06-01.60 – Policy on Sex Discrimination, Sex-Based Harassment, and Retaliation

1. Policy Statement:

   Towson University (“University” or “TU”) is committed to providing a working, learning, and living environment free from Sex Discrimination, Sex-Based Harassment, and Retaliation, which is prohibited by this Policy as well as state and federal laws (including Title IX of the Education Amendments of 1972 as amended (“Title IX”), the Campus SaVE Act, and Title VII of the Civil Rights Act of 1964 as amended), and may constitute criminal activity. 

   The University endeavors to foster a climate free from Sex Discrimination, Sex-Based Harassment, and Retaliation through training, education, and prevention programs, as well as by following policies and procedures that promote prompt reporting. This also means the University works to assess Reports, investigate, and resolve Complaints of Sex Discrimination, Sex-Based Harassment, and Retaliation in a reasonable timeframe. It will also take prompt action to effectively address and work to prevent Sex Discrimination, Sex-Based Harassment, and Retaliation.

   The Title IX Coordinator, who works in the University’s Office of Inclusion and Institutional Equity (“OIIE”), administers this Policy and coordinates the University’s efforts to carry out its responsibilities. OIIE assesses Reports; conducts thorough, fair, and impartial investigations; and facilitates adjudication of Complaints of Sex Discrimination, Sex-Based Harassment, and Retaliation. No employee (other than law enforcement) is authorized to investigate or resolve reports of Sex Discrimination, Sex-Based Harassment, and Retaliation, without the involvement of the Title IX Coordinator. Please promptly report allegations of possible violations of this Policy to OIIE or to the Title IX Coordinator/Designee via:

   Towson University 
   Office of Inclusion and Institutional Equity 
   Administration Building, Suite 2210 
   7200  York Road
   Towson, Maryland 21252
   Phone: (410) 704-0203
   Email: titleix AT_TOWSON
   
   Online: Title IX Incident Report 

2. Applicability

   All students, faculty and staff of the University are subject to this Policy, in addition to third parties and contractors under the University’s control. This Policy is only applicable to alleged incidents that occur on or after August 1, 2024. For alleged incidents of Sex Discrimination, Sex-Based Harassment, and Retaliation occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident apply.

   The University may amend this Policy from time to time. Further, the Title IX Coordinator, with the approval of the President, may make revisions and updates to this Policy from time to time in order to comply with applicable laws, regulations, governmental guidance, and any amendments thereto. 

   Nothing in this Policy supersedes or replaces any obligations imposed by federal law or state law and/or policy (such as the USM policy VI-1.60, Policy on Sex Discrimination).

3. Definitions

   1. An “Advisor” is a person chosen by either the Complainant or Respondent who may be, but is not required to be, an attorney, who provides support, guidance, assistance, and/or advice to the Complainant or Respondent. More information regarding the roles and responsibilities of Advisors may be found in Section XI.F of this Policy and the Grievance Procedures
   2. “Anonymous” means a Report or Complaint of Sex Discrimination, Sex-Based Harassment, and/or Retaliation filed by someone who refuses to provide self-identifying information. Individuals who do not identify themselves are encouraged to speak with the Title IX Coordinator/Designee to understand the limitations of a potential investigation being conducted where reporting is anonymous.
   3. “Burden of Gathering Evidence” the burden is on the University — not on the parties — to conduct an investigation that gathers sufficient evidence to determine whether Sex Discrimination, Sex-Based Harassment, or Retaliation occurred by a preponderance of evidence.
   4. “Complainant” is an individual who is alleged to be the victim of conduct that could constitute Sex Discrimination, Sex-Based Harassment, or Retaliation who is a University student or employee or who was participating or attempting to participate in an Education Program or Activity of the University at the time of the alleged Sex Discrimination, Sex-Based Harassment, or Retaliation whether or not that individual initiated the Complaint.
   5. “Complaint” means an oral or written request to the University that objectively can be understood as a request to investigate and make a determination about alleged Sex Discrimination, Sex-Based Harassment, or Retaliation.
   6. “Confidential Employees” are (1) employees whose communications are privileged or confidential under Federal or state law; (2) employees whose communications are specifically designated as confidential for the purpose of providing services related to potential Sex Discrimination; or (3) employees who are conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination—but the employee’s confidential status is only with respect to information received while conducting the study. A list of Confidential Employees may be found in Appendix A to this Policy.
   7. “Consent” means a knowing, voluntary, and affirmatively communicated willingness to mutually participate in a particular sexual activity or behavior. It must be given by a person with the ability and capacity to exercise free will and make a rational and reasonable judgment.  Consent may be expressed by affirmative words or actions, as long as those words or actions create a mutually understandable permission regarding the conditions of sexual activity. Consent may also be withdrawn at any time by reasonable and clear communication. If consent is withdrawn, sexual activity should cease within a reasonably immediate time. Consent cannot be obtained by force, threat, coercion, fraud, manipulation, reasonable fear of injury, intimidation, or through the use of one’s mental or physical helplessness or incapacity. Consent cannot be implied based upon the mere fact of a previous consensual dating or sexual relationship. Consent is evaluated from the perspective of what a reasonable person would conclude are mutually understandable words or actions. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances.
   8. “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 Complainant; and where the existence of such a relationship is determined based on 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. Dating violence does not include acts covered under the definition of domestic violence.
   9. “Decision Maker” is a trained person who is charged with making evidentiary and factual decisions regarding responsibility for alleged violations of this Policy.
   10. “Domestic Violence” means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant, or under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or by any other person against an adult or youth Complainant protected from those acts by domestic or family violence laws of Maryland.
   11. “Education Program or Activity” includes all operations of the University in the United States, including, but not limited to, all conduct over which the University exercises disciplinary authority and all conduct that occurs in any building owned or controlled by a student organization that is officially recognized by the University. The University must address a sex-based hostile environment under its Education Program or Activity even when some conduct alleged to be contributing to the hostile environment occurred outside the University’s Education Program or Activity or outside the United States.
   12. “Employees with Authority” are employees, other than Confidential Employees, who have authority to institute corrective measures or who are responsible for administrative leadership, teaching, or advising. Position titles of Employees with Authority may be found in Appendix B to this Policy.
   13. “Exculpatory Evidence” is evidence that tends to excuse, justify, or absolve the alleged responsibility of a Respondent with respect to allegations of this Policy.
   14. “Gender Expression” refers to how a person represents their gender identity, such as through behavior, clothing, hairstyles, voice, body characteristics, etc.
   15.  “Gender Identity” refers to each person’s deeply held sense, knowledge, and/or experience of their own gender. Gender identity can correlate or differ from an individual’s assigned sex at birth.
   16. “Grievance Procedures” refers to the Grievance Procedures for the Resolution of Sex Discrimination, Sex-Based Harassment, and Retaliation allegations applicable to Complainants and Respondents under this Policy.
   17. “Hearing Officer” is a trained Decision Maker, who cannot be the same person as the Title IX Coordinator or an Investigator, presiding over the live hearing and charged with making evidentiary and factual decisions regarding responsibility for alleged violations of this Policy.
   18. “Incapacitation” is a state where an individual cannot make an informed and rational decision to engage in sexual activity because they lack conscious knowledge of the nature of the act (e.g., to understand the “who, what, when, where, why and/or how” of the sexual interaction) and/or are physically helpless. Examples may include individuals who are asleep, unconscious, or otherwise unaware that the sexual activity is occurring. The use of alcohol or other drugs does not, in and of itself, negate a person’s ability to give Consent. However, a level of intoxication can be reached, short of losing consciousness, in which a person’s judgment is so impaired that they become incapacitated and thus are not capable of giving Consent. The impact of alcohol and drugs varies from person to person, and evaluating Incapacitation requires an assessment of how the consumption of alcohol and/or drugs impact an individual’s:
       
       1. Decision-making ability;
       2. Decision-making ability;
       3. Ability to make informed judgments; and/or
       4. Capacity to appreciate the nature and the quality of the act.
          
