Grievance Procedures

Grievance procedures for the resolution of sex discrimination, sex-based harassment, and retaliation complaints regarding incidents that allegedly occurred on or after August 1, 2024.

I. Purpose

These Grievance Procedures set forth Towson University’s (“University” or “TU”) administrative response to allegations or occurrences of Sex Discrimination, Sex-Based Harassment, and Retaliation under TU Policy 06-01.60- Policy on Sex Discrimination, Harassment, and Retaliation (the “Policy”). Please refer to the Policy for all definitions, which are explicitly incorporated herein by reference.

These Procedures provide for participation by both the Complainant and Respondent to any incident of alleged Sex Discrimination, Sex-Based Harassment, and Retaliation and also recognize their right to decline to participate in that process, including, without limitation, an Investigation. In the event of a conflict between these Procedures and the Policy, the Policy shall govern. These Grievance Procedures are only applicable to alleged incidents that occur on or after August 1, 2024. For alleged incidents occurring prior to August 1, 2024, the Policy and Grievance Procedures in place at the time of the alleged incident apply.

Information about University programs that can identify resources for victims as well as promote awareness and prevention of Sex Discrimination, Sex-Based Harassment, and Retaliation are available at the www.towson.edu/TitleIX website.

II. Reporting

A. Reporting to the University

The University must receive notice to respond effectively and prevent Sexual Discrimination (including Sex-Based Harassment) in the University community. Any person, including, but not limited to, the Complainant, may inform the University of allegations of Sex Discrimination, Sex-Based Harassment, or Retaliation against a Student, Staff member, Faculty member, or Third Party in the following ways:

  1. Contact the Title IX Coordinator/Designee at the Office of Inclusion & Institutional Equity (“OIIE”):
    1. Submit a Report Form
    2. In-person or via regular mail: Administrative Building (AD 2210) 7720 York Road Towson, Maryland 21252
    3. Telephone: (410) 704-0203; or
    4. Email: 
  2. Contact Towson University Police Department (“TUPD”):
    1. Main Office: General Public Safety Building Investigations Unit: Public Safety Building Administrative Hours: Monday - Friday, 8 a.m. - 5 p.m.
    2. Patrol Operations Hours: 24 hours a day, seven days a week Emergency Phone: (410) 704-4444
    3. Business Phone: (410) 704-2505; Fax: (410) 704-2976
    4. E-mail:

As described above, reports or complaints of Sex Discrimination, Sex-Based Harassment, or Retaliation may be submitted online, verbally or in writing at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator. No particular method or format is required. A report or complaint should include as much pertinent information as possible (e.g., the time and place of the incident, a complete description of what occurred, the identity or a description of the Complainant (if known), the names of potential witnesses (if known), etc.). Sex Discrimination, Sex-Based Harassment, and Retaliation may also be reported anonymously. Such anonymous reporting, however, may limit the University’s ability to address the alleged Policy violation, to prevent its reoccurrence or to reduce its effects.

Upon receipt of any report or complaint of Sex Discrimination, Sex-Based Harassment, or Retaliation, the Title IX Coordinator/Designee will make an immediate assessment of the risk of harm to the parties or to the University community and will take steps necessary to address any risks. These steps may include working with other campus offices to facilitate Supportive Measures designed to promote the safety of the parties and the University community.

The University recognizes that while certain employees have a duty to report Title IX violations, a Complainant’s decision whether to report Sex Discrimination, Sex-Based Harassment, or Retaliation, and participate in an Investigation is a personal decision that may evolve over time. While prompt reporting is strongly encouraged, there is no time limit for reporting Sex Discrimination, Sex-Based Harassment, or Retaliation. The Title IX Coordinator/Designee will coordinate with appropriate University departments and offices to provide support and assistance to each Complainant in making important decisions related to reports of Sex Discrimination, Sex-Based Harassment, and Retaliation.

Consistent with the goal of safety for all community members, the University works to respect a Complainant’s autonomy in making their own personal decisions after reporting Sex Discrimination or Sex-Based Harassment. While a complaint of Sex Discrimination or Sex-Based Harassment may be filed at any time; delay in reporting may limit the ability of OIIE to comprehensively investigate a complaint of Sex Discrimination, Sex-Based Harassment, or Retaliation.

B. Right to Report or Decline to Report to Law Enforcement

The University encourages those in an emergency situation, including when they have experienced or witnessed Criminal Sexual Misconduct, to call 911. A person who has experienced or witnessed Criminal Sexual Misconduct may also choose to make a report to the University to pursue resolution under these Grievance Procedures or make a report. Contact Towson University Police (“TUPD”) at (410) 704-4444 or other local law enforcement.

In appropriate circumstances, the Title IX Coordinator/Designee can assist someone with the notification process. A Complainant/person who reports to law enforcement is strongly encouraged to also report to the University’s Title IX Coordinator/Designee. This allows the University to pursue appropriate and timely action. Please do not assume that law enforcement will necessarily notify University officials. Reporting to police and/or pursuing criminal charges are separate and distinct processes. The University’s process is not a law enforcement proceeding or civil or criminal legal proceeding.

C. Confidential Employees

As described in the Policy, a Confidential Employee is (1) any employee who is a licensed medical, clinical, or mental-health professional (i.e., physicians, nurses, physicians’ assistants, psychologists, marriage and family therapists, professional counselors, and social workers (and those performing services under their supervision) (“Health Care Providers”)) or pastoral care providers acting in their professional role in the provision of services; (2) any employee providing administrative, operational and/or related support for such Health Care Providers in their performance of such services or providing individual intake, advocacy, and referrals to clinical and counseling services; and (3) any individual acting in an approved confidential role as so designated by the Title IX Coordinator. A list of Confidential Employees may be found at Appendix A to the Policy.

Confidential Employees are not required to report any information regarding an incident of Sex Discrimination, Sex-Based Harassment, or Retaliation to the Title IX Coordinator, but must inform individuals who communicate information about conduct that may reasonably constitute Sex Discrimination, Sex-Based Harassment, or Retaliation 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 Sex-Based Harassment, or Retaliation, 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. They can also explain that the Policy protects against retaliation and the University works to respond appropriately to it and prevent its recurrence.

