Carey, Robert M. From: Sent To: Su bj act: ocn Philadelphia Monday, July 29, 2013 8:53 AM Carey, Robert M. FW: OCR Electronic Complaint Submission From: ocr Sent: Monday, July 29, 2013 7:53:37 AM To: libli?li OCR Philadelphia Subject: OCR Electronic Complaint Submission Auto fonivarded by a Rule PLEASE DO NOT REPLY TO THIS E-MAIL. THIS E-MAIL ADDRESS IS USED BY DEPARTMENT OF EDUCATION AUTOMATED SYSTEMS AND IS NOT MONITORED. SUBM ISSION CON FIRMATION Your complaint with the Office for Civil Rights has been automatically forwarded to the following office for review: Office for Civil Philadelphia Office Phone: 215-656-8541 TDD: 800-877-8339 The Wanamaker Building 100 Penn Square East, Suite 515 Philadelphia, PA, 1910?-3323 Fax: 215-656-8605 Email: So that we can best assist you, we call your attention to the following: 1. 4. If you need to communicate with OCR regarding your complaint before you are contacted directly, please do not reply to this message, which would result in your reply going to a send-only server address. Instead, please direct your correspondence to the above office at OCR.Philadelohia@ed.oov If you need to modify or supplement your complaint, please do not use the complaint form to submit another complaint with the new information. Instead, you may simply send an email to the office that has your complaint. Filing duplicative complaints may impede our ability to review your concerns in a timely manner. (If you have a separate complaint involving other matters, you may of course use this form to submit it.) Remember that before OCR can process your complaint, we must receive a signed and dated consent form. If we have not received your signed consent form within 20 calendar days of the date of this email, we will close your complaint. A copy of the Office for Civil Rights Consent Form is available for your convenience at OCR Complaint Consent Form. Please sign and date the appropriate response on the consent form and mail it to the OCR Enforcement Office at the address above. If you do not have access to a printer, please email or call the OCR Enforcement Office identified above to request a blank consent form. It is recommended that you print a copy of this message and retain it for your records. If you have not already read the following documents, they can be downloadable from the links below: - Information About MEL 5 Complaint Processino Procedures - Office for Civil Riqhts Notice About Investiizlatorwr Uses of Personal Information OCDEMAILUOMIQQB Institution Name: Frostburg State University' saga: Office for Civil Rights Online Complaint Database Administration Discrimination Complaint Form Details 1. Enter information about yourself. First Name: Last Name: Address: City: State: Zip Code: Best Time to Call You: Primary Phone Number: Alternative Phone Number: Your Email Address: 2. Who else can we call if We cannot reach you? Contact?s Name: Daytime Phone Number: Relationship to you: 3. Who was discriminated against? Myself I if someone other than yourself please include: Injured Person's Name: Daytime Phone Number: Evening Phone Number: Relationship to You (eg. son or daughter) Injured Person's Address: City: State: Zip Code: 4. What institution discriminated? Institution Name: Frostburg State University Address: City: State: MD Zip Code: 21532 School or department involved: 5. Have you tried to resolve the complaint through the institution's grievance process, due process hearing:r or with another agency? YES Agency Name: Student Conduct Panel Date Filed: {bli?li The student conduct panel failed to handle the issue in a timelvfappropriate manner. After attempts to meet with the President of the University, I was denied that right. I tried to contact the University's attorney, and she never responded. The Dean of Students failed to adequately steer me in the right direction to seek help or further guidance on the mattert Current status of the complaint: 6. Describe the discrimination On what basis were you discriminated against? sex; retaliation;r Description of each discriminatory action: I prefer to disclose this information via telephone if at all possible. Do you have written information that you think will help us understand your complaint? Yes 7. When did the last act of discrimination occur? Enter the date: Are you requesting a waiver of the 180-day filing time limit for discrimination that occurred more than 180 days before the filing of this complaint? No Reason for not filing complaint before 180 clays. Reason: 3. What would you like the institution to do as a result of your complaint? I want changes to be made in regards to how the University handles sexual assault cases. I realize J- i; it may be too late for me, but if another woman is subjected to the same treatment I was, it is disgusting and a shame. 49,41 CONSENT FORM- FOR USE or PERSONAL INFORMATION (Ulla); J. Complainant's Name {print or type}: Institution Against Which Complaint is Filed: "3 MES lCLAlf UN Please sign and date section A, section or section and return to the address below: I have read the section, "lnvestigatory Uses of Personal information? in the OCR document "Information about DC R's Complaint Processing Procedures," which explains OCR's use of personal information. I understand that the Privacy Actof1974, 5 U.S.C. 552a, and the Freedom of Information Act 5 USE. 552. govern the use of personal information submitted to all Federal agencies and their individual components, including OCR. I will cooperate with OCR's investigation and complaint resolution activities undertaken on my behalf. I understand that my Failure to cooperate with OCR's investigation may result in the closure of my complaint. I give OCR my consent to reveal my identity [and/or that of my minor child/ward on whose behalfthe complaint is ?led] to the institution alleged to have discriminated, as well as other persons and entities, if OCR, in the course of its investigation or for enforcement activities, ?nds I do not give OCR my consent to reveal my identity [and/or that ofmy minor child/ward on whose behalf the complaint is ?led]. I understand that OCR may have to close this complaint if OCR is unable to proceed with an investigation without releasing my identity [and/or that ofmy minor childfward on Date A. and (mine) on B. whose behalfthe complaint is filed}. Signature Alternatively, ifyou are not ?ling this complaint on your own behalfor on behalfofyour own minor child/ward, you are responsible for obtaining written consent from the person on whose behalfthe complaint is ?led or, ifhe or she is a minor, that person's parent/guardian. have read this document, and i agree with the person who ?led this complaint. I wish you to proceed with UCR's investigation and resolution process. I give my consent for OCR to reveal my identity {and/or that of my minor child/ward on whose behalf the complaint is ?led) to other persons to the extent necessary for the purpose of resolution or investigation of this complaint. Name {print or type]: Signature Date UNITEDJX. DEPARTMENT OF EDUCATIC 5 REGION ?1 .. . . . DELAWARE OFFICE. FOR CIVIL RICH I E) KENTUCKY MARYLAND THEE WANAMAKER BUILDING, SUITE 515 'l?ti PENN SQUARE EAST PA mun-3323 July 29, 2013 RESPONSE, PLEASE REFER TO: 03132328 033(5): {bil7'lC} Dear {bilT'lC} 3 The Philadelphia Office for Civil Rights (OCR) is reviewing your correspondence which we received today. Our of?ce is currently evaluating your complaint to determine whether OCR has authority to investigate the allegations. We will contact you approximately within 30 days of the date of this letter. The enclosed information provides an overview of Complaint Resolution Procedures. If you have any questions, please contact Team Leader Rhasheda Douglas at (2?15) 656-8535. Sincerely, 3M Robert M. Carey ManagemenUProgram Analyst OCR Philadelphia Enclosures The Depnrtunrut mission is to promote strident achievement mni for glolml rmnpefitioenees tiyfostcring ednentionel exceii?enee ensuring eqnni necess. d. guv US. Department of Education Grant Awards - Detail Helg Page 1 of 2 Public Module Home Grant Award - Detail Pigk List Text Search Date Search Abstgact Seagch Summa? Rggorts U.S. Department of Education Granthooperative-Agreement Award Other Awards to This Grant: 2012 FROSTBURG STATE STUDENT 3: EDUCATIONAL SERVICES 2013 1 101 BRADDOCK ROAD FROSTBURG, MD 21532 Obligated Amount Award Date CFDA Subprogram CFDA Title Award Type Grantee Project Director Project Director Phone Start Date End Date ED Grant NumbEr ED Program Office Grantee Name Addressl Address2 City State Zip Code Cong. District Unit ID Sector Sector Text HBCU Tribal HSI Fiscal Year New Award Year Abstract Text Direct Link to this Record 05/08f13 84.047A TRIO Upward Bound Discretionary Timothy Mailoy [301) 682-4994 09i01/12 08f31/1? OPE FROSTBURG STATE STUDENT St EDUCATIONAL SERVICES 101 BRADDOCK ROAD FROSTBURG MD 21532 06 162584 1 Public, 4-year or above NO NO NO 2013 2012 The purpose of the Upward Bound (US) Program is to generate in program participants the skills and motivation necessary to complete a program of secondary education and to enter and succeed in a program of postsecondary education. Eligible applicants include institutions of higher education, public or private agencies or organizations, including community?based organizations with experience in serving disadvantaged youth, secondary schools, and combinations of institutions, agencies, Read more. htto decrobcoioul . ed rantawardfdetail .cfm? 7f29r'201 3 US. Department of Education Grant Awards - Detail Page 2 of2 - .I qrant fv 2013 a: Previous Page Back To TQQ 1 3 729/20 1 3 .1 a i Sheehan, Regina I From: Sheehan, Regina Sent: Friday, August 02, 2013 8:45 AM To: (b10113) Subject: Consent Form RECEIVED AUGUST 1, 2013 (131(5): (bit? Received your consent form, so you can disregard that portion ofthe Request for Clarification email sent earlier this morning. Sincerely, Regina D. Sheehan Equal Opportunity Specialist US. Department of Education Office for Civil Rights The Wanamaker Building 100 Penn Square East, Suite 515 Philadelphia, PA 1910? 215-656-8563 (direct dial) 215-656-8605 (fax) Sheehan, Regina I From: Sheehan, Regina Sant: Friday, August 02, 2013 8:29 AM To: (b)t5I; Subject: Request for Clarification Frostburg State University #03132328 Attachments: OCR Consent Formdoc Good Morning (W534 {Diff This is in further reference to your complaint received in our office on July 29, 2013 against Frostburg State University (the University). My name is Regina Sheehan, and I am a member of the OCR case evaluation team. OCR routinely sends out questions to complainants to clarify issues in their complaints to make sure we fully understand what is being alleged. OCR enforces regulations that prohibit discrimination on the bases of race, color, national origin, sex, disability, and age. The regulations enforced by OCR also prohibit retaliation against individuals who assert or defend a right or privilege secured by the laws OCR enforces, or participate in an OCR proceeding. In order to proceed further with your complaint, we need additional information regarding your allegation[s]. Piease respond to the questions below as specifically as possible. In responding to questions about your belief that an action by the University is discriminatory, please provide information indicating that the action was inconsistent with a University policy or practice (be as specific as possible), you were treated differently than others in a similar situation, andi'or that members of the University staff made statements that would indicate dislikeihostility on the basis of disability. In order to proceed further with your complaint, we need additional information regarding your allegaticn[s}. Please respond to the questions below as specifically as possible. 1. It appears you are alleging the University discriminated against you on the basis of sex by failin to resend to you appropriately and in a timely manner when you filed a sexual assault complaint (ital; (bit? 2. Regarding allegation please tell us: a} The date of the assauit, b) The date you reported the assault to the University, c) The name and title of the person(s) you reported the assault to; d) The University?s reSponse, e) If possible, please provide a copy of the complaint you filed with the University on -tblt5}; f) Did the University conduct an investigation of your complaint? If not, please provide the reason given by the University. Did you receive a decisionldetermination on your complaint? If so, please provide the date and if possible a copy of the response. h) The date(s) you were scheduled to meet with the President of the University? i) Did you ever meet with the President, if so, please provide the date, names of any other attendees, what was discussed. j) Please explain why you were denied the right to meet with the President. k) Please provide the date(s} you attempted to make contact with the University?s attorney. I) Did you speak with the Dean of Students? If so, please provide the date(s) and the nature of the conversation; m} In what way did the student conduct panel fail to handle the issue in a timely or appropriate manner? 1 i n) What if any actions did the University take as a result of your complaint? 3. it appears that you are also alleging that the University retaliated against you, please tell us: a) What action did you take that caused the University to retaliate against you? b) The date that you engaged in the action that caused the retaliation; c) The retaliatory action taken by the University and who at the University took this action; d) The date(s) the retaliation occurred; and e) How you were harmed by this action. 4. Do the allegations listed above in #1 fully and completely capture the atlegation(s) that you wish to raise at this time? Yes or No. {please circle or highlight your answer) if not, please edit the above allegations accordingly andior list your additional allegations. Please provide the following information about each additional allegation: - a) Describe the discrimination (who, what, when (date), where, how): b) State the basis for the discrimination sex); and, c) State your reasons for believing that the discrimination is related to that basisles). d) if applicable, please indicate how you feel the Student is being treated differently from similarly situated students 5. In your complaint, you list ?300(0) as the last act of discrimination occurring, please tell us what happened on that date. 6. To the extent that you are raising allegations regarding events occurring more than 180 days prior to filing this compliant events occurring prior to January 30, 2013, please indicate if you are requesting a waiver of the 180 day requirement and if so, explain why you did not file sooner. In your complaint you also stated that you have written information to help OCR understand your complaint. If possible, please provide the information via e-mail, fax, or mail. OCR's contact information is provided below. 8. Please provide any other documentation that you believe would help assist OCR in evaluating this complaint. We need to receive your response within 20 catendar days from the date of this letter by August 22, 2013). If we do not receive this information within 20 days, we may close your complaint. Also, OCR has not received your signed consent form which is due on or before August 18, 2013. In accordance with case processing procedures, in order to move forward, OCR needs to receive the signed consent form within 20 calendar days from the date you filed your on-line complaint (July 29, 2013) or OCR will close your compiaint. I am attaching a copy for your convenience, you can sign and scan back to me. If you need assistance, please contact Ms. Regina Sheehan, Equal Opportunity Specialist at 215-656-8563 or by email at Reqina.Sheehan@ed.qov The fax number at OCR is (215) 656-8605. Sincerely, Regina D. Sheehan Equal Opportunity Specialist US. Department of Education Office for Civil Rights The Wanamaker Building 100 Penn Square East, Suite 515 Philadelphia, PA 1910? 215-656-8563 (direct dial) 215?656-8605 (fax) Regina.sheehan@ed.gov 3"?x ltd?t. Sheehan, Regina I From: Itblt?l; Sent: Thursday, August 22. 2013 10:51 AM To: Sheehan, Regina Subject: Complaint Questions Regina, 1. It appears you are alleging the University discriminated against you on the basis of sex by failing to res and to you appropriately and in a timely manner when you ?led a sexual assault complaint {Dial (bl than; to This is accurate. On lime)? ?3mm II met with the Dean of Students, Dr. Jesse Ketterman in his of?ce located in Hitchens Building. 1 was accompanied bylibli?ii {billicl and Itblt?t {mate} I 2. Regarding allegation please tell us: a) The date of the assault, The assault took place on lime)? ?33mm lat approximately b} The date you reported the assault to the University, I I (bite): after the assault onItbll?l; {bltl?tCl lat approxim tale {bll?li (bit? There [Itblt?l I Itbti?li onlv because I was unsure if I wanted to report the matter. (3mm I Ilblleli {bl Iand I knew mime} [that there was a risk with the justice system in such matters, that it may not be worth it coming forward. No one would be guaranteed a good outcome so to speak, and victims are put through a lot. At the time I was alsolibiimi (time) I {Elle}; (bit? I was concerned people would ?nd out, and them I was actually Willa}? {mm} {blt?li IwhiIe also (blt?l; I (bile)? I I did not want my family to make melibli?l {leiCl land in turn I would feel like 1 1a down (?Wt It was on that I made contact with 'eregarding the incident. They strongly encouraged me 0 re ort the incident to the Universit . At this time, ?ill??Cl I I Itbli?l: and reported it on Pr'or to thisilbiieli (bill Iplaced a call to Vice?President of Student Educational Services, Dr. Thomas Bowling and (W5): (WHO) on Iota}; Hero; (WHO I wanted to let them know I would be out for a few days and the reason for my absence. 1 am unsure if Dr. Thomas Bowling alerted the Dean of Students prior to me speaking with him about what had happened. c) The name and title of the person(s) you reported the assault to; Jesse Ketterman, Dean of Students-he later reported the incident to Associate Dean of Students Jeffrey Graham, and libilel? (Wile) [however, I quickly learned that many people (of?cials) new without me telling them. The matter did not remain private, which was embarrassing when people knew and was unaware of them knowing. d) The University?s response, At this meeting, Dr. Ketterman informed me (WHO) I He gave me paperwork, and to . be com letelv honest ?3mm . I am not sure if it was the fact that IW Ior HWI, {Hm?Ibut ?we (mate: I. He told me he would speak to I It IS imperative to note, that after the incidentWI I?{blt?t (bitter land started Itblt?i: {more} I This is one of the reasons I chose to (Dime) I and ultimately libil?i? (Dime) Emmi; {ml??Cl I did not feel safe, and I clearly expressed this to Dr. Ketterman at the meeting. He in turn told Itblt?li {bill'tCl to not contact me verbally, electronically, etc. Dr. 1 . i? Ketterman also warned that if (?Wei saw me, he was to "walk away from me". As you later will learn, this rule was not adhered by. Maybe it was because (bit??Ci was there, but Dr. Ketterman never presented too many resources to me, as far as counseling and services go. Throughout this ordeal, I met with (blt?l: {bl?t?l (bit? I and liblm}? Ias well. On (W7 after the incident, I reached out to the {Diva}; I chose this organization because it was in honor of I, a (WHO) I. I thought having the connection to FSU would make them care and want to help. As it turns out, 1 spoke to who promised she would send me useful information and call in to check on me. I never heard from her again after the ?rst time we spoke. I am not sure if the University had something to do with this or not. e) If possible, please provide a copy of the complaint you ?led with the University on I will forward this document. f) Did the University conduct an investigation of your complaint? If not, please provide the reason given by the University. Yes they did. I will forward all information pertaining to this. The issue I had with this is that school planned the hearing for It was postponed at Wrequest. I was made aware of the change of date 3 days before. I felt bad for the witnesses and 1M5): who had made time in their busy schedules to be there, and it was easily pushed back at the request of It was this day that approached me in Lane Center. 1 was just told to document the incident and the University would address the issue. became my main contact, as Jesse Ketterman kind of backed off, and transferred the responsibility of communicating with me, to her. In an attempt to alleviate the problem of approaching me the came up with a schedule for him to be in the Lane Center. He did not follow the time restraints, yet the school still did nothing. He was in there numerous times when he was not supposed to be, and the University was aware of this. They did nothing to keep him away from me. g) Did you receive a decisiont?determination on your complaint? If so, please provide the date and if possible a copy of the response. The thing is, with this question, it is complicated. We had the panel hearing In which the student was found responsible for Sexual Misconduct 1 and 2. As well as endangering the life of another student. The panel issued for him to be suspended as a result, for the Fall 2013 semester. Just one semester suspension although I recommended expulsion. was graduating and that meant I would have to ?nish out the semester with him being there. Both parties had the opportunity to appeal, however it was not clear when the time frame would be before a decision was reached. 1 was told by that appeals were due by the latest of 4:30 PM. He filed an appeal that day. I was informed that 1 would know the outcome of the appeal by Monday. Then told Wednesday. I did not find out until During this time he could remain on campus. He kept harassing me, so I mime) on The student was still following and taunting me, so I contacted libiiali Truly my guardian angel, because her and reacted quickly. The student was temporarily removed from campus . He later came back to campus the following week, where he had more restrictions placed on him. University police were unaware about what was going on until I made contact with Wonl??l?l; (bit? I ?nally received a disposition from the school on which ultimately suspended the student permanently. He moved out from the residence hall on The University, Dr. Thomas Bowling, and others supported the board?s decision, however, ensured me that if the student reapplied at FSU he would not be admitted. Although I found that to be somewhat of a relief to know he would not be accepted back at FSU, it was unprofessional that it was based on the fact that Dr. Bowling Dr. Ketterrnan and Dr. Gibralter view admissions ?les with students that have judicial conduct records. h) The date(s) you were scheduled to meet with the President of the University? Chief of Police, Smith told me the President of the University, Dr. Jonathon Gibralter wanted to meet with me to seek out my opinions and advice for making the school's judicial process more victim friendly and supportivelWH was scheduled to meet with him. It is important to note that I had met with him 3 times after libll?ii (WW3) Ito discuss student affairs. It was not out of the norm for him to meet with me, but even if I was libil?ii (WW3) II should not have been denied that privilege that would allow me to voice my concerns and liberate my fears for future occurrences. 