FAQs: Student Sexual and Gender-Based Misconduct Process

Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any federally funded education programs and activities.

“No person in the United States, shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance..." — Title IX of the Education Amendments of 1972, and its implementing regulation at 34 C.F.R. Part 106 (Title IX)

You have a right to education free from sexual violence and harassment. If your rights are violated, you are entitled to support, supportive measures, a grievance process, a timely response and protection from retaliation.

Learn more about Title IX.

Reports related to sexual and gender-based misconduct can be submitted through the Sexual Violence, Relationship Violence and Stalking Report form or by contacting Title IX intake officers and coordinators who are available to meet with you and other reporting parties to review your rights, resources, and reporting options both on and off campus, including offering supportive measures, regardless of whether a formal complaint is filed. A list of confidential and non-confidential reporting options can be found on the Title IX website.

Reports can be made anonymously or identified using the methods outlined below. It should be noted that the University’s ability to investigate or act upon anonymous reports may be limited. In order for a complainant to file a formal complaint and throughout the investigation process, however, they can not remain anonymous because of federal regulations (knowledge of accusations to respondent).

Additional reporting methods:

Anonymous Information Form
EthicsPoint
Bias Related Behaviors Report
Sexual Violence, Relationship Violence or Stalking Report

Those designated by the University as Confidential Resources are not required to report actual or suspected sex discrimination, sexual harassment, or retaliation in a way that identifies the parties. They will, however, provide the complainant with the Title IX Coordinator’s contact information and offer options and resources without any obligation to inform an outside agency or a University official unless a complainant has requested the information be shared. Confidential resources will not make reports to the appropriate Title IX Coordinator or deputy without your expressed consent except in extreme cases of immediacy of threat or danger or abuse of a minor, elder, or individual with a disability, or when required by law or court order.

A non-confidential resource, or mandated reporters, are expected to promptly report all known details of actual or suspected sex discrimination, sexual harassment, retaliation, and/or other prohibited conduct to the Title IX Coordinator or designee. When a person other than a Complainant makes a report, the appropriate Title IX Coordinator (or designee) will contact the Complainant to discuss supportive measures, the report, and whether they wish to proceed with a complaint or other resolution process.

A list of confidential and non-confidential reporting options can be found on the Title IX and Bias website.

All University employees, including faculty, staff, administrators, and undergraduate and graduate student employees, other than those deemed confidential, are mandated reporters. Mandated Reporters are expected to promptly report all known details of actual or suspected sex discrimination, sexual harassment, retaliation, and/or other prohibited conduct to the Title IX Coordinator or designee. Loyola chooses to make employees mandated reporters, so people who have experienced sexual misconduct can have consistent support from those who know the policies and resources best.

A mandated reporter who is themselves a target of harassment or other misconduct under the Sexual and Gender-Based Misconduct Policy is not required to report their own experience, though they are, of course, encouraged to do so.

A report provides notice to the University of an allegation or concern about sex discrimination, sexual misconduct, or retaliation and provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures.

Upon receiving a report, the complainant and/or reporting party, if different from the complainant, will be provided with a written explanation of their rights and options which will include information about legal service organizations and referral services. The Title IX Coordinator will seek to determine if the person wishes to proceed with a complaint or other resolution process, and will assist them to do so, if desired. If they do not wish to do so, the Title IX Coordinator determines whether to initiate a complaint. For more information regarding when the University may act despite the complainant’s request, please refer to the Section “Title IX Coordinator Authority to Initiate a Complaint” within the Sexual and Gender-Based Misconduct Policy.

There is no time limitation on reporting incidents and/or filing complaints to the University. However, if the respondent is no longer subject to the University’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible.

Acting on reports or formal complaints is significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) and is at the discretion of the appropriate Title IX Coordinator (or designee), who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

When a report or formal complaint is affected by significant time delay, the University will typically apply the policy in place at the time of the alleged misconduct.

