Campus Emergency: x4911
Reminder: The last day of scheduled classes is December 13th. Exams and final class meetings will be held from December 16th to December 19th.
St. Mary's College is committed to maintaining an environment free from all exploitation and intimidation based on sex. The College will not tolerate rape or sexual assault or other forms of unwanted sexual activity. The College has taken a proactive stance against rape and sexual assault and has in place sexual assault protocols which are designed to address the health and safety of the victim, the emotional health of the victim, the common safety of the St.Mary's College community, and the protection of the victim from undue embarrassment or publicity. These protocols also ensure confidentiality. To help students understand behaviors that constitute sexual assault, we have provided the following definitions adopted by St. Mary's College of Maryland. These definitions are provided in addition to sexual offenses as defined by the Maryland Annotated Code.
Sexual Assault I:
By stranger or acquaintance, rape, forcible sodomy, or forcible sexual penetration, however slight, of another person's anal, genital, or oral opening with any object. To be considered Sexual Assault I, these acts must be committed without consent, use force, threat, or intimidation, and/or take advantage of the victim's mental or physical incapacitation (for example, due to excessive use of alcohol or drugs or a mental or physical health condition) of which the accused was aware or should have been aware.
Sexual Assault II:
By stranger or acquaintance, the touching of an unwilling person's intimate parts (defined as genitalia, groin, breast, or buttocks, or clothing covering them) or forcing an unwilling person to touch another's intimate parts. To be considered Sexual Assault II, these acts must be committed without consent, use by force, aggression, threat, or intimidation and/or take advantage of the victim's mental or physical incapacitation (for example, due to excessive use of alcohol or drugs or a mental or physical health condition) of which the accused was aware or should have been aware. Consent: Consent is defined as the act of willingly and verbally agreeing to engage in sexual conduct. Consensual sex is a mutual decision reached by both parties without any hint of force or coercion.
Because of the sensitive nature of these charges, it is in the best interest of all parties involved in a hearing to have no contact with one another before and after a hearing. In addition, verbal, physical, or mental harassment, and intimidation of any member of the judicial body including complainants, respondents and any witnesses prior to, during, or after a judicial proceeding is a violation of College policy and will result in additional judicial proceedings. Programs designed to educate and promote awareness of sexual assault and related sexual offenses are in place at St. Mary's College through the Sexual Assault Response and Prevention (SARP) Program. The St.Mary's College SARP Program runs out of Counseling Services. Presentations are given to all new students during New-Student Orientation, and there are programs in the residences which address issues related to date rape and all degrees of sexual offenses. In-class presentations, discussions, and campus-wide awareness events also take place throughout the school year. Additionally, booklets and posters designed to promote prevention and awareness are placed throughout all residence halls and in other public areas. The First Responders Network is comprised of 25 + student members, known as First Responders (FRN), who have been trained in crisis response protocols by Counseling Services. FRN provides on-call services 24 hours a day, 7 days per week throughout the academic year. The on-call First Responder student advocate can be reached at 301-904-2015. FRN provides support and assistance to victims of rape and sexual assault and conducts educational programs on campus in residences and at the Counseling and Health Center. In addition to trained campus advocate resources, trained advocates are available in the local community who will meet the survivor and help him or her sort out options and plans of action. Services and information are available through Counseling Services, Ethel Chance Hall, or by calling 240-895-4289.
Students should contact one of the following offices if they are the victim of a sex offense:
1. Non reporting on campus with no requirement that the information result in a Timely Warning. No report is generated nor is the incident included in the campus crime statistics or Clery report:
• Counseling Services provides professionally trained clinicians to offer support, therapy and guidance. Health Services provides medical attention and referral to campus and community resources. To reach Counseling and Health Services during regular business hours, please call 240-895-4289. During academic terms and after regular business hours a member of the Counseling and Health Center staff can be reached by contacting either Public Safety 240-895-4911 or a member of the Residence Life Staff and asking to have the counselor contacted.
2. Anonymous reporting on campus. A Timely Warning will go out and the incident will be included in the Clery statistics.
• First Responder Network (FRN) is approximately 25 students trained in crisis response protocols who provide on-call services 24 hours a day, 7 days a week when school is in session. FRN can be reached at301-904-2015.
3. Confidential reporting on campus. A Timely Warning will go out and the incident will be included in the Clery statistics. The names of the students involved will be kept in the strictest of confidence, sharing only with those who need to know to be able to provide support and guidance.
• Residence Life Staff (240-895-4207 or the staff member on duty or on call) and the Dean of Students Office (240-895-4208) are trained to respond to all kinds of student emergencies, and can quickly connect you to other resources on- and off-campus.
• Public Safety (240-895-4911) is a place to file a report and start an investigation. If the initial investigation indicates that the incident is a Part I crime (which includes rapes) or serious misdemeanor (which includes sexual offenses), the Sheriff's Office will then conduct the investigation, in accordance with our Memorandum of Understanding.
• A complaint can be filed within the College Judicial System (240-895- 3181) for disciplinary action against a St. Mary's College student assailant. This can be done along with criminal prosecution or instead of it.
4. Anonymous reporting off campus, with no requirement that the information result in a Timely Warning or be included in the campus statistics.
• The Walden Sierra 24-hour Crisis Hotline (301-863-6661) can be contacted day or night.
5. Confidential reporting off campus. A Timely Warning will go out and the incident will be included in the Clery statistics. The names of the students involved will be kept in the strictest of confidence, sharing only with those who need to know to be able to provide support and guidance.