III. Process Upon Receipt of Allegations

Upon receipt of a report or complaint of Sex Discrimination, Sex-Based Harassment, or Retaliation, OIIE will ensure that the Complainant is provided with a copy of the Policy, informed of their rights and responsibilities, and given the opportunity to participate in an Intake Meeting with the Title IX Coordinator to discuss available options and resources. The Title IX Coordinator will promptly contact the Complainant to discuss the availability of Supportive Measures, consider the Complainant’s wishes with respect to Supportive Measures, inform the Complainant of the availability of Supportive Measures with or without the filing of a Complaint, and explain to the Complainant the process for filing a Complaint. More specifically:

  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 (or 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.

IV. Intake Meeting

During the Intake Meeting, the Title IX Coordinator will provide information about the Policy and these Procedures. The Title IX Coordinator will also review the Complainant’s rights and responsibilities associated with the process, including:

  • Right to seek medical treatment, if applicable (e.g., SAFE exam);
  • Right to file a report with law enforcement or decline to do so;
  • Right not to be retaliated against (including the University’s prohibition against retaliation);
  • Right to request privacy and provide input about the University’s forward action (including a potential investigation);
  • Right to have an Advisor, who may be, but is not required to be, an attorney, and a Support Person present during the process consistent with the Policy;
  • The process for filing a Complaint; and
  • Other additional rights and responsibilities based on the specific circumstances.

Based on the available information, the Title IX Coordinator will assess the Complainant’s immediate safety and well-being and make appropriate referrals (e.g., to medical care, mental health counseling, etc.). The Complainant will receive information about community and campus resources and services. Supportive Measures that are appropriate can be discussed and arranged. They will also have an opportunity to ask questions and seek additional information.

While the University cannot force a Complainant to meet with the Title IX Coordinator for an Intake Meeting, such a meeting enables the University to conduct a thorough Initial Review, described above, of the report/complaint and take appropriate action. Where a student does not wish to meet with the Title IX Coordinator, the University will proceed with assessing the report and determining whether additional action is necessary regardless of participation from the Complainant.

A. Request for Privacy

A Complainant may request that their name or other information be kept private and not disclosed to alleged Respondent or that no Complaint or disciplinary action be pursued to address the Sex Discrimination, Sex-Based Harassment, or Retaliation. The University evaluates such requests for privacy in light of its responsibility to provide a safe and secure environment.

While Anonymous Reports and Complaints are considered and the University respects privacy considerations, there are situations in which the University must override a request for privacy in order to meet its obligations. The University also must necessarily weigh the safety of the University Community and other factors, as noted above, in determining whether to proceed with an Investigation.

The University will maintain a confidential record of reports of Sex Discrimination, Sex-Based Harassment, or Retaliation and related evidence, documents, records, and information pertaining to the investigation and resolution of the complaints. The records will be maintained in accordance with applicable policies, procedures, and legal requirements. 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.

The University’s ability to fully investigate and respond to a Complaint may be limited if the Complainant requests that their name not be disclosed to the Respondent or declines to participate in the grievance process. If a Complainant requests their name or other identifiable information not be disclosed and/or that no further action be taken, the Title IX Coordinator will seek to honor such requests, balancing the Complainant’s wishes for privacy with the University’s obligation to provide a safe and non-discriminatory environment for all members of the University community.

B. Supportive Measures

Upon receiving a report of Sex Discrimination, Sex-Based Harassment, or Retaliation, the Title IX Coordinator may impose Supportive Measures to protect the University Community. After an initial report, the Title IX Coordinator shall, as appropriate, offer and implement reasonable Supportive Measures to all parties. Supportive Measures are reasonable actions offered on a case-by-case basis designed to support and meet the needs of the individuals involved relative to the specific allegations of Sex Discrimination, Sex-Based Harassment, or Retaliation in order to ensure their safety so that they may continue to access their education and/or workplace. Supportive Measures may be provided even if a Complainant does not ultimately file a Complaint resulting in an Investigation.

If a Complainant does not file a Complaint and Supportive Measures are instituted, the time period during which the Supportive Measures are provided shall be determined on a case-by-case basis within the discretion of OIIE.

The University applies Supportive Measures as appropriate to ensure an individual’s safety and well-being, as well as their ability to participate in campus academic and employment activities. Supportive Measures are not intended to be punitive nor are they intended to be permanent resolutions.

The Title IX Coordinator manages and oversees the provision of Supportive Measures on behalf of the University. The University will take appropriate, responsive, and prompt action to enforce Supportive Measures and to respond to any reports about the inadequacy or failure of another University community member to abide by the Supportive Measures. Supportive Measures may be withdrawn or amended by the Title IX Coordinator.

1. Examples of Supportive Measures

Possible Supportive Measures may include actions from the following list, which is not intended to be exhaustive or limit the options available in a given case:

  • Assistance with access or referral to counseling and medical services;
  • Rescheduling of exams and assignments;
  • Providing alternative course completion options;
  • Arranging for class incompletes, a leave of absence, or withdrawal;
  • University-imposed leave or suspension;
  • Imposition of a campus “No-Contact Order”;
  • Imposition of a campus “Denial of Access” issued by TUPD;
  • Change in class schedule, including the ability to drop a course without penalty or to transfer sections;
  • Change in work schedule or job assignment. 

2. Administrative Leave for Staff or Faculty

After an individualized safety and risk analysis, a Staff or Faculty Respondent may be placed on an Administrative Leave or may be restricted from University Property (Denial of Access) as a Supportive Measure 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 decision. An “Administrative Leave” is defined consistent with applicable University policies and procedures outlining disciplinary actions against staff and faculty.

In cases involving an allegation of Sex Discrimination, Sex-Based Harassment, or Retaliation against a staff or faculty member, Administrative Leave may be initiated by the Office of Human Resources, Provost, or a designee, in consultation with the Office of the Vice President and General Counsel and the Title IX Coordinator.

3. Emergency Suspension for Students

After an individualized safety and risk assessment, a student Respondent may be placed on an Emergency Suspension or otherwise restricted from University Property as a Supportive Measure where the Respondent poses an immediate and serious 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 decision. An Emergency Suspension may also be referred to as an “Interim Suspension.” For the purposes of these Student Procedures, “Emergency Suspension” is defined consistent with the Code of Student Accountability.