A report provides notice to the University of an allegation or concern about sex discrimination, sexual misconduct, or retaliation and provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures. A formal complaint provides notice to the University that the complainant would like to initiate an investigation or other appropriate resolution procedures. A complainant or individual may make a report and may decide at a later time to make a formal complaint.

Reporting carries no obligation to initiate a formal complaint and in most situations, the University is able to respect a complainant’s request to not initiate a resolution process. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where the University may need to initiate a resolution process. For more information, please refer to the Section “Title IX Coordinator Authority to Initiate a Complaint” within theSexual and Gender-Based Misconduct Policy, which contains more information on when the University may act despite the complainant’s request.

A formal resolution involves an investigation and a hearing. Once a complaint has been filed, the appropriate Title IX Coordinator (or designee) shall provide the complainant and respondent with timely written notice of investigation and allegations (NOIA).

The purpose of an informal resolution is to take appropriate action to address and remedy the alleged behavior, its effects, and/or the complainant’s concerns short of the formal resolution process, such as by imposing individual and community interventions and remedies designed to maximize the complainant’s access to educational, extra-curricular, and/or employment activities at the University; and/or to address the effects of the respondent’s alleged conduct onto the larger University community. It is not necessary to pursue an Informal Resolution first in order to pursue a formal resolution.

Additional information about the informal resolution and formal grievance processes can be found within the Sexual and Gender-Based Misconduct Policy.

The University’s Sexual and Gender-Based Misconduct Policy applies to conduct when the conduct affects a substantial University interest. This includes incidents that occur off campus, online, and/or abroad so long as the University has control over the respondent at the time of the incident.

Additional information regarding jurisdiction can be found within the Sexual and Gender-Based Misconduct Policy.

If the respondent is unknown or is not a member of the University community, the appropriate Title IX Coordinator (or designee) will assist the complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or campus law enforcement if the individual would like to file a police report.

Further, even when the respondent is not a member of the University’s community, supportive measures, remedies, and resources may be accessible to the complainant by contacting the appropriate Title IX Coordinator (or designee).

In addition, the University may take other actions as appropriate to protect the complainant against third parties, such as barring individuals from University property and/or events.

All vendors serving the University through third-party contracts are subject to the policies and procedures of their employers or to these policies and procedures to which their employer has agreed to be bound by their contracts.

When the respondent is enrolled in or employed by another institution, the appropriate Title IX Coordinator (or designee) can assist the complainant in liaising with the appropriate individual at that institution, as it may be possible to allege violations through that institution’s policies.

Similarly, the appropriate Title IX Coordinator (or designee) may be able to advocate for a complainant who experiences discrimination in an externship, study abroad program, external work commitment, or other environment external to the University where sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give recourse to the complainant.

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge and can include actions deemed necessary to protect the well-being of the individuals involved in cases of sexual misconduct, as well as the educational environment of the University community. These supportive measures may include but are not limited to:

Relevant evidence is evidence that tends to prove (inculpatory) or disprove (exculpatory) facts material to the allegations at issue in the complaint.

In addition to any statements of the parties, evidence that may be considered, if relevant and available may include but is not limited to:

Hearings occur during formal resolutions process where the respondent is a student or employee. For student respondents, the decision-maker is a trained panel, and for employee respondents, the decision-maker is typically one trained member of the Office of Human Resources. The parties can make an opening statement and the investigator(s) will also usually do so. The parties, investigator(s), and witnesses are all questioned by the Decision-maker. The advisors then conduct cross-examination of the parties and witnesses. The parties can then make closing statements. The Decision-maker then privately deliberates, evaluates the relevant evidence, assesses credibility, and determines whether policy was violated. The parties are then informed simultaneously, in writing, of the outcome and the rationale for the decision.