2 - i) Did you ever meet with the President, if so, please provide the dategn?ames of any other attendees, what was discussed. I graduated on. I was promised by Dr. Thomas Bowling and Dr. President Gibralter that we would meet before then. I emphasized it was important for me to address my concerns with the system so that if another girl suffered the same tragic event, she would not feel punished or guilty for reporting the matter. They never met with me. I even sent them an email with dates that worked for me to meet. All Dr. Bowling sad back was, "Thanks for making us aware of these times." j) Please ex lain why you were denied the right to meet with the President. On at :30 PM I showed up to meet with the President at his of?ce. That was when was greeted by Dr. Stephen Spahr, Vice President of Legislative Affairs. He told me he wanted to speak with a moment, and led me into his of?ce. There I was informed that I would not be meeting with the President due to it being a "conflict of interest". He proceeded to tell me that when the time was right, I would be allowed to speak with him. It) Please provide the date(s) you attempted to make contact with the University?s attorney. ~she replied, but was very rude and not helpful. I sent an email requesting the disposition from the second hearing that never occurred. She never responded. To elaborate, I was able to obtain the ?rst disposition from but I was told further communication needed to be between myself and the attorney because it was to be handled by her from there on out. I) Did you speak with the Dean of Students? If so, please provide the date(s) and the nature of the conversation; -very uncomfortable and did not appear to be serious in handling the issue informed him I wanted to go forth with the panel hearing tgixt?l; (bit? went over expectations for the panel; neglected to mention I could have an attorney present-when I showed up,libl{537 {bititcl Ihad a whole team -I met with [thit?li (bit? because Ketterman could not meet with me met with again There were times in between where i would stop in the of?ce after bad texted me, so she could update me. I cannot recall all dates. m) In what way did the student conduct panel fail to handle the isSue in a timely or appropriate manner? I reported the incident I was harassed during that entire time by Mocked. And intimidated. That student was ultimately suspend my University Police orders, not the decision of the University I ?nally felt safe when he ?nally left. After I ?led numerous complaints, called the Dean and when he would follow me or corner me, I ?nally had someone act on my behalf and that was Chief Smith, and ultimately months later I had some peace of mind. 11) What if any actions did the University take as a result of your complaint? They conducted the panel hearings. They did not suspend him temporarily while they investigated the matter or anything. They placed sanctions on the student, but neglected to enforce them. 3. It appears that you are also alleging that the University retaliated against you, please tell us: a) What action did you take that caused the Universi to retaliate against you? During the month of I raised awareness withabout sexual assault. In the graduation speech at my graduation Dr. Gibra ter noted students accomplishments and one of them was that a student raised awareness for sexual assault. I realize this is not retaliation per se, but it was targeted as a snide remark toward me. During the ?rst panel hearing, Dr. Ketterman spoke to Itblt?l; (bititCl first. Mine waited to hear the news about the decision. I am unclear whylibll?li (WHO) is awarded privileges and special treatment over a victim. I believe in coming forward, and making it somewhat public the school dismissed me as a student. I was no longer important to them, and every milestone I ever helped that school reach was forgotten. h) The date that you engaged in the action that caused the retaliation; (blt?l; - c) The retaliatory action taken the University and who at the University took this action; President Jonathon Gibralter and Jesse Ketterman; ignoring my existence and insulting the fact that as a student I tried to raise awareness about an issue that no one else cared about d) The date(s) the retaliation occurred; and was graduation. was the hearing. e) How you were harmed by this action. I felt as though I was a burden to the school. I felt like no matter what I did or said, it was wrong. That my decision to come forward was wrong. I trusted FSU. In my 3 years there, i gave everything I had to furthering that institution and leaving my legacy behind. In return, no one stood beside me or helped me. Not once did they make me feel strong or safe. I never felt like I did the right thing. 4. Do the allegations listed above in #1 fully and completely capture the allegation(s) that you wish to raise at this time?I Yes or No. (please circle or highlight your answer) If not, please edit the above allegations accordingly and/or list your additional allegations. Please provide the following information about each additional allegation: a) Describe the discrimination (who, what, when (date), where, how); We were Supposed to have a second student conduct panel to with charges against the student for harassment and going against a University of?cials orders (pertaining to the Lane Center sanctions that were violated). ,(bii?i; {bitiici he issued the statement of charges for the second panel hearin . It was scheduled for MT land only covered one of the events of harassment against me. On a day before the hearing is scheduled, I ?nd out that it is canceled. The email informing of the cancellation was vague. I contacted Ketterman and and found out they resolved it administratively and the student would never be allowed to return to FSU. They allowed him to plea responsible for going against a University of?cials order, and not responsible for the harassment against me. Upon 3 requests, I never received the disposition from this hearing. They never contacted me to see if that is how I wanted the hearing to be resolved. I had no input in the matter this time. I learned they made the decision on Ilbll?i; (bill?s?) Yet, they did not let me know until that Wednesday afternoon. b) State the basis for the discrimination sex); and, Sex c) State your reasons for believing that the discrimination is related to that basis(es). I believe it boiled down to the school not wanting to look bad. And I had already caused a commotion with the ?rst hearing, so at this point they were trying to appease me. d} If applicable, please indicate how you feel the Student is being treated differently from similarly situated students. During the ?rst panel hearing, a member on the panel asked me what my GPA was. They also noted the fact that (Dime) I I am sorry, but what does that have to do with me What about 3 ?30mm She is not (more) or does not have a substantial GPA. What does that have to do with the case at hand?! I felt morti?ed. If I could do it all over again, I would not have reported it to the school. It was not a friendly process and it and they made me feel guilty for talking about it. 5. In your complaint, you list as the last act of discrimination occurring, please tell us what ha - pened on that date. not only did I not hear back from the attorney from the University but I also never heard back from Dr. Bowling about a time that was good to meet. I can send the email correspondence regarding both of these. 6. To the extent that you are raising allegations regarding events occurring more than 180 days prior to ?ling this compliant events occurring prior to January 30, 2013, please indicate if you are requesting a waiver of the 180 day filing requirement and if so, explain why you did not file sooner. NIA i 7. In your complaint you also stated that you have written information ?to help OCR understand your complaint. If possible, please provide the information via e-mail, fax, or mail. contact information is provided below. I will forward these documents. Please rovide any other documentation that you believe would help assist OCR in evaluating this complaint. Comm}; Mm} lafter the anel hearing (?rst one), and othe?nally had the opportunity to speak with Ketterrnan. was confused how a school board could ?nd a studentand not expel him let alone allow the student to ?nish out the semester. Ketterman said, ?It is not a guilty verdict. He was found responsible. It was not rape, it was Sexual Misconduct In the school?s policy handbook rape is listed under Sexual Misconduct 1. He again said this same thing to me in his of?ce at a later date. This was the one thing that hurt the most. It was as if the student?s reckless behavior was undermined, and the school did not believe what happened to me. They also said we would face charges ourselves for underage drinking. Which is ?ne, I will admit I was drinking alcohol at mm) But the fact of the matter is that rape in my book, takes precedent over underage drinking. I apologize if this is confusing. I tried explaining it to the best of my ability in a timeline, but it is dif?Cult to not jump around when trying to recall every detail. Thank you-for taking the time to listen. I realize this may not go anywhere, but I truly just want FSU to change for the better. I never want another girl to be treated the way I was. (bll?l; Sheehan, Re ina From: Sent: Thursday, August 22, 2013 10:53 AM To: Sheehan, Regina Subject: Fwd: FW: Scan from a Xerox WorkCentre Attachments: Statement of Charges from the police. (W763) -, DISTRICT COURT OF MARYLAND FOR Mega"? Cotan it ADDRESSmer COURT 123 South learty Street, 2nd 1 10mr Cumberland, Maryland 21502-3005 NAME (EAST, FIRST. (an6) APPLICATION FOR STATEMENT OF CHARGES (CONTINUED) Pagc__2m__ or '5 (DRUG) ?15? NUMBER- IA (Rev. mac-2) LOCATED AT DISTRICT COURT OF MARYLAND FOR Nissan? County 123 South Liberty Slrcet, 2nd Floor Cumberland, Maryland 215026005 DISTRICT COURT NAME (LAST, FIRST. MJ.) [City-TM] APPLICATION FOR STATEMENT OF CHARGES (CONTINUED) ML 3 of 3 All the above Iisbcd events did occur it: Allegany County, Maryland. (WEI DCICR IA (Rev. 112002) {bithJ (m?m April 2, 2013 Jesse M. Ketterman J12, Dean of Students Frostburg State University Dear Dr. Ketterman: You had asked me to provide a written statement to be made part of the record in this case. {be33 (W063 ii ii Monday, April 22, 2013 3:16:39 PM ET Subject: Follow-up Date: Thursday, March 14, 2013 9:02:52 PM ET From: Jesse Ketterman To: libii?i; (bili?ici I CC: Jesse Ketterman {blUlCi Thank you for taking time to speak with me today. As we discussed, you are not to have any contact with either in person, written, verbal or electronic. Should a situation arise where you see her, I suggest that you walk in the other direction. Givenllbii?the area (hallways or offices) of the Lane University Center behind the information desk {administrative area}. In our conversation, you indicated that you need to schedule an event in the ARMAH that will require you to be in the administrative area. Please notify me 24 hours prior to entering that area of the building. I will make arrangements fo (bii?i; not to be there during that time. Failure to comply with this request will be considered a violation of University Policy and will be addressed in a Show Cause Hearing. As additional information is gathered regarding this incident, I will keep you informed of any action that will be taken by the University. Please let me know if you have any questions. Jesse M. Ketterrnan, Dean of Students 116 Hitchins Building Frostburg State University This email and any ?les transmitted with it are con?dential and intended solely for the use of the individual{s) to whom it is addressed. If you have received this email in error, please contact the sender. Any other use of this email is strictly prohibited. Page 1 of 1 Sheehan, Regina From: Sent: To: Subject: Attachments: Hearing Noti?cation #1 Thursday, August 22, 2013 10:54 AM Sheehan, Regina Fwd: Hearing Notification f? 7- OFFICE DFTHE VICE PRESIDENT FUR swoon nun source. 101 BRADDOCK none 5 A I I FROSTBIJREMD 21532-2303 301.532.4311 r301 15814937 HEARING NOTIFICATION (WING) Dear Attached is a Viola?on Report, indicating you have been referred to the Student Conduct System. THIS IS YOUR NOTIFICATION OF THE HEARING. The Violation Report, whim contains a statement of the charges. including a description of the conduct upon which the charges are based. and suggests the nature of evidence that will he presented against you. An explanation of each individual violation can be found in the Code of Student Conduct booklet andior Residence Hat! Guide. If you have not met with me. you are encouraged to do so immediately. At the hearing you will be asked to plead "Responsible" or "Not Responsible? to each violation. You will also be given the opportunity to present your statement regarding the incident. Should you he found responsible of any of the violations. a list of possible sanctions is provided in the Code of Student Conduct booklet. You also have the right to appeal the decision of the Hearing PanelfOf?cer. Procedures and grounds for appeal are provided in the Code of Student Conduct booklet. Please call 301-63?-4122 if you have any questions concerning this Hearing Noti?cation. Sincerely, Dr. Jesse M. Ketterrnan, Jr. Dean of Students cc: Student File Hearing Date Time: Location of Hearing: 116 Hilchins Building Person Referring Case: (bit?i; (bitTtC EROSTIURG STATE IS I THE UHWEBSIIT DF Incidents - Campus 1:03 PM Newmlueelaetmm Incident (an Dorm: Off-Campus Date Received: Incident {mm Room: VA Name: Kettennan Jr.Jesse Time: Location: Irons); (mime) I Referring Party: (bit? 1 (WW0) E: r? Endangering the Health and Safety of 5 . 1 21 Semmhers l{ 2 238 Sexual Misconduct I: 3 23b Sexual Mldoonduct II: 1 libl?il; (DINING) Circumstances Relating to Incidentts]: On the Of?ce of Student and Educational Services was informed of the criminal summons regarding I Upon review of the sit-augment of char tive. there was information to indite a possible violation of University Policy. On Fridangb?El; I Itbli?l; fvere given an opportunity to provide an additional statement. Attached with this referral is a statement provided by ?bus;- {bimci land the Statement of Charges. OK Canoell Page Inf 1 . HEATED AT ADDRESS) DISTRICT COURT or MARYLAND ma Albany County 123 South Street, 2nd Floor Cumberland. Maryland 2] 502-3005 HAMEUAST. FIRST, I 3 (WING) MIMI {Cl-WCng APPLICATION FOR STATEMENT OF CHARGES (CONTINUED) l?agc 2 of 5 Dcrca IA (Rev. 152902) (W63): (W003) NUMBER DISTRICT COURT OF MARYLAND. FOR Allegauy :3 LOCATED County rm?. 123 South Liberty Street, 2nd Floor Cumberland, Maryland 215023905 NAME (LAST, FIRST. 1 [cmm' I APPLICATION FOR STATEMENT OF CHARGES (CONTINUED) Page 3 of All the above [istcd events did occur in Allegany County. Mayland. 11!. (Rev. 1:200?) Sheehan, Regina - From: Itblt?i; (blmCi Sent: Thursday, August 22, 2013 10:55 AM To: Sheehan, Regina Subject: Fwd: Concerns Attachments: Posterjpg Email I sent to Chief Smith. -- Forwarded message From: I Date: "hu, Apr 18, 2013 at 2:56 PM Subject: Concerns To: Smith Hello Chief Smith. I was recently made aware that you are up to date with what is personally going on with me. My investigator (W703) Ihas informed and myself, that he has kept you up to date with everything going on. With that being said, I have always had the utmost respect for you (one of the reasons I sought out your expertise as well as Itblt?l: {bitit?l . I would like to inform you that (?mm Ia Student Conduct Panel heard my case and found "responsible" of endangering the health and safety of self/others, sexual misconduct I, and sexual misconduct 2. I was relieved when the panel rendered their decision, and upon me giving my closing statement (equivalent to a victim impact statement), I recommended expulsion. I made it perfectly clear that this was not in order to ruin his life, or gain vengeance for what he did to me but because instead to uphold that FSU emphasizes safety. Our University is plastered with posters, similar to the one that I have attached and 1 am sure you are familiar with them as well. I felt like the University would be doing an injustice to their own message by allowing a student found essentially guilty of rape, to return to the University and continue his education. I felt that the panel took a huge risk in deciding that was "immediately suspended", yet he could return . The fact of the matter is, is still at school. He has not been "immediately suspended" considering I have seen him count ess times smce the hearing. They have given him until Friday (tomorrow) to appeal the decision, mean while he was allowed to remain on-campus and finishes classes untiI Dr. Tom Bowling ruled based on the recommendation of the panel. I would also like to inform you that I reported several incidents where he came up behind me and got too close for comfort-very intimidating and I quickly ran away. To combat this reoccurring problem, Dr. Jesse Ketterman, Dean of Students, issued allotted times for to be present in the Lane University Center. Soon after their meeting, violated this order not once, but twice resulting in him being banned from the LUC. This clearly shows how shows no regard for the rules, and cannot exercise constraint over his actionsfbehavior. I eel that it is imperative to not, this worries me. I am highly concerned for the safety of other students at this school. Where does the University draw the line in protecting our students? What will it take? Another incident like my own, to make them realize that they have made a horrible mistake? I hope you can provide some insight into this matter, or maybe voice your own opinion regarding this matter. t? Thank you for your time and I look fom'ord to hearing from you. .4 M5 ?4315 o- 1 . Easl?u-n- .e I .: chi. in - f'f- .1- ?'?qrc fr? {Lil-?Fr Lc r: Yourvoice can make a diffemnce?! - - _1 . mer, Inc it?? .. .. ?atmang {f i Sheehan, Re ina - From: Sent: Thursday, August 22, 2013 10:56 AM To: Sheehan, Regina Subject: Fwd: April 18th Phone Call Attachments: Phone Call on April 18 2013.docx mime) account of one of the harrasment incidents. Forwarded message From; Itblt?l; {mote} Date: Fri. Ar 19 2013 at 9:14 AM Subject: Phone Call To: {blt?ii (Witt?) Hi I am glad that you are okay and that you are talking with Chief Smith. I have authored what I could recall about our phone call last night to provide as documentation of accounts. Because I was not there and I can?t fully explain all that you experienced, ANY details you can provide will be helpful to us. Thank you for continuing to reach out to me and keep me informed about your situation. Know that I am and always am available to you. Best, {blt?ii Frostburg State University {blt?ln At 7:54pm on Thursday, (?ll??Cl I received a phone call on my personal cell phone by {brine} I (W5): contacted me to describe a series of encounters that she, (WW) I and potentially others with (?Um I. IinBl: Ishared that she was exiting Chesapeake Dining Hall with the intentions to retrieve her mail from the mail room in Frederick Hall. She stated that she made contact with she and her party then walked away and proceeded to the parking lot behind Annapolis Hall. As 1 can best recall, (WAC) shared that while in vehicle, they again encountered libil?li (WW3) I. ?Wall ?335(3) Iwas standing near the vehicle, on his cell phone, and making contact with the parties in the car. :{bii?li shared that the vehicle was unable to move due to (Dime) presence. described more details, but I am unable to clearly articulate them at this time. ?300(0) was in th {Will {Dime} in the Lane University Center, she stated, during the time of the call. She shared that she was not alone and she declined my offer to come to campus for her. I asked if she was safe and she stated she was "okay." I would characterize {Dime} tone and demeanor to be anxious, fearful, and emotion. Parts of our conversation {Dime} was clear in her communication and there were times where she began Her voice was shaky and she was breathing hard. She was very shaken by the encounters. The phone call lasted 2 minutes. Accounts authored bylleBF-i {leCl Sheehan, Regina From: Sent: Thursday, August 22, 2013 10:56 AM To: Sheehan, Regina Subject: Fwd: Incident Repert Attachments: Incident Reportdocx My account of one ofthe harassment incidents. incident Report {Ulla}: (leCl On was in Lane University Center when I came in contact with IlWlmilbl?l?l?Cl l. was standing in the checkout line at Appalachian Station, when my friend (blle?ilbmc? alerted me that he was there. I immediately tried to hurry through the line and leave with my lunch, but I was met with the huge lunch crowd considering it was around 1:00 PM and meal plan equivalency had just started. I soon realized he knew I was there, and he began to stare at me. I finally managed to pay for my food, after my friend let me cut in line. It was then that he moved through the checkout line and came over to the drink station where was standing. My friend wasstanding behind me, and moved behind her. He purposely got in our drink line just to agitate me. As went to exit, I turned around and he was standing there and I had to step around him to leave. I know it may seem like a minor situation, but it made me feel extremer uncomfortable and he is going out of his way to make my life difficult. This is not the first time he has seen me in LUC and stared me down. I realize we are both students at FSU, but I am supposed to feel safe here. sadly do not. I am trying to very patient with the process, but accommodations need to be made where he is not intimidating rne. Thankyou. (bile); (DINING) in Incident Report on . I was in Lane University Center when I came in contact with libl?iilhm I was standing in the checkout line at Appalachian Stationy when my friend alerted me that he was there. I immediately tried to hurry through the line and leave with my lunch, but I was met with the huge lunch crowd considering it was around 1:00 PM and meal plan equivalency had just started. I soon realized he knew I was there, and he