          Because the use of alcohol and other drugs can have a cumulative effect over time, a person who may not have been incapacitated at the beginning of sexual activity may become incapacitated and therefore unable to give effective Consent as the sexual activity continues. Evaluating Incapacitation also requires an assessment of whether a Respondent, or a sober, reasonable person in the Respondent’s position, knew or should have known, that the Complainant was incapacitated. If the person who wants to engage in sexual activity is too intoxicated to judge another’s communications about Consent, that person has an obligation to cease the activity. A person’s responsibility for obtaining Consent is not diminished by use of alcohol and/or other drugs. Being intoxicated or impaired by drugs or alcohol is never an excuse for Sex-based Harassment and does not diminish one’s responsibility to obtain Consent.
          
          
   19. “Inculpatory Evidence” is evidence that shows, or tends to show, a person’s involvement in an act, or evidence that can establish responsibility.
   20. “Investigation”means a prompt, thorough, and impartial summary of available evidence related to an allegation of Sex Discrimination, Sex-Based Harassment, or Retaliation conducted by a trained University employee or designee in response to a report or complaint of Sex Discrimination, Sex-Based Harassment, or Retaliation made pursuant to this Policy. The purpose of an Investigation is to gather relevant evidence and facts regarding allegations of Sex Discrimination.
   21. “Investigator” means those individuals designated by the University to conduct an investigation of allegations of violations of this Policy.
   22. “Notice of Allegation (NOA)” is a communication provided to the Complainant and Respondent notifying them that the University will conduct an Investigation into an alleged violation of this Policy. It will inform these parties of the “who, what, when, and where” of the alleged misconduct to the extent they are known by the Title IX Coordinator. The NOA will also inform the parties about the Grievance Procedures and informal resolution process; the presumption of non-responsibility; that they may have an advisor and a support person; and that it is a violation of this Policy for an individual to make a formal or informal complaint or report in bad faith or without justification, or knowingly make false statements or knowingly submit false information during any investigation or proceeding under this Policy.
   23. “Parental or Family Status” means the current, potential, or past status of an individual who is (1) a biological, step, adoptive, or foster parent; (2) a legal custodian or guardian; (3) in loco parentis (acting in the place of a parent, custodian or guardian); or (4) actively seeking legal custody, guardianship, visitation, or adoption of any person who is under the age of 18, or who is over the age of 18 but incapable of self-care because of a disability.
   24. “Pregnancy or Related Conditions” means the current, past, or potential presence of any of the following conditions:
       1. Pregnancy, childbirth, termination of pregnancy, or lactation
       2. Recovery from pregnancy, childbirth, termination of pregnancy, or lactation
       3. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation
   25. “Presumption of Non-Responsibility” means that the University will not treat the Respondent as responsible for a Policy violation until the University has objectively evaluated the evidence, and there has been a finding that a violation of this Policy has occurred at the conclusion of the grievance process as articulated in the Grievance Procedures. However, the University may approve an emergency removal of a Respondent, after an individualized safety and risk analysis, where the Respondent poses an immediate threat to the physical health or safety of the Complainant (or any other individual) prior to the conclusion of a grievance process (or even where no grievance process is pending).  In such cases, the Respondent will receive notice and an opportunity to challenge the emergency removal decision pursuant to the appropriate procedures applicable to the student, faculty, or staff Respondent.
   26. “Private Body Parts” include buttocks, genitals, anus, and breasts.
   27.  “Relevant Evidence” is both inculpatory and exculpatory evidence used to determine if the Respondent is responsible for a violation of this Policy. Evidence is relevant when a reasonable person would likely accept the information as having probative value about the underlying allegations. Questions are relevant when they seek evidence that may aid in showing whether the alleged conduct occurred, and evidence is relevant when it may aid a decision maker in determining whether the alleged conduct occurred. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
   28. “Respondent” means an individual alleged to have engaged in conduct that could constitute Sex Discrimination, Sex-Based Harassment, or Retaliation.
   29. “Retaliation” means intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because an individual has reported information, made a Complaint, testified, assisted, participated or refused to participate in any manner in an investigation proceeding or hearing related to Sex Discrimination, Sex-Based Harassment, or Retaliation. Retaliation includes bringing charges against an individual for violations of other institutional policies that do not involve violation of this Policy but arise out of the same facts or circumstances as Complaint, for the purpose of interfering with any right or privilege secured by Title IX. Retaliation includes “peer retaliation” meaning retaliation by one student against another student.
   30. “Sexual Coercion” means the use of unreasonable pressure in an effort to compel another individual to initiate or continue sexual activity against the individual’s will. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Coercion includes but is not limited to intimidation, manipulation, threats of emotional or physical harm, and blackmail. Examples of coercion include threatening to disclose another individual’s private sexual information, or threatening to harm oneself if the other party does not engage in the sexual activity.
   31. “Sexual Exploitation” means taking non-consensual or abusive sexual advantage of another person for one’s own advantage or benefit or for the advantage or benefit of anyone other than the person being exploited. Examples of Sexual Exploitation include but are not limited to prostitution; using any kind of photographic or recording device to capture, post and/or publish images of a person’s Private Body Parts and/or of a sexual act without the Consent or knowledge of the involved party; intentionally or unintentionally publishing, recreating, or reproducing images of a person’s Private Body Parts or of a sexual act without the knowledge or Consent of the party involved; voyeurism; inducing Incapacitation for the purpose of Sexual Exploitation or of having sex with the incapacitated person (regardless of whether Sexual Exploitation and/or sexual activity actually takes place); and/or knowingly transmitting a sexually transmitted infection to a partner without their Consent.
   32.  “Sexual Assault” means an offense classified as a sex offense in the Uniform Crime Reporting System of the Federal Bureau of Investigation. Sexual assault involves sexual acts directed against another person, including:
       1. Forcible sex offenses — Any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent, including:
          1. Non-Consensual Sexual Penetration — penetration, no matter how slight, of the genital or anal opening of the body of another person with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
          2. Forcible Fondling — The touching of the Private Body Parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
          3. Stealthing — when one person engaged in Sexual Penetration removes a condom (or other prophylactic device) during sex without the other person's consent or lies about having put on a condom (or other prophylactic device) in the first place.
       2. Nonforcible sex offenses — Unlawful, nonforcible sexual intercourse, including:
          1. Incest — Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
          2. Statutory Rape — Nonforcible sexual intercourse with a person who is under the statutory age of consent. The age of consent in Maryland is 16.
   33. “Sex-Based Harassment” means Sex Discrimination that satisfies one or more of the following:
       1. Quid pro quo harassment — which refers to an agent, employee, or representative of the University conditioning the provision of an aid, benefit, or service of the University, either explicitly or implicitly, on an individual’s participation in unwelcome sexual conduct;
       2. Hostile Environment Harassment:
          1. Unwelcome sex-based conduct that, based on a totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it effectively denies a person equal access to the University’s Education Program or Activity; or
          2. Unwelcome sex-based conduct, which need not be severe or pervasive, that consists of unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature that, based on a totality of the circumstances, creates a working environment that a reasonable person would perceive as abusive or hostile.
          3. “Dating Violence,” “Domestic Violence,” “Sexual Assault,” “Sexual Coercion,” “Sexual Exploitation,” or “Stalking.”
   34. “Sex Discrimination” means exclusion from participation in or being denied the benefits of any Education Program or Activity of the University on the basis of sex, including sex stereotypes, sex characteristics, sexual orientation, gender identity, Pregnancy or Related Conditions, Parental or Family Status, and marital status. Sex-Based Harassment is a form of Sex Discrimination. 
   35. “Standard of Evidence” The University investigates allegations of Sex Discrimination, Sex-Based Harassment, and Retaliation to determine whether the preponderance of the evidence indicates a Policy violation occurred. The preponderance of the evidence corresponds to an amount of evidence indicating a Policy violation is more than 50 percent likely to have occurred. This is the same standard of evidence that is used in other disciplinary proceedings at the University for allegations of Code of Student Accountability violations involving discrimination or harm to another individual. In such investigations and determinations, legal terms such as “guilt” and “innocence,” and the “formal rules of evidence” are not applicable. The University, however, never assumes a Respondent is responsible for the alleged conduct unless — following the process outlined in the Grievance Procedures — a violation of this Policy is found to have occurred by a preponderance of the evidence.
   36. “Stalking” means engaging in a course of conduct directed at a specific person based on sex that would cause a reasonable person to — (1) fear for their safety or the safety of others; or (2) suffer substantial emotional distress. For the purposes of this definition:
       1. Course of conduct means two or more acts, including, but not limited to, acts in which the alleged stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
       2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
       3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require, medical or other professional treatment or counseling.
   37. “Student” means a person who has gained admission to the University.
   38. “Supportive Measures” are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, and without fee or charge to the Complainant or Respondent to (1) restore or preserve that party’s equal access to the Education Program or Activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or (2) provide support during the University’s Grievance Procedures.
       1. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact applied to one or more parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, training and education, and other similar measures.
       2. The University will maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair its ability to provide them.
       3. The Title IX Coordinator/Designee is responsible for coordinating the effective implementation of Supportive Measures.
   39. “Support Person” is someone other than an Advisor whose presence provides support to a party. Examples include, but are not limited to, a family member, friend, faculty member, or staff member. Both parties are entitled to be accompanied by one Support Person of their choosing in meetings and proceedings related to the investigative and grievance process. However, a Support Person cannot speak on behalf of the individual, directly participate in the proceedings, or submit any written requests (including appeals) on behalf of the individual. The Support Person also cannot serve as a witness during any meeting or proceeding under this Policy. Should a Support Person not adhere to these expectations or attempt to play a direct and/or active role in any proceedings, the Title IX Coordinator, Investigator, Hearing Officer or other Decision Maker, at their discretion, may order the excusal of the Support Person from any meeting or proceeding. More information regarding the roles and responsibilities of Support Persons may be found in the Grievance Procedures.
   40. “University Community” means University students, faculty, staff, and third parties (visitors, volunteers, applicants for admissions or employment, vendors and contractors).