In cases where there is a hearing, it will never be permitted for the parties themselves to directly cross-examine each other or witnesses. However, when the complaint falls under the Title IX Grievance Procedures, cross-examination of both parties and witnesses by an advisor of choice will be permitted during the live hearing and will occur after the panel questions the party or witness. All questions are subject to a relevance determination by the Chair. The advisor will propose the question, the proceeding will pause to allow the Chair to consider it, and the Chair will determine whether the question will be permitted, disallowed, or rephrased. The Chair will limit or disallow questions on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), or abusive. The Chair will then state their decision and the rationale and advise the party/witness to whom the question was directed, accordingly.

There is no direct cross-examination by parties or their advisors permitted in the Student Respondent General Sexual Misconduct Process, the Employee Respondent General Sexual Misconduct Grievance Procedures, or for the Sex-Based Harassment and Discrimination Procedures for cases that fall outside the Title IX Grievance Procedures (although, in all cases, parties will be given the opportunity to submit relevant questions to be asked of the other party and any witnesses, as described more specifically in the applicable procedures).

All allegations are acted upon promptly by the University once it has received notice or a formal complaint. Generally, formal complaints can take at least 60-90 business days to resolve. There may be exceptions and extenuating circumstances that can cause a resolution to take longer, but the University will avoid all undue delays within its control. Any time the general timeframes for resolution outlined in the procedures will be delayed, the University will provide written notice to the parties of the delay, the cause of the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.

Students who report sexual misconduct, or participate in an investigation as a witness, will not be subject to disciplinary action for their own personal involvement with alcohol and/or other drugs at or near the time of the incident, unless the involvement was reasonably likely to place the health or safety of another individual at risk. The University may initiate an educational discussion or pursue other educational remedies regarding alcohol and/or other drugs.

While an attorney is not needed to participate in the grievance process, the complainant and respondent may each have no more than two people, defined as advisors, present throughout the entire process. The advisor may be a personal supporter of the party’s choice, a licensed attorney, an advocate, or an advocate supervised by an attorney. The advisor of choice can also include parents or others who are not full-time members of the University community. Advisors may assist a party with understanding the investigation process and preparing for meetings and interviews; attending meetings and interviews with the party; reviewing any statements prepared by the party; and providing assistance and support to the party as they move through the grievance process. Advisors may not speak on behalf of the party at any meetings or interviews or through any written documents except for cross-examination during hearings that fall within the Title IX Grievance Process. More information on advisors’ roles can be found within the Sexual and Gender-Based Misconduct Policy.

Violations of the Sexual and Gender-Based Misconduct policy are serious, and the most serious offenses are likely to result in suspension or expulsion, where warranted. Given the seriousness of these violations, the University reserves the right to notify parents/guardians regarding the sanctions and outcomes of Sexual and Gender-Based Misconduct policy violations. The range of sanctions for student respondents includes the following:

If any or all parties appeal, an Appeal Decision-maker is appointed to consider all permissible arguments for appeal.

Appeals must be based on one or more of the following grounds:

All appeals are conducted by a written exchange of materials, not in person. When an appeal letter is accepted, the other party will be given notice of the appeal, a copy of the appeal letter, and the opportunity to submit a written response within five days. For student respondents, appeals will be decided by a panel selected from the University Board on Discipline who are free from conflict of interest and bias, and did not serve as investigator(s), Title IX Coordinator, or hearing panel members in the original hearing. The University Board on Discipline appeal panel is comprised of three-panel members. For employee respondents, appeals will be decided by an independent appeal decision-maker, which may be the Chief People and Culture Office and AVP for Human Resources or designee.

Generally, the appellate body may consider, as appropriate given the grounds for appeal, the hearing record, the appeal letter and response, and the decision and rationale of the hearing panel.

As a result of the appeal, the panel may affirm the original decision of responsibility for some or all of the charges and change the sanction (sanction may be reduced or increased); reverse the original decision of responsibility for some or all of the charges and affirm or change the sanction (sanction may be reduced or increased); or remand the matter to the original hearing panel for further consideration.

The appellate body’s decision will be communicated concurrently in writing to both the respondent and the complainant, normally within five University business days of the appeal panel meeting, and include rationale for the decision. The appellate body’s decision is final, and no further appeal is permitted by either party.