began to stare at me. I finally managed to pay for my food, after my friend let me cut in line. It was then that he moved through the checkout line and came over to the drink station where I was standing. My friend was standing behind me, and moved behind her. He purposely got in our drink line just to agitate me. As I went to exit, I turned around and he was standing there and I had to step around him to leave. I know it may seem like a minor situation, but it made me feel extremely uncomfortable and he is going out of his way to make my life difficult. This is not the first time he has seen me in LUC and stared me down. I realize we are both students at FSU, but I am supposed to feel safe here. I sadly do not. I am trying to very patient with the process, but accommodations need to be made where he is not intimidating me. Thank you. Wednesday, April 24, 2013 8:38:15 AM ET Subject: Follow-up Date: Friday, April 12, 2013 ?:46:50 PM ET From: Jesse Ketterman To: libil?i; {bililCi I CC: libil?i: (bilTlci I. Jesse Ketterman (bil?i; (bimCi I just want to make Sure that you understand expectations that are in place until Dr. Bowling reviews this matter. You are to have no contact with either in person, written, verbal, or electronic. Should you see her, you are to walk away from her. As discussed Thursday morningthe portion of campus that is east of University Drive, unless you are walking directly to class and returning directly to University Drive. Given the gravity of this incident, you are also not to have contact I (W5): either in person, written, verbal, or electronic. Should you see these individuals on campus, you are to walk away from them. Please understand that your failure to comply with these expectations will result In immediate removal from campus. If you have any questions, please let me know. Jesse M. Ketterrnan, Jr., Dean of Students 116 Hitchins Building Frostburg State University This email and any files transmitted with it are confidential and intended solely for the use of the lndividual(s) to whom it is addressed. If you have received this email in error. please contact the sender. Any other use of this email is strictly prohibited. Page 1 of}. On {Didi}: at approximately 1045 hours, a student named came into police headquarters to speak with an officer. After speaking with Chief Smith, I {bll?li (le spoke with advised that she has been having issues with another student named Iibll?li I was charged criminally for an incident in whichwas the victim. Afte was charged criminally, he was advised to have no further contact with. believed that this incident violated the no contact orderhad been given. advised that on numerous occasions since that day has made contact with her. Numerous times,has been inside the Lane Center and turned aroond onlyr to find that was standing directly behind her.advised not onlv was it directly behind her, but that he was standing within a few feet of her glaring at her. Each time this has happened has had to grab her things and walk out of her way in an attempt to avoid Wines not move for her and keeps showing up in the some places um. Essentiallvs going out of his wav to make his presence known to-. On at approximater 1945 hours, advised she was exiting Chesapeake Dining Hall when she observed a group of friends walking toward the dining hall from Frederick Hall. A few moments later, advised she observed skating on toward her location outside Chesapeake Hall. advised she was going to walk to the mail room in Frederick Hall to check her mail, but sincewas approaching her location, she felt threatened and walked with her friend toward car which was parked in Annapolis Lot. At this time, they decided to drive to the mailroom in Frederick Hall in order to avoid . After backing out of the parking space, and starting to drive toward Frederick 1b land were forced to stop. had to stop her car becausewas standing in the middle of the road glaring through the car windows a. He was making threatening contact and making feel very uncomfortable. After standing in the middle of the road for approaimateh,?r 1 minute, {bile}; (blii'i stepped out from in front of the vehicle and drove the car past his location. Due to this incident, requested leave the car parked outside of the mailroom at Frederick Hall while she ran inside and checked her mail. As exited the mailroom at Frederick Hall and returned to car, again approached the car and stood directly in front of it, impeding traffic. Once again, glared through the car windows and looked directly atlibll?i: libii?l: (on did not move this time, so had to back her car up and exit the lower hall area by driving out around Cambridge Hail. As she backed up and began driving around Cambridge Hall, hopped on and proceeded to (ka car. car onuntil he observed his roommate and stopped. advised that nothing else occurred at this time. Before leaving police headquarters, advised she was frustrated because was constantly making his presence known to her and she consta has to change what she is doing in to get away from After speaking to it was clear to this officer thatctions did constitute a violation of a no contact order. On at approximately 1445 hours I made contact with regarding this incident. was the witness to behavior toward libil?i; (b onlinB}; {hill 1 At this time, advised she would come in and write a witness statement about what occurred on outside of Chesapeake Hall. At approximately 1600 hours, came into police headquarters to speak with me. At this time, I advised to provide anv information she could think of regarding this incident in her written statement. was advised even if she did not think it was important to include it anyway. The following is witness statement. This statement is copied exactly how it was written, so grammatical or spelling errors may be present. After leaving the cafe' on campus, and I walked out onto the patio, where she looked out and committal? from. It was then 1 saw at the top of the hill near Anapolis. He skated down towards us while staring at When he reached the bottom of the hill he was so consumed with staring at that he fell off of. He remained in between the cafe the mailroom building, where we were trying to walk to staring at. turned nd told me "let's just drive down". So we walked up to my car at Anapolis. When I began to back out of my parking space, he had and was standing in the middle of the road blocking me and staring at mv vehicle, at us. When I pulled close to him he moved to the side of the road. I drove to Frederick so she could check her mail. while {bii?li was in the building he will in front of Frederick and waited for her to come out. When she did he stared at her until she was back in vehicle. We pulled out and then went to th {billi}; {bi?i . The above is exactly how the written statement form {mid}; appeared. 0n at approximately 1022 hours, I {Didi}; (bili?i attempted to make contact with (bii?i; (bi?l i was advised (bit? Ithatlibii?i; I may have been present and been a witness during this incident outside Chesapeake Hall on ibil?i: (W7 was unable to make contact with (Didi): but did leave a message (in his voicemail. On {Didi}; (ml? at approximately 1220 hours, I was alerted by police dispatch thalbii?i: was en route to the police station to speak with me. At this time, i reported back to the police station to speak with (bil?i; .Once I made contact with {bilii}; i asked him if there was anything he could tell me about the inciderlt on (bit? . At this time, advised he did not witness any incidentfaltercation between and W. At this time, I asked to tell me what events happened as he and reported to Chesapeake Hall to eat dinner on. advised that he was longboarding with and {bililci lat llbil?i.? ?fo campus). At approximately 1340 hours, they quit Iongboarding and decided to head back to campus in order to get something to eat. While walking back to Campus, advised they all stopped at Westminster Hall and dropped off their was very adamant that they did not on campus as it is against campus policy. After dropping off Wadvised helm. and Wheaded to Chesapeake Hall to eat. advised during this time, he did not observe any interaction between WI andlm. advised that even i would have approached he would not have known. advised he knows there is an issue betweenll?il?iid?i?] andIibil?ii but that he would not even be abie to identify who is. further advised he did not see approach anyone or follow anyone toward Frederick Hall. advised he thought that inHI, and libii?i; lall entered Chesapeake together, but he was not sure. advised that if anything occurred between and he did not observe it. Due to the statements made by he has been ruled out as a witness in this incident. Anything could contribute to this incident would be hearsay and as a resuit would be unreliable I i Onlibii?ii I [libil?ii lb} I) made contact with ibI(6i; (bili'lCi Irequesting he come to police headquarters speak to me about this (bl advised he would come in around 1230 hours and speak with me. At approximately 2230 hours, arrived at police headquarters. At this time, I had complete a written statement regarding what occurred on Thursday between and {b Ibroke his written statement down into two parts. The ?rst part was about the incident in question, and the second part was a general description ofehavior. The second part has nothing to do with this incident, but since it is part of the written statement it will be included. The first part of (bii?li lb} written statement is as follows: little): ?330(0) ?(bil?t (mm Land I off-campus. We began to return to campus. Once on campus I left {bii?l andand began working on a paper. I did not witness {mid}; Or any interaction between WW Oi?llbil?l; The above statement appears exactly how {bil?t (b wrote it on the FSU PD Voluntary Statement Form, as a result errors in punctuation or grammar may be present. That was the only information written brega rding the incident. advised that after he was done libli?li (man Iwithlibli?li (W7 nd he returned to his room at Westminster Hall. When said thatEW?dbegan walking toward Frederick Hall and Chesapeake Hall carrying lleC) not sure if and went to Chesapeake Hall to eat dinner or not. I was also advised bythat a few minutes after he le and that had to return to Westminster Hall to drop off a set of keys to. I was advised that grabbed the keys and went inside. advised he did not see anywhere near that location. Basically, said that if an incident occurred between lbi{6i: {bi and Ihe did not observe it. Since advised he did not witness any type of incident between and he will not be classified as a witness in this incident. Anything can say about this incident would be hearsay and as a result unreliable. The second part of {by written statement is as follows: has consistently made efforts to stay away from, and others who were involved. He has stayed in his room, with the exception of class for the majority of the last month. He under my witness has made no attempt to contact and has stressed to me on multiple occasions how he has no interest in speaking to her specifically because he does not want to jeopardize himself as far as school or this case. He has remained respectful of his set boundary on campus from when I have been with him and has made all efforts to avoid when she is seen. has specifically removed himself from her sight when she was, as I feel, intentially sitting with our friends of whom she is not close to. Doing this to specifically force to make a mistake. At that time we sat at the oppisite end of the cafeteria. i The above statement appears exactly how wrote it on the FSU PD Voluntary Statement Form, as a result errors in punctuation or grammar may be present. Again, the second part of the statement has nothing to do with this current incident, it was only included in the report because included it as part of his written statement. Obviously can not be with all hours of the day, so while advises he has not witnessed any type of interaction landlibii?i; {b I- it cannot be taken as fact. Instead it simply states that while has been with nothing has happened. However, during the times that {bii?x {bi is not withthere is no way for to accurately say whaas doing or where was at on campus. As a result. the second part ofstatement can only be viewed within the confines of when ?bii?ii (bl andlibil?i; are together. Sheehan, Re ina I From: Itbli?l; I Sent: Thursday, August 22, 2013 10:57 AM To: Sheehan, Regina Subject: Fwd: Judicial Case My first exchange with the Attorney. Forwarded message From: Karen Treber Date: Wed, Apr 24, 2013 2112209 PM Subject: RE: Judicial Case T0: libil?li (WHO) I Hello (W5): Please be advised that emails and other notices and/or FSU created documents regarding are personally identifiable education records. As such, they are protected by FERPA, the Family Education Rights and Privacy Act. In order to request a student education record, there are numerous procedural steps that must be followed. Primarily, would have to be notified of the request and would have the opportunity to request that a court not permit such disclosure. This process usually takes at least 14 days. I understand that you are looking for something that indicates that (blt?l; was not to have contact with you. It has been pointed out to me that this information is contained in several emails sent to you by (blUlCl Since you need something by tomorrow, I suggest that you use them for your hearing in court. If you need copies of the emails, please contact (bit? Sincerely, Karen A. Treber General Counsel Frostburg State University 101 Braddock Road Frostburg, MD 21532 1301! 687-4111 From: {bititci Sent: Tuesday, April 23, 2013 2:29 PM To: Karen Treber Subject: Judicial Case Mrs. Karen Treberaware of the JudicialfCriminal case pending regarding myself and another student, (bititCi II inquired with the administrators in Student Educational Services how I would go about getting a copy of an email correspondence between and the Dean of Students, Dr. Jesse Ketterrnan. The reason I am requesting this information, is because this Friday I am appearing before the court requesting a peace order. I would like to show proof that the school asked not to have contact with me, and he violated that order, hence why I need protectiOn from the court. I appreciate any response you can provide me. Thank you. Ilbl?il; (leCl {bll?lL {bit?NC) Sheehan, gains: I From: Sent: Thursday, August 22, 2013 10:58 AM To: Sheehan, Regina Subject: Fwd: Hearing Notification Attachments: Hearning Notificationpdf Hearing Noti?cation 2 THE iritt PRESIDENT FDR STUDENT AND SERVICES 101 not!) 5 A It I i rnosmuaeun 21532-2303 HEARING NOTIFICATION May 06. 2013 (bii?i; Dear Attached is a Violation Report, indicating you have been referred to the Student Conduct System. . THIS IS YOUR NOTIFICATION OF THE HEARING. The Violation Report. which contains a statement of the charges. including a description ot the conduct upon which the charges are based. and suggests the nature of evidence that will be presented against you. An explanation of each individual violation can be found in the Code of Student Conduct booklet andior Residence Haii Guide. If you have not met with me. you are encouraged to do so immediately. At the hearing you 1will be asked to plead "Responsible" or "Not Responsible" to each violation. You will also be given the opportunity to present your statement regarding the incident. Should you be found responsible of any of the violations. a list of possible sanctions is provided in the Code of Student Conduct booklet. You also have the right to appeal the decision of the Hearing PaneliOf?cer. Procedures and grounds for appeal are provided in the Code of Student Conduct booklet. Please call 301-68'i'4122 if you have any questions concerning this Hearing Noti?cation. Sincerely. na Severance ector of Residence Life cc: Student File Hearing Date a. Time: (bits); {bitiici Location of Hearing: 116 Hitchins Building Person Referring Case: Dr. Jesse M. Ketterman FRUSTBIJRG UNIVERSITY IS I (GHSTITUENT THI. UNIVERSITY SYSTEM DF HIRYLIHD Sheehan, Re ina From; Sent: Thursday, August 22, 2013 10:59 AM To: She-ehanr Reina Subject: Fwd: Update Attachments: Violation report for the: Hearing Incidents - Campus (SEE) MESIIE 11:49 AM NE Window I ?ew I gummy: Bags Incident Date: (WT-C Dorm: Various Dale Received: 044222013 Incident Rm: VA Heme: Ketterman Jr,Jesse Time: Location: Referring Party: memwm> I 531' Fr: Leg 1 20h Refusing a Reasonable Request 2 24 Harassment (wmm?w} :13; (W5): thM-I 6 Circumstances Relating to Inciden?el: (WW8) MENU RLFSU SARIZSS INCDTEJGBL Page 10f2 Incidents - Campus 41'251'13 11:49 AM OK Carine: l. 91-..- . .. Page 2 of 1 I Sheehan, Regina I I From: (bii?l; Sent: Thursday, August 22. 2013 11:00 AM To: Sheehan. Regina Subject: Fwd: Hearing Tomorrow Here is the email informing me that it was cancelled. Forwarded message From: Jesse Ketterman Date; Wed, May 15, 2013 at 2:51 PM Subject: Hearing Tomorrow To: (bilTil?) I Cc: (nitric) Tom Bowling {bli?li The hearing Scheduled for tomorrow was resolved administratively. (airs); (oil: will no longer be eligible to return to Frostburg State University. if you have anv questions or would like to meet with me to discuss the matter, please let me know. Jesse M. Ketterman, Jr., Dean of Students, Frostburg State University 301-687-4311 This email and any files transmitted with it are confidential and intended solely for the use of the individualls) to whom it is addressed. If you have received this email in error, please contact the sender. Any other use of this email is strictly prohibited. Sheehan, Regina - From: libil?l; (WW0) Sent: Thursday, August 22r 2013 11:01 AM To: Sheehan, Regina Subject: Fwd: Request for Disposition Email to Attorney that I never got a response to. Forwarded message -- 12mm; libit?l; (We) Date: Wed, May 29, 2013 at 12:22 PM Subject: Request for Disposition To: ktreberf??frostbumedu Mrs. Treber, I am writing to request a copy of the disposition from the second panel hearing regarding my case. I realize that this was resolved administratively, but I would like to have a copy for my records showing that plead responsible for going against a University of?cials orders, and not responsible for the harassment charges he faced. Seeing that I received a disposition for the ?rst panel hearing, I do not see how obtaining this second one would be a problem. Thank you. {Elia}; (bl(T{Cl r' UNITED stares DEPARTMENT OF REGION DELAWARE OFFICE FOR CIVIL RIGHTS KENTUCKY MARYLAND THE WANAMAKER BUILDING, SUITE 515 100 PENN SQUARE EAST PA 19107-3323 September 18, 2013 IN RESPONSE, PLEASE REFER TO: 03132328 Dr. Jonathan Gibraltar President Frostburg State University 107 Midlothian Road Frostburg, MD 21532 Dear Dr. Gibraltar: On July 29, 2013, the US. Department of Education (Department), Of?ce for Civil Rihts (OCR), received a complaint against Frostburg State University (the University). (the Complainant) alleges that the University discriminated against her on the basis of sex. Specifically. the Complainant alleges that the University failed to appropriately respond to complaints of sexual harassment that she ?led with the University in the spring semester 2013. OCR enforces Title IX of the Education Amendments of 19}? (Title IX), 20 U.S.C. 1681, and its implementing regulation. 34 C.F.R. Part 106. Title IX prohibits discrimination on the basis of sex in any education program or activity operated by a recipient of Federal financial assistance. As a recipient of Federal financial assistance from the Department, the University is subject to Title IX and its implementing regulation. Additional information about the laws OCR enforces is available on our website at Because OCR has determined that it has jurisdiction and that the complaint was filed timely, it is opening this allegation for investigation. Please note that opening an altegation for investigation in no way implies that OCR has made a determination with regard to its merit. During the investigation, OCR is a neutral fact?finder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and is dispositive of the allegations, in accordance with the provisions of Article of the Case Processing Manual. Please read the enclosed document entitled Complaint Processing Procedures," which includes information about: complaint evaluation and resolution procedures; regulatory prohibitions against retaliation, intimidation and harassment of persons who file complaints with OCR or participate in an OCR investigation; and application of the Freedom of Information Act and the Privacy Act to OCR investigations. Complaints of this nature can be resolved before the completion of an investigation through voluntary resolution agreements between OCR and the recipient as follows: - The recipient expresses an interest in resolving the complaint through an agreement; The Department ?s tirissiort is to promote student rteliietreriient mid preprtr'ntl'oi-r for gtobnl? corin'rctr?troeness by fostering educational excetterrt?e and ensuring sorrel access. ?incited. gov i Page 2 Dr. Jonathan Gibraltei - If the complaint can be resolved through a voluntary resolution agreement, OCR will draft an agreement for the recipient?s review; - if the recipient signs a voluntary resolution agreement, OCR will issue letters notifying the Complainant and the recipient that the case has been resolved; - OCR monitors voluntary resolution agreements; - The complainant is not a party to the agreement. OCR intends to conduct a prompt investigation of this complaint. The regulation implementing Title Vi, at 34 CPR. 100.6(b) and requires that a recipient of Federal financial assistance make available to OCR information that may be pertinent to reach a compliance determination. Pursuant to 34 C.F.R. 100.6(c) and 34 C.F.R. of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 12329, OCR may review personally identi?able records without regard to considerations of privacy or confidentiality. Accordingly, OCR is requesting that you forward the following information to us within fifteen (15) calendar days. Piease note that in this request, the term ?correspondence? inciudes, but is not iirnited to, e-rnaii, meeting notes, interviews, notes of teiephone conversations, and art 9 matter at issue does not exist, provide instead an expianation of the University?s usuai practice. 1. Please provide the name and contact information for the University's Title IX Coordinator and a written description of how that information is communicated to staff, students, and the public. 2. A copy of the University?s Title ix grievance procedures, including any appeal procedures, and a written description of how those policies are communicated to staff, students and the public. 