V. Filing a Complaint

  1. A “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 Sex Discrimination, Sex-Based Harassment, or Retaliation.
  2. A Complaint of Sex-Based Harassment may be made by:
    1. A Complainant
    2. A parent, guardian, or other authorized legal representative with the legal right to act on behalf of the complainant; or
    3. The Title IX Coordinator.
  3. A Complaint of Sex Discrimination (not including Sex-Based Harassment) or a Complaint of Retaliation may be made by:
    1. Any of the individuals identified in Section B;
    2. Any student or employee; or
    3. Any person other than a student or employee who was participating or attempting to participate in a University education program or activity at the time of the alleged Sex Discrimination.
  4. A Complaint of Sex Discrimination, Sex-Based Harassment, or Retaliation may be made:
    1. By submitting a Report Form
    2. In-person or via regular mail: Administrative Building (AD 2210) 7720 York Road Towson, Maryland 21252
    3. Telephone: (410) 704-0203; or
    4. Email:
  5. Consolidation of Complaints. The University may consolidate Complaints of Sex Discrimination, Sex-Based Harassment, or Retaliation against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party, where the allegations arise out of the same facts and circumstances.

VI. Dismissal of Complaints

  1. The University may dismiss a Complaint for any of the following reasons:
    1. The individual alleged to be the victim of conduct that could constitute Sex-Discrimination, Sex-Based Harassment, or Retaliation is not a University Student or Employee or an individual who was participating or attempting to participate in an Education Program or Activity of the University at the time of the alleged incident.
    2. The University is unable to identify the Respondent after taking reasonable steps to do so.
    3. The Respondent is not participating in the Education Program or Activity or is not employed by the University.
    4. The Complainant voluntarily withdraws any or all of the allegations in the Complaint, the Title IX Coordinator declines to initiate a Complaint on behalf of the University, and the University determines that without the Complainant’s withdrawn allegations any conduct that remains would not constitute Sex Discrimination Sex-Based Harassment, or Retaliation, if proven. For Complainants regarding Sex-Based Harassment, the University must obtain the Complainant’s voluntary withdrawal in writing.
    5. The University determines that the conduct alleged, if proven, would not constitute Sex Discrimination, Sex-Based Harassment, or Retaliation after taking reasonable steps to clarify the allegations with the Complainant.
  2. Upon dismissal, the University will promptly notify the Complainant in writing of the basis of the dismissal and the opportunity to appeal.
  3. Upon dismissal, if the dismissal occurs after the Respondent has been notified of the allegations, the University will notify the Complainant and Respondent simultaneously in writing of the basis of the dismissal and the opportunity to appeal.
  4. The procedures and basis for appealing the dismissal of a complaint may be found in Section XI.I-K below.
  5. If a dismissal is appealed, the University must:
    1. Notify the parties, including providing a Notice of Allegations to the Respondent if not previously notified.
    2. Implement appeal procedures equally for the parties;
    3. Ensure that the appeal decision-maker has received training and did not participate in the investigation or dismissal;
    4. Provide the parties a reasonable and equal opportunity to make a statement in support of or challenging the outcome; and
    5. Notify the parties of the result of the appeal and the basis for the result.
  6. Upon dismissal, the Title IX Coordinator must offer Supportive Measures to Complainant or Respondent, as appropriate.
  7. Upon dismissal, the Title IX Coordinator must take appropriate and prompt steps to ensure that Sex Discrimination does not continue or recur. 

VII. Notice of Allegations

Upon receipt and after evaluation of a Complaint, OIIE will promptly provide written notice to all parties who are known:

  1. Of the Policy and these Grievance Procedures, including any informal resolution process;
  2. Of the allegation(s) of Sex Discrimination, Sex-Based Harassment, or Retaliation, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview.
    1. “Sufficient details” include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Sex Discrimination, Sex-Based Harassment, or Retaliation and the date and location of the alleged incident, if known;
  3. Of a statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
  4. That the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence; and if the University provides a description of the evidence, the parties are entitled to an equal opportunity to access to the relevant and not otherwise impermissible evidence upon the request of any party;
  5. That the parties may have an Advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence;
  6. That the parties may have a Support Person of their choice;
  7. That retaliation is prohibited;
  8. That knowingly making false statements or knowingly submitting false information during the grievance process is prohibited;
  9. That if the University decides to investigate additional allegations not included in the original notice, it must provide notice of the additional allegations to the parties whose identities are known; and
  10. That the parties may attend (separately) an initial meeting with an OIIE Investigator. At this meeting, the parties may ask the Investigator questions and learn more about the grievance processes. The University may proceed with an Investigation regardless of whether a party decides to attend an initial meeting.

VIII. Participation

Throughout the process, the Title IX Coordinator, Investigator(s), and other University representatives will communicate and correspond directly with the Parties. The Parties are responsible for ensuring that their Advisor and/or Support Person acts consistent with the definition of an Advisor and Support Person set forth in the Policy and the rules and expectations provided below. Parties are also responsible for making sure appropriate authorization exists (e.g., authorization related to the Family Educational Rights and Privacy Act (“FERPA”)) for the University to communicate the non-party participation requirements below to any Advisor or Support Person.

A. Advisors and Support Persons

Both a Complainant (the person who is alleged to be the victim of prohibited conduct) and a Respondent (the person reported to have engaged in the prohibited conduct) are given the opportunity to have support or advice through the process. Both parties may have up to two individuals accompany them to any meetings, interviews, or hearings related to the matter – one (1) Advisor and one (1) Support Person. A party must provide the Title IX Coordinator with full name and contact information (physical and email address) of their Advisor and/or Support Person in advance of any meeting or proceeding. All Advisors and Support Persons must closely review the University’s Policy on Sex Discrimination, Sex-Based Harassment, and Retaliation and these Grievance Procedures. The Policy prohibits retaliation against any individuals filing a complaint or participating in the investigation of the complaint. Advisors and Support Persons are also protected by and subject to this retaliation prohibition. This means an Advisor or Support Person may not retaliate against any person participating in this process, nor can anyone retaliate against an Advisor or Support Person. To report possible Retaliation, please contact the Title IX Coordinator at .

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.

