To The Point Student Handbook 2012-2013

SEXUAL MISCONDUCT

Definition of Terms/Policies for: Sexual Misconduct, Intimate Partner Violence, Stalking and Sexual Harassment

St. Mary’s College is committed to maintaining an environment free from all forms of sexual exploitation and intimidation. The College will not tolerate sexual misconduct including rape, sexual assault, sexual violence, sexual harassment, stalking, intimate partner violence or other forms of unwanted sexual activity. The College takes a proactive stance against sexual misconduct and has in place sexual misconduct policies and protocols which are designed to promote:

These policies and procedures refer to persons who have been the victim of a sexual misconduct as “victim,” “survivor,” or “complainant.” This code refers to a person accused of sexual misconduct as the “accused” or “respondent.” The on-campus conduct process determines if a violation of campus policy has occurred and is in no way a criminal investigation or a determination if a law has been broken.

To help students understand behaviors that constitute sexual misconduct, intimate partner violence, stalking and sexual harassment, we have provided the following definitions adopted by St. Mary’s College of Maryland. These definitions are provided in addition to sexual offenses, rape, sexual harassment, and stalking as defined by the Maryland Annotated Code.           

Effective Consent: Effective consent is defined as willingly, freely and knowledgably agreeing to engage in sexual conduct. Consensual sexual conduct is a mutual decision reached by all parties involved without any hint of force, threat, coercion, pressure, fraud, manipulation, intimidation, or reasonable fear of injury. Consent cannot be given if the victim is mentally or physically incapacitated (for example, due to excessive use of alcohol or drugs or a mental or physical condition). Silence, passivity, or lack of active resistance does not imply consent. In addition, previous participation in sexual activity does not indicate current consent to participate. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent can be withdrawn at any point during sexual activity.

Sexual Misconduct: Sexual Misconduct is defined as any activity of a sexual nature that violates another individual’s physical or emotional well-being or personal space without that person’s explicit permission. Any and all non-consensual sexual activity and any non-consensual behavior of a sexual nature constitute a violation of the College’s Sexual Misconduct Policy.  Violations of the College’s Sexual Misconduct Policy will be adjudicated under the prescribed procedures outlined in Article V, Section 3 of this Code.  

Sexual Misconduct I: Sexual Penetration. Any act(s) of forcible or non-consensual sexual penetration, however slight, of another person’s anal, genital, or oral opening with any object or body part.

Sexual Misconduct II: Sexual Contact. Any act(s) of 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 intimate parts.

Sexual Misconduct III: Sexual Exploitation. Any act which takes non-consensual, unjust or abusive sexual advantage of another, either for their own advantage or benefit, or for the advantage or benefit of anyone other than the one being exploited. This behavior includes but is not limited to:

Intimate Partner Violence: Any acts of physical or psychological harm against a current or former intimate partner including dating violence, and/or relationship violence. Intimate Partner Violence may occur between people of the same or different sexes and does not require sexual intimacy between those involved.

Intimate Partner Violence I: Physical Harm. Any act(s) that use physical force or weapons against another person with the potential for causing death, disability, injury, or harm. Physical violence includes, but is not limited to, scratching, pushing, shoving, throwing, grabbing, biting, choking, shaking, slapping, punching, burning, use of a weapon and/or use of restraints or one's body size or strength.

Intimate Partner Violence II: Threat of Physical Harm. The act(s) of threatening or using words, gestures, or weapons to communicate an intent or strong desire to cause death, disability, injury, or physical harm upon a current or former intimate partner.

Intimate Partner Violence III: Psychological/Emotional Harm. Any acts, threats of acts, or coercive tactics used to degrade or control an intimate partner. This can include, but is not limited to, humiliation, controlling what another can and cannot do, withholding information, deliberately doing something to make an individual feel diminished or embarrassed, isolating someone from friends and family, and denying an individual access to money or other basic resources.

Stalking:  Any course of harassing, threatening, or intimidating conduct that an individual has willfully and repeatedly (more than once) engaged in that reasonably and seriously alarms, torments, or terrorizes another individual or group of individuals. Stalking behaviors may include, but are not limited to repeated: abusive and excessive contact and/or monitoring using telephone calls, voice mails, emails, instant messaging, text messages, and/or social media to one’s home or work; installing spyware on a person’s computer or phone without consent; trespassing; following and/or threatening an individual or a person’s friends and relatives; driving/walking by a person’s home, school, and/or work; or vandalizing property.       

