viable considerations to the woman attacked. The program includes crime prevention awareness, risk reduction and avoidance, and basic self-defense techniques. RAD is not a martial arts program and no prior training or knowledge is required to attend the class. Women of all ages and fitness levels can participate in the class. RAD is a twelve (12) hour course consisting of four (4) classes, three (3) hours each. Class size is limited to twenty (20) students and there is no cost to attend. Call (410) 516-4671 to register.

     

    Appendix A

    CAMPUS SECURITY & LOCAL LAW ENFORCEMENT


     

    Campus

     

    Agency/Office

    Non-Emergency

    Emergency

    Homewood Campus

    Campus

    Campus Safety & Security

    410-516-4600

    410-516-7777

    Local

    Baltimore Police Department

    410-396-2455

    911

    The Peabody Institute

    Campus

    Campus Security

    410-234-4605

    410-234-4600

    Local

    Baltimore Police Department

    410-396-2411

    911

    East Baltimore Campus

    Campus

    Corporate Security

    410-614-3473

    410-955-5585

    Local

    Baltimore Police Department

    410-396-2433

    911

    Harbor East Campus

    Campus

    Campus Security

    410-234-9301

    410-234-9300

    Local

    Baltimore Police Department

    410-396-2411

    911

    Columbia

    Center

    Campus

    Director of Campus Operations

    410-516-9700

    410-516-9700

    Local

    Howard County Police Department

    410-313-2929

    911

    Montgomery County Campus

    Campus

    Campus Security

    301-294-7191

    301-294-7191

    Local

    Montgomery County Police

    301-279-8000

    911

    Applied Physics Laboratory (APL)

    Campus

    Security Services Department

    443-778-7575

    443-778-7575

    Local

    Howard County Police Department

    410-313-2929

    911

    Washington

    Centers

    Campus

    SAIS Security/Allied Barton

    202-663-7796

    202-663-7796

    Local

    Metropolitan Police Department

    202-737-4404

    911

    SAIS Europe, Bologna Campus

    Campus

    Finance and Administration

    +39 051-2917811

    +39 051-2917811

    Local

    State Police

    112

    112

    Hopkins-Nanjing Center

    Campus

    American Co-director

    86.25.8359.2436

    86.25.8359.2436

    Local

    Nanjing Public Security Bureau

    86.25.8442.0009

    86.25.8442.0009

     

     

    Appendix B

    CONFIDENTIAL RESOURCES

     

    The Johns Hopkins University Counseling Center

    Serves all full-time students from KSAS, WSE, and Peabody without charge.

    3003 N. Charles Street, Suite S-200
    Baltimore, MD 21218
    Telephone: (410) 516-8278

    Johns Hopkins Student Assistance Program (JHSAP)

    Serves graduate and professional students, and immediate family members, without charge.

    East Baltimore Campus
    550 North Broadway
    Baltimore, MD 21205
    Telephone: (443) 997-7000

       Johns Hopkins @ Eastern

    1101 East 33rd Street, Suite C100 Baltimore, MD 21218 http://www.jhsap.org

    *Other locations include Bayview, Columbia, and Washington, DC

    UHS University Mental-Health Services

    Serves BSPH, SOM, and SON students, residents, fellows and trainees & their spouses or domestic partners.

    Telephone: (410) 955-1892 Available by telephone 24/7.

    Press “0” to speak with the on-call psychiatrist in an emergency.

    JHU Sexual Assault Helpline

    Students may talk with an on-call counselor 24/7.

    Telephone: (410) 516-7333

    Staff Psychologist - Sexual Assault Specialist (victim’s advocate)

    Serves as a confidential source for Homewood and Peabody students or helps students navigate reporting.