  1. Rules and expectations regarding the role of the Advisor:
    1. The 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 individual, and who may inspect and review evidence directly related to the allegations in the Complaint.
    2. The Advisor may not be someone who is otherwise involved in the situation which gave rise to the Complaint, such as someone who could become a witness. Similarly, in cases involving multiple parties, the Advisor cannot be another party.
    3. It is the responsibility of the Complainant and Respondent to present oral and written information in all meetings and proceedings on their own behalf. An Advisor may be present during any meeting or proceeding and may consult with their advisee quietly or in writing, or during breaks, but may not speak on behalf of the advisee to the Investigator or Decision Maker. An Advisor may not submit any written requests (including appeals) on behalf of a party. An Advisor may ask process-related questions of an Investigator or Decision Maker but may never ask questions of their advisee on the record during a meeting or proceeding, and may not offer facts or submit argument on behalf of their advisee.
    4. During a live hearing only, a party’s Advisor is permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. An Advisor is a party’s proxy during the hearing; the Advisor is not “representing” the party. The role of the Advisor is to relay their advisee’s desired questions to the other party and witnesses.
    5. Advisors are expected to handle themselves in a respectful and non-abusive manner during all proceedings. Examples of questioning that may be harassing or abusive include but are not limited to: (a) yelling or screaming at the other party or a witness; (b) standing and leaning into the other party’s or a witness’ personal space; or (c) asking argumentative questions designed to berate or belittle the other party or a witness.
    6. Advisors are not permitted to raise any objections, argue in support of a party’s position, or otherwise “represent” a party. Any questions posed by the Advisor to their advisee, or factual assertions or argument provided by the Advisor to an Investigator or Decision Maker will not be considered and will be redacted from the record.
    7. The University’s communication during the process will be primarily with the parties, not with the Advisor directly. The University will copy an Advisor on communications if requested by the party. A Complainant or Respondent may use different Advisor(s) at various stages in the process, especially if their chosen individual cannot be available for a scheduled meeting, interview, or hearing. The University will work to reasonably accommodate the Advisors’ schedules, but will not unnecessarily delay the process due to the Advisors’ conflicts.
    8. This grievance process involves an alleged violation of University policy and is not a criminal or legal proceeding. Formal legal rules, including, but not limited to, any rules of evidence and procedure, are not applicable.
    9. An Advisor may be removed or replaced if they unreasonably delay the process, and/or their presence is disruptive, obstructive, or otherwise interferes with the University’s handling of the matter. In such a case, the Complainant or Respondent may seek another Advisor.
  1. Rules and expectations regarding the role of a Support Person:
    1. The Support Person is someone other than an Advisor whose presence provides support to a party, and who is permitted to accompany a party in meetings and proceedings. Examples include, but are not limited to, a family member, friend, faculty member or staff member.
    2. The Support Person may not speak on behalf of the Complainant or Respondent, directly participate in the proceedings, or submit any written requests (including appeals) on behalf of the individual.
    3. The Support Person may not be someone who is otherwise involved in the situation which gave rise to the complaint, such as someone who could become a witness. Similarly, in cases involving multiple parties, the Support person cannot be a party.
    4. A Support Person may be removed or replaced if they unreasonably delay the process, and/or their presence is disruptive, obstructive, or otherwise interferes with the University’s handling of the matter. In such a case, the Complainant or Respondent may seek another Support Person.

B. Witnesses

Witnesses are individuals who have relevant factual information about an alleged violation of Policy. The University expects witnesses to provide true and accurate information. Anyone can be a witness if they have relevant information. All witnesses, including the Complainant and Respondent, are expected to respond to questions during any meeting or proceeding on their own behalf. Witnesses should understand that some evidence may not be deemed relevant to an alleged Policy violation and therefore excluded from consideration. Witnesses are also protected from retaliation.

C. Informal Resolution Process

At any time prior to reaching a determination regarding responsibility, the University may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that the University:

  1. Obtains the Parties’ voluntary, written consent to proceed with the informal resolution process. A University may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of Complaints of Sex Discrimination.
  2. May not require the parties to participate in an informal resolution process.
  3. Provides the parties a written notice disclosing:
    1. the allegations;
    2. the requirements of the informal resolution process including that at any time prior to the parties’ agreement to a resolution, any party may withdraw from the informal resolution process and initiate grievance procedures;
    3. that the parties’ agreement to a resolution at the conclusion of the informal resolution process precludes the parties from initiating or resuming grievance procedures arising from the same allegations;
    4. the potential terms that may be requested or offered in an informal resolution agreement, including a notice that the agreement is binding only on the parties; and
    5. what information will be maintained by the University and how the University could disclose such information for use in grievance procedures, if initiated or resumed.
  4. Does not offer or facilitate an informal resolution process to resolve allegations of Sexual Assault or Sexual Coercion.
  5. Does not use the same facilitator for informal resolution to investigate or decide a matter under the grievance procedures.
  6. Requires that any person designated to facilitate an informal resolution process must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

IX. Investigation

A. Investigative Process

An Investigation is an impartial, fact-gathering process. It is intended to provide the parties an opportunity to share their perspectives and identify information they believe relevant to the allegations of Sex Discrimination, Sex-Based Harassment, or Retaliation.

The Title IX Coordinator/Designee will designate an Investigator(s) to conduct a prompt, thorough, fair, and impartial investigation. The Investigator will conduct live interviews of the parties and/or witnesses separately. They will also gather physical evidence, such as documents, communications (including correspondence, email, text messages, social media, or other digital information), recordings (including audio and video), and other records, as appropriate and available. The Investigator is also responsible for drafting the investigative report that fairly summarizes the relevant evidence.

B. Evidence

  1. Each party and their Advisor will have an equal opportunity to access relevant and not otherwise Impermissible Evidence. Where Evidence may include confidential personnel information of non-party individuals or confidential personnel information of a party that is irrelevant to the underlying allegation(s), such confidential personnel information will be redacted or withheld from the evidence provided to the Parties. Where there is a live hearing, the parties will be provided an opportunity to review evidence in advance of the hearing. Formal legal rules, including, but not limited to, any rules of evidence and procedure, are not applicable to University Grievance Procedures.
  2. Relevant Evidence: is both inculpatory and exculpatory evidence used to determine if the Respondent is responsible for a policy violation. 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.
  3. Impermissible Evidence. The University may not elicit, consider, require, rely upon, allow, disclose, or otherwise use any of the following as evidence (Impermissible Evidence), regardless of whether they are relevant:
    1. Information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege;
    2. Records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the treatment of a party or witness, unless the University obtains that party’s or witness’s voluntary, written consent to do so;
    3. A Student’s history of mental health counseling, treatment, or diagnosis, unless the Student consents;
    4. Evidence relating to a Complainant’s sexual interests or prior sexual conduct, except the following is permitted:
      1. Evidence about the Complainant’s prior sexual conduct that is offered to prove that someone other than the Respondent committed the alleged conduct; or
      2. Evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to alleged Sex-Based Harassment. The fact of prior consensual sexual conduct between Complainant and Respondent does not by itself demonstrate or imply that the Complainant’s consent occurred in the events alleged.
  4. Expert witnesses. The Investigator has discretion to determine whether the parties may present expert testimony as long as the determination applies equally to both parties.