• A report can be filed with the Maryland State Police (301-475-8955) or St. Mary's County Sheriff's Office (301-475-8008). These law enforcement agencies will work in conjunction with the College, so the Clery requirements are present. Remember, in filing a criminal report, it is important to preserve criminal evidence and obtain a rape physical examination at a hospital within 72 hours of the incident. At any time after a report is made it may be withdrawn from further action. Procedures for on-campus disciplinary action in cases of sexual assault, and the possible sanctions to be imposed in such cases, including but not limited to expulsion from the College, are available from the coordinator of Student Activities and Judicial Affairs (240-895-3181). In any disciplinary action the accuser and the accused are entitled to have an adviser present during a campus disciplinary procedure. Both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceeding brought by alleging a sexual assault. The accuser must make the request in writing to the coordinator of Student Activities and Judicial Affairs. Students who are the victims of alleged sexual assault and/or alleged perpetrators may change academic and living situations, if an alternative is reasonably available, by contacting Residence Life at 240-895-4207.
The Clery Act
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act") is the landmark federal law, originally known as the Campus Security Act, that requires colleges and universities across the United States to disclose information about crime on and around their campuses. Go to the U.S. Department of Education's Higher Education web site (http://www.higheredcenter.org/policy/clery-act) for more information. As part of the Clery Act, St.Mary's College is required to provide students and employees with Timely Warnings of crimes that represent a threat to their safety.
Campus Sex Crimes Prevention Act
The federal Campus Sex Crimes Prevention Act requires institutions of higher education to issue a statement advising the campus community where information concerning registered sex offenders may be obtained. In Maryland, this information is accessible at the following web site: http://dpscs.md.gov/onlineservs/socem/default.shtml.
St.Mary's College of Maryland prohibits sexual harassment in the College's workplace and educational programs. Sexual harassment is expressly prohibited by anyone, including College employees, students, visitors, volunteers, contractors, or invitees. The College is committed to cultivating and maintaining a workplace and educational environment that reflects respect for the dignity of each member of its community and is free of sexual harassment. Sexual harassment is a form of illegal discrimination and is always a serious issue. Sexual harassment between faculty and students or supervisor and subordinates exploits the unequal power structure inherent in these professional relationships and will not be tolerated by the College. Sexual harassment may occur between people of the same or different sexes. In order to deter sexual harassment at St. Mary's College and to impose sanctions when it occurs, this policy is in effect. In determining whether alleged conduct constitutes sexual harassment, St.Mary's College will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from all of the facts on a case-by-case basis. In assessing whether a particular act constitutes sexual harassment prohibited under this policy, the standard shall be the perspective of a reasonable person within the St.Mary's College community. The rules of common sense and reason shall prevail. Sanctions against College employees for sexual harassment may range from reprimand to termination, depending on the severity of the conduct and the circumstances of the particular case. Likewise, sanctions against contractors, students, volunteers, or invitees at the College for sexual harassment may include, but are not limited to, suspension or expulsion from College programs or premises or termination of a contract. For the purpose of this policy, the College adapts the sexual harassment definition promulgated by the Equal Employment Opportunity Commission (EEOC) to the academic setting. Unwelcome sexual advances, unwelcome requests for sexual favors, and other behavior of a sexual nature constitute sexual harassment when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment by St. Mary's College or an individual's participation in a St. Mary's College program;
2. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or,
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance, or of creating an intimidating, hostile, or offensive educational or work environment at St. Mary's College of Maryland.
Sexual harassment is prohibited by both state and federal laws and may constitute violations of the criminal and civil laws of Maryland and the United States. Complaints of sexual harassment may be processed internally through the College's informal or formal procedures. Also, complaints may be processed externally by the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Education, Office of Civil Rights, (DOE-OCR), and the Maryland Commission on Human Relations (MCHR). Retaliation by College employees, students, volunteers, contractors, or invitees against a person who makes a complaint of sexual harassment, supports a complaint of sexual harassment, or testifies during an investigation of a complaint of sexual harassment is expressly prohibited. If an individual is found to have engaged in retaliation in violation of this policy, that individual will be subject to disciplinary action.
Any individual who has been a victim of sexual harassment or retaliation shall immediately report such conduct to the College's Affirmative Action/EEOC officer/ director of Human Resources. Additionally, students may report such conduct to the dean of students/director of Residence Life. Counseling services staff are available to students who have experienced sexual harassment. Counseling Services is a non-reporting entity, which provides the student with the choice to report the harassment or not. It is also a violation of this policy for an individual to file a bad-faith claim of sexual harassment. The College is committed to protecting the rights of the Respondent as well as those of the Complainant. Members of the College community should not be discouraged from filing legitimate complaints of sexual harassment. However, an individual found to have filed a bad-faith complaint is in violation of this policy and may be subject to disciplinary action. Complaints against students (when a student has allegedly harassed someone) are handled through the campus judicial process (see Judicial Affairs section for a description of this process). Complaints against administrators, faculty, or staff (and visitors, volunteers, contractors, or invitees) proceed under the St. Mary's College of Maryland Procedures for Filing Complaints of Sexual Harassment, which is available from the College's EEO/AA Officer/Director of Human Resources.
A copy of this document is on reserve at the College library and available in each department office on campus. It is also posted on the Human Resources web site at www.smcm.edu/services/personnel/policies. The College's EEO/AA Officer or designee is available to answer questions about the College's sexual harassment policy and procedures.