4. Responsible Executive and Office:

   Responsible Executive: Title IX Coordinator
   
   Responsible Office: Office of Inclusion and Institutional Equity (OIIE)

5.  Notice of Nondiscrimination:

   1. Content

      The University will publish a notice of nondiscrimination that contains the following content:

      1. The University does not discriminate on the bases of sex in any Education Program or Activity it operates; Title IX prohibits the University from discriminating in such manner; and this requirement not to discriminate extends to admissions and employment;

      2. Questions about the administration of Title IX at the University should be directed to the University’s Title IX Coordinator or the United States Office for Civil Rights (“OCR”);

      3. The Title IX Coordinator’s and other relevant OIIE staff members’ title, office address, telephone number and email addresses. The University’s web site shall be kept up to date with the name of its current Title IX Coordinator; and
      4. Information on how to locate this Policy and associated Grievance Procedures, how to report information about conduct that may constitute Sex Discrimination, Sex-Based Harassment, or Retaliation, and how to make a Complaint about Sex Discrimination, Sex-Based Harassment, and Retaliation.

   2. Dissemination of Notice

      The notice will be widely distributed to all students, employees, applicants for admission and employment, and other relevant persons. The notice must be prominently displayed on the University’s web site and at various locations throughout its campus, and must be included in publications of general distribution that provide information to students and employees about the University’s resources and policies, including each handbook, catalog, announcement bulletin, and application that it makes available to persons entitled to notification. If necessary because of limitations in the format or size of any publication, the University may substitute a shortened statement that the University prohibits discrimination on the basis of sex and that individuals may report concerns or questions to the Title IX Coordinator and provide the location of the full notice on the University’s website. The University may not distribute or publish any statement that it treats applicants, students, or employees differently on the basis of sex, except as permitted by Title IX. The notice should be available and easily accessible on an ongoing basis.
      

6. Reporting Sex Discrimination or Retaliation

   1. Monitoring. The Title IX Coordinator must:
      1. Monitor the Education Program or Activity for barriers to reporting information about conduct that reasonably may constitute Sex Discrimination; and
      2.  Take steps reasonably calculated to address such barriers.
   2. Reporting to the Police 
      

      Individuals who suffer or witness an incident involving Sex Discrimination or Harassment are encouraged to report the incident to law enforcement. Reporting to law enforcement does not preclude an individual from also reporting the incident to the University. Reports made to the University and law enforcement may be pursued simultaneously, though the outcome of one Investigation does not determine the outcome of the other. In addition, University Police may defer to another law enforcement agency (typically city or county law enforcement) based on the nature and location of the incident.

      University Police can assist individuals in reporting an incident of Sex Discrimination or Harassment. University Police will forward the report to OIIE, regardless of whether the incident constitutes a crime under the law. Towson University Police (“TUPD”) may be contacted at: 

      Main Office: General Public Safety Building Investigations Unit: Public Safety Building Administrative Hours: Monday - Friday, 8 a.m. - 5 p.m.

      Patrol Operations Hours: 24 hours a day, seven days a week 

      Emergency Phone: (410) 704-4444

      E-mail: police AT_TOWSON 

   3. Reporting to the University
      
      

      Making a report of Sexual Discrimination, Sex-Based Harassment, or Retaliation to the University means reporting allegations to the Title IX Coordinator by verbal or written report.  All persons are encouraged to report Sex Discrimination, Sex-Based Harassment, or Retaliation promptly.  Supportive Measures are available regardless of whether an investigation of the allegations is pursued.  Reports can be made at any time (including during nonbusiness hours) by completing the Sex Discrimination report form provided below. Any person may report Sex Discrimination or Retaliation (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute Sex Discrimination or Retaliation in person), by email, by telephone, or any other means that results in the Title IX Coordinator receiving the person’s report.  Allegations of possible violations of this Policy may be reported to OIIE or Title IX Coordinator at:

      Office of Inclusion and Institutional Equity Towson University
      Administration Building, Room 214 
      8000 York Road
      Towson, Maryland 21252
      (410) 704-0203

      Or

      Online reporting form.

      The University does not impose an affirmative time limit by which individuals must report Sex Discrimination or Retaliation. However, if too much time has passed since the incident occurred, the delay may result in loss of relevant evidence and witness testimony. The University may also not be able to investigate allegations against Respondents who have never been or are no longer affiliated with the University.

      The Title IX Coordinator will promptly respond to reports of Sex Discrimination or Retaliation and take appropriate action consistent with this Policy and the associated Grievance Procedures. 

      The University may extend the time frames set forth in this Policy and associated procedures for good cause.  Exceptions to these time frames may vary for a number of reasons, including, but not limited to, the complexity of the Investigation, volume of evidence, access to and/or responsiveness of relevant parties (including witnesses), the number of witnesses involved, and/or number of issues on appeal.

      In situations where the University determines that a report raises a significant risk to public safety, the University may proceed with an Investigation even where the Complainant chooses not to proceed or participate in the Investigation. The University will communicate this decision to the Complainant and Respondent. In matters where the University determines that it must move forward regardless of the Complainant’s wishes, the Title IX Coordinator does not become a party to the matter.

   4. Other Reporting Options
      

      Inquiries or complaints concerning the application of Title IX or the University’s handling of Sex Discrimination and Retaliation complaints may be referred to the Department of Education’s Office of 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
      Phone (215) 656-8541

      TTD: 800-877-8339
      OCR.Philadelphia@ed.gov 

      Information is also available on OCR’s webpage. 

      Employee complaints may also be referred to the U.S. Equal Employment Opportunity Commission (“EEOC”) and the Maryland Commission on Civil Rights. See Appendix C of this Policy for additional contact information.