C. Investigative Report

At the conclusion of the Investigation, the Investigator will create a written Draft Investigative Report summarizing the relevant evidence gathered during the investigation.

Prior to the completion of the Final Investigative Report, the Investigator will send to each party and the party’s Advisor, if any, the draft investigation report and the evidence subject to inspection and review in electronic format or hard copy, and the parties will have ten (10) calendar days from the date notice is sent to submit a written response, which the Investigator will consider prior to completion of the final investigative report.

After receipt of any written response to the evidence, the Investigator will create a Final Investigative Report that fairly summarizes relevant evidence. The Final Investigative report will be sent in electronic format or hard copy to each party and the party’s advisor, if any, at least ten (10) calendar days prior to a hearing or other time of determination regarding responsibility.

X. Determination, Sanctions, and Appeals Regarding Allegations of Sex Discrimination (other than Sex-Based Harassment) and Allegations of Retaliation

A. Determination of Responsibility

  1. Where the Respondent is a Student, OIIE will forward a copy of its Investigation Report to the Office of Student Accountability & Restorative Practices (SARP) for adjudication in accordance with the Code of Student Accountability. SARP will appoint a Decision Maker(s) consistent with the Code of Student Accountability.
  2. Where the Respondent is Staff or Faculty, the Investigator will serve as the Decision Maker and will evaluate the final Investigation Report, make findings of fact, analyze those facts, and issue a notice of findings to both parties and appropriate University administrators.

B. Evaluation:

The Decision Maker will evaluate the relevant and not otherwise impermissible evidence for its persuasiveness. Where credibility is both in dispute and relevant to evaluating one or more of the allegations, the Decision Maker must attempt to question the parties and witnesses to adequately assess a party’s or witness’s credibility; if the decision maker is not persuaded by a preponderance of the evidence that Sex Discrimination or Retaliation occurred, whatever the quantity of evidence, the decisionmaker must not determine that a Policy violation occurred.

C. Written Determination:

The Decision Maker will provide the parties with a written determination of whether Sex Discrimination or Retaliation occurred, including the rationale for the determination, and the procedures and permissible bases for the Complainant and Respondent to appeal the decision.

D. Appeals of Written Determination

  1. Where the Respondent is a student, a party may appeal a SARP written determination regarding a violation of the Policy in accordance with the procedures set forth in the Code of Student Accountability.
  2. Where the Respondent is staff or faculty, a party may appeal an OIIE written determination regarding a violation of the Policy.
    1. A party must submit a written statement of their intent to appeal and the specific grounds for appeal within ten (10) business days of the date of receipt of the written determination to OIIE at . The appeal must specifically state the basis for appeal and include relevant supporting documentation. The party appealing must address the central issue of the appeal directly, as irrelevant information will not be considered.
    2. The appealing party has the burden of proof, and the standard of proof is preponderance of the evidence. Appeals are not intended to allow for a review of the entire investigation, with the exception of new evidence. Dissatisfaction with a finding or sanction is not a valid basis for appeal. Either party may appeal an OIIE written determination on the following grounds only:
      1. Procedural irregularity that would change the outcome;
      2. New evidence that was not reasonably available at the time the determination of responsibility was made, that could affect the outcome of the matter; and/or
      3. The Title IX Coordinator, Investigator(s), or Decision Maker had a conflict of interest or bias for or against Complainants or Respondents generally or individual Complainant or Respondent that affected the outcome.
    3. If an appeal is received by OIIE, the other party will be notified and given ten (10) business days to submit a written response. All appeals and responses shall include the party’s name and contact information. All appeal documents submitted by a party will be shared with the other party. If neither party submits an appeal, the decision will be considered final ten (10) business days after the last date either party received the findings. Appeals submitted after ten (10) business days shall be denied, except upon a showing of good cause.
    4. The Vice President of Inclusion and Institutional Equity will review the written record, including the investigation report and the parties’ appeal documents. The parties are not entitled to a hearing or meeting with the Vice President. The Vice President will issue a written decision, including a summary of their rationale and:
      1. Deny the appeal (including for failure to meet a deadline or comply with these procedures);
      2. uphold OIIE’s original finding;
      3. Reject and reverse OIIE’s original finding; or
      4. Send the case back to an alternate investigator with specific directions to reconsider the original finding.
    5. Decisions regarding appeals are typically made within fifteen (15) business days after receipt of all necessary documentation. OIIE will forward a copy of the written decision to the parties and to appropriate University administrators. The Vice President of Inclusion and Institutional Equity’s decision is final.

E. Sanctions:

If there is a determination that Sex Discrimination or Retaliation has occurred, as appropriate, the Title IX Coordinator will coordinate the implementation of remedies, coordinate the imposition of any disciplinary sanctions, including, if permissible, notification to the Complainant of any disciplinary sanctions imposed upon the Respondent, and take other prompt and appropriate steps to ensure that the Sex Discrimination or Retaliation does not continue or recur. Depending on the severity of the Policy violation, examples of the range of sanctions for Students, Staff, and Faculty made be found in Section XII of the Policy.

  1. With respect to Student Respondents, the Director of the SARP, in accordance with the provisions of the Code of Student Accountability, is responsible for imposing disciplinary action. Discipline that impacts a student’s status with the University is subject to the approval of the Office of Student Affairs. Failure to comply with any sanctions may result in further disciplinary action that could impact a student’s disciplinary status with the University. Factors considered in sanctioning are defined in the University Code of Student Accountability and other applicable University Policies and Procedures. The University imposes sanctions consistent with the Code of Student Accountability.
  2. With respect to Staff Respondents, any disciplinary action or corrective measures will be imposed by the appropriate supervisor, in consultation with the Office of Human Resources, OIIE, and other relevant administrators, as needed. Staff may grieve discipline imposed as a result of a violation of this Policy in accordance with their respective grievance rights. See USM Policies VII-08.00 (Policy on Grievances for Nonexempt and Exempt Staff Employees) and VII-08.05 (Policy on Grievances for Regular Exempt Employees).
  3. With respect to Faculty Respondents, disciplinary action or corrective measures will be imposed by the appropriate supervisors, in consultation with the Office of the Provost, OIIE, and other relevant administrators, as needed. Faculty may grieve discipline imposed as a result of a violation of this Policy in accordance with their respective grievance rights under TU Policy 02-04.00 – Responsibilities and Procedures of the Faculty Grievance and Mediation Committee and the Faculty Hearing Committee.