3. A copy of any investigative manual, guidelines, or any similar document describing how the University investigates complaints of sexual assault, sexual harassment or a hostile environment on the basis of sex. 4. Copies of all records and correspondence from January 1, 2013 to the present concerning any complaint that the Complainant was sexually assaulted, harassed or subjected to a hostile environment on the basis of sex, including but not limited to: a. any complaint forms, appeals, andior a description of any verbal complaints made by the Complainant other representative(s}; copies of all documented interviews with witnesses; documents obtained during the course of any investigation; the results of the investigation, including a copy of any investigative report; a description of how the University notified the Complainant of the results of the investigation; and a description of any remedial actions, including interim measures, taken by the University to address the effects of the sexual assault. neon 5. To the extent that the University may have deviated from its Title IX grievance procedures during the conduct of the investigation or appeal, please explain, why. 6. Please describe any actions taken by the University to enforce sanctions against the Complainant?s harasser. Page 3 Dr. Jonathan Gibraltar" 7. Provide a detailed description of training provided to University faculty and staff since fall 2010 covering the topics of sexual harassment and sexual violence or other discrimination based on sex. include the date(s) provided and the names, titles, and quali?cations of the person(s) that who provided the training(s); and lists of attendees and their poisitions. Provide copies of any material provided during the training including power point slides. 8. Provide a detailed description of training provided to individuals responsible for investigating complaints of sexual harassment and sexual violence and to members of any committees or boards that hear or decide complaints on sexual harassment and sexual violence Include the date(s) provided and the names, titles, and qualifications of the personis) that who provided the trainingis); and lists of attendees and their positions. Provide copies of any material provided during the training including power point slides. 9. Provide the following information for all student complaints or reports of sexual harassment or sexual violence that have been brought to the University's attention (formally or informally) during the 2011-12 and 2012?13 school years. For each complaint identified, please provide the information below with the dates for each step of the process: a. The name, or unique identi?er, and sex of the student who made the report or complaint. b. The name or unique identifier, sex and position student, faculty, staff) of the individual against whom the complaint was filed. c. The date each complaint was filed, the date the investigation was started, the date the investigation was completed, the date any hearing was convened, date the final decision was issued, and a description and date of any other step in the process. d. The type of report or complaint filed formal or informal). e. The allegation(s) made in the report or complaint including whether it alleged sexual harassment, sexual assault or sexual violence, and whether the incidentfs) described in the complaint occurred on or off campus. If off campus, indicate the location, whether the location was hosted or sponsored by the University and whether the location was owned or leased by the University. f. The title of the University of?ce or name of University staff member where the report or complaint was ?led (campus police, student services, academic dean, counselor, etc.) 9. Indicate whether the complaint was investigated. If yes, provide the name and title of the University official or staff member who investigated the complaint. if the complaint was not investigated, please indicate why an investigation was not conducted. h. If the complaint was investigated, provide a copy of all investigative reports, findings or other documents that describe the outcome and resolution, including a description of all the remedies and sanctions resulting from the decision. i. Indicate whether a hearing was conducted in connection with the complaint. if a hearing was conducted, describe the process used and the names and titles of all persons who participated in the hearing and decision making; provide a cepy of the hearing decision, report or other documents describing the hearing decision, including all documents describing the remedies and sanctions that resulted from the decision. j. Indicate whether an appeal was filed and by whom. If yes, provide a cepy of the appeal procedure, identify the staff person responsible for deciding the appeal, and provide a copy of the appeal decision or outcome. Page 4 Dr. Jonathan Gibraltar" 10. A detailed written response to the allegations of this complaint. 11. Any other information the University believes would be helpful in resolving this matter. in an effort to improve the convenience, accessibility and quality of our interactions with our customers, we request that you submit requested evidence and information by e-mail in an electronic format whenever it is convenient to do so. This may include using e-mail to forward scanned or saved hard copy documents, PDFs, other e-mails, digital photographs, spreadsheets and databases. When data files are too large for email, a CD by regular mail would achieve a similar result. Similarly, if you have access to e?mail and can receive information from OCR in an electronic format, please provide us with your email address. To the extent that information we have requested (such as relevant policies or procedures) is available online, please provide the URL address(es) where the information is located. In addition, please advise us if you have ready access to a web camera or have other video- conferencing capability, in order for us to facilitate face?to-face communication. Use of these digital media can greatly enhance the quality, speed and ef?ciency of our case resolution activities. Please notify OCR of the name, address, and telephone number of the person who will serve as the University's contact person during the resolution of this complaint. We would like to talk with this person as soon as possible regarding the information requested in this letter. In addition, OCR may need to request additional information and interview pertinent personnel. if an on-site visit is determined to be necessary, you will be contacted to schedule a mutually convenient time for the visit. Thank you for your cooperation in this matter. if you have any questions, please contact Regina Sheehan at 215-656-8563 or by email at regina.sheehan@ed.gov. Sincerely, K?f Rhasheda S. Douglas Team Leader Philadelphia Of?ce Enclosures FKE COPY i UNITED STATES DEPARTMENT OF REGION DELAWARE OFFICE FOR CIVIL moms KENTUCKY MARYLAND THE WANAMAKER BUILDING, sum: 515 loo PENN SQUARE EAST PHILADELPHIA, PA 19107-3323 September It, 2013 IN RESPONSE, PLEASE REFER TO: 03132328 Dr. Jonathan Gibraltar President Frostburg State University 107 Midiothian Road Frostburg, MD 21532 Dear Dr. Gibraltar: On July 29, 2013, the US. Department of Education (Department), Of?ce for Civil Rights (OCR), received a complaint against Frostburg State University (the University). (the Complainant) alleges that the University discriminated against her on the basis of sex. Speci?cally, the Complainant alleges that the University failed to appropriately respond to we complaints of sexual harassment that she ?led with the University in the spring semester 2013. OCR enforces Title lX of the Education Amendments of 1972 (Title 1X), 20 U.S.C. 1681, and its implementing regulation, 34 C.F.R. Part 106. Title 1): prohibits discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance. As a recipient of Federal ?nancial assistance from the Department, the University is subject to Title ix and its implementing regulation. Additional information about the laws OCR enforces is available on our website at Because OCR has determined that it hasjurisdiction and that the complaint was ?led timely, it is opening this allegation for investigation. Please note that opening an allegation for investigation in no way implies that OCR has made a determination with regard to its merit. During the investigation, OCR is a neutral fact-?nder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and is dispositive of the allegations, in accordance with the provisions of Article ill of the Case Processing Manual. Please read the enclosed document entitled Complaint Processing Procedures," which includes information about: OCR's complaint evaluation and resolution procedures; regulatory prohibitions against retaliation, intimidation and harassment of persons who file complaints with OCR or participate in an OCR investigation; and application of the Freedom of Information Act and the Privacy Act to OCR investigations. Complaints of this nature can be resolved before the completion of an investigation through voluntary resolution agreements between OCR and the recipient as follows: - The recipient expresses an interest in resolving the complaint through an agreement; OEFLE. Iii, ?i i UNITED STATES DEPARTMENT OF g?fmg; OFFICE FOR CIVIL RIGHTS mist-cosy MARYLAND THE WANAMAKER BUILDING, SUITE 515 WEST mam 1m] PENN SQUARE EAST PHILADELPHIA, PA 191013323 September 18, 2013 IN RESPONSE, PLEASE REFER TO: 03132328 (WW0) Dear (bltficl This refers to the complaint you filed with the US. Department of Education (the Department), Office for Civil Rights (OCR), against Frostburg State University (the University) alleging sex discrimination. Speci?cally, you (the Complainant) allege that the University failed to appropriately respond to complaints of sexual harassment that you filed with the University during the spring 2013 semester. OCR enforces Title ix of the Education Amendments of 19?2 (Title IX), 20 U.S.C. 1681, and its implementing regulation, 34 CPR. Part 106, which prohibits discrimination on the basis of sex in any education program or activity operated by a recipient of Federal financial assistance. As a recipient of Federal financial assistance from the Department, the University is subject to Title lX and its implementing regulation. We will investigate the allegation above because OCR has jurisdiction and the allegation was filed timely. Please note that investigating an allegation in no way implies that OCR has decided its merit. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources. OCR will ensure that its investigation is legally suf?cient and is dispositive of the allegations, in accordance with the provisions of Article Ill of the Case Processing Manual. Complaints can be resolved before the completion of an investigation through voluntary resolution agreements between OCR and the recipient as follows: ?n The recipient expresses an interest in resolving the complaint through an agreement; if the complaint can be resolved through a voluntary resolution agreement, OCR will draft an agreement for the recipient's review; a If the recipient signs a voluntary resolution agreement, OCR will issue letters notifying the Complainant and the recipient that the case has been resolved; - OCR monitors voluntary resolution agreements; - The complainant is not a party to the agreement. The Department of Education '5 mission is to Student m'llietiemertt and preparation for global by ?ISfcring axcallcuca and ensuring equal access. Bur A Page 2 (WW3) You have allegations with which OCR will not proceed. You alleged that the ?iVEFSity retaliated against you because, during April 2013, you raised awareness with the (manhunt?) ?labout sexual assault. Specifically, you allege that the University retaliated: 0 when a University administrator stated, during a graduation speech, that a student raised awareness about sexual assault; and I by speaking to the harasser's family ?rst at a hearing. In order to proceed with an allegation of unlawful retaliation, the complainant must allege or OCR must be able to infer from the facts given that: (1) an individual engaged in a protected activity; (2) a recipient was aware of the protected activity; (3) a recipient took adverse actions against the individual contemporaneous with or subsequent to the protected activities; and (4) there was a causal connection between the adverse actions and the protected activities. If any of those elements are not present, then OCR cannot investigate the claim of retaliation. An alleged adverse action caused lasting and tangible harm, whether the action reasonably acted as a deterrent to further protected activity. or if the individual was precluded from pursuing his or her discrimination claims. Merely unpleasant or transient incidents usually are not considered adverse. Your action in raising awareness about sexual assault does not constitute a protected activity because you did not oppose any act or policy that would be unlawful under one of the laws that OCR enforces or participate in a proceeding under one of the laws OCR enforces. Therefore, we are dismissing your retaliation allegations, effective the date of this letter. This letter sets forth OCR's determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon. cited, or construed as such. OCR's formal policy statements are approved by a duly authorized OCR of?cial and made available to the public. The complainant may have the right to file a private suit in federal court whether or not OCR ?nds a violation. If you have any questions, please contact Ms. Regina Sheehan at 215-656-8563 or regina.sheehan@ed.gov. Sincerely, asheda S. Douglas Team Leader Philadelphia Of?ce Enclosures i UNITED STATES DEPARTMENT or EDUCATION REGION DELAWARE OFFICE FOR CW IL RIGHTS KENTUCKY MARYLAND THE WANAMAKER BUILDING, SUITE 515 10o PENN SQUARE EAST PHILADELPHIA, PA 19107?3323 September x, 2013 IN RESPONSE, PLEASE REFER TO: 03132328 (WW0) Dear (blt?l; This refers to the complaint you filed with the US. Department of Education (the Department), Office for Civil Rights (OCR against Frostburg State University (the University) alleging sex discrimination. Specifically, you (the Complainant) allege that the University failed to appropriately respond to hip-complaints of sexual harassment that you ?led with the University during the spring 2013 semester. OCR enforces Title IX of the Education Amendments of 19T2 (Title DO, 20 U.S.C. 1681, and its implementing regulation, 34 C.F.R. Part 106, which prohibits discrimination on the basis of sex in any education program or activity operated by a recipient of Federal financial assistance. As a recipient of Federal financial assistance from the Department, the University is subject to Title and its implementing regulation. We will investigate the allegation above because OCR has jurisdiction and the allegation was filed timely. Please note that investigating an allegation in no way implies that OCR has decided its merit. During the investigation, OCR is a neutral fact-?nder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources. OCR will ensure that its investigation is legally suf?cient and is dispositive of the allegations, in accordance with the provisions of Article of the Case Processing Manual. Complaints can be resolved before the completion of an investigation through voluntary resolution agreements between OCR and the recipient as follows: a The recipient expresses an interest in resolving the complaint through an agreement; 0 If the complaint can be resolved through a voluntary resolution agreement, OCR will draft an agreement for the recipient?s review; If the recipient signs a voluntary resolution agreement, OCR will issue letters notifying the Complainant and the recipient that the case has been resolved; - OCR monitors voluntary resolution agreements; - The complainant is not a party to the agreement. OFFICE OF THE PRESIDENT GEi'lERat t?i BRADDUCH 21532-2303 T301.68i?.rtlil June 6, 2014 Hillti?iifli? we email Amy Niedzalkoski, Esq. US. Department of Education Office for Civil Rights The Wanamaker Building, Suite 515 100 Penn Square East Philadelphia, PA 19107 Dear Ms. Niedzalltoslti'. As we discussed by telephone, Frostburg State University (the ?University?) wishes to provide the Department of Education Office for Civil Rights a response to some of the statements made by (bit? I in Itblt?l; (bifl'fCl . we realize that ocn is not basing its investigation on (mine) I however, since the University has not been able to obtain the complaint made to OCR by we feel that perhapis a representation of some of her concerns. This response, alon with documents previously provided to OCR, is made in order to correct factual errors made by to reiterate the University's actions taken in this case, and to offer to provide additional documentation to OCR, if so requested. Please note that the University is responding oniy to statements made by Win {bl{5l; (bit? I, and is not making assumptions about the contents of her OCR complaint. stated that_lil6i;lbili contacted Dr. Bowling on :DrBowlinsis certain that he was contacted on {530(3) . This is corroborated by the call received by (WHCI which 033(5): {bit?ff stated occurred on {blt?lif land during whichasked for Dr. Bowling?s number at home. stated that Dr. Bowling never informed any agencies of the incident and no one reached out to her between Iibll?l'. As he stated in his dismssion with OCR, Dr. Bowling responds that he was specifically asked by (bin Inot to take any action until decided whether she wanted to come forward and he respectrequest for confidentiality. However, Dr. Bowling did inform libii?i: {bitilci Ion (bilitC) that She would be (oils); to) in the future due to medical reasons. A cepy of that email is attached. The University is providing this email now because we are not certain whether it has already been provided to you. (bit? first reported the incident to Student Services on (bll?i; when she met with Dr. Ketterman. She states that she received no pamphlets on counseling or other support services. Dr. Ketterman responds that came to his office with (WWI) from the (biti'iCi the (ME): (blii'iC) that is recommended in the pamphlets. Dr. Ketterman also lJ'ilt'EiiRITt irii'l?tltiu'. 7le uril'i'ilikli't ?stills! ill ivis. Niedzalkoski June 6, 2014 Page 2 responds that he does not require individuals he meets with to sign that they have received information on support services, but that it is his standard practice to provide this information and he believes he did provide it to libll?ili it?ll?" I Dr. Ketterman further responds that he discussed support and service options ?330(0) I including counseling services at the University, and those available in the community, and that he notified that he would be available for any questions or concerns, but that IE would act as the support person forl(bli?i; (bliiTiC Ias soon as she returned to the University. 6' Ii. responds that she contactedlibli?liibllf Ion ibli5li (leCl [and told she was available 24/? should require anything at all. in addition to meeting with has numerous text messages between herself and but we have not provided them to OCR due to their personal nature and to protect privacy. However, if you require us to provide them, please contact me. states that she was given until after Spring Break to make a decision. Dr. Ketterman responds that he toldthat he would be available after Spring Break to meet with her again, but that there was no deadline on her decision to go forward with a panel hearing or any other action. As has been discussed with you, the University followed its current policies in taking actions to protect, first by requiring that the parties have no contact with each other, then making these measures more specific and stringent by notifying each party that they had particular hours during which they could each be in the student center, and then further restricting to a specific part of the campus. These measures are described in emails sent to both parties which have been previously provided to DCR. states that she was not informed that she could bring an attorney to the hearing. ibii?i; lb} responds that she informed (bii?l; (bitiicl of her ability to have an attorney present, and that (bii?i; (bit? did in fact bring a support person who was an attorney to the hearing. {bitiiCl stated that she was asked questions by the panel about ?3353?? and what she was wearing the night of the incident. Dr. Ketterman and (bii?i; (bit respond that they do not recall these questions from the panel. 033(5)} {Dime} stated that as a result of the panel hearing, {bird}; {bititci was suspended'only for the fall 2013 semester. The University responds that the panel recommendation was suspension for both the spring 2013 and fall 2013 semesters and this recommendation was approved by Dr. Bowling. stated that she contacted Police Chiemeith on to discuss the results ofthe panel hearing and further stated that she was rEquired to file another report with University Police regarding failure to comply with the no contact requirements placed on him by the University. The University responds that had the option but not the requirement to file a report with University Police, asalso reported the incident to on the same day 2 ?ll?P'I Ms. Niedzaikoski June E, 2014 Page 3 and the University took the immediate action described in the next paragraph. By omission, {Didi}; implies that the University took no action in relation to theincident, but states that (this); (tilt? only told her to document the situation. The University responds that as a result ofactual and alleged violations of the University?s no contact requirement, WWI the University placed an interim suspension on requiring libil?li Ito leave campus immediately and not return until a panel hearing could be conducted. The University further responds that informed of this action on (bit (DESI {Dime} states that she obtained a peace order on (bii?i'. from the Allegany County court requiring that have no contact with her. The University responds that it was aware of the peace order, and had already taken steps to set up a panel hearing of the case involving@ (ova); actual and alleged violations of the University's no contact requirements. stated thatwas not removed from campus until The University responds that both parties were entitled to an appeal from the hearing panel?s recommendations and both parties filed appeals with Dr. Bowling. Dr. Bowling affirmed the hearing panel?s decision on and informed both parties of the denial of their appeals. As a result, and pursuant to the panel?s decision to suspend tor the spring 2013 semester, was required to remove his belongings from the University and the University arranged for him to do so on The University wishes to clarify that was not on campus between his interim suspension on and the day the University arranged for him to remove his belongings on This response tolibli?li (bill'icl lis confidential and has been provided only to the OCR. Also attached as a reference is the University's timeline of events, which has been previously provided to you. if you have any questions or require further documents, please contact me. Sincerely, i? if" xx Karen A. Treber General Counsel cc: Dr. Bowling Dr. Ketterman (blt?l; {bit?tic) Tom Bowling From: Tom Bowling Sent: Monday, March 04. 