   5. Employee Reporting Requirements — All University employees must notify the Title IX Coordinator or provide Students or other persons with the contact information of the Title IX Coordinator under the following circumstances:
      1. Pregnancy or Related Conditions — If a Student, or a person who has the legal right to act on behalf of the Student, informs any employee of the student’s Pregnancy or Related Conditions, the employee must provide that person with the Title IX Coordinator’s contact information and inform them that the Title IX Coordinator can coordinate specific actions to ensure equal access and prevention of discrimination. Employees need not provide the Title IX Coordinator’s contact information if the employee reasonably believes that the Title IX Coordinator has been notified.
      2. Sex Discrimination — When an employee becomes aware of information about conduct that reasonably may constitute Sex Discrimination or Retaliation, they are required to take the following action based on their designation:
         1. Confidential Employees must inform any person who communicates information about conduct that may reasonably constitute Sex Discrimination that they are Confidential Employees, circumstances in which they are not required to notify the Title IX Coordinator about conduct that reasonably may constitute Sex Discrimination, how to contact the Title IX Coordinator and how to initiate a Complaint, and that the Title IX Coordinator may be able to offer and coordinate Supportive Measures as well as initiate an informal resolution process or investigation under the Grievance Procedures.
         2. Employees with Authority must notify the Title IX Coordinator when they obtain information about conduct that may reasonably constitute Sex Discrimination.
         3. All Employees who are not Confidential Employees or Employees with Authority shall either (1) notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute Sex Discrimination or (2) provide the contact information of the Title IX Coordinator and information about how to make a Complaint to any person who provides the employee with information about conduct that may reasonably constitute Sex Discrimination.
   6. Good Faith Requirement
      Reports or complaints of Sex Discrimination, Sex-Based Harassment, or Retaliation must be made in good faith because they are serious and have the potential to cause great harm if made without justification.  Accordingly, it is a violation of the Policy for an individual to make a complaint or report in bad faith or without justification, or knowingly make false statements or knowingly submit false information during any investigation or proceeding.  An individual found to have made a complaint or report in bad faith or without justification may be subject to disciplinary or other action.

7. Reports Involving Minors or Suspected Child Abuse and Neglect

   Towson University is committed to protecting the safety and welfare of children who come in contact with the University Community. See TU policy 06-01.50, Policy on the Reporting of Suspected Child Abuse and Neglect. Procedures to file a report can also be found in that policy.

   The President has designated the TUPD Police Chief to receive oral and written reports of suspected child abuse or neglect from employees, students, and others at the University. If you have any concerns or doubts as to whether to report an incident, feel free to direct any questions to Child Protective Services or consult with the TUPD Chief of Police. During non-business hours, contact the Towson University Police Department via the non-emergency telephone number.

8. University Action Upon Notice of Pregnancy or Related Conditions

   1.  Students.
      1. The University must provide for reasonable modifications of the University’s policies, practices, or procedures for Students experiencing Pregnancy or Related Conditions.
         1. Each reasonable modification shall be based on the Student’s individualized needs, in consultation with the Student.
         2. A modification that would fundamentally alter the nature of the University’s Education Program or Activity is not reasonable.
         3. The University must allow the Student to voluntarily access any separate and comparable portion of the Education Program or Activity.
         4. The University must allow the Student to take a voluntary leave of absence for a period of time determined by the Student’s medical provider, or the period of time permitted by the University’s policy, whichever is greater. Upon return from a leave of absence, the Student must be reinstated to the same academic status and (to the extent possible) extracurricular status that the Student held when the leave began.
         5. The University may not require documentation for reasonable modifications unless it is necessary for the University to determine what reasonable modifications are needed or whether to take additional actions.
      2. The University prohibits requiring a Student who is Pregnant or with a Related Condition to provide certification that the student is physically able to participate in a class, program, or activity, unless:
         1. The certified level of physical ability or health is necessary for the class, program, or activity;
         2. The recipient requires such certifications of all Students participating in the class, program, or activity; and
         3. The information obtained through the certification is not used as a basis for prohibited discrimination. Each reasonable modification shall be based on the Student’s individualized needs, in consultation with the student.
      3. The University treats Pregnancy or Related Conditions in the same manner and under the same policies as any other temporary medical conditions with respect to medical or hospital benefits, services, or any other policies the University operates or participates in with respect to Students in the University’s Education Program or Activity.
   2. Employees.
      1. The University must provide for reasonable accommodations for employees with known limitations related to Pregnancy or Related Conditions.
         1. Each reasonable accommodation shall be based on the employee’s individualized needs, in consultation with the employee, and in consideration of any medical documentation.
         2. The University may request from the employee only the minimum documentation necessary to establish that the employee is experiencing Pregnancy or Related Conditions, and what adjustments are needed.
         3. Reasonable accommodation may include temporary relief from essential functions of the employee’s job, and in the case of an employee with insufficient accrued leave or no paid leave, voluntary leave of absence without pay.
         4. At the conclusion of any accommodation, the employee shall be reinstated to the same status as before the accommodation without decrease in compensation or loss of promotional opportunities or any other right or privilege of employment.
      2. The University treats Pregnancy or Related Conditions in the same manner and under the same policies as any other temporary medical conditions for all job-related purposes, including commencement, duration, and extension of leave, payment of disability income, accrual of seniority and any other benefit or service, reinstatement, and any other fringe benefit offered to employees by virtue of employment.
   3. Lactation Space.
      1. The University provides for a lactation space for all students, employees, and visitors, which may not be a bathroom, that is clean, shielded from view, free of intrusion from others, and may be used for expressing milk or breastfeeding as needed. More information may be found at OIIE’s website.

9. University Action Upon Notice of Alleged Sex Discrimination, Sex-Based Harassment, or Retaliation

   Upon receipt of notice of an allegation of a violation of this Policy, the Title IX Coordinator will take prompt action, in accordance with the Grievance Procedures. This obligation applies to reports of violations of the Policy regardless of whether a parallel law enforcement Investigation or action is pending or whether a Complaint is filed.
   
   1. Upon receiving from an employee notification of conduct that may reasonably constitute Sex Discrimination, Sex-Based Harassment, or Retaliation, the Title IX Coordinator must:
      1. Treat the Complainant and Respondent equitably.
      2. Offer to coordinate Supportive Measures, as appropriate; and
      3. Notify the Complainant (of if the Complainant is unknown, the person who reported the information) of the University’s Grievance Procedures.
   2. Upon notification by a Complainant or an Employee of conduct that may reasonably constitute Sex Discrimination, Sex-Based Harassment, or Retaliation, the Title IX Coordinator must:
      1. Initiate Grievance Procedures in response to a Complaint; or
      2. In the absence of a Complaint or the withdrawal of any of the allegations in a Complaint, determine whether to initiate a Complaint of Sex Discrimination, Sex-Based Harassment, or Retaliation in consideration of, at a minimum, the following factors:
         1. Whether the Complainant has requested not to proceed with the Complaint;
         2. The Complainant’s reasonable safety concerns regarding initiating a Complaint;
         3. The risk that additional acts of Sex Discrimination, Sex-Based Harassment, or Retaliation would occur if a Complaint is not initiated;
         4. The severity of the alleged Sex Discrimination, Sex-Based Harassment, or Retaliation, including whether the discrimination, if established, would require the removal of the Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent recurrence;
         5. The age and relationship of the parties, including whether the Respondent is an employee;
         6. The scope of the alleged Sex Discrimination, Sex-Based Harassment, or Retaliation, including information suggesting a pattern, ongoing Sex Discrimination, Sex-Based Harassment, or Retaliation, or Sex Discrimination, Sex-Based Harassment, or Retaliation alleged to have impacted multiple individuals;
         7. The availability of evidence to assist a decision-maker in determining whether Sex Discrimination, Sex-based Harassment, or Retaliation occurred; and
         8. Whether the University could end the alleged Sex Discrimination, Sex-Based Harassment, or Retaliation and prevent its recurrence without initiating grievance procedures.
      3. If, after considering these and other relevant factors, the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the Complainant or other person, or that the conduct, as alleged, prevents the University from ensuring equal access on the basis of sex to its Education Program or Activity, the Title IX Coordinator may initiate a Complaint. If the Title IX Coordinator initiates a Complaint, the Title IX Coordinator must notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including by providing Supportive Measures.
      4. The Title IX Coordinator need not initiate a Complaint or consider the factors in paragraph 2 if the Title IX Coordinator reasonably determines that the conduct as alleged could not constitute Sex Discrimination, Sex-Based Harassment or Retaliation.
   3. Emergency Removal. The University may remove a Respondent from the University’s Education Program or Activity on an emergency basis, provided that the University:
      1. Undertakes an individualized safety and risk analysis;
      2. Determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of Sex Discrimination justifies removal; and
      3. Provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.
         