XI. Determination, Sanctions, and Appeals Regarding Allegations of Sex-Based Harassment

A. Determination of Responsibility

Where the underlying allegation in the complaint includes conduct that may constitute Sex-Based Harassment, the Title IX Coordinator will forward a copy of the Final Investigative Report and relevant evidence to a Hearing Officer, who will conduct a live hearing.

B. Live Hearing

The live hearing will take place virtually in front a Hearing Officer that will determine whether, by a preponderance of the evidence, Sex-Based Harassment occurred. The Hearing Officer, who cannot be the same person as the Title IX Coordinator or an Investigator, will be a trained faculty, staff, administrator, and/or third-party. The Hearing Officer shall facilitate the hearing; verbally exclude non-relevant questions and testimony during the hearing; verbally exclude consideration of any Impermissible Evidence and take reasonable steps to maintain order and decorum. The Hearing Officer will also review the Investigative Report, along with the relevant evidence relied upon in the Investigative Report, will determine credibility of the parties and witnesses, and may ask questions of the parties and witnesses during the hearing.

C. Notice of Hearing

The Title IX Coordinator will provide a written Notice of Hearing to all parties simultaneously at least ten (10) calendar days prior to the hearing, which will include the purpose of the hearing, the name of the Hearing Officer, the participants (including witnesses), the date, time and location of any pre-hearing conference, and the date, time and location of the live hearing. Within 24 hours of receipt of the notice, either party (not an Advisor or Support Person) may assert to the Title IX Coordinator, in writing, that the Hearing Officer has a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. If the Title IX Coordinator determines that such a conflict or bias exists, the Title IX Coordinator will replace the Hearing Officer with an alternate. The Title IX Coordinator’s decision is final. A written Notice of Hearing, including the purpose of the hearing and the date, location, and time, will also be provided to all witnesses expected to testify during the live hearing.

D. Pre-hearing Conference:

The Title IX Coordinator may, in their discretion, coordinate a pre-hearing conference that includes the Hearing Officer and the parties and the parties’ Advisors (and Support Persons, if any). During the pre-hearing conference, if any, the Hearing Officer will:

  1. Hear and rule on any evidentiary challenges raised by parties;
  2. Identify witnesses who will appear at the hearing;
  3. Review any pre-submitted cross-examination question for relevance;
  4. Conduct an overview of rules and procedures for the hearing;
  5. Answer hearing process-related questions;
  6. Address requests for an accommodation due to a disability; and
  7. Test any technology to be used during the hearing.

E. Hearing Procedure

  1. The live hearing will begin at the pre-scheduled time and be conducted virtually with the assistance of the Title IX Coordinator. Hearings are not open to the public.
  2. The Hearing Officer will convene the hearing by virtually connecting with the parties and their Advisors and/or Support Persons.
  3. Witnesses will report remotely via email or other electronic means to the Hearing Officer. At the appropriate time during the hearing, the Hearing Officer or Title IX Coordinator will remotely notify witnesses via email or other electronic means when they will be permitted virtually connect into the hearing to provide testimony.
  4. The parties must each be accompanied by one Advisor, who may or may not be an attorney, for the purpose of cross-examining the other party and witnesses.
  5. The Hearing Officer will provide to the parties and their Advisor (and Support Person, if any) a brief overview of the hearing process and expectations for conduct during the hearing.
  6. The parties and their Advisors (and Support Person, if any) must agree to abide by those expectations or risk removal from the hearing. Expectations for Advisors and Support Persons may be found in the Policy and Section VIII.A above. If an Advisor is removed for failure to abide by the hearing rules, the hearing will continue after a new Advisor is appointed by the University, who may or may not be an attorney.
  7. The parties and all witnesses will testify in front of the Hearing Officer virtually. The parties will be able to view the testimony of each other and non-party witnesses virtually.
  8. Non-party witnesses will not be present for or hear the testimony of each other or other witnesses.
  9. All witnesses, including the parties, are required to answer all questions on their own behalf.
  10. The Hearing Officer will ask the Complainant questions first, then the Respondent’s Advisor may ask questions of the Complainant. The Hearing Officer will next question the Respondent in the same manner allowing the Complainant’s advisor to then ask questions of Respondent. The Hearing Officer will next question each witness with an opportunity for Complainant’s advisor and then Respondent’s advisor to question the witness. After questioning has been completed, additional follow-up questions of the parties and witnesses will only be permitted at the discretion of the Hearing Officer.
  11. Parties are prohibited from questioning each other directly, and must do so through their Advisors, who will pose each question verbally to the Hearing Officer. Only relevant cross examination and other questions may be asked of a party or witness. The Hearing Officer will determine whether the question is relevant and/or seeks permissible evidence. If deemed relevant, the Hearing Officer will instruct the party or witness to answer; if deemed not relevant or otherwise seeks impermissible evidence, the Hearing Officer will instruct the party or witness not to answer the question and provide an explanation for the decision. The Hearing Officer’s decision on relevancy and/or impermissibility of evidence is final.
  12. The purpose of allowing the parties, through their Advisors, to question the other party and witnesses is to permit the parties to probe the credibility, plausibility and reliability of statements asserted by the parties/witnesses, and to provide an opportunity to bring out additional facts and details about the alleged incident(s). Advisors must engage in questioning that is relevant, respectful, non-intimidating and non-abusive.
  13. A party retains their right to have their advisor ask questions of the other party at the live hearing even if that party chooses not to appear at the hearing. If a party chooses not to attend the hearing, however, the Hearing Officer may choose to put less or no weight on the prior statements made by that party contained in the Investigative Report or other evidence gathered during the investigation.
  14. If either party or a witness fails to appear or stops participating before the conclusion of the hearing, the hearing will continue as scheduled, unless the Hearing Officer, in their sole discretion, determines the Hearing should be postponed for good cause.
  15. Upon completion of all testimony, each party, speaking on their own behalf, shall have five (5) minutes to provide a closing statement if they so choose. The Complainant will speak first followed by the Respondent. No reply will be permitted.
  16. The Hearing Officer will adjourn the hearing.