    Telephone: (410) 516-5133

    E-mail: victimsadvocate@jhu.edu

    Chaplain, Bunting Meyerhoff Interfaith and Community Service Center

    3400 North Charles Street

       Baltimore, MD 21218 Telephone: (410) 261-1880

    JHU Student Health and Wellness Center Homewood Campus

    1 East 31st Street, N200
    Baltimore, MD 21218

    Telephone: 410.516.8270

    University Health Services

    933 N. Wolfe Street
    Baltimore, MD 21205

    Telephone: 410.955.3250

    http://www.hopkinsmedicine.org/uhs/directions.html

     

    Appendix C

    STUDENT AFFAIRS OFFICES

    Advanced Academic Programs

    Briggs S. Rolfsrud
    Associate Director Student & Faculty Services
    1717 Massachusetts Ave NW, Suite 104-F
    Washington, DC 20036
    Telephone: (202) 452-0983
     

    Bloomberg School of Public Health

    Michael Ward
    Associate Dean for Student Affairs
    615 N. Wolfe Street, E1002
    Baltimore, MD 21205
    Telephone: (443) 287-7277

     

    Carey Business School

    Bobbie Tchopev
    Director, Student Services
    100 International Drive
    Baltimore, MD 21202
    Telephone: (410) 234-9245
     

    School of Education

    Jennifer Eddinger
    Interim Student Relations Officer
    6740 Alexander Bell Drive
    Columbia, MD 21046
    Telephone: (410) 516-9734
     

    KSAS and WSE

    Terry Martinez
    Associate Vice Provost/Dean of Students
    Homewood Campus 210, Mattin
    Baltimore, MD 21218
    Telephone: (410) 516-8208
     
    Renee Seitz
    Director of Graduate Academic Affairs
    Krieger School of Arts & Sciences
    614 Wyman Park Building
    Johns Hopkins University
    Telephone: 410-516-8477
    E-mail:  rseitz5@jhu.edu
     
    Christine Kavanagh
    Director of Graduate Academic Affairs
    Whiting School of Engineering
    Rm 103 Shaffer Hall
    Johns Hopkins University
    Main phone: 410 516-7395
     

    School of Medicine

    Tom Koenig
    Associate Dean for Student Affairs
    Assistant Professor, Department of General Psychiatry
    Broadway Research Building (BRB), Room 137
    733 North Broadway
    Baltimore, MD 21205
    Telephone: (410) 955-3419
     
    Carolyn Machamer
    Professor
    Wood Basic Science Building (WBSB), Room 104
    725 North Wolfe Street
    Baltimore, MD 21205
    Telephone: (410) 955-1809
     

    School of Nursing

    Jennifer Dotzenrod
    Associate Dean of Enrollment Management and Student Affairs
    525 North Wolfe Street
    Baltimore, MD 21205
    Telephone: (410) 955-7545
     

    Peabody

    Kyley Sommer
    Director of Student Affairs
    One East Mount Vernon Place
    Unger Lounge Plaza Level
    Baltimore, MD 21202
    Telephone: (410) 234-4538
     

    SAIS

    Noemi Crespo Rice
    Chief Student Affairs Officer, Financial Aid
    1740 Massachusetts Avenue, N.W., Suite #305
    Washington, DC 20036
    Telephone: (202) 663-5707
     

    Appendix D

    EXTERNAL GOVERNMENT RESOURCES

    The government resources listed below may provide additional assistance for students wishing to file an external complaint of sexual misconduct, students with inquiries regarding the application of Title IX and its implementing regulations, or students wishing to file an external complaint against the University:

    U.S. Department of Education
    Office for Civil Rights
    Philadelphia Office
    The Wanamaker Building
    100 Penn Square East, Suite 515
    Philadelphia, PA 19107
    (215) 656-8541
    OCR.Philadelphia@ed.gov
     
    U.S. Department of Justice
    Office on Violence Against Women
    145 N Street NE, Suite 10W.121
    Washington, DC 20530
    (202) 307-6026
     

    NotAlone.gov

    http://www.notalone.gov

     

    Appendix E 

    ON-CAMPUS MEDICAL AND INTERNATIONAL STUDENT RESOURCES

    JHU Student Health and Wellness Center

    Homewood Campus
    1 East 31st Street, N200
    Baltimore, MD 21218
    Telephone: 410.516.8270
     