         Nothing precludes the University from placing a non-Student employee Respondent on administrative leave during a grievance process.

10. Resources and Immediate and Ongoing Assistance

    OIIE maintains a list of resources and procedures for immediate and ongoing assistance following an incident of Sex Discrimination, Sex-Based Harassment, and Retaliation. They are available online at the University website on Sexual Violence Prevention and Resources and include:
    1. Information about existing confidential and non-confidential resources, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other resources available for individuals affected by Sex Discrimination or Sex-Based Harassment (both within the University and in the larger community) is available on OIIE’s website. Such resources include, without limitation, Sexual Assault centers, victim advocacy offices, women’s centers, health centers, nearby hospitals which offer Sexual Assault Forensic Exam (“SAFE”) exams and help in obtaining medical attention, including transporting the Complainant to the nearest designated hospital; and counseling for mental health resources by the University and off-campus resources available, other victim service entities and/or the nearest State-designated rape crisis program;
    2. Information about options for, available assistance in, and how to request changes to academic, living, transportation and working situations, and/or other Supportive Measures, as applicable, is available on OIIE’s website. Supportive Measures will be provided if requested and reasonably available;
    3. When a student or employee reports to the University that they have experienced Sex Discrimination, Sex-Based Harassment, or Retaliation the Title IX Coordinator (or their designee) will provide the student or employee an explanation (available on OIIE’s website) of their rights and options (e.g., options to notify law enforcement and/or campus authorities, including the right to be assisted by campus authorities in notifying such authorities; guidance in preservation of evidence; encouragement to obtain immediate medical help; obtaining and/or enforcing no contact and/or protective orders; etc.); and
    4. Information on external options for reporting Sex Discrimination and Sex-Based Harassment, as they may be amended from time to time, including local law enforcement, the Equal Employment Opportunity Commission (for Title VII employment discrimination matters), and the U.S. Department of Education’s OCR. The relevant contact information for the aforementioned external reporting options are available at Appendix C of this Policy and on OIIE’s website.

11. General Provisions

    1. Preservation of Evidence
       

       Individuals who have experienced Sex Discrimination or Sex-Based Harassment should take steps to preserve evidence that may aid in any administrative action and/or criminal prosecution that may result. Examples of items that may serve as evidence include any recorded media such as voice mails, e-mails, text messages, Facebook or other social media messaging, and any other notes, writings, correspondence, etc. that may be relevant to the case. Depending on the situation, clothing worn or other items which may serve as evidence should be preserved in their original state. Do not disturb the location where alleged Sex Based-Harassment occurred, as police may want to photograph the scene upon their arrival. Law enforcement may also want to photograph any injuries suffered by the parties. If any weapon was used or any object was used as a weapon, leave it in position and do not touch it until police arrive.

       The University encourages any Complainant to get a prompt, hospital-provided Sexual Assault Forensic Exam (“SAFE”). SAFE procedures are offered free of charge at certain local hospitals (e.g., Mercy Hospital and Greater Baltimore Medical Center) and may be pursued anonymously. SAFE procedures focus on collecting evidence and typically involve a medical/forensic exam that includes a physical exam, genital exam, and collection of swabs and samples to preserve evidence. You can decline any portion of the exam you so choose. Evidence can be collected up to 120 hours after assault but the sooner it is done the more likely that useful evidence can be recovered. Prior to a SAFE exam, it is important not to bathe, shower, douche, or change one’s clothes. Additional information about where SAFE exams are offered may be found in Appendix C of this Policy.

    2. Supportive Measures
       

       Upon receiving a report of Sex Discrimination or Retaliation, the Title IX Coordinator/Designee will promptly contact Complainant to discuss availability of supportive measures, consider Complainant’s wishes with respect to Supportive Measures, and inform Complainant of the availability of Supportive Measures with or without the filing of a Complaint. Supportive Measures must also be made available to Respondents. Supportive Measures provided to students may vary from those provided to employees, consistent with the University’s policies and procedures, employment contracts, and bargaining agreements. 

       Examples of Supportive Measures MAY include, but are not limited to:

       1. Assistance with access or referral to counseling and medical services;
       2. Rescheduling of exams and assignments;
       3. Providing alternative course completion options;
       4. Arranging for class incompletes, a leave of absence, or withdrawal;
       5. University-imposed leave or suspension;
       6. Imposition of a campus “No-Contact Order”;
       7. Imposition of a campus “Denial of Access” issued by TUPD;
       8. Change in class schedule, including the ability to drop a course without penalty or to transfer sections; and/or
       9. Change in work schedule or job assignment.
          
          The University must provide the parties with a timely opportunity to seek, from an appropriate and impartial decision-maker, modification, or reversal of the decision to provide, deny, modify, or terminate Supportive Measures applicable to them. The impartial decision-maker must be someone other than the employee who made the challenged decision and must have authority to modify or reverse the decision, if the impartial decision-maker determines that the initial decision to provide, deny, modify, or terminate the Supportive Measures was inconsistent with the definition of Supportive Measures. The University must also provide a party with the opportunity to seek additional modification or termination of a Supportive Measure applicable to them if circumstances change materially. The University must not disclose information about any supportive measures to persons other than the person to whom they apply, including informing one party of Supportive Measures provided to another party, unless necessary to provide the Supportive Measure, restore or preserve the party’s access to the Education Program or Activity, or when an exception applies.
    3. Equitable Treatment. Complainants and Respondents will be treated equitably by:
       1. Providing remedies to a Complainant where a determination of responsibility for Sex Discrimination, Sex-Based Harassment, or Retaliation has been made against the Respondent, and by using procedures that comply with Title IX when investigating and adjudicating allegations of Sex Discrimination, Sex-Based Harassment, or Retaliation before the imposition of any sanctions or other actions that are not Supportive Measures against a Respondent (remedies must be designed to restore or preserve equal access to the University’s Education Program or Activity);
       2. Providing an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other Inculpatory and Exculpatory Evidence; and
       3. Applying any provisions, rules, or practices used to investigate and adjudicate complaints under Title IX equally to both parties.
    4. Evidence. The University must provide any party and any party’s Advisor with an equal opportunity to access relevant and not otherwise Impermissible Evidence. Where there is a live hearing, the parties must be permitted to review evidence in advance of the live hearing.
    5. Impermissible Evidence. The University may not elicit, consider, require, rely upon, allow, disclose, or otherwise use any of the Impermissible Evidence, regardless of whether they are relevant. More detailed information regarding what constitutes Impermissible Evidence may be found in the Grievance Procedures.
    6. Advisors and Support Persons
       

       All parties may have one Advisor of the party’s choice, who may be, but is not required to be, an attorney, and one Support Person of the party’s choice, at any meeting or proceeding during the grievance process.  At no time may a party have more than two individuals (consisting of one Advisor and one Support Person) present with them at any meeting or proceeding. A party must provide the Title IX Coordinator with written notice of the full name and contact information (physical and email address) of their Advisor and/or Support Person. 

       Pursuant to Md. Code Ann., Educ. § 11-601, the Maryland Higher Education Commission (MHEC) maintains a list of attorneys willing to advise current and former Student parties (who were enrolled as a student at the University at the time of the incident that is the basis of the Complaint) pro bono or at reduced fees. Student parties may find more information at the MHEC Title IX Campus Sexual Assault Proceedings website. 

       Neither Advisors nor Support Persons are allowed to affirmatively participate in any process articulated in this Policy or in the Grievance Procedures, except to the extent Advisors are permitted to question witnesses on behalf of a party during a live hearing. Should an Advisor or Support Person not adhere to the expectations set forth in this Policy and Grievance Procedures or attempt to play a direct and/or active role in any proceedings, the Title IX Coordinator, Investigator, Hearing Officer or other Decision Maker, at their discretion, may order the excusal of the Advisor or Support Person from any meeting or proceeding.   

       Notwithstanding the limit of one Advisor and one Support Person, nothing herein precludes a party from seeking reasonable accommodations, including, but not limited to, the presence of sign-language interpreters at all meetings and proceedings during the grievance process. In such cases, individuals serving in such capacity are not counted as an Advisor or Support Person.