More details about the appeal procedure can be found in the Sexual and Gender-Based Misconduct Policy.

The University will maintain for a period of seven years records of its Title IX Grievance Process, including:

1. Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation;

2. Any disciplinary sanctions imposed on the respondent;

3. Any remedies provided to the complainant designed to restore or preserve equal access to the University’s education program or activity;

4. Any appeal and the result therefrom;

5. Any Informal Resolution and the result therefrom; and

6. Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, including: a. The basis for all conclusions that the response was not deliberately indifferent; b. Any measures designed to restore or preserve equal access to the University’s education program or activity; and c. If no supportive measures were provided to the complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

7. All materials used to train Title IX Coordinators, investigators, decision-makers, hearing panel members, and any person who facilitates an Informal Resolution process. The University will make these training materials publicly available on the Title IX website.

8. The University will also maintain any and all records in accordance with state and federal laws.

Loyola University Maryland is committed to creating and maintaining a community where all individuals enjoy freedom from discrimination, including discrimination on the basis of sex, as mandated by Title IX of the Education Amendments of 1972 (“Title IX”). Sex discrimination, which can include discrimination based on pregnancy, marital status, or parental status, is prohibited and illegal in educational programs and activities.

Under the Department of Education’s (DOE) Title IX regulations, an institution that receives federal funding “shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.”

To receive and/or discuss reasonable adjustments for pregnancy and pregnancy-related conditions including (but not limited to) pregnancy, childbirth, false pregnancy, termination of pregnancy, conditions arising in connection with pregnancy, and recovery from any of these conditions, students may self-disclose through the Student Pregnancy or Related Conditions Self-Disclosure Form or contact Title IX directly. Additional information can be found in The Title IX Rights of Pregnant, Parenting, and Lactating Students policy or on the Title IX and Bias website.

Complainants are encouraged to seek medical assistance in cases of physical or sexual assault. Upon request, campus police will provide transportation to Mercy Medical Center, designated as one of the city’s rape treatment centers. Mercy Medical Center has trained nurses who perform Sexual Assault Forensics Exam (SAFE) up to 5 days or 120 hours after the assault occurred. If an individual experienced an assault that occurred more than 5 days or 120 hours prior and wants to receive a SAFE, they should contact Mercy Medical Center, Title IX and Bias Compliance, or the Sexual Violence Prevention, Education, and Response Coordinator.

During a SAFE, sexual assault nurse examiners (SANEs) will provide victim services, including treatment of injuries and steps to address concerns of pregnancy (if applicable) and/or sexually transmitted infections. Mercy Medical Center also has trained SANEs who perform Interpersonal Violence (IPV) Exams for individuals who have experienced dating or domestic violence and will provide victim services, including treating any emergent medical needs and providing written and photographic documentation of any injuries. An on-call University staff member may also accompany and assist a student at the hospital.

A Complainant does not have to decide whether or not to file criminal charges before obtaining a SAFE. SAFEs are free, and the evidence will be kept in a secured locker indefinitely. There is no statute of limitations on filing a criminal complaint for felony crimes in Maryland. If a Complainant wishes to remain anonymous, they can have the exam listed as a Jane Doe/John Doe for confidentiality. IPV exams are not free of charge and can be billed to insurance. If the person who experienced interpersonal violence is uninsured, Mercy Medical Center can discuss options for financial assistance. IPV exams cannot be listed anonymously in the same way SAFEs can. The contact information for the hospital in Baltimore City is:

Mercy Medical Center
300 St. Paul Street
Baltimore, MD
410-332-9477

The preservation of evidence in incidents of sexual assault, dating/domestic violence, and stalking is critical to potential criminal prosecution and to obtaining peace/protective orders and is particularly time-sensitive. Further information regarding preserving evidence can be found on the Title IX and Bias website and in the Student Respondent Sexual and Gender-Based Misconduct Policy.