2013 10:42 AM To: ?aii?i' Subject: (bi{6i; absences from clage's I received a call on Sunday I who informed that {bite}; as missed and will be missing some ciasses for medical reasons. If you have any questions or need additional information, please do not hesitate to contact me. Thank you. Thomas L. Bowiing Vice President for Student and ducationai Services Frostburg State University Frostbarg, Maryland 21532 301. 637.4311 Ix.) (1. Attachment Timeline Summary of Response to Complaint by (WC) (bane) On Ilbllali mimic} lltbil?ili a student at Frostburg State University met with Dr. Jesse Ketterman1 Dean of Students. She was accompanied by a representative From Itblt?litletC} indicated that she had been sexually assaulted on Itbll?li (WW3) Iby Itbtt?t; toltitcl I also a student at the University. libli?l? ?3mm Iwas the ?rst contact (blt?l: {Wit-l had with any University staff member or representative regarding the alleged assault. At that meeting, she requested that (W7 not have any contact with her. Dr. Kettennan explained University policies and hearing procedures to th53i (bliltcl land gave her the contact infonnation for {bits}: lime); (more) support person to mime} . That same evening, Dr. Kettennan met with tb}(5}i (WW3) who understood and agreed to comply with a request by Dr. Kctterman to have no contact with Dr. sent an email on the evening of (WW3) to botlt parties reiterating that neither was to have contact with the other. [On (bii?ililbi?'m criminal charges were filed against in Allegany County Circuit Court] Iwho acted as a University The University was closed during the period from Monday, March 18, 2013 through Friday, March 22, 2013, for spring break. On (Wallibmcl Dr. Ketterman met with Iandlfill?i?l??UM:r He explained the hearing procedures and recommended that (HE): (bit? consider withdrawing from the University. On (WHO) . both {him}? (WW3) and (bli?li (Dime) were provided a copy of the University?s referral statement of charges against {bititcl and were each given an opportunity to provide an additional statement to be included in the referring document. On expressed concerns about (?Mammal being in Appalachian Station, the food court in the Lane Student Center at the same time as she. The Lane Center food court is a primary venue for meals for students. it'll??Ci 4" - ?ta?r alleged that had not spoken to her, but had made her feel uncomfortable by staring at her. (bit?i; {bitiici denied that he was staring at ?3395)? {Dime} 1 mime} Dr. Ketterman and (bit?ll ibiiTiCl had a conference call with (bite) (?Kali (mi? and his attorney. As a result of that discussion, (bli?l; {bum} agreed that he would be permitted to be in the Lane Center only during CCI'itltti specific hours oFthe day. (W53: (Dime) was informed of the hours (Dime) would be permitted in the Lane Center. On (bll?liibmcl informed ili?liibl? that had been in the Lane Center Outside oftlte agreed ttpon time the previous day on {blt?li Upon further investigation by the University, it was determined that (?mm was in the Lane Center 30 minutes outside ofthe agreed upon permissible times. On 033(5)? (Dime) Dr. Ketterman and {big met with (bliali ?33mm and his attorney to discuss this violation ofthe agreed upon restricted hours. The parties all agreed that, except to attend class, (WW3) would be restricted to an area ofeampus close to Westminster Hall (his residence). This area included the Chesapeake Dining Hall, and Frederick Hall (where the student mailroem is located}. (?mm was informed 01" these restrictions by {bitiitbl . On pursuant to University policy, a panel hearing was conducted to address Complaint of violation ofthe University?s sexual assault policy (the omplaint). The hearing panel, composed ol?faculty, staff and students, recommended an immediate suspension ol'one academic year for . The parties were given ?ve business days to appeal the outcome ofthc hearing. Pursuant to University policy, (bit?i; {bit?NC) was permitted to remain on campus during the appeal period, with the {bitti}: (bit? restrictions in place. On tbit?ii ibiiTiCl I, libii?li (ml??Cl I informedofanother encounter with between Chesapeake Dining Hall and Frederick l-lall. She stated that had not talked to her, but she felt he was attempting to intimidate her. denied that he had seen and stated that since he had not seen her, he was not attempting to intimidate her. Due to the encounters with {bitti}; (biti?tcl and until they could be determined to be intentional or not, on (bite); (bit't'tC) Dr. Ketterman required that (W531 {Eli??Cl leave campus pending a hearing to address the expectations set forth regarding contact with (bli?l; I M. 15. 16. t: I 5 Both (Dime) and ?3mm submitted appeals to the decision of the judicial panel in a timely manner. On Dr. Thomas Bowling, Vice President of Student and Educational Services, sent written notice to both parties denying their appeals. The outcome of the hearing took effect immediately. (bile)? (W703) was required to remove his belongings from the University. He forfeited the spring 2013 semester was sUSpended 011 of a panel hearing regarding the violations of contact with (ml??Ci agreed to an administrative hearing by telephone. This heating was conducted by Dr. Ketterman with and his attome to address the violations of the time and place restrictions agreed to byWy?I on and . As a result of this hearinglibll?li (?Hm I agreed that he would not reapply or otherwise be readmitted to the University following his one year suspension, thus resulting in permanent suspension from the University. FSU Procedures for Pursuing Complaints of Discrimination and Sexual Harassment In conformance with federal and state law and university policy we are guided by the principle that there shall be no difference in the treatment of individuals because of race, color, creed, religion, national origin, sex, age, disability, veteran status, or sexual orientation. Equal opportunity and access to programs shall be available to all members of the university community, both students and employed personnel at every level, and to all units, facilities, and services of the university. Frostburg State University has established an internal grievance procedure providing for prompt and equitable processing of complaints through informal and formal procedures. Members of the campus community may at any time discuss matters involving allegations of discrimination or harassment in an informal way with the Director of and Title IX Compliance, Hitchins Administration Building 30?, (301) 687'-4102, TDD (301) 68?-?955. Complaints directed against an employee of the University will be handled by the Director of and Title IX Compliance (?the Director"). Complaints by a student directed against another student of the University will be handled by the University's Judicial Administrator. In both instances, the procedures described here will be followed. PROCEDURES APPLICABLE TO BOTH IN FORMAL AND FORMAL COMPLAINTS: 1. Parties any member of the University community may bring a complaint of discrimination or sexual harassment pursuant to these procedures. Such a person is known as the Complainant. The person against whom the complaint is brought is known as the Respondent. 2. Timing of Complaints A complaint must be brought within sixty {60) calendar days of the Complainant having reasonable knowledge of the occurrence of the act(s} upon which the complaint is based. In the case of a student complaint against a faculty member, the complaint must be brought within sixty (60) calendar days after the last day of the semester in which the incident occurred. 3. Confidentiality To the extent permitted by law, the confidentiality of all persons involved in a discrimination or sexual harassment investigation or complaint will be observed, except insofar as information needs to be disclosed so that the University may effectively investigate the matter or take corrective measures. Confidentiality during and after the conclusion of an investigation is of utmost importance and is the responsibility of all involved persons. Unauthorized disclosures in violation of University policies may result in disciplinary action and/or other sanctions. 4. Retaliation Persons who complain about discrimination or sexual harassment, reSpond to a complaint, or cooperate in the University?s handling of reports or complaints shall not be subject to retaliation for doing so, whether Or not the University finds that there was harassment or discrimination. If anyone believes that she or he is being subjected to such retaliation, she or he should immediately report it to the and Title IX Compliance Director. 5. Advisers Both the Complainant and the Reapondent may elect to have an advisor of choice to assist in all phases of the formal complaint process. The advisor shall be selected from the University?s staff, faculty, or student body but cannot be a lawyer, nor can a party have legal counsel present during any stage of the complaint process. The Director will be available for consultation with advisors and to help a party obtain one, if necessary. 6. Conflicts Should the ADAIEED and Title IX Compliance Director or the President be a Complainant or Respondent in a complaint of discrimination or sexual harassment, a substitute will be duly appointed. Choice of forum The University will not accept or consider a complaint from the same complainant which is substantially the same as one being or previously considered by another University 0r governmental proceeding. INFORMAL COMPLAINT PROCEDURE 1. Registering Complaints The Director of ADAIEED and Title IX Compliance is available for informal consultation and resolution when an individual feels that discrimination, including saxual harassment has or may have occurred. Such consultation is normally the beginning step in resolving differences which arise from alleged discriminatory practices. The Director will provide the Complainant with a copy of University procedures for pursuing complaints of discrimination or sexual harassment and will discuss these procedures to help the Complainant understand the process. The Complainant will also be instructed to complete the Discrimination Complaint Form. 2. Discussion The Director will discuss the issues with the Complainant to gain an understanding of the concern being registered. The Director may request that the alleged violation be further described in writing by the Complainant, or the Director may develop a written statement of the complaint for review and validation by the Complainant. 3. Resolution Negotiated resolution is a process by which the Director attempts to resolve complaints quickly and to the satisfaction of all parties without reaching formal findings. Generally only the complainant and respondent are involved in the negotiated resolution process, except as needed to consult with appropriate University officials regarding University policies and procedures. It is expected that this process will not take more than 14 working days, except in unusual or unavoidable circumstances. The Director wiil prepare a written summary of the complaint, the process used to expiore it, and conclusions and recommendations. The summary will be provided to both the Complainant and the Respondent. FORMAL COMPLAINT PROCEDURE If the informal process fails to resolve the dispute, or a complainant chooses not to use the informal precass, the formal complaint procedure will be applied. 1. Initiation of Complaint A formal complaint will be processed in two situations, as follows: (A) If either the Complaint or Respondent disagrees with any conclusion reached by the Director during the negotiated resolution process, the party may utilize the formal complaint process. He or she must indicate a desire to do so in writing within 15 days of the date of the Director's written summary, and must describe the conclusions that are disputed. (B) If the informal process was not used, the Complainant begins the process by conferring with the Director and completing the Discrimination Complaint Form. If necessary, additional written information may be requested by the Director. (C) The ReSpondent will be given a copy of the Complainant?s written submissionifs) (?the Complaint?) by the Director and then shall submit a written reSponse to the allegations to the Director. The response shall be provided within 10 days of the receipt of the Complaint. (D) The Director will decide if an investigation of the dispute should be undertaken or if the matter should proceed directly to a hearing. 2. Investigation The Director shall conduct and conclude any investigation of the facts as as possible. The Director will arrange meetings with the Complainant and Respondent as needed. The investigation may include review of relevant University records as well as interviews with witnesses. At the conclusion of the investigation, the Director shall prepare a written decision setting forth findings of fact concerning the alleged events; a conclusion that a violation of the University policy did or did not occur, and a recommendation as to any disciplinary sanctions that should be imposed. Recommended disciplinary sanctions may include, but are not limited to, a letter of reprimand, a letter of apology, counseling, demotion or suspension, termination of employment, or expulsion from the University. In preparing this decision, the Director shall consult fully with the University's attorney and any other appropriate University officials as necessary and required. The written decision shall be forwarded within 10 days of the conclusion of the investigation to the Complainant and the Respondent. The Complainant and the Respondent will also be informed of their rights to accept the decision of the and Title IX Compliance Director or to request a formal hearing. If neither the Complainant nor the Respondent requests a formal hearing within the time stipulated below, the decision of the Director shall be implemented as the final decision of the University. 3. Hearing If either the Complainant or Respondent disagrees with any conclusion reached by the Director, either may request a formal hearing. The request must be made in writing within 15 days of the date of the Director's written decision. The hearing request must identify the finding(s} that are disputed and the reason{s) for the disputes. (A) Fred-lea ring Procedures I. 1. The Director will notify the Chair of the Committee to convene a Hearing Panel consisting of five voting members of the ADAKEED Committee. No member of the Hearing Panel may have served as an investigator, witness or party in connection with the complaint in question. The Director shall provide to the Chair a copy of the Complaint, the response, and the request for a heanng. 2. The Chair, in consultation with committee members will establish a hearing date and time. Every effort will be made to conduct the hearing within 15 days of the request. The Chair will notify the Complainant and Respondent of the date, time and place of the hearing in writing at least 10 working clays prior to the hearing. .i 3. The Chair also will notify the Complainant and Respondent of their right to produce witnesses and present documentation supporting their positions at the hearing. The Complainant and Respondent will be asked to submit the names of any witnesses to appear at the hearing at least working days prior to the hearing date, but the parties are responsible for securing the attendance of their witnesses at the hearing. (B) Hearing Procedures 1. The Chair will focus the hearing so that it concerns solely those issues or aspects of the decision of the DirectOr about which the parties disagree. 2. The Complainant and the Respondent will be present throughout the hearing unless they voluntarily choose not to participate. 3. Witnesses supporting the Complainant or Respondent will be present at the hearing only while making their own statements and responding to any questions from the Hearing Panel. 4. Advisers may be present during the hearing. Both the Complainant and the Respondent may confer with their respective advisors, but may not participate in general discussion during the proceedings or ask questions of any persons appearing before the Hearing Panel. 5. The Director will serve as a resource to the Hearing Panel and shall be in attendance during all proceedings. 6. University counsel may be present to advise the Committee. During the hearing the Chair may exclude irrelevant or unduly repetitious testimony. 8. The parties and the Hearing Panel may question the witnesses, including the parties. The Chair may decide that the parties may not directly question each other, instead, they may convey their questions to the Chair who then will ask them. in . 9. The Hearing Panel may consider any other evidence that the Chair decides is relevant and helpful. (C) OrdEr of Hearing 1. The Chair will ask the Complainant to begin the proceeding with an oral or written presentation of hisfher complaint. The Complainant then may be questioned. 2. The witnesses appearing on behalf of the Complainant will then present statements, and may be questioned. 3. The Chair will ask the ReSpondent to give an oral or written presentation of his/her response to the Complainant. The Respondent then may be questioned. 4. The witnesses appearing on behalf of the Respondent will then present statements, and may be questioned. 5. The decision of the Director shail be introduced as evidence but is entitled to no presumption of correctness. 6. The Complainant and then the Respondent may each present a summary statement at the conclusion of the hearing. The Chair may suspend the hearing and convene it later if additional evidence must be sought. 4. Resolution 1. Within fifteen (15) days of the conclusion of the hearing, the Hearing Panel will submit a written report to the President containing its findings, conclusions and recommendations, and will send a copy to the Director. The Chair will forward a letter summarizing the findings of the Hearing Panel to the Complainant and Respondent. 2. Within fifteen (15) days following the receipt of the report of the Hearing Panel, the President shall issue a final written decision which may accept, reject, or modify the recommendations of the Panel. The final decision shall be mailed to the Complainant, the Respondent, the ADMEEO and Title 1): Compliance Director and the members of the Hearing Panel. 5. Additional Options for Resolution State law provides remedies for persons who claim to be victims of discrimination or sexual harassment, outside of the procedures described above. Employees may file an employment discrimination complaint with the President pursuant to Title 5, Subtitle 2 of the State Personnel and Pensions Article of the Annotated Code of Maryland. Nonexempt employees may bring discrimination or sexual harassment complaints in the form of a grievance under the procedures set ferth in Title 13, Subtitle 2 of the Education Article of the Annotated Code of Maryland as set forth in the Memorandum of Understanding between Frostburg State University and the American Federation of State, County and Municipal Employees, Article Grievance procedure. Individuals may file a complaint with the federal Equal Employment Opportunity Commission, the Maryland Commission on Human Relations or the United States Department of Education. Should an individual wish to file a formal complaint with an external agency, additional information on the procedures can be obtained from the Office of Human Resources or from the Director. A person wishing to file a complaint with an external agency should contact that agency to verify the time periods and other requirements for filing. In addition, it is important to note that filing an internal complaint under the University's own procedures or under the optional internal procedures referenced above, does not extend the time period for filing a complaint with any of the external agencies. FROSTBURG STATE UNIVERSITY GENDER-BASED HARASSMENT AND VIOLENCE POLICY Effective January 1 . 2016 Lillian?moot; POLICY STATEMENT ..1 II. DEFINITIONS ..1 SEOPEANDAPPLICABILITY ..4 A. Individuals covered and protected bvthis policy ..4 B. Jurisdiction ..4 C. Reports involving minors or suspected child abuse and neglect .. 4 IV. TITLEIX COORDINATOR ANDTITLEIXTEAM ..4 V. PROHIBITED CONDUCT ..5 A. SexoaIHarassment ..5 B. Gender-Based Harassment ..6 C. SexualViolence ..7 1. Sexual Assault Nonconsensual sexual intercourse .. 7 2. Sexual Assault - Nonconsensual sexual contact .. O. Sexual Exploitation E. Sexual Intimidation ..7 F. RelationshipVioIence ..8 l. DomesticViolence ..3 2. OatingViolence ..3 o. Stalking H. Complicity ..8 I. Retaliation ..9 VI. REPORTINGOPTIONS ..9 A. Reports to Law Enforcement ..9 B. Reportstothe University ..lO 1. Timeperiodforreporting JO 2. Anonymous Reporting ..10 3. ResponsibleEmplovees ..11 4. Students ..11 5. PublicAware-ness Events and Programs ..ll 6. IRS-Approved Research .. 11 VII. OBTAINING HELP AND SUPPORT ..11 A. Finding a Safe Place ..11 B. Seeking Medical Attention and Preserving Evidence ..12 C. Obtaining Support ..12 1. On-Campus Resources .. 12 2. Off-Campus Resources .. 13 3. Other Community Resources ..14 PRIVACY AND CONFIDENTIALITY ..15 A. Distinction between privacy and con?dentiality ..15 8. Requests for Con?dentiality ..15 C. Records .. 15 D. Release of Information .. 16 lit. REMEDIAL AND PROTECTIVE MEASURES ..16 A. Types of Remedial and Protective Measures ..16 B. Interim Suspension or Separation from University .. 17 1C. ACADEMIC FREEDOM AND FIRST AMENDMENT PROTECTION .. 1? XI. AMNESTY FOR ALCOHOL AND DRUG POSSESSION AND CONSUMPTION ..18 XII. CONSENSUAL RELATIONSHIPS AND PROFESSIONAL CONDUCT ..13 FALSE REPORTS ..18 XIV. EDUCATION, TRAINING, AND PREVENTION PROGRAMS .. 18 Till. PROCEDURES FOR REPORTS OF PROHIBITED CONDUCT .. 19 A. Complaints against Students and Employees .. 19 3. Complaints against Third Parties Not Af?liated with the University .. 