       The extent to which the Advisor and Support Person may participate in any meeting or proceeding is set forth herein and in the Grievance Procedures and applies equally to both parties. While a party is not required to have an Advisor or Support Person, if a party does not have an Advisor present at the live hearing, the University will provide, without fee or charge to that party, an Advisor of the University’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party. A party is never permitted to personally conduct cross-examination of another party or any witnesses.

    7. Dismissal of Complaints. The basis for dismissal of Complaints may be found in the Grievance Procedures.
    8. Investigation of Complaints. When investigating a Complaint and throughout the investigation and adjudication process, the University must:
       1. Ensure that the burden is on the University—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether Sex Discrimination, Sex-Based Harassment, or Retaliation occurred;
       2. Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other Inculpatory and Exculpatory Evidence;
       3. Review all evidence gathered through the investigation and determine what evidence is relevant and what is Impermissible Evidence regardless of relevance; and
       4. Provide each party with an equal opportunity to access the evidence that is relevant to the allegations of Sex Discrimination, Sex-Based Harassment, or Retaliation and not otherwise impermissible, in the following manner:
          1. The University must provide an equal opportunity to access either the relevant and not Impermissible Evidence or a description of this evidence. If the University provides a description, it must further provide the parties with an equal opportunity to access the relevant and not otherwise Impermissible Evidence upon request of any party;
          2. The University must provide a reasonable opportunity to respond to the evidence or to the accurate description of the evidence;
          3. The University must take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the Grievance Procedure. Disclosure of evidence or information for purposes of administrative or litigation proceedings related to the Complaint is authorized.
    9. Questioning of Parties and Witnesses. The University must provide a process that enables the decision-maker to question parties and witnesses and adequately assess a party’s or witness’s credibility to the extent credibility is in dispute and relevant to evaluating one or more allegations of Sex Discrimination, Sex-Based Harassment, or Retaliation.
    10. Informal Resolution Process and requirements may be found in the Grievance Procedures.
    11. Prompt Resolution. The University endeavors to conclude its investigation, grievance and appeal process for Complaints of Sex Discrimination, Sex-Based Harassment, or Retaliation within 180 days from receipt of Notice of the Complaint. However, this process may be delayed based upon the following non-exclusive reasons:
        1. Concurrent law enforcement activity;
        2. The need for an accommodation(s) for a party;
        3. Complexity of the case;
        4. The number of parties or witnesses involved;
        5. The development of new evidence that was previously unavailable;
        6. University closure or academic breaks;
        7. Medical emergencies; or
        8. Absence of a party, Advisor, Support Person or Witness.
           

           
           Absence of a party does not mean a party, Advisor, Support Person or Witness can indefinitely delay the process by refusing to cooperate. While the University will attempt to accommodate schedules in order to provide parties with a meaningful opportunity to exercise their rights, the University may proceed to conclusion in the absence of a party after making reasonable attempts to accommodate schedules.

           In an instance where the University anticipates the resolution of the process will be temporarily delayed or a party has requested an extension of time for good cause, the University will provide written notice to both parties of the delay or extension of time and the reasons for the action.

    12. De minimus harm. In circumstances where different treatment or separation on the basis of sex is permitted, the University prohibits different treatment or separation on the basis of sex in a manner that discriminates on the basis of sex by subjecting a person to more than de minimis harm, except as permitted by 20 U.S.C. §§ 1681 and 1686 and their corresponding regulations.
12. Sanctions
    

    Specific procedures regarding Sanctions may be found in the Grievance Procedures.

    The University will not impose sanctions on a Respondent for Sex Discrimination, Sex-Based Harassment, or Retaliation unless there is a determination at the conclusion of the University’s grievance process that the Respondent engaged in a violation of this Policy.

    The University will not sanction a party, witness, or others participating in the process for making a false statement or engaging in consensual sexual conduct based solely on the University’s determination whether or not Sex Discrimination, Sex-Based Harassment, or Retaliation occurred.

    Depending on the severity of the Policy violation, examples of the range of sanctions for Students, Staff, and Faculty are provided below:

    1. Student Sanctions (Accountability Actions)
       1. Written Warning
       2. Probation
       3. Suspension
       4. Expulsion
       5. Withholding Degree
       6. Other Actions, including limitation on residential or co-curricular engagement such as removal from or limitations on access to a specific residence hall, or a co-curricular program or activities.
    2. Staff Sanctions
       1. Counseling;
       2. Mandatory training;
       3. Reassignment of duties;
       4. Unit transfers;
       5. Letter of reprimand;
       6. Suspension without pay;
       7. Suspension pending charges of removal; and/or
       8. Termination.
    3. Faculty Sanctions
       1. Verbal reminders;
       2. Mandatory training;
       3. Written reminders;
       4. Letters of counseling, concern, or censure;
       5. Reassignment of duties;
       6. Suspension with or without pay; and/or
       7. Termination (regardless of tenure status).
13. Appeals
    Complainants and Respondents may appeal the dismissal of a Complaint, a finding of a violation of the Policy, and/or a sanction consistent with the established appeal procedures described in the Grievance Procedures.

14. Amnesty for Students Who Report Sexual Discrimination, Sex-Based Harassment, or Retaliation

    The University may offer amnesty for minor policy violations (such as underage drinking or recreational drug use) to encourage the reporting of Sex Discrimination, Sex-Based Harassment, or Retaliation by both individuals who have experienced these Policy violations and witnesses.

    For example, the University may not take student conduct action (except for a mandatory intervention for substance abuse) for a violation of alcohol or drug use policies by a student who reports Sex Discrimination, Sex-Based Harassment, or Retaliation to the University or law enforcement or participates in an such matter as a witness, if the University determines (i) that the violation occurred during or near the time of the alleged conduct; (ii) the student made the report, or is participating in an Investigation as a witness, in good faith; and (iii) the violation was not an act that was reasonably likely to place the health or safety of another individual at risk.

15. Clery Act Compliance

    In handling reports under the Policy, the University complies with the requirements of the Crime Awareness and Campus Security Act of 1990 (“Clery Act”) and its amendments. This includes its crime recording and reporting requirements. Under certain circumstances, certain Confidential Employees may be required to share non-identifiable information with the University for Clery Act reporting purposes.

16. MOU with Local Law Enforcement

    The University will pursue formalized agreements with (1) its local law enforcement agency and (2) a State designated rape crisis program and/or federally recognized Sexual Assault coalition. Agreements with law enforcement agencies must comply with Title IX and clearly state when the University will refer a matter to a local law enforcement agency. Agreements with rape crisis or Sexual Assault programs must formalize a commitment to provide trauma-informed resources to Complainants of Sex-Based Harassment.

17. Training

    1. Prevention and Awareness Education
       The University will develop and implement preventive and awareness education, directed toward both employees and students, to help identify and reduce the occurrence of Sex Discrimination, Sex-Based Harassment, or Retaliation. At a minimum, these educational initiatives must contain information regarding what constitutes Sex Discrimination, Sex-Based Harassment, or Retaliation definitions of Consent and prohibited conduct, the University’s procedures, bystander intervention, risk reduction, and the consequences of engaging in prohibited conduct. These educational initiatives shall be for all incoming students and new employees. The University will also develop ongoing prevention and awareness campaigns for all students and employees addressing, at a minimum, the same information.

    2. All Employees
       The University will develop and implement training for all employees regarding the University’s obligation to address Sex Discrimination, Sex-Based Harassment, or Retaliation. All employees shall be trained upon hire, upon change of position, and annually thereafter. Training materials must not rely on sex stereotypes. The training must include, at a minimum, the scope of conduct that may constitute Sex Discrimination, the definition of Sex-Based Harassment, and all applicable notification and information requirements that apply to each employee’s specific designation (all employees, Confidential Employees, and Employees with Authority).