Sexual Harassment: 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 verbal or physical behavior of a sexual nature constitute sexual harassment when:

1. Submission to or rejection of such conduct or communication is a term or condition of education benefits, academic evaluations, or opportunities

2. Submission to or rejection of such conduct or communication has the effect of substantially interfering with a student’s education

3. Such conduct is sufficiently severe, pervasive, and objectively offensive as to have the effect of creating an intimidating, hostile or offensive environment sufficient to deny an individual education benefit of participant in activities

Sexual Misconduct: National/State Policies and Law

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, which 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 website (http://www.higheredcenter.org/policy/clery-act) for more information.

As part of the Clery Act, St. Mary’s College is required to:

All professional or paraprofessional staff who act as campus security authorities (including RAs, RHCs, OCPs, Student Activities, Student Conduct, SGA club advisors (faculty/staff), Orientation, Athletics and Recreation (including coaches), International Education, faculty study abroad coordinators, Academic Services, and administrators) (excluding Counseling and Health staff, clerical, maintenance, and food service staff) are required to assess if sexual misconduct or other crimes have been reported to Public Safety. If such alleged misconduct has not been previously reported, these individuals are required to report the incident to Public Safety, the Dean of Students office and/or the sexual assault/wellness advocate in a timely fashion.

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 website: http://dpscs.md.gov/onlineservs/socem/default.shtml.

Title IX

Title IX (1972) prohibits discrimination based on sex/gender in federally funded educational activities. Title IX is intended to protect students’ rights to an education. When a student experiences sexual assault or sexual harassment, they are deprived of equal and free access to an education. It is the College’s responsibility to amend the situation, including providing alternative housing if reasonably available and doing a Title IX investigation promptly following an allegation of sexual misconduct or sexual harassment. If a college or university is aware of, but ignores sexual harassment or assault in its programs or activities, it may be held liable by law through the U.S. Department of Education’s Office for Civil Rights (OCR). The Office of Civil Rights can be contacted at 800-421-3481. Report any individual member of the campus who is discriminating in their response to sexual violence or harassment to the campus Title IX coordinator.  Our Title IX coordinator’s information can be found here:

Sally Mercer
Associate Vice President of Human Resources
Glendening Hall 170, 18952 E. Fisher Road, St. Mary’s City, MD 20686
240-895-4309
samercer@smcm.edu

More information about the College’s Title IX policies and procedures and a listing of Title IX deputy coordinators can be found on the College’s Title IX website at http://www.smcm.edu/titleIX/index.html.

Annotated Code of Maryland Criminal Law

To assess if a violation of law has occurred, a comprehensive list of Maryland Law pertaining to sexual assault can be obtained at:

 http://www.mcasa.org/law-public-policy/maryland-laws/

 Sexual Misconduct: On and Off Campus Resources

Note that on-campus offices and off-campus resources have different legal and information sharing requirements regarding reports of sexual misconduct. Below are definitions of terms used to describe the obligations of various offices and resources, followed by the services that each one can offer to students as well as hours of service and contact information.

Information Sharing Levels:
Strictly Confidential reports: Information shared with this department will not be shared with anyone else without the explicit permission of the individual involved except in rare and extreme situations (such as a major threat to the campus community or possible harm to others). In such cases, steps will be taken to protect the identities of persons involved.

Anonymous reports: Any identifying information in these reports will be excluded, but a report of the incident will be shared with the sexual assault/wellness advocate and the Title IX Coordinator. The need for a Timely Warning will be assessed and the incident may be included in the Clery report and campus crime statistics.

Private reports: Information regarding the incident, including the identity of those involved, will be shared with the sexual assault/wellness advocate, Title IX coordinator, student conduct officer, Public Safety, Dean of Students office, and relevant administrators. The College will make every effort to balance its obligation to maintain the safety of the community and investigate the incident with the privacy and desires of those involved. The need for a Timely Warning will be assessed and the incident may be included in the Clery report and campus crime statistics.

Redacted reports: Information may be available to the public, with identifying information removed, in accordance with state laws. The need for a Timely Warning will be assessed and the incident may be included in the Clery report and campus crime statistics.

Levels of Support
Support Service: Students have the option of receiving a variety of support even if they do not wish to file a formal complaint of sexual misconduct including counseling, advocacy, medical services, academic changes, residential adjustments, no-contact orders, and opportunity to express concerns. Information is kept private.

Formal Complaint: A formal complaint, filed with the Office of Student Conduct or Public Safety, will trigger a formal investigation of the incident and will most likely result in a student conduct hearing. Information obtained or shared during the process is private.