19 I. POLICY STATEMENT Frostburg State University (the "University? values responsibility, respect, tolerance, and equity. To that end, the University is ?rmly committed to maintaining a learning and working environment free from Gender-Based Harassment, Sexual Misconduct, Relationship Violence, Stalking, Complicity, and Retaliation ("Prohibited Conduct"). Because Prohibited {onduct undermines the University's mission and jeopardizes the character and integrity of our community, Prohibited Conduct will not be tolerated and is expressly prohibited. This policy provides the expectations for maintaining a safe, inclusive, and nondiscriminatory environment and the process for reporting and resolving alleged violations of the policy. Students, faculty, and staff who violate this policy may face disciplinary action up to and including expulsion ortermination from the University. The University does not discriminate on the basis of sex or gender in employment or any of its education programs oractivities. Sexual harassment, sexual assault, and other categories of sexual misconduct are forms of sex discrimination that are not only prohibited under this policy but also under federal and state discrimination laws. In accordance with Title IX of the Education Amendments of 1 (?Title lit?), the federal law that prohibits discrimination on the basis of sex in federally funded educational programs and activities and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ["Clery Act"), this policy is designed to provide for the prompt, equitable, and impartial investigation and resolution of incidents of Gender- Based Harassment, Sexual Misconduct, Relationship Violence, and Stalking. it is the responsibility of all members of the University community to create a safe and inclusive environment that is free from Prohibited Conduct. Individuals who report violations of this policy in good-faith will be protected from Retaliation. This policy applies to all reports of Prohibited (onduct and supersedes and replaces the University?s Sexual Harassment Policy, PN 1.004. II. For the purposes of this policy, the following terms have the de?nitions provided below. Please note that some of these terms may also be used in other contexts, such as in connection with criminal or legal proceedings, and their meaning may be different in those contexts. Consent Clear, voluntary and unambiguous agreement, expressed in mutually understandable words or actions, to engage in a speci?c sexual activity. Consent must be obtained. It is the responsibility of the person who wants to engage in the sexual activity to ensure that they have consent from the other party, and that the other party is capable of consent. Accordingly, when there is a dispute as to whether sexual activity was consensual, the University?s investigation will assess whether the person initiating the sexual activity knew, or should have known, that the sexual activity was not consensual orthat the other party was incapable of providing consent. Consent must be af?rmative. Consent requires an af?rmative demonstration, through words or actions that conveys a clear willingness to engage in the sexual activity. As a result: I An individual cannot infer consent through silence, lack of resistance, or absence of a verbal "no" or "stop." Relying solely on non-verb oi communication may result in violation of this policy. It Consent cannot be inferred by the existence of a current or prior dating orsexual relationship between individuals. I Consent to any one form of sexual activity does not automatically imply consent to otherfonns of sexual activity. - Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent most be ongoing, Consent must be present throughout the sexual activity and may be withdrawn at any time. However, withdrawal of consent requires an outward demonstration, through understandable words or actions, which clearly conveys that a party is no longer willing to engage in the sexual activity. if there is any confusion as to whether there is consent or whether prior consent has been withdrawn, the parties should stop the activity until the confusion is resolved. Consent must be voluntary. Consent can never be obtained by use of physical force, threats, intimidating behavior or coercion. Furthermore, consent cannot be obtained by taking advantage of an individuals inability to give consent because of incapacitation. Coercion Words andlor conduct that substantially impairs an individual's ability to voluntarily choose whether to engage in a sexual activity. It exists when a person applies an unreasonable amount of pressure on another for sex. For example, when a person makes clear that they do not want sex, want to stop, or that going past a certain point of sexual interaction is unwanted, continued pressure can be coercive. Coercion is evaluated based on the intensity, frequency, and duration of the words or actions. Complainant Individual who experienced the reported Prohibited Conduct, regardless of whether that individual made the report, participated in the University?s review and investigation, or ?led a formal complaint alleging violations of this policy. If an individual who experienced Prohibited Conduct chooses not to ?le a formal complaint, the University may at its discretion initiate an investigation and serve as the Complainant in any proceeding under this policy and accompanying Procedures. Con?dential Employees Employees who are not required to report incidents of Prohibited Conduct to the University. The only con?dential employees at the University are the Brady Health Center and Counseling and Services employees. Employee Faculty or staff employee, regardless of type lie, regular or contingent) Force Physical violence andlor imposing on someone physically to gain sexual access. Force can include threats, intimidation, and coercion that are used to overcome resistance. lncapacltatlon or incapacitated ii state where an individual cannot make an informed and rationai decision to engage in sexual activity because the individual lacks the mental andlor physical ability to understand the nature of the sexual activity lie, the who, what, where, why, or how of the sexual activity). There are a number of causes for incapacitation, including, but not limited to: it Being asleep or unconscious Intermittent consciousness - Existence ofa mental or developmental disability - Consumption of alcohol or other drugs Alcohol or drug use is one of the primary causes of incapacitation, but consumption alone is insuf?cient to establish incapacitation. Incapacitation is a state beyond intoxication, impairment of judgment, or "drunkenness." The impact of alcohol and drugs vary from person to person, and evaluating whether an individual is incapacitated and unable to give consent, requires an assessment whether the consumption of alcohol or other drugs has rendered the individual physically helpless and substantially incapable of: - Making decisions about the potential consequences of the sexual activity; - Appraising the nature of one's own conduct; - Communicating consentto the sexual activity; or - Communicating unwillingness to engage in the sexual activity. An individual who is incapacitated is unable to consent to sexual activity. Under this policy, in evaluating incapacitation, the University will assess whether the Respondent knew or should have known, the (omplainant was incapacitated. interim Measures Temporary actions taken by the University to protect the safety and wellbeing of the parties and to foster a more stable and safe environment during the University?s investigation and resolution process. Interim Measures are initiated based on information gathered when an incident of Prohibited Conduct is reported to the University. Interim Measures are not intended to be permanent and thus may be amended or withdrawn as additional information is gathered. No {attract Order An of?cial University directive that serves as notice to an individual that they are prohibited from verbal, electronic, written, or third party communications with another individual. The University may issue a No {ontact Order as a remedial and protective measure, including as an interim Measure, in order to enhance the safety of all parties,the broader University community, andlor to protect the integrity of the University?s investigation and resolution process. Respondent An individual accused of engaging in conduct that violates this policy. Responsible Employee An employee who has the authority to address Prohibited (onduct, who has a duty to report incidents of Prohibited Conduct, or who a member of the University community could reasonably believe has such authority or duty. Except for the Con?dential Employees identified above, all University employees have been designated as Responsible Employees by the University. Responsible Employees who learn of orwitness Prohibited Conduct involving a student or third-party are required to report such Prohibited Conduct to the Of?ce of Gender Equity. Responsible Employees who are of?cers, department chairs, deans, directors, managers, or supervisors are also required to report Prohibited Conduct that they learn of or witness involving a University employee to the Of?ce of Gender Equity. Sexual Misconduct A broad term that encompasses Sexual Harassment, Sexual Violence, Sexual Exploitation, and Sexual Intimidation. Sexual Misconduct can occur between people of the same sex or between people of different sexes. It can also include both intentional conduct and conduct that results in negative effects, even if those negative effects were unintended. AND APPLICABILITY A. Individuals covered and protected by this policy This policy and associated procedures apply to the conduct of, and protect, all University students, faculty, and staff?regardless of gender, sexual orientation, or gender identity. This policy also applies to contractors and other third parties within the University's control. B. Jurisdiction This policy applies to Prohibited Conductthat occurs: 1. 0n campus, which includes any University facility or University property: 2. Offcompus, if the conduct: occurred in connection with a University sponsored, recognized, or approved program University? sponsored study abroad or internship program), impedes equal access to any University education program or activity or has the effect of creating a hostile education or employment environment for a member of the University community, or otherwise threatens the health andlor safety of a member of the University community. In determining whether the University has jurisdiction over off-campus conduct that is not part of a University sponsored, recognized, or approved program, the University will consider the following factors: 0 the seriousness of the alleged conduct, I the risk of harm involved, a whether both parties are members of the University community, and a whether the off-campus conduct is part ofa series of actions that occurred both on and off campus. C. Reports involving minors or suspected child abuse and neglect All members of the University community are required to comply with applicable laws and regulations regarding the reporting of child abuse and neglect. Under Maryland law?, University employees who learn or have reason to believe that a child under the age of 18 has been subjected to abuse or neglect, including sexual abuse, must report this abuse or neglect to law enforcement or the appropriate child protective services agency. This reporting obligation includes past incidents of abuse or neglect~ meaning individuals must report suspected child abuse or neglect even ifthe abuse occurred in the past and the victim is now an adult. In order to ensure compliance with the law, employees must notify University Police within 48 hours of the event that caused them to believe that a child has been subjected to abuse or neglect. University Police will take immediate steps to assist with the protection of the child and comply with all applicable legal reporting requirements. IV. TITLE IX COORDINATOR AND TITLE IK TEAM The Title IX Coordinator is responsible for the administration of this policy and oversees the University's response to, and investigation and resolution of, all reports of Prohibited Conduct. The Title IX Coordinator leads the University?s Office ofGender Md. (ode S?i'tlS. More information on mandatory reporting ofchild also: and neglect can befound at mo usr'biogripaqe 4 Equity, which is also staffed by a Deputy Title IX Coordinator. The Deputy Title IX Coordinator is responsible for investigating complaints of Prohibited Conduct and assists the Title IX Coordinator with case management, training, and prevention. Members of the community who would like guidance on this policy and its accompanying procedures may contact the Of?ce of Gender Equity. Office of Gender Equity is located in the Hitchins Administration Building, Room 126. Individuals may call the of?ce at 301 637.4183 or send an email to Emily 1. Caputo, Title IX and Compliance Coordinator 301 .683-31 17 (direct) - eicapotogafrostburgedu April Paul Baer, Deputy Title Coordinator 3016313035 (direct) - aphaerp?frostbusgedu The Title lil Coordinator is also responsible for leading the University?s Title 1! Team. Members of the Title lit Team include the Title IX Coordinator, Deputy Title ix Coordinator, and Chief of University Police. On some occasions, based on the nature of the Prohibited Conduct, members of the Title IX Team may also include Title lit investigators, University Counsel, andfor members from Student Affairs, the Provost?s Of?ce, and Human Resources. Individuals are encouraged to contact the Title lit Coordinator with any concerns about this policy or the Universitys application of Title IX. Complainants also have the right to seek redress from state and federal governmental agencies, including the Department of Education's Of?ce of Civil Rights at215.656.8541 orocr.philadelphia@ed.gov: U.S. Equal Employment Opportunity Commission at 1.800.669.4000; and with the Maryland Commission on Civil Rights at 4107618600. V. PROHIBITED CONDUCT The University prohibits the following conduct: A. Sexual Harassment Sexual Harassment is a form of unlawful sex discrimination and means any unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome verbal, physical, or electronic conduct of a sexual nature when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual?s employment, evaluation of academic work, or participation in a University-sponsored educational program or activity; 2. Submission to or rejection of such conduct by an individual is used as a basis for an academic, employment, or activity or program participation decision affecting that individual; or 3. Such conduct has the purpose or effect of unreasonath interfering with an individual?s academic or work performance, it is suf?ciently severe, persistent, or pervasive to create an intimidating, hostile, humiliating, demeaning or sexually offensive working or learning environment). A person?s subjective belief alone that the behavior is offensive does not necessarin make that behavior sexual harassment. The behavior must be objectively reasonable meaning that a reasonable person in similar circumstances and with similar identities would ?nd the behavior hostile, intimidating, or abusive. A single isolated incident of sexual harassment may create a hostile environment if the incident is suf?ciently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to create a hostile environment, particularly if the harassment is physical. Sexual harassment: in May be blatantand involve an overt action, threat, orreprisal; or may be subtle and indirect, with a coercive aspectthat is unstated butimplied. I May or may not include an intent to harm. - May not always be directed at a speci?c individual. - May be committed by anyone, regardless ofgentler, age, position, or authority. While there maybe a power differential between the parties, often due to differences in age, educational, employment, or social status, harassment can occur in any context. - May be committed by a stranger, an acquaintance, or someone with whom the Complainant has a current or previous relationship, including a romantic or sexual relationship. a May be committed by or against an individual or maybe a result of the actions of an organization or group. May occur in the classroom, in the workplace, in residential settings, or in any other setting. a May occur by or against an individual of any sex, gender identity, gender expression, or sexual orientation. - May be committed in the presence of others or when the parties are alone. - May occur through electronic communications, including email, text message, and social media. The following list contains examples of behavior of a sexual nature that if unwelcome, may constitute sexual harassment. Physical (onduct: touching, hugging, kissing, fondling, or touching oneself sexually for others to view. Verbal (onduct: sexual or "dirty jokes," comments on physical attributes or an individual?s body, spreading sexual rumors, bragging about one?s sexual activity in front of others, using sexually degrading words or sounds to a person or to describe a person, sexually explicit statements or stories that are not legitimately related to employment duties, course content, research, or other University program or activity. Visual Conduct: leering, displaying or distributing sexually explicit drawings, pictures, andfor written material. Written Conduct: letters, emails, instant messaging, text messaging, blogs, web pages, and social media containing comments, words, or images of conduct described above. Quid pro quo: making an academic or employment decision dependent on whether an individual submits to sexual advances, threatening reprisals after an individual has turned down sexual advances, offering academic or employment bene?ts in exchange for sexual favors. B. Gender-Based Harassment Unwelcome verbal, physical, or electronic conduct of a nonsexual nature based on sex, sex-stereotyping, sexual orientation, or gender identity that has the purpose or effect of unreasonany interfering with an individual's academic or work performance lie, it is suf?ciently severe, persistent, or pervasive to create an intimidating, hostile, humiliating, demeaning, or offensive working or learning environment). For example, harassment for exhibiting what is perceived as a stereotypical characteristic for one's sex or for failing to conform to stereotypical notions of masculinity or femininity, regardless of the actual or perceived sex, gender, sexual orientation, gender identity, or gender expression may violate this policy. C. Sexual Violence? Physical sexual acts perpetrated without consent. Sexual violence includes rape, sexual assault, sexual battery, and sexual coercion. 1. Sexual Assault - Noncoasensual sexual intercourse involves any act of sexual intercourse with another individual without consent. Sexual intercourse includes vagina! or anal penetration, howeverslight, with any body part or object, or oral penetration involving mouth to genital contact. 2. Sexual Assault ll Nooconsensuoi sexual contact involves any intentional touching of the intimate parts of another person, causing another to touch one?s intimate parts, or disrobing or exposure of another without consent. intimate parts may include genitalia, groin, breast, or buttocks, or the clothing covering them, or any other body part that is touched in a sexual manner. Sexual contact also includes attempted sexual intercourse. D. Sexual Exploitation Non-consensual or abusive sexual advantage of another person for one?s own advantage or bene?t or for anyone other than the person being exploited, or taking advantage of another person?s sexuality. Examples of sexual exploitation include, but are not limited to: - observing another individual's nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved; I non-consensual sharing or streaming of images, photography, video, audio recordings of nudity or sexual activity, or distribution of such without the knowledge and consent of all parties involved; a knowingly exposing another individual to a sexually transmitted disease or virus without his or her knowledge; - knowingly failing to use contraception withoutthe other party?s knowledge; 0 inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity; and a threatening to disclose an individual?s sexual orientation, gender identity, or gender expression. E. Sexual Intimidation Threatening behavior ofa sexual nature directed at another person. Sexual intimidation includes: - threatening to sexually assault another person; - engaging in indecent exposure; and - gender~based stalking, including cyber?stallcing 2in additions to violating this policy, certain acts of sexual violence are crimes in the state of Maryland. Under Maryland Criminal Procedure Article ?sexual assault? means rape or a sexual offense in any degree that is speci?ed in Whom i-iz-i oi the {normal Law Article ofthe Annotated Code of Haryiand. F. Relationship Violence Relationship violence is a broad term that encompasses Domestic Violence and Dating Violence. 1. Domestic Violence? Domestic violence refers to sexual or physical abuse committed by any of the following individuals: 0 a current or former spouse or intimate partner of the Complainant; a person with whom the Complainant shares a child in common; a a person who is cohabitating with or who has cohabitated with the Complainant as a spouse or intimate partner; I a person similarly situated to a spouse of the Complainant; or any other person against an adult or youth complainant protected from those acts by Maryland's domestic and family laws. For the purposes of this policy, individuals are not covered within the scope of this de?nition solely by virtue of their status as a roommate or former roommate in University housing or as a co-tenant or former co-tenant in off- campus housing shared with other students. 2. Dating Violence Physical or sexual abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. Whetherthe relationship is of a romantic or intimate nature is determined bya variety of factors, which include: a the length of the relationship; a the type of relationship; and the frequency of interaction between the persons involved in the relationship. G. Stalking? A course of physical or verbal conduct directed at another individual that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress. I A "course of conduct? consists of at least two acts. - "Substantial emotional distress" means signi?cant mental suffering or anguish that may, but does not necessarily, require medical treatment or professional counseling. 0 A "reasonable person? means a reasonable person under similar circumstances and with similar identities to the victim. - Stalking includes cyber-stallring lie, using electronic means such as the Internet, social media, blogs, cell phones, texts, etc., to pursue, harass, or make unwelcome contract with another person in an unsolicited fashion). H. Complicity Any act that knowineg aids, facilitates, promotes, or encourages the commission of Prohibited Conduct by another person. 