    3. Investigators, Decision-Makers, and individuals who are responsible for implementing grievance procedures or have the authority to modify or terminate Supportive Measures
       Investigators, Decision-Makers, and individuals who are responsible for implementing grievance procedures or have the authority to modify or terminate Supportive Measures must receive training on the topics required for all employees (above), as well as training on the following (to the extent of their responsibilities):

       1. The University’s responsibilities, including the scope of the University’s Education Program or Activity and the University’s obligations to address Sex Discrimination (see 34 C.F.R. § 106.44);

       2. The University’s Grievance Procedures (including how to conduct an investigation);

       3. How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias;

       4. The meaning and application of the term “relevant” in relation to questions and evidence, and the types of evidence that are impermissible (Impermissible Evidence) regardless of relevance; and

       5. Issues related to dating violence, domestic violence, sexual assault, and stalking and conducting an investigation and hearing process that protects the safety of victims and promotes accountability.

    4. Facilitators of an Informal Resolution Process
       In addition to receiving the training required for all employees (above), facilitators of informal resolution processes must be trained on the rules and practices associated with the University’s informal resolution processes, and on how to serve impartially, including by avoiding conflicts of interest and bias.

    5. Title IX Coordinator and Designees
       In addition to all of the training requirements for all of the categories above, the Title IX Coordinator and any designees must be trained in their specific responsibilities, the specific actions required to prevent discrimination and ensure equal access (see 34 C.F.R. §§ 106.40(b)(3), 106.44(f) and (g)), the University’s recordkeeping system and recordkeeping requirements, and any other training necessary to coordinate compliance with Title IX.

18. Privacy
    

    A Complainant may request that their name or other information be kept private and not disclosed to alleged Respondents or that no Investigation or disciplinary action be pursued to address Sex Discrimination, Sex-Based Harassment, or Retaliation.

    The University supports an individual’s general interest in privacy and will maintain records in a discreet manner. However, there are situations in which the University must override a request for privacy in order to meet its obligations. The University will act reasonably and in good faith to limit such disclosures, maintain them in a secure manner, and only share them with individuals who are responsible for handling the University’s response to the allegations of Sex Discrimination, Sex-Based Harassment, or Retaliation. To the extent practicable, the University will notify individuals of the information that will be disclosed, to whom it will be disclosed, and why.
    
    In addition, Employees must report allegations or reports of Sex Discrimination, Sex-Based Harassment, or Retaliation to the Title IX Coordinator consistent with this Policy. Employees should inform the Title IX Coordinator of any requests for privacy when making their report.

19. Confidentiality

    Confidential information cannot be disclosed without authorization unless required by law or regulation. Confidential Employees are those who are generally exempt from reporting requirements. Examples include counseling center professionals, some health care providers, and clergy. Any disclosures made to Confidential Employees are exempted from disclosure obligations under federal and/or state law. As a result, Confidential Employees will not disclose identifiable information to the University’s Title IX Coordinator or to any other person/entity without Consent, unless a legal exception applies.

    Exceptions to a Confidential Employee’s obligations may occur, for example, when they receive a report of child abuse or when disclosure is required to comply with a court order. As appropriate, Confidential Employees will inform those they counsel of procedures for reporting crimes on a voluntary, anonymous basis to the University Police for inclusion in the annual security report pursuant to the Clery Act.

    More information regarding procedures related to confidentiality, including confidential resources, are available at the University Sex Discrimination and Title IX website.

20. Recordkeeping

    The University will maintain, for seven (7) years, records of: (a) each Complaint of Sex Discrimination, records documenting the informal resolution process or grievance procedure, and the resulting outcome; (b) for each notification the Title IX Coordinator receives of information about conduct that reasonably may constitute Sex Discrimination, records documenting any action taken; and (c) all materials used for Title IX training of students or employees.

21. Campus Sexual Assault Climate Survey

    At least every two (2) years, the University shall: (i) develop an appropriate Sexual Assault campus climate survey using nationally recognized best practices for research and climate surveys; and (ii) administer the Sexual Assault campus climate survey to students in accordance with the procedures set by MHEC. After completing the survey and consistent with MHEC procedures, the University shall submit to MHEC a report in accordance with the requirements set forth in Maryland Code Annotated, Education Article, Section 11- 601(g).

Related Policies

USM Policy VI-1.60, Policy on Sex Discrimination

USM Policy VII-8.00, Policy on Grievances for Nonexempt and Exempt Staff Employees

USM Policy VII-8.05, Professional Conduct of Non-Exempt and Exempt Staff Employees

TU Policy 02-01.00, Policy on Appointment, Rank and Tenure of Faculty

TU Policy 02-01.05, Employment of Lecturers

TU Policy 02-04.00, Responsibilities and Procedures of the Faculty Grievance and Mediation Committee and the Faculty Hearing Committee.

TU Policy 06-01.00, Policy Prohibiting Discrimination

TU Policy 06-01.50, Policy on the Reporting of Suspected Child Abuse and Neglect

TU Policy 07-01.22, Separation for Regular Exempt Employees

TU Policy 07-05.25, Disciplinary Actions for Employees

TU Policy 07-06.30, Consensual Relations with Students

Code of Student Accountability

Approval Date: June 27, 2018

Effective Date: June 27, 2018

Amended Date: September 12, 2019; August 14, 2020; January 25, 2023; August 1, 2024

Approved By: President’s Council and the President

How to Request the Policy PDF

This online version of the policy may include updated links and names of departments. To request a PDF of the original, signed version of this policy, email the Office of the General Counsel, generalcounsel AT_TOWSON.

Appendices to 06-01.60 — Policy on Sex Discrimination, Sex-Based Harassment and Retaliation

Appendix A: Confidential Employees

Name	Department	Email	Phone
Karina Aponte	Counseling Center	kaponte AT_TOWSON	410-704-2512
Blake Costalupes	Counseling Center	bcostalupes AT_TOWSON	410-704-2512
Kathleen DiMattia	Counseling Center	kdimattia AT_TOWSON	410-704-2512
Mollie Herman	Counseling Center	mherman AT_TOWSON	410-704-2512
Zachary Hitchens	Counseling Center	zhitchens AT_TOWSON	410-704-2512
Michelle Kirton	Counseling Center	mkirton AT_TOWSON	410-704-2512
Sarah Marek	Counseling Center	smarek AT_TOWSON	410-704-2512
Mary Murphy	Counseling Center	marymurphy AT_TOWSON	410-704-2512
Amara-Niani Jackson	Counseling Center	amaranianijackson AT_TOWSON	410-704-2512
Andrea Obah	Counseling Center	aobah AT_TOWSON	410-704-2512
Sara Rosenquist	Counseling Center	srosenquist AT_TOWSON	410-704-2512
Olivia Rosner	Counseling Center	orosner AT_TOWSON	410-704-2512
Tess Smith	Counseling Center	tjsmith AT_TOWSON	410-704-2512
Diane Sobel	Health Center	dsobel AT_TOWSON	410-704-2512
Chris Truong	Health Center	ctruong AT_TOWSON	410-704-2512
Amber Walser	Health Center	awalser AT_TOWSON	410-704-2512
Maria Wydra	Health Center	mwydra AT_TOWSON	410-704-2512
Sarah Wentling	Health Center	swentling AT_TOWSON	410-704-2512
Emily Wiegand	Health Center	ewiegand AT_TOWSON	410-704-2512
Michael Zebrowski	Health Center	mzebrowski AT_TOWSON	410-704-2512
LaToya Vice-Dodd	Health Center	NA	410-704-2512
Amara-Niani Jackson	Health Center	amaranianijackson AT_TOWSON	410-704-2512
Mary Murphy	Health Center	marymurphy AT_TOWSON	410-704-2512
Sara Rosenquist	Health Center	srosenquist AT_TOWSON	410-704-2512
Olivia Rosner	Health Center	orosner AT_TOWSON	410-704-2512
Suzanne Caccamese	Health Center	scaccamese AT_TOWSON	410-704-2466
Rocela Lopez	Health Center	rlopez AT_TOWSON	410-704-2466
Holly Schlossenberg	Health Center	hschlossenberg AT_TOWSON	410-704-2466
Vasilia Hangemanole	Health Center	vhangemanole AT_TOWSON	410-704-2466
Linda Sindler	Health Center	lsindler AT_TOWSON	410-704-2466
Olivia Brownley	Health Center	obrownley AT_TOWSON	410-704-2466
Barbara Argyros	Health Center	bargyros AT_TOWSON	410-704-2466
Hanita Chhabra	Health Center	hchhabra AT_TOWSON	410-704-2466
Kaye-De-Ann Rattray	Health Center	krattray AT_TOWSON	410-704-2466
Jaclyn Buss	Health Center	jbuss AT_TOWSON	410-704-2466
Shelley Gephardt	Health Center	sthrasher AT_TOWSON	410-704-2466
Diane Way	Health Center	dway AT_TOWSON	410-704-2466
Cynthia Slack	Health Center	cslack AT_TOWSON	410-704-2466
Jessica Scovens	Health Center	jscovens AT_TOWSON	410-704-2466
Chardanay Gardner	Health Center	chardanaygardner AT_TOWSON	410-704-2466

Appendix B

The following is a list of Employees with Authority to institute corrective measures or who are responsible for administrative leadership, teaching, or advising:

1. All University Vice Presidents;
2. Title IX Coordinator; 
3. Deputy Title IX Coordinator for Athletics;
4. Dean of Students; 
5. All OIIE staff;
6. All Non-Confidential Employees acting in their supervisory roles;
7. Faculty members;
8. Athletic coaches;
9. University law enforcement;
10. Housing and Residence Life staff; and
11. Orientation leaders assisting incoming students.