     
    University Health Services
     
    933 N. Wolfe Street
    Baltimore, MD 21205
    Telephone: 410.955.3250
     
     
    Office of International Services
     
    Telephone: 667.208.7001
    Email: ois@jhu.edu

    Appendix F

    LOCAL HOSPITALS

    Baltimore City    

    Mercy Hospital (24/7)
    301 St. Paul Place Baltimore, MD 21011
    Telephone: 410.332.9000
     

    Anne Arundel County

    Anne Arundel Medical Center
    2001 Medical Parkway
    Annapolis, MD 21401
    Telephone: 443.481.1200
     

    Baltimore County

    Baltimore Washington Medical Center
    301 Hospital Drive
    Glen Burnie, MD 21061
    Telephone: 410.787.4328
     
    GBMC (24/7)
    6701 North Charles Street
    Towson, MD 21204
    Telephone: 443.849.3323
     

    Carroll County

    Carroll Hospital Center
    200 Memorial Avenue
    Westminster, MD 21157
    Telephone: 410.871.6655
     

    Howard County

    Howard County General
    5755 Cedar Lane
    Columbia, MD 21044
    Telephone: 410.740.7777
     

    Montgomery County

    Shady Grove Adventist Hospital
    9901 Medical Center Drive
    Rockville, MD 20850
    Telephone: 240.826.6000
     

    Washington, DC

    MedStar Washington Hospital Center (24/7)
    110 Irving Street, N.W.
    Washington, D.C. 20010
    Telephone: 800.641.4028 http://dcsane.org
     

    Bologna

    Pronto Soccorso Ostetrico e Ginecologico (Gynecology ER)
    Ospedale Sant’Orsola-Malpighi
    Via Massarenti Padiglione 4
     
    Pronto Soccorso Generale
    Ospedale Sant’Orsola-Malpighi
    Via Albertoni 15
     
    Pronto Soccorso Generale
    Ospedale Maggiore
    Largo Nigrisoli 2 (Via Saffi)
     

    Nanjing

    Nanjing University Hospital
    22 Hankou Rd
    Gulou, Nanjing, Jiangsu
    China
    Telephone:  +86.25.8359.2526

     

     

     



    [1] Dating violence is covered by the Policy whether or not it involves sexual conduct.

    [2] Domestic violence is covered by the Policy whether or not it involves sexual conduct.

    [3] Stalking is covered by the Policy whether or not it involves sexual conduct.

    [4] The Title IX Coordinator may also consider a complainant’s request for confidentiality in conjunction with other legal obligations, such as compliance with court orders, governmental investigations and proceedings, and litigation requests related to the complaint.

    [5] These procedures do not apply to cases where the respondent is a post-doctoral fellow or resident.

    [6] If a respondent does accept responsibility, a resolution panel will be convened to determine appropriate sanction.

     

  • Title IX & Sexual Violence

    Title IX & Sexual Violence

    Title IX

    "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance..."
    20 U.S.C. § 1681

    Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination based on gender in educational programs which receive federal financial assistance. Programs and activities which may be included are: admissions, recruitment, financial aid, academic programs, athletics, housing and employment. Title IX also protects male and female students from unlawful sexual harassment - including sexual violence - in school programs and activities.

    Johns Hopkins University (JHU) Title IX Coordinators

    Any student, faculty, staff member, or applicant for admission or education who has concerns about sex discrimination or sexual misconduct is encouraged to seek the assistance of a Title IX coordinator.

    Title IX Coordinator

    Allison J. Boyle, JHU’s Title IX Coordinator, oversees and provides leadership for the University’s Title IX activities and deputy Title IX Coordinators. Ms. Boyle conducts investigations of Title IX complaints filed by faculty, staff and graduate students. She also oversees the University’s education and training activities related to sex discrimination (including sexual violence). Individuals with questions, concerns or a complaint related to Title IX are encouraged to contact the University’s Title IX Coordinator:

    Allison J. Boyle, JD, MPH
    Johns Hopkins University
    Wyman Park Building, Suite 515
    3400 North Charles Street
    Baltimore, Maryland 21218
     
    Phone: 410.516.8075
    TTY: 711, MD Relay
    Fax: 410.516.5300

     

    Title IX graphic provided by Know your IX: Empowering students to stop sexual violence.