The University System of Maryland policy on sexual assault is on file in the office of the associate vice president for student affairs and is applied at the University of Baltimore .
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Policy
The University System of Maryland and its constituent institutions adopt this policy on sexual assault, consistent with the requirements of (i) Section 484(f) of the Higher Education Act of 1965, as amended by Section 486 (c) (2) of the Higher Education Amendments of 1992, and (ii) Section 11-601 of the Education Article of the Annotated Code of Maryland. This policy applies to all students and employees, both faculty and non-faculty, of the University System of Maryland or its constituent institutions. -
Definitions
The following policy recognizes two levels of sexual assault.
Sexual Assault I
By stranger or acquaintance, rape, forcible sodomy or forcible sexual penetration, however slight, of another person's anal or genital opening with any object. These acts must be committed either by force, threat, intimidation or through the use of the victim's mental or physical helplessness of which the accused was aware or should have been aware.
Sexual Assault II
By stranger or acquaintance, the touch of any unwilling person's intimate part (defined as genitalia, groin, breast, or buttocks or clothing covering them) or forcing an unwilling person to touch another's intimate parts. These acts must be committed either by force, threat, intimidation or through the use of the victim's mental or physical helplessness of which the accused was aware or should have been aware. -
Reporting Procedure
Victims are encouraged to report any sexual assault, rape or any
sexual offense/contact, either forcible or non forcible, to the Campus Police, University Counseling Services or the Human Resources Office, who are trained and willing to assist the victim in contacting medical and/or law enforcement professionals.
Victims of sexual assault are urged to contact law enforcement or medical personnel as soon as possible following the occurrence to receive guidance in the preservation of evidence needed for proof of criminal assaults and the apprehension and prosecution of assailants. Through its concurrent Jurisdiction and Mutual Aid Agreement with the Baltimore City Police Department, the Campus Police have access to the Baltimore City Police crime lab and other investigating units upon request.
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Victims' Services
Victims of sexual assault have access to counseling through a
university-associated psychotherapist or referral to nearby community resources. After a sexual assault has been reported, and upon the request of the alleged victim, the victim shall be offered an alternative academic or employment situation if such an alternative is available, feasible, and appropriate to the facts of the reported assault. -
Student Disciplinary Procedures
Violations of law and university policies and regulations regarding rape or sexual offenses will be subject to prosecution by law enforcement authorities and through the campus judicial system when they occur on university premises or at university-organized activities. The range of university penalties shall include, but is not limited to one or more of the following: alteration of class schedule, disciplinary reprimand, loss of privilege, restitution, disciplinary probation, disciplinary suspension, disciplinary dismissal, and disciplinary expulsion.
The university procedures guarantee that:- the accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding;
- both the accuser and accused are informed of the outcome of any campus disciplinary proceeding brought alleging a sexual assault;
- the accuser and the accused will be treated with dignity, courtesy, and professionalism; and
- while the offense must be reported according to federal reporting mandates and Maryland law, the victim's right to choose whether to proceed with the university disciplinary process will be upheld to the extent possible.