Appendix C: List of Resources — Sex Discrimination, Sex-Based Harassment, and Retaliation (Title IX)

On-Campus

SAPE — Sexual Assault Prevention Educators
Peer educators trained to provide accurate, accessible, and helpful information on sexual violence in our communities.
8000 York Road
Towson, MD 21252-0001
Hours: Monday – Friday, 8 a.m.-5 p.m.
Phone: 410-704-2466
Email: healthcenter AT_TOWSON 

SOS — Student Outreach Support
Student Outreach and Support (SOS) promotes student success by accompanying students through life challenges and connecting them with university and community resources. 
7720 York Road
Towson, MD 21204 Room 2133
Hours: Monday – Friday, 8 a.m.-5 p.m.
Phone: 410-704-4462
Email: sos AT_TOWSON 

Towson University Counseling Center at Ward and West Hall
8000 York Road
Towson, MD 21252-0001
Hours: Monday – Friday, 8 a.m.-5 p.m., except for lunch, 12:00 p.m. to 1 p.m.
Schedule in-person same-day appointments online
Phone: (410) 704-2512, Immediate crisis support available by phone after hours
Email: counseling AT_TOWSON 

Towson University Health Center at Ward and West Hall
8000 York Road
Towson, MD 21252-0001
Hours: Monday – Friday, 8 a.m.-5 p.m.
Phone: (410) 704-2466
Email: healthcenter AT_TOWSON 

Towson University Police Department 
8000 York Road
Towson, MD 21252-0001
Main Office: General Public Safety Building Investigations Unit: Public Safety Building
Administrative Hours: Monday - Friday, 8 a.m. - 5 p.m. Patrol Operations Hours: 24 hours a day, seven days a week Emergency Phone: (410) 704-4444
Non-Emergency Phone: (410) 404-2134
Fax: (410) 704-2976
E-mail: police AT_TOWSON 

Off-Campus

CASA, Inc. — Citizens Assisting and Sheltering the Abused
116 West Baltimore Street
Hagerstown, MD 21740
24 Hour Crisis Line: (301) 739-8975
Phone: (301) 739-4990
Home page: https://www.casainc.org/ 

Greater Baltimore Medical Center Safe Program (Offers SAFE exams)
6701 N. Charles Street
Towson, MD 21204
Help Line: (443) 849-3323
Main Phone: (443) 849-2000
TTY: (800) 735-2258
Home page: https://www.gbmc.org/services/safe-and-dv-program/ 

MCASA — Maryland Coalition Against Sexual Assault
P.O. Box 8782
Silver Spring, MD 20907 Phone: (301) 328-7023
Toll Free: (800) 983-7273
Email: info@mcasa.org
Home page: https://mcasa.org/ 

Mercy Medical Center bMoreSafe (Offers SAFE exam)
345 St Paul Pl.
Baltimore, MD 21202
Phone: (410) 332-9494
Email: bMOREsafe@mdmercy.com
Home page: https://bmoresafemercy.org/ 

Police

Baltimore City Police
For emergencies/crimes in progress: 911
Non-emergency police response: 311 or (443) 236-2220 option 2 if outside the city
Main number: (410) 396-2525
Homepage: http://www.baltimorepolice.org
Contact page: https://www.baltimorepolice.org/contact-baltimore-police-department 

Baltimore County Police
For emergencies/crimes in progress: 911
Non-emergency police response: (410) 887-2214 / (410) 821-8887 (fax)
Public Safety Building 
700 E. Joppa Road 
Towson, Maryland 21286
Email: bcopd@baltimorecountymd.gov
Home page: http://www.baltimorecountymd.gov/Agencies/police/ 

Harford County Police:
For emergencies/crimes in progress: 911
45 South Main Street
Bel Air, MD 21014
Main number: (410) 838-6600
Fax: (410) 879-2782
Home page: https://harfordsheriff.org

Montgomery County Police
For emergencies/crimes in progress: 911 
Public Safety Headquarters 
100 Edison Park Drive 
Gaithersburg, MD 20878
Main number: (301) 279-8000
Home page: https://www.montgomerycountymd.gov/pol/  

Washington County Police:
For emergencies/crimes in progress: 911 
50 N Burhans Blvd. 
Hagerstown, MD 21740
Main number: (301) 790-3700
Fax: (301) 733-5513
Home page: http://www.hagerstownmd.org/141/Police

Off-Campus

SALi — Sexual Assault Legal Institute
P.O. Box 8782
Silver Spring, MD 20907 Phone: (301) 565-2277
Toll Free: (877) 496-7254
Home page: https://mcasa.org/survivors/sali

SARC — Sexual Assault/Spouse Abuse Resource Center
20 N Main St.
Bel Air, MD 21014 
24 Hour Phone: (410) 836-8430
Phone: (410) 836-8431
Email: info@sarc-maryland.org
Home page: https://www.sarc-maryland.org/ 

Trauma Services — Sexual Assault/ Domestic Violence/ General Crime
1301 Piccard Drive
Suite 4100
Rockville, MD 20850
Shelter Line: (240) 777-4000
24 Hour Crisis Line: (240) 777-4357
Main Crisis Center Phone: (240) 777-1355
TTY: (240) 777-1347
Email: vasap@montgomerycountymd.gov
Home page: https://www.montgomerycountymd.gov/hhs/ 

TurnAround, Inc.
Works to support survivors of domestic abuse and sexual assault through a variety of legal and social services.
8503 LaSalle Rd., 2nd Floor
Towson, MD 21286
Phone: (410) 377-8111
After Hours Crisis Line: (443) 279-0379
Fax: (410)-377-6806
Email: info@tumaroundinc.org
Home page: https://www.turnaroundinc.org/

Additional Resources

U.S. Department of Education Office for Civil Rights
Philadelphia Office for Civil Rights
U.S. Department of Education, the Wanamaker Building 100
Penn Square East, Suite 515
Philadelphia, PA 19107-3323

Phone: 215-656-8541 Fax: 215-656-8605
TTD: 800-877-8339
Email: OCR.Philadelphia@ed.gov 

Information is also available on OCR's webpage at https://ocrcas.ed.gov/contact-ocr?field_state_value=679 

If you wish to file a discrimination complaint with OCR, you can use the online complaint form available at http://www2.ed.gov/about/offices/list/ocr/complaintintro.html 

OCR also has a complaint portal at https://ocrportal.hhs.gov/ocr/portal/lobby.jsf 

U.S. Equal Employment Opportunity Commission
Baltimore Field Office
GH Fallon Federal Building 31 
Hopkins Plaza suite 1432 
Baltimore, MD 21201 
Phone: 1-800-669-4000/ (410) 801-6685
Fax: (443) 992-7880
TTY: 1-800-669-6820
ASL Video Phone: 844-234-5122
Email: BFOContact@eeoc.gov 

If you wish to file an employment discrimination charge with the EEOC, you may use the online complaint available at https://www.eeoc.gov/field/baltimore/charge.cfm