F. Evidence

  1. Both inculpatory and exculpatory evidence is admissible during the hearing, if such evidence is relevant.
  2. Evidence is relevant when a reasonable person would likely accept the information as having probative value about the underlying allegations.
  3. Questions that are irrelevant or seek to illicit Impermissible Evidence are prohibited.
  4. Hearing Officers must protect privileged information protected by state or federal law (e.g., FERPA, HIPPA, or Attorney-Client) unless the person holding the privilege waives the privilege.
  5. The Hearing Officer may consider statements made by the parties and witnesses during the investigation, emails or text exchanges between the parties leading up to the alleged Sex-Based Harassment, and statements about the alleged Sex-Based Harassment, if such evidence is relevant. The Hearing Officer may also consider police reports, Sexual Assault Nurse Examiner documents, medical reports, and other documents if such evidence is relevant even if those documents contain statements of a party or witness who does not respond to questions or attend the live hearing. The Hearing Officer may choose to place less or no weight upon previous statements by a party or witness who refuses to attend or to respond to questions deemed relevant and not impermissible during the hearing. A Hearing Officer may not, however, draw an inference about the decision regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer questions.
  6. The Hearing Officer shall have the discretion whether to allow evidence to be presented at the hearing that was not available during the investigatory process.

G. Written Determination

  1. Upon completion of the hearing, the Hearing Officer shall objectively evaluate and weigh the relevant and not otherwise impermissible evidence to determine the outcome based on a preponderance of the evidence (whether a policy violation is more than 50 percent likely to have occurred) and will issue a written determination that includes the finding and rationale.
  2. Where credibility of the parties is an issue in determining preponderance of evidence, the rationale will include an explanation of how the Hearing Officer resolved questions of credibility, including in those instances where a party failed to appear for the hearing or refused to answer questions at the hearing.
  3. If the Hearing Officer is not persuaded by a preponderance of the evidence that Sex-Based Harassment occurred, whatever the quantity of evidence, the Hearing Officer must not determine that a Policy violation occurred.
  4. If the Hearing Officer finds a Respondent responsible for a violation of the Policy, prior to the issuance of the written determination, the Hearing Officer will share the finding with the appropriate office (Student Respondent – Office of Student Accountability & Restorative Practices; Faculty Respondent- Office of the Provost; or Staff Respondent – Supervisor and Office of Human Resources) to determine the appropriate sanction to be included in the written determination.
  5. The written determination must include:
    1. The allegations of Sex-Based Harassment;
    2. A description of the procedural steps taken from receipt of the Complaint through determination (e.g., notification to parties, interviews with parties and witnesses, site visits, methods used to gather evidence, and hearing(s) held);
    3. An evaluation of the relevant and not otherwise impermissible evidence, including:
      1. Findings of fact supporting the determination; and
      2. Conclusions regarding the application of the Policy to the facts;
    4. Rationale regarding how the Hearing Officer resolved questions of credibility, if applicable;
    5. A statement of, and rationale for, the result as to each allegation, including a determination of responsibility, any disciplinary sanction imposed by the appropriate authority on the Respondent, and the remedies designed to restore or preserve equal access to the Complainant; and
    6. The procedures and permissible grounds for appeal.
  1. The Title IX Coordinator will distribute the Hearing Officer’s written determination to the parties simultaneously no later than fifteen (15) business days after conclusion of the hearing, unless good cause exists for an extension of time. The University will provide written notice of any extension and the reasons justifying good cause for the extension to both parties.
  2. An audio or audiovisual recording of the pre-hearing conference, if any, and the live hearing will be made available to the parties for inspection and review, upon request, within five (5) business days after the conclusion of the live hearing.

H. Sanctions

The University has discretion to tailor disciplinary sanctions to address specific situations and may use the disciplinary process as an educational tool rather than a punitive tool due to wide discretion to utilize informal resolution processes.

In determining the appropriate sanction(s), the University will examine a number of factors, including, but not limited to: (1) level of risk of harm to the community; (2) the nature and seriousness of the offense; (3) use of drugs or alcohol in the perpetration of the violation; (4) motivation underlying the Respondent’s behavior; and/or (5) the Respondent’s record of past misconduct, including prior violations of the same or similar type.

The range of possible disciplinary sanctions that the University may implement following any determination of responsibility for Student, Staff, and Faculty Respondents may be found in Section XI of the Policy.

I.  Remedial or Protective Interventions for Complainant

As appropriate, upon issuance of a written determination and, if applicable, issuance of sanctions, the Title IX Coordinator, in consultation with appropriate University departments, will identify reasonable short-term and/or long-term remedies to address the effects of the conduct on the Complainant, prevent its reoccurrence, restore the Complainant’s safety and well-being, and address the effects of this conduct in the educational workplace.

Both parties have the right to appeal a dismissal of a Complaint or any allegation therein, and any finding or sanction imposed as set forth below. Such appeals are heard consistent with these Procedures.

J.  Grounds for Appeal

Either party may appeal the dismissal of a Complaint or any allegations therein, and from a written determination regarding responsibility on the following grounds only:

  1. A procedural error or irregularity that affected the outcome;
  2. New evidence that was not reasonably available at the time the determination of responsibility or dismissal was made, that could affect the outcome of the matter; and/or
  3. The Title IX Coordinator, Investigator(s), or Hearing Officer(s) had a conflict of interest or bias for or against Complainants or Respondents generally or individual Complainant or Respondent that affected the outcome.

Either party may also appeal any sanction imposed in the written determination on the following grounds only: the severity or proportionality of the sanction. Mere dissatisfaction with a dismissal, determination regarding responsibility, or sanction is not a valid basis for appeal.

K. Appeal Timeline

A party must submit their own appeal in writing within five (5) business days of the date of the written determination is sent by the Title IX Coordinator. Failure of a party to submit their own appeal within the allotted time will render the written determination final and conclusive.

If an appeal is received by one party, the Title IX Coordinator will notify the other party in writing of the appeal submitted. The other party will be permitted to review the written appeal and any supporting documentation submitted by the other party, and will have an opportunity to submit a written response to the appeal within five (5) business days of the date the Title IX Coordinator sent the notification of an appeal. Any written response and supporting documentation to an appeal will be shared with the appealing party. No replies are permitted.