Criminal Investigation: Students may wish to have the incident investigated by local law enforcement authorities and participate in legal action. The College will assist law enforcement with the investigation. This may be done with or without pursuing a formal complaint on campus.

Campus:

1. SMCM First Responders Network: 301-904-2015
Reachable 24/7 via phone or text message while students are on campus
Anonymous; Support Service

The First  Responders Network is a group of students specially trained in sexual misconduct crisis response protocols who provide on-call services 24 hours a day, 7 days a week when school is in session. The FRN can be reached at 301-904-2015 by calling or text message. The FRNs can assist with reporting options, advocacy, on- and off-campus resources, accompaniment to the hospital, and prevention education. All reports of sexual violence to the FRN will result in the generation of an anonymous report.

2. Sexual Assault/Wellness Advocate: 240-895-4289
Office hours Monday through Friday, 8:00 a.m. to 5:00 p.m.; reachable after hours through Public Safety
Anonymous; Support Service; Assist with Formal Complaints

The sexual assault/wellness advocate is available through Counseling Services (240-895-4289). This staff member can provide survivors with referrals, support, advocacy during the student conduct hearing process, and other supports. The sexual assault/wellness advocate oversees sexual misconduct prevention education, participates in the sexual assault/relationship violence committee, and oversees the First Responder Network.

3. Office of Public Safety: 240-895-4911
Open 24/7
Private; Support Service; Formal Complaints

Public Safety handles the on-campus investigation of the incident and can assist with no-contact orders. Public Safety will contact the First Responder Network or the sexual assault/wellness advocate when an incident of sexual misconduct is reported. All incidents reported to Public Safety are kept private and shared with the Title IX coordinator, student conduct officer, Dean of Students office, and relevant administrators. Public Safety can assist with contacting the St. Mary’s County Sheriff’s office if the survivor requests a criminal investigation be initiated. If the survivor does not wish for the Sheriff’s office to investigate, Public Safety officers will notify the Sheriff’s office of the incident and the fact the survivor request to remain anonymous (in accordance with the Memorandum of Understanding between St. Mary’s College of Maryland Office of Public Safety and the St. Mary’s County Sheriff’s Office, March 2011).

4. Counseling Services: 240-895-4289
Office hours Monday through Friday, 8:00 a.m. to 5:00 p.m.
Strictly Confidential; Support Service

Counseling Services provides professional trained clinicians to offer advocacy, support, therapy, and guidance. Counselors can also provide advocacy to students and connect them to other resources on and off campus. During academic terms and after regular business hours, a member of the Counseling staff may be reached by contacting Public Safety and asking to have a counselor contacted. Any names and information shared with a counselor will not be shared with any other campus office/personnel except when there is an immediate danger to others.

5. Health Services: 240-895-4289
Office hours Monday through Friday, 8:00 a.m. to 5:00 p.m.
Strictly Confidential; Support Service

Health Services provides medical attention and referral to campus and community resources. They can provide some testing for Sexually Transmitted infections, pregnancy testing, plan B emergency contraception, and treatment for minor injuries. Any names and information shared with a member of the Health Services staff will not be shared with any other campus office/personnel except when there is an immediate danger to others.

6. Office of Residence Life: 240-895-4207
Office hours Monday through Friday, 8:00 a.m. to 5:00 p.m.
Private; Support Service

Residence Life staff are trained to respond to all kinds of student emergencies, and can quickly connect you to other resources on and off campus. Students involved in sexual misconduct incidents in a substantial capacity may request an immediate change of living situations, if an alternative is reasonably available, by contacting Residence Life or Public Safety after-hours. The College also reserves the right to require alternative housing for the parties in certain circumstances. All incidents of sexual misconduct reported to Residence Life will be shared with the sexual assault/wellness advocate, Title IX coordinator, student conduct officer, Dean of Students office, and relevant administrators.


7. Dean of Students: 240-895-4208
Office hours Monday through Friday, 8:00 a.m. to 5:00 p.m.
Private, Support Service; Formal Complaints

The Office of the Dean of Students oversees Residence Life, Public Safety, Counseling Services, Health Services, and the Office of Student Conduct. The Dean of Students can provide options and resources for students. Information provided to the Dean of Students office will be shared with the sexual assault/wellness advocate, Title IX coordinator, student conduct officer, and relevant administrators.