'iJn der Maryland iaw, domes:ng includes: assault; an act that places a person in fear of imminent serious bodily harm or an act that causes a person seriously bodily harm; attempted or actual rape or offense; stalking; and false imprisonment. Under?? Hut lhf?jig? 51] ofthe Family Law Article ofthe Annotated Code of Maryland. Complainants may seek reliell from the court by ?ling a petition for a peace or protective against the Respondent. Maryland laws provides crimiga gepaitigs forviolations of certain orders of protection. In addition to violating this policy, stalking is a crime in Maryland under 3-302 of the Criminal Law Article ofthe Annotated Code of Maryland. I. Retaliation Acts or words against an individual because of the person's participation in a complaint, investigation, and/or resolution of an allegation of Prohibited (onduct. - Retaliation can be committed by one individual or a group of individuals, not just by a Respondent or complainant. I Retaliation may include intimidation, threats, coercion, harassment, and adverse employment or educational actions. Retaliation is strictly prohibited under Title IX and this policy. Accordingly, any individual who is found to have engaged in retaliation is subject to discipline, which can include expulsion or termination of employment. A report of retaliation will be viewed as a separate offense under this policy, which means that an individual may be found responsible for retaliation even if no one is found responsible in the underlying report of Prohibited Conduct. Individuals who believe they are being subjected to retaliation should contact the Of?ce of Gender Equity. REPORTING OPTIONS It is importantfor individuals who experience Prohibited Conduct to be aware of the reporting options available to them in order to make informed choices when disclosing their experience. The information below discusses the various options available for reporting an incident of Prohibited Conduct. A. Reports to law Enforcement individuals who experience Prohibited Conduct are strongly encouraged to report the incident to law enforcement. Reporting an incident of Prohibited Conduct to law enforcement does not predude an individual from also reporting the incident to the University. Reports made to the University and law enforcement may be pursued simultaneously; and the outcome of one investigation does not determine the outcome of the other. University Police can assist individuals in reporting an incident of Prohibited Conduct to the appropriate law enforcementagency. Individuals who report incidents of Prohibited Conduct to University Police should understand that University Police are Responsible Employees under this policy and will forward the report to the Of?ce of Gender Equity, regardless of whether the incident constitutes a crime under the law. Law Enforcement Contact Information UNIVERSITY POLICE The University Police station is open 24-hours a day and is located across from Dunkle Hall. Emergency: 911 or 301 11314222 Non?emergency: 301.687.4223 Email: policerafrostburgedu Most criminal investigations into Prohibited Conduct will be handled by the [31 criminal investigation unit. The (31 unit investigates all major crimes that occur in Allegany (ounty as well as mold-jurisdictional investigations. The unit is comprised of experienced investigators from Frostburg State University, Cumberland Police department, Maryland State Police, Allegany County Sheriff?s Of?ce, Frostburg City Police, the State's Attorney's Of?ce, and Federal Bureau of investigation. FROSTBURG CITY 37 Broadway Frostburg, Maryland 21532 Emergency: 911 Non-emergency 301.639.3000 B. Reports to the University The University can onlytake corrective action and provide support when it becomes aware of a problem. Accordingly, individuals who believe they have experienced conduct that violates this policy are encouraged to report the incident to the University by: - Contacting the foice of Gender Eguity by telephone, email, mail, or in person during regular of?ce hours: 126 Hitchins Administration Building - titleix@frostbu?rg?g - 3016314133 I Completing the online Prohibited Conduct Reporting Form: or - Contacting University Police or other Responsible Employee Deciding whether to make a report and choosing how to proceed are personal decisions. When reporting an incident of Prohibited Conduct to the University, a Complainant does not need to decide whether to request any particular course of action. Choosing to report an incident and deciding how to proceed after making the report is a process that unfolds over time. The University makes every effort to respect an individual?s autonomy in how to proceed with a report of Prohibited Conduct. Resources are available to support an individual who experiences Prohibited Conduct regardless of the course of action ultimately chosen. 1. Time period for reporting The University does not impose a time limit for reporting incidents of Prohibited Conduct. However, individuals are strongly encouraged to report the incident as soon as possible after the incident occurred in order to maximize the University's ability to respond and effectively. Delays may make it more dif?cult to gather relevant and reliable information and impair the University?s ability to respond and take appropriate action. 2. Anonymous Reporting individuals have the option of anonymously reporting an incident of Prohibited Conduct to the University. With anonymous reporting, individuals have the option of not providing their name, the identity of the perpetrator, andlor the speci?c details of the incident. The Title Coordinator receives all anonymous reports and may consult with the Title lit team on the most appropriate means to reSpond, which may include implementing community remedies such as targeted training or increased monitoring or surveillance. The University created a system for anonymous reporting as a means to encourage reporting by those who otherwise would not come forward to report Prohibited Conduct. While the University will work hard to respond and remedy the conduct alleged in an anonymous report, please understand that the University?s response may be limited. There are two ways to anonymously report an incident of Prohibited Conduct: By Phone: Gender-Based Harassment and Violence Tip Line - 301 .6373434 Upon calling the tip line, the caller will hear a recorded message directing them to leave a message containing the information they wish to share. The message is then forwarded to the Of?ce of Gender Equity. Messages left on the tip line are completely anonymous without phone numbers or names connected to them. Unline: Prohibited Conduct Reporting form The online report form gives a reporting party the option of remaining anonymous. Individuals who wish to remain anonymous should check the Anonymous Report box on the form and not include their contact information. 10 -- Responsible Employees may not use Anonymous Reporting to rep arr Prohibited Conduct they learn or: witness, or is disclosed to them by students or third-parties. 3. Responsible Employees All University employees other than those listed as Con?dential Employees are considered Responsible Employees. Responsible Employees will safeguard an individuals privacy, but are required to immediately share all known details about alleged violations of this policy. Responsible Employees are obligated to bring reports of Prohibited Conduct to the attention of the Title IX Coordinator in order to provide timely support for all parties and to allow for an effective institutional response. No employee is authorired to investigate or resolve inciden is of Prohibited Conduct without the involvement ofthe iitle lX Coordinator. Responsible Employees may contact the Of?ce of?ender Equity directly at 301.6814i33 or or submit an online Prohibited Conduct Reporting Form. The Title ill Coordinator makes every effort to work collaboratively with the Responsible Employee in order to operate with discretion and maintain privacy of the individuals involved. 4. Students All students who are not otherwise required to report as a Responsible Employee are strongly encouraged to report any Prohibited Conduct perpetrated by a member of the University community or occurring at a University program or activity. 5. Public Awareness Events and Programs Public awareness events and programs leg, Take Back the Night) at which students or employees disclose experiences of Prohibited Conduct are notconsiderednatice to the University for the purpose of this policy unless the individual disclosing his or her experience also initiates a complaint under this policy. Disclosures of incidents of Prohibited Conduct made to faculty or as part of classroom discussion or coursework are considered ?reports? to the University and will be fonvarded to the Of?ce of Gender Equity. 6. IRB~Approved Researdt Disclosures ofincidents of Prohibited Conduct that are made as part ofan institutional Review Board-approved human subjects research study, including the University's campus climate study, are not cansiderednatice to the University for the purpose of this policy unless the individual disclosing his or her experience also initiates a complaint under this policy. OBTAINING HELP AHB SUPPORT Members of the University community who experience Prohibited Conduct are urged to immediately seek help. In addition to ?ling a report with law enforcement and the University, help also includes seeking medical treatment and obtaining con?dential counseling or crisis response. It is important for individuals who experience Prohibited Conduct attend to any physical injuries as well as their emdtional well~being. A. Finding a Safe Place Prohibited Conduct, especially acts of relationship and sexual violence, can be traumatic and shatter a person?s sense of security. In the immediate aftermath of an incident, it is important to seek a safe place. individuals who are in immediate danger or seriously injured should dial 911. 11 B. Seeking Medical Attention and Preserving Evidence If it is safe to do so, individuals are encouraged to take precautions in order to preserve any evidence that may help with a criminal prosecution or University investigation. Regardless of whether a person intends to file criminal charges, they are encouraged to obtain a forensic medical exam in order to preserve evidence that may be on their body and clothes. A forensic examination will allow a trained healthcare professional to assess the individual?s medical needs and collect evidence that can later be used if the person decides-topursuea criminal complaint. Western Maryland Regional Medical Center, located at 12500 Willowbrook Road, Cumberland, Maryland 21502, has specially-trained nurses who can perform a forensic exam and provide medical care to individuals who have experienced sexual violence. If possible, individuals should refrain from showering or bathing. brushing their teeth, washing their hands, and urinating or defecating. The best way to preserve evidence is to go to the hospital in the clothing worn at the time of the assault. Individuals who end up changing their clothes should take the clothes worn during the assault with them to the hospital. Try to use a paper bag to store any clothing rather than a plastic bag, which can degrade or contaminate forensic evidence. In addition to the physical evidence on the body and clothes, evidence may also include texts, emails, voicernail messages, social network postings, photographs, and written documents such as cards, notes, and letters. Individuals should preserve this evidence as well in order to assist investigators if a person decides to ?le a complaint with law enforcement andior the University. Individuals who experience sexual violence are encouraged to be examined by a healthcare professional even if they have no visible injuries and do not want a forensic exam. Individuals may go to Western Maryland Regionaidiedr?cai Center and have a medical exam performed without having any forensic evidence collected. In addition, students can go to Brady Health (enter, located on campus, where medical staff can perform a physical exam and screen and provide treatment for and pregnancy. C. Obtaining Support It is important to find people who can provide support after experiencing a form of Prohibited Conduct. Individuals may use any of the resources listed below to access con?dential assistance or to explore reporting options without initiating further action from the University. This means that Con?dential Employees and the other resources listed below will not share information about an individual [including whetherthat individual has received services] without the individuals consent, unless there is an imminent threat of harm to self or others. Individuals who choose to discuss incidents of Prohibited Conduct with Con?dential Employees or utilize only Con?dential Resources should understand that the University will not be able to conduct an investigation into the particular incident, or pursue disciplinary action against the alleged perpetrator, unless the incident is reported to the Of?ce of Gender Equity directly by the victim, law enforcement, or someone who does not have the obligation to keep it con?dential. Individuals who initially choose only to disclose Prohibited Conduct to Con?dential Employees or Con?dential Resources may report the incident to the Of?ce of Gender Equity or law enforcement at a later time to initiate an investigation. 1. On?Camws Resources Counseling and Services Sand Spring Hall I 101 Braddock Road I Frostburg, Maryland 21532 3016314234 0 capsrafrostburgedu CAPS is staffed by trained counselors who can provide con?dential support and assistance to current students. CAPS offers individual and group counseling for those who experience sexual misconduct, relationship violence, and stalking 12 as well as to students who may need support in assisting a friend who is a survivor. There is no cost for counseling services. Counselors are available 8:00 am to 4:30 pm Monday through Friday. Brady Health Center 101 Braddock Road - Frostburg, Maryland 21532 301.682.4310 I bradyheaitthrosthurgedu Brady Health Centefiststaffed by con?dential licensed healthcare providers. The health center offers complete physical exams, screening and treatment for sexually transmitted infections emergency contraception, and pregnancy tests. The closest hospital that can conduct a forensic medical examination is Western Maryland Regional Medical Center in Cumberland. Students who have been sexually assaulted may go to Brady Health CentEr to learn more about their options regarding a forensic exam and a Brady Health staff member can contact the hospital in order to have a forensic nurse ready for the student?s arrival. The University can also arrange transportation to the hospital for any student wanting a forensic medical examination performed. Chaplain Cindy Zirlott United Campus Ministry 301.637.2490 0 c.zirlett@frostburg.edu Chaplain Cindy Zirlott is available for students, faculty, and staff to discuss religious, spiritual. and personal issues. 2. Off-Campos Resources Family Crisis Resource Center - 301.259.9244 [24-hour helpline) FCRC offers a 24-hour helpline and emergency shelter for survivors of relationship and sexual violence. FCRC also has trained counselors and advocates to assist individuals who may have experienced sexual misconduct, relationship violence, and stalking. They offer advocacy and accompaniment, individual and group counseling, and crisis intervention services. In addition to their office and emergency shelter in Cumberland, FCRC has a satellite of?ce in Frostburg, located at 62 Frost Road. Individuals wishing to speak to a con?dential FCRC advocate or counselor can call the 24-hour helpline to make an appointment for either the Cumberland or Frostburg location. Western Maryland Regional Medical Center 12500 Willowbrook Road I Cumberland, Maryland 21502 I 240.964.7000 Western Maryland Regional Medical Center is the designated hospital in Allegany County with a certi?ed forensic nurse examiner who can perform a forensic medical exam for sexual assault survivors. There is no charge for a forensic medical examination and survivors have the option of reporting the assault to the police or can remain anonymous and have the evidence held for a time with no personal identifying information. Allegany law Foundation, inc. 110 Greene Street I Cumberland, Maryland 21502 03011223390 The Allegany Law Foundation is a legal services program assisting low~income clients in civil cases in Allegany County. Assistance includes referrals to pro bono attorneys and representation by contract attorneys providing reduced fee assistance through legal clinics and court representation. Eligible clients are provided assistance with their cases at no costs. Individuals interested in legal services can call Allegany Law during their client intake hours, Monday through Thursday 9:00 am to noon. 13 Of?ce of the Allegany County Public Defender 243 North Mechanic Street in Cumberland, Maryland 21502 0 301.??12142 The Of?ce of the Public Defender provides low-cost representation for individuals in criminal cases. Of?ce of the Allega ny County State?s Attorney 59 Prospect Square, Suite 111 I Cumberland, Maryland 21501 0301.7715962 The Of?ce of the State?s Attorney prosecutes crimes occurring in Allegany County and provides victimiwitness assistance. 3. Other Cg mmunity Resources Maryland Coalition Against Sexual Assath MCASA has valuable information and resources on its website for sexual assault survivors, including the locations of rape crisis and recovery centers located across the state of Maryland so survivors can ?nd help when they are home and away from the campus. Sexual Assault Legal Institute (SAUI provides legal services to sexual assault survivors in the state of Maryland. Maryland Criminal Injuries Compensation Board Provides aid and assistance to victims of crime such as reimbursement for medical and dental expenses, counseling expenses, loss earnings, disability, and crime scene clean up. The Pro Bono Counseling Project - 1.8?13235800 PBCP links Maryland individuals and families with limited resources with licensed mental health professionals who can provide counseling and therapy at no cost. National Sexual Assault Hotline 1.800.656.HOPE (4613) The National Sexual Assault Hotline was created by the Rape. Abuse 8. lncent National Network It provides 24? hour con?dential support and referral information for survivors. individuals can also use online instant messaging to connect with a con?dential support specialist. National Domestic Violence Hotline I T.300.799.SAFE (7223} The National Domestic Violence Hotline operates 24-hour con?dential and free support for survivors. Individuals who have experienced abuse, have abused, or are trying to help a friend in an abusive relationship can speak with an advocate via telephone or instant message. Tahirih Justice Center - 9123215161 The Tahirih Justice Center works to protect immigrant women and girls seeking justice in the United States from gender~based violence. Tahirih provides holistic legal services, case management, advocacy, and education. It can assist domestic violence and sexual assault survivors with adjustment to their immigration status and with family law matters. 14 PRIVACY AND CONFIDENTIAUTY The University is committed to protecting the privacy of all individuals involved in an incident reported under this policy. Every effort will be made to respect and safeguard the privacy interests of the individuals involved in a manner consistent with the need for a careful assessment of the allegation and any necessary steps to eliminate the misconduct, prevent its recurrence, and address its effects. it. Distinction between privacy and con?dentiality Privacygenerally means that information related to a reported incident will only be shared with a limited number of individuals "who need to know" the information in order to assist in the review, investigation andr'or resolution of the incident. While not bound by con?dentiality, these individuals will be discrete and respect the privacy of all individuals involved in the process. If a decision is made to pursue disciplinary action against a Respondent, information related to the report will be shared with him or her. When the parties involved are students, information regarding a reported incident will not be shared with either party?s parents orguardians unless the party has signed a waiver that complies with FERPA orthere is an articulable threat to the health or safety of the party or other individuals. While a Responsible Employee cannot offer con?dentiality to an individual who discloses an incident of Prohibited Conduct, the Responsible Employee will maintain the privacy of all individuals involved by sharing the information related to the report with only those who "need to know" as outlined above. Con?dentiality means that information shared with a designated campus or community professional will only be disclosed with the individual?s express written permission, unless there is an imminent threat of harm to self or others. An individual can seek con?dential assistance and support by speaking with speci?cally designated Con?dential Employees and using the Con?dential Resources identi?ed in this policy. B. Requests for Con?dentiality When a Complainant requests that their name or other identi?able information not be shared with the Respondent or that no formal action be taken, the Title IX Coordinator, in consultation with the Title lit Team, will balance this request with the University's obligation to provide a safe and non?discriminatory environment to the Complainant and the rest of the University community. lithe University honors the request for con?dentiality, it will still take all reasonable steps to investigate and respond to the report, but its ability to do so may be limited based on the nature of the Complainant?s reqUest. At times, in order to enhance safety and maintain a non-discriminatory environment, the University may not be able to honor a Complainant's request for confidentiality. in such circumstances, the Title lit Coordinator will inform the victim prior to starting a formal investigation. The Complainant can choose not to participate in the University?s investigation and in such cases the Complainant should understand that the University?s ability to meaningfully investigate the incident andlor pursue disciplinary action against the alleged perpetrator may be limited. C. Records The Title lit Coordinator will maintain records of all incidents reported, and all complaints made, underthis policy as well as their outcomes in order to track patterns and systematic behaviors. Reports that end at the Initial Review stage or that are resolved through Voluntary Resolution are not part of a student?s conduct ?le or an employee's personnel record. Af?rmative ?ndings of 15 'r