Upon receipt of a written response, or expiration of the time to provide a written response if no response is submitted, the Title IX Coordinator will appoint a trained Appellate Officer to decide the appeal. The Appellate Officer will not be the same person as the decision-makers that reached the determination being appealed, the Investigator(s), or the Title IX Coordinator.

The Title IX Coordinator will promptly provide written notice of the name of the Appellate Officer to both parties simultaneously. Within 24 hours of receipt of the notice, either party (not an Advisor or Support Person) may assert to the Title IX Coordinator, in writing, that the Appellate Officer has a conflict of interest or bias. The written objection must be filed with the Title IX Coordinator, who has the sole and final authority to determine whether good cause exists to replace the Appellate Officer. When the selection of the Appellate Officer is final, the Title IX Coordinator will provide the appeal and all related documents to the Appellate Officer. The Appellate Officer will review the appeal documents along with the relevant written and audio/audio visual record. The Appellate Officer will defer to the original finding and sanction(s) of the Hearing Officer, remanding a matter on a specific issue(s), or modifying a finding or sanction(s) only when there is compelling justification to do so. An Appellate Officer may take one of the following actions on appeal:

  1. Dismiss the appeal for failure to articulate a valid ground or grounds for appeal, upholding the initial outcome and sanction(s), if any;
  2. Deny the appeal and uphold the initial outcome and sanction(s) with a rationale supporting the denial of the appeal;
  3. Where there is a procedural error or new evidence that could have affected the outcome, remand the matter to the Hearing Officer with specific instructions on the remanded issue(s); or
  4. Modify the finding and/or sanction with a rationale supporting the modification.

Upon completion of their review, the Appellate Officer will issue a written decision and rationale for the result. The Title IX Coordinator will distribute the written decision to all parties simultaneously within ten (10) business days after the Appellate Officer’s receipt of the appeal from the Title IX Coordinator, unless good cause exists for an extension of time. The University will provide written notice of any extension and the reasons justifying good cause for the extension to the parties.

L.  Appeal Format

All appeals and responses to appeals must be signed and submitted by the party on their own behalf (appeals and responses signed or submitted by a party’s Advisor or Support Person will not be accepted) in writing to OIIE via hard-copy or email to:

Office of Inclusion and Institutional Equity
8000 York Road, AD 2210
Towson, MD 21252

The appeal must specifically state the basis for appeal and include relevant supporting documentation. The party appealing should address the central issue of the appeal directly, as irrelevant information will not be considered. Any response to the appeal should address the central issues of the other party’s appeal. An appeal is not a review of the entire matter. It is an objective review of the written documentation related to the investigatory and hearing process, and record of the hearing along with appeal-related submissions as permissible herein. Accordingly, the Appellate Officer will not interview, question, or meet with witnesses, parties or a party’s Advisor or Support Person.

M. Final Outcome

After the appeal process has concluded (or when the time for an appeal has passed with no appeal submitted, whichever is later), the Title IX Coordinator will promptly notify the appropriate University officials as well as the Complainant and Respondent in writing, of the final outcome of the Complaint.

XII. Students Rights

Below is a description of the rights of Student Complainants and Respondents consistent with Md. Code Ann., Educ. § 11-601:

  1. Treatment with dignity, respect, and sensitivity by Institution officials during all phases of the disciplinary proceedings;
  2. A fair and impartial investigation;
  3. Disciplinary proceedings and resolutions that are prompt and equitable and provide an opportunity for the parties to be heard;
  4. Timely written notice of:
    1. The reported violation, including the date, time, and location of the alleged violation, and the range of potential sanctions associated with the alleged violation;
    2. The party’s rights and responsibilities under the Institution’s policies and procedures and information regarding other civil and criminal options;
    3. The date, time, and location of each hearing, meeting, or interview that the party is required or permitted to attend;
    4. A final determination made by the adjudicating official or body regarding whether a policy violation occurred and the basis for the determination;
    5. Any sanction imposed, as permitted by law; and
    6. The party’s rights to appeal and a description of the appeal process;
  5. Participation in the disciplinary proceedings, including
    1. Access to the case file and evidence regarding the incident obtained by the Institution during the investigation or considered by the adjudicating official or body, with personally identifiable or other information redacted as required by applicable law
    2. Offering testimony at a hearing;
    3. Submitting evidence, witness lists, and suggested specific questions to be posed to the other party involved in the disciplinary proceedings by investigators or the adjudicating official or body;
    4. Providing and reviewing testimony electronically or in a way in which the parties are not required to be in the physical presence of one another;
    5. Reviewing and providing written responses to reports and proposed findings; and
    6. Appealing a determination or sanction.
  6. Assistance by a licensed attorney, an advocate supervised by an attorney, or a trained advocate throughout the disciplinary proceedings, including by the attorney or advocate’s:
    1. Attendance at hearings, meetings, and interviews with the party;
    2. Private consultations with the party during hearings, meetings, and interviews, except during questioning of the party at a hearing; and
    3. Assistance with the party’s exercise of any right during the disciplinary proceedings; and
  7. Notwithstanding whether a student accesses counsel paid for by the Maryland Higher Education Commission (MHEC), the presence of no more than two people, including a personal supporter of the party’s choice, an attorney, or an advocate, at any hearing, meeting, or interview during the disciplinary proceedings;
  8. Notice to a student party, presented in an appropriate and sensitive format, before the start of the disciplinary proceedings, of:
    1. The student’s right to the assistance of an attorney or an advocate;
    2. The legal service organizations and referral services available to the student; and
    3. The student’s right to have a personal supporter of the student’s choice at any hearing, meeting, or interview during the disciplinary proceedings;
  9. Access to counsel paid for by MHEC for a current or former student who makes a Complaint or responds to a Complaint on which a Title IX investigation is initiated, and who was enrolled as a student at the Institution at the time of the incident that is the basis of the Complaint, unless the student knowingly and voluntarily chooses not to have counsel, in accordance with COMAR 13B.09.01:
    1. A student may select and retain an attorney before the conclusion of the formal Title IX proceedings;
    2. A student may obtain from MHEC, through MHEC’s website, a list of licensed attorneys who have indicated that they will represent such students in Title IX proceedings on a pro bono basis or for reduced legal fees; and A student’s attorney may seek reimbursement of certain legal costs and fees from MHEC’s Legal Representation Fund for Title IX proceedings, subject to the availability of funding.

Effective: August 1, 2024