8. Office of Student Conduct: 240-895-3181
Office hours Monday through Friday, 8:00 a.m. to 5:00 p.m.
Private; Formal Complaints

The Office of Student Conduct coordinates all on-campus hearings for incidents of sexual misconduct, intimate partner violence, stalking, sexual harassment, and other violations of the Student Code of Conduct. Students can report incidents directly to the student conduct officer if they desire to pursue a student conduct hearing. The student conduct officer can also connect students to on- and off-campus resources. Information shared with Student Conduct will be shared with the sexual assault/wellness advocate, Title IX coordinator, Public Safety, Dean of Students office, and relevant administrators.


9. Academic Services: 240-895-4388
Office hours Monday through Friday, 8:00 a.m. to 5:00 p.m.
Private; Support Service

Academic Services can assist students in requesting accommodations for classes, rearranging schedules, connecting with faculty, or taking a leave of absence from the College (if possible). Information shared with Academic Services will be shared with the sexual assault/wellness advocate, Title IX Coordinator, student conduct officer, Public Safety, Dean of Students office, and relevant administrators.


10. Title IX Coordinator: 240-895-4309
Office hours Monday through Friday, 8:00 a.m. to 5:00 p.m.
Private; Support Service; Formal Complaints

The Title IX Coordinator is required to investigate all reports of sexual discrimination, including sexual misconduct, as required by the Office of Civil Rights and the Dear Colleague Letter. The College has an obligation to address any inequalities created by acts of sexual discrimination and/or sexual violence. The only reports of sexual misconduct not shared with the Title IX coordinator are those shared with Counseling Services and/or Health Services.

Off Campus

  1. St. Mary’s Hospital: 301-475-8981
    234 Jefferson Street, Leonardtown, MD 20650
    Anonymous; Support Service

  2. Calvert Memorial Hospital: 410-535-4000
    100 Hospital Road, Prince Frederick, MD 20678
    Anonymous; Support Service

    St. Mary’s Hospital and Calvert Memorial Hospital provide Sexual Assault Forensic Exams (which are the best method of evidence collection). All costs of these exams are free to the survivor and are provided by trained Sexual Assault Nurse Examiners. Neither the police nor the Sheriff’s office will be contacted by the hospital unless the survivor desires to have them involved. If the survivor desires to obtain a SAFE exam (which can be acquired up to five days following the incident), it is ideal if the survivor does not shower, use the bathroom, clean their body in any way, and preserves any clothing including undergarments in a paper bag to bring with them to the hospital. SAFE exams are maintained anonymously at the hospital for a minimum of 90 days. The First Responder Network, the sexual assault/wellness advocate, and Walden Sierra can all provide accompaniment to the hospital. The College is not notified by the hospital unless the student desires to have on-campus personnel notified.

  3. Maryland State Police: 301-475-8955
    Barrack T – Leondardtown
    23200 Leonard Hall Drive, Leonardtown, MD 20650
    Private/Redacted; Criminal Investigation

  4. St. Mary’s County Sheriff’s Office: 301-475-4200 x1900
    23150 Leonard Hall Drive, Leonardtown, MD 20650
    Private/Redacted; Criminal Investigation

    A report can be filed with the Maryland State Police or the St. Mary’s County Sheriff’s Office. These law enforcement agencies will work in conjunction with the College and the sexual assault/wellness advocate. Law enforcement officials generally notify Public Safety when coming onto campus. Remember, in filing a criminal report, it is important to preserve evidence and obtain a Sexual Assault Forensic Exam at a hospital within 5 days of the incident. At any time after a report is made, it may be withdrawn from further action at the discretion of the survivor and the police department. Some police reports are made public (with identifying information redacted) under certain limited circumstances.

  5. Walden-Sierra, Inc.: 301-863-6661 (Crisis Hotline)
    44871 St. Andrews Church Road, California, MD 20619
    Anonymous; Support Service

    The Walden-Sierra 24-hour crisis hotline can be contacted day or night. Walden Sierra can provide advocacy, accompaniment to the hospital, crisis counseling, or on-going therapeutic support. Walden Sierra is under no obligation to notify the College or local authorities when providing services to students.

  6. Maryland Coalition Against Sexual Assault (MCASA): 410-974-4507
    www.mcasa.org
    Anonymous; Formal Complaints

    The Maryland Coalition Against Sexual Assault can provide resources for survivors as well as legal services through the Sexual Assault Legal Institute (SALI). MCASA is under no obligation to notify the College when providing services to students.

  7. The Southern Maryland Center for Family Advocacy: 301-373-4141
    www.smcfa.net
    Anonymous; Support Service; Formal Complaints

    The Southern Maryland Center for Family Advocacy can provide advocacy, resources, referral, and legal assistance to victims of relationship violence. The Center is under no obligation to notify the College when providing services to students.