responsibility in matters resolved through the Investigation and Determination of Responsibility process are part of a student?s conduct record and an employee's personnel record. Such records shall be used in reviewing any further conduct, or developing sanctions, and shall remain a part of a student?s conduct record or an employee?s personnel record. Student conduct records are maintained in the Of?ce of Student Affairs in accordance with the University?s document retention schedule. Personnel records are maintained in the Of?ce of Human Resources in accordance with the University?s document retention schedule. D. Release of Information if a report-made under this policy discloses a serious and immediate threat to the University community, University Police will issue a timely warning noti?cation to protect the health or safety of the community as required by the Clery Act. This timely warning noti?cation will not include any identifying information about the Complainant. Pursuant to the Clery Act and state law, anonymous statistical information regarding reported criminal incidents must be shared with University Police for inclusion in the daily crime log. This information will also be included in the University?s Annual Security Report and annual report to the Maryland Higher Education Commission. The University may also share aggregate and not personally identi?able data about reports, outcomes, and sanctions. All University proceedings are conducted in accordance with the requirements of Title lit, the Clery Act, FERPA, state and local law, and University policy. No information, including the identity of the parties, will be released from such proceedings except as required or permitted by law or under University policy. IX. REMEDIAI. All!) PROTECTIVE MEASURES The University may implement remedial and protective measures for the parties involved andlor for the larger University community in order to enhance safety and protect the integrity of the University?s process. The University will offer reasonable and appropriate measures to protect the parties and facilitate their continued access to University employment or education programs and activities. These measures may be both remedial (designed to address an individual?s safety and well-being and continued access to educational opportunities] or protective [involving action against another individual). Remedial and protective measures may be temporary or permanent. Remedial and protective measures are available regardless of whether the Complainant pursues disciplinary action through the University?s process or reports the Prohibited Conduct to law enforcement. The Title lit Coordinator, in consultation with the appropriate University of?cials, has the discretion to determine the appropriateness of remedial and protective measures, including any interim Measure. All individuals are encouraged to report concerns to the Of?ce of Gender Equity about the adequacy of remedial and protective measures or failure of another person to abide by any restrictions imposed by a remedial or protective measure. Violations of remedial and protective measures, including any interim Measures, will be addressed under this policy and the University will take appropriate, responsible, and prompt action to enforce such measures. - A. Types of Remedial and Protective Measures Remedial and protective measures may include, but are not limited to: - Issuance of a No Contact Order 0 Access to counseling services and assistance setting up initial appointments, both on and off campus - Arranging for medical services 0 Academic accommodations and support services such as tutoring 15 I Academic schedule modi?cation, including the ability to drop a course without penalty or to transfer sections - Work schedule or job assignment modi?cations - Residence modi?cation - Escort to assure safe movement to and from classes, activities, andi?orjob site. I Limiting access to certain University facilities 0 Restrictions on campus activities - Voluntary leave of absence - Pre-disciplinary leave (with or without pay) I Suspension from employment - Any other measure that can be tailored to achieve the goals of this policy B. Interim Suspension or Separation from University In certain circumstances, the alleged Prohibited Conduct may require the University to place a student or student organization on interim suspension or impose leave for an employee. Pending the resolution of an incident of Prohibited Conduct, the individual or organization may be denied access to campus, campus facilities andfor all other University activities or privileges for which the individual or organization might otherwise be eligible. Students. The Title lit Coordinator or designee shall make a request for interim suspension to the Of?ce of Student Affairs. Upon receipt of the request, the Dean of Students ofdesignee shall hold a show cause hearing to provide the Respondent with the opportunity to demonstrate interim suspension should not be imposed. Such interim suspension andfor loss of privileges, including removal from housing, is to become immediately effective without prior notice, if the Dean of Students or designee determines that the continued presence of the student or student organization on the University campus poses a substantial and immediate threat of harm to the safety or well-being of an individual, the broader University community, or to the performance of normal University functions. Focu?yond Staff. The Title IX {oordinator or designee may request that an employee be suspended or assigned other duties pending the outcome of the investigation and determination of responsibility of an incident of Prohibited (onduct. Such request shall be made to the Provost [faculty] or Vice President of Human Resources (non-faculty staff} and proceed in accordance with the appropriate faculty handbook, collective bargaining agreement, andlor applicable employee policies and procedures. I. ACADEMIC FREEDOM AND FIRST AMENDMENT PROTECT IDN This policy shall not be interpreted to infringe on First Amendment rights, academic freedom or freedom of expression. The fact that speech or a particular expression is offensive is not, standing alone, a sufficient basis to establish a violation of this policy. In order to violate this policy, the conduct must be suf?ciently serious to interfere with an individual?s ability to participate in employment or educational programs and activities from both a subjective and objective perspective. Prohibited Conduct, as described in Section of this policy, is neither legally protected expression nor the proper exercise of academic freedom. 1? XI. AMNESTY FDR ALCOHOL AND DRUG POSSESSION AND CONSUMPTION Sometimes students may be reluctant to seek help after experiencing Prohibited Conduct, or reluctant to help others who may have experienced Prohibited Conduct because they fear being disciplined for underage alcohol consumption andfor consumption of otherdrugs. To encourage reporting, a student who reports Prohibited Conduct, either as a Complainant or third party witness, will not face disciplinary action for their consumption of alcohol or at or near the time of the incident. Because alcohol and drug misuse can negatively impact a student?s physical and emotional well-being, the University may still refer a student for health or medical intervention related to their alcohol or drug use. Ill. CONSENSUAL RELATIONSHIPS AND PROFESSIONAL CONDUCT Sexual or other intimate relationships between a faculty or staff member and a student or between supervisor and employee, while not expressly forbidden, are generally deemed very unwise. Power differences between faculty and students or between supervisors and supervisees make the subordinates voluntary consent to even an apparently consensual relationship questionable. Romantic or sexual relationships where there is a differential in power orauthority produce risks for every member of the University community and undermine the professionalism offaculty and supervisors. Individuals should also be aware that these relationships may impact third parties based on perceived or actual favoritism or special treatment based on the relationship. Wherever a power differential exists between persons who are romantically or sexually involved, the parties must realize that if a complaint alleging Prohibited Conduct is subsequently ?led, mutual consent will not necessarily be accepted as a reasonable defense. FALSE REPORTS The University will not tolerate false reporting of incidents, The University takes the accuracy of information very seriously as an accusation of Prohibited Conduct may carry severe consequences for the accused. A good-faith complaint that results in a ?nding ofnot responsible is not considered a false or fabricated accusation of Prohibited Conduct. However, when a Complainant or third party witness is found to have fabricated allegations or given false information with malicious intent or in bad faith, the Complainant or third party witness maybe subject to disciplinary action, including termination of employment or expulsion from the University. Not only is it a violation ofthis policy to make an intentionally false report, but such conduct may also violate state criminal statutes and civil defamation laws. EDUCATION, TRAINING, AND PREVENTION PROGRAMS The University is committed to preventing Prohibited Conduct on its campus. To that end, the University provides regular and ongoing prevention education and awareness programs. Incoming students and new employees are exposed to primary prevention and awareness programs as part of their orientation. Current students, faculty, and staff receive ongoing training on how to prevent Gender-Based Harassment, Sexual Misconduct, Relationship Violence, Stalking, and related Retaliation. The Title IX Coordinator is responsible for overseeing the University?s training and educational programs related to this Policy. To learn more about the University?s prevention programs or to request training, please contact the Of?ce of Gender Eguity at 301 .6814733 or titleix@frostburg.edu. As part of the University's commitment to provide a learning and work environment free from Prohibited Conduct, this policy will be disseminated widely to the University community through email communication, publications, websites, new employee orientations, student orientations, and other appropriate channels of communication. 18 1W. PROCEDURES FOR RESOLVING REPORTS OF PROHIBITED CONDUCT A. Complaints against Students and Employees The University offers a number of options for resolving incidents of Prohibited Conduct against students and employees in a prompt, fair, and impartial manner. All reported incidents of Prohibited Conduct are investigated and resolved under the oversight of the Title ill Coordinator ordesignee and use a preponderance of evidence standard it is more likely than not that the alleged misconduct occurred). Ifthe Prohibited Conduct occurred during the course and scope of a student's employment at the University, the student-employee may be subject to sanctions both in connection with their employment and in connection with their student status. The procedures for investigating and resolving reports under this policy can be found on the moi ?end er Equity website. B. Complaints against Third Parties Not Affiliated with the University The University does not tolerate Prohibited Conduct by third parties when the third party has been brought into contact with members of the University community through a University program or activity. While individuals who are not students or employees of the University are not subject to discipline under the University?s internal process, the University will provide a prompt and equitable response that is consistent with this policy and the law. For example, the University may refer the matter to local law enforcement or may deny the third party access to University?s buildings or grounds. 19 3? name De?ni?ons - Frosihurg State Uniwrsity f) - i Definitions To help inform the campus con'rrunity of the scope of our?W?gp?ipj?gng 112,. i - his ni ya?. I . ?in the following tents are defined. Please note that some of these may also be used in other cantexts, such as connection with crim?nal or iegal proceedings, and their meaning may be different in those contexts. out! - nglainan; (#qu?ainanp If - i I niaiErn Words andfor conduct that substantially impairs an individual's ability to voluntariiy choose whether to engage in a sexual activity. It exists when a person applies an unreasonable amount of pressure on another for seat. For example, when a person makes dearthat she does not Iwant sex, wants to stop, or that going past a CErtain point of sexual interaction is unwanted, continued pressure can be coercive. Coercion is evaluated based on the intensity, frequency, and duration of the words or actions. hi Individuai who reportedly experienced Prohibited Conduct, regardless of whether that individual made the report, participated in the University's review and investigation, or ?led a formal complaint alieging violations of this policy. If an individual who experienced Prohibited Conduct ChooSes not to ?le a formal complaint, the University may at its discretion initiate an investigation and serve as the Complainant in any proceeding under this policy and accompanying Procedures. Comglicitx As defined in the Any act that knowingly aids, facilitates, prorr'otes, or encourages the of Prohibited Conduct by another person. nidentia . . 3i1?l2016 De?ni?cns - Frosting State Unitersity Employees who are not reguired to red _,?1cidents of Prohibited Conduct to the Title DC Coordi Con?dential Employees include the employees In the following University of?ces: - Brady Health - Counseling and Services (CAPS) As defined in the Consent Clear, voluntary and unambiguous agreement, expressed in mutually understandable words or actions, to engage in a specific sexual activity. consent must be obtained. It is the responsibility of the person who wants to engage in the sexual activity to ensure that sfhe has consent from the other party, and that the other party is capable of consent. Accordingly, when there is a dispute as to whether sexual activity was consensual, the University's investigation will assess whether the person initiating the sexual activity knew, or should have known, that the sexual activity was not consensual or that the other party was incapable of providing consent. Consent must be af?rmative. Consent requires an af?m-iative demonstration, through words or actions that conveys a clear willingness to engage in a sexual activity. As a result: - An individual cannot infer consent through silence, lack of resistance, or absence of a verbal ?no? or ?stop.? Relying solely on non-verbal communication may result in a violation of this policy. - Consent cannot be inferred by the existence of a current or prior dating or sexual relationship between individuals. - Consent to any one fom'i of sexual activity does not automatically imply consent to other fomts of sexual activity. - Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent must be ongoing. Consent must be present throughout the sexual activity and may be withdrawn at any time. However, withdrawal of consent requires an outward demonstration, through understandable words or actions, which clearly conveys that a party is no longer willing to engage in the sexual activity. If there is any confusion as to whether there is consent or whether prior consent has been withdrawn, the parties should stop the activity until the confusion is resolved. Consent must be voluntary. Consent can never be obtained by use of physical force, threats, intimidating behavior or Coercion. Furthermore, consent cannot be obtained by taking advantage of an individual's inability to give consent because of Incapacitation. Force As defined in the Physical violence andfor imposing on someone physically to gain sexual access. Force Can include threats, intimidation, and Coercion that are used to overcome resistance. Gender-Based Violence As defined in the I Unwelcome verbal, physical, or electronic conduct of a nonsexual nature based on sex, sex- stereotyping, sexual orientation, or gender identity that has the purpose or effect of unreasonably interfering with an individual's academic or work performance (to, it is sufficiently severe, persistent, or pervasive to create an intim?dating, hostile, hum'liating, demeaning, or offensive working or Ieaming environment). For example, harassment for exhibiting what is perceived as a stereotypical characteristic for one's sex or for failing to conform to stereotypical notions of masculinity or femininity, regardless of the actual or perceived sex, gender, sexual orientation, gender identity, or gender expression may violate the Sexual Misconduct, Relationship Violence, and Stalking Policy. Inca acitation Inca acitated .edw'ti?ileiidde?nitionsl 3i?10i201? De?nitions - Froslburg StateUniversity asdefr'nwr'nthemme I I ion hi- A state where an individual cannot make an informed and rational decision to engage in sexual activity because the individual lacks the mental and/or physical ability to understand the nature of the sexual activity (to, the who, what, where, why, or how of the sexual activity]. There are a nurrber of causes for incapacitation, including, but not limited to: - Being asleep or unconscious - Intemittent consciousness - Existence of a mental or dovelopmental disability Consun'ption of alcohol or other drugs Alcohol or drug use is one of the primary causes of incapacitation, but consurrption alone is insufficient to establish incapacitation. Incapacitation is a state beyond intoxication, irrpaim'rent of judgment, or ?drunkenness.? The impact of alcohol and drugs vary from person to person, and evaluating whether an individual is incapacitated and unable to give Consent, requires an assessment whether the consurrption of alcohol or other drugs has rendered the individual physically helpless and substantially incapable of: - Mal-ring decisions about the potential consequences of the sexual activity; - Appraising the nature of one's own conduct; - Corr?rmnicating consent to the sexual activity; or - Corr'l'mnicating unwillingness to engage in the sexual activity. An individuai who is incapacitated is unable to consent to sexual activity. Under this policy, in evaluating Incapacitation, the University will assess whether the Respondent knew or should have known, the Con?plainant was incapacitated. Interim Measurs As defined in the . Ten-porary actions taken by the University to protect the safety and well-being of the parties and to foster a more stable and safe environment during the luniversity's investigation and resolution process. Interim Measures are initiated based on infomnation gathered when an incident of Prohibited Conduct is reported to the University. Interim Measures are not intended to be permanent resolutions and thus may be amended or withdrawn as additional information is gathered. For rrure inforn'ation, see Section of the Sexual Misconduct, Relationship Violence, and Stalking Policy. No Contact Orde As defined in the I MI An official University directive that serves as notice to an individual that sfhe is prohibited from verbal, electronic, written, or third party commnications with another individual. The University may issue a No Contact Order as a remedial and protective measure, including as an Interim Measure, in order to enhance the safety of all parties, the broader University andfor to protect the integrity of the University's process. Relationship Vilence Asde?rredr'nthe IMI i - hl?rrl'ii Relationship violence is a broad term that encompasses Domestic lviolence and Dating Violence. 1. Domestic Wolenoe Domestic violence refers to sexual or physical abuse committed by any of the following individuals: - a cUrrent or former spouse or intimate partner of the Complainant; - a person with whom the Corrplainant shares a child in com-ion; - a person who is cohabitating with or who has cohabitated with the Complainant as a spouse or intimate partner: - a person similarly situated to a Spouse of the Complainant; or - any other person against an adult or youth corrplainant protected from those acts by Maryland's domestic and family laws. For the purposes of this policy, individuals are not covered within the scope of this definition solely by virtue of their status as a roorrmate or former morrmate in University housing or as a co-tenant or fon'rer co-tenant in off-cappus housing shared with other students. http:ifvmw.frostburg .edui?iieis'de?nitionsi aii?i2U16 - Frostburg State Uriver'sity 1 'li Under Maryland law, go?stic i .m . taro or ii 4 ?includes: assault; an act that places a person in fear of intrinent serious bodily harm or an act that causes a person seriously bodily harm; atterrpted or actual rape or sexual offense; Istal?king; and false inprisonment'. Under the Farrin Law Article of the Annotated Code of Maryland, Con?plainants may seek relief from the court by filing a petition for a peace or protective against the Respondent. Maryland laws provides grirringl for violations of certain orders of pnotec?on. I 2. Da?ngldoknum Physical or sexual abuse by a person who is or has been in a social relationship of a romantic or intimate nature with the Con?piainant. Whether the relationship is of a romantic or intirrate nature is determined by a variety of factors, which include: - the length of the relationship; - the type of relationship; and the frequency of interaction between the persons involved in the relationship. Belladonna As defined in the - Acts or words against an individual because of the person?s participation in a corrplaint, investigation, andfor resolution of an allegation of Prohibited Conduct. - Retaliation can be conrritted by one individual or a group of individuals, not just by 3 Respondent or Cormlainant. - Retaliation may include intirridation, threats, coercion, harassment, and adverse errployment or educational actions. Retaliation is strictly prohibited under Title IX and this policy. Accordingly, any individual who is found to have engaged in Retaliation is subject to discipline, which can include expulsion or of errploynient. A report of Retaliation will be viewed as a separate offense under this policy, which means that an individual mall be foUnd responsible for retaliation even if no one is found responsible in the underlying report of Prohibited Conduct. Individuals who believe they are being subjected to Retaliation should contact the Title IX Coordinator. Respondent As defined In the IHI An individual accused of engaging in conduct that violates the Sexual Misconduct, Relationship Violence, and Stalking Policy. Responsible Ema love Asdel'inedinrhe . An en?ployee who has the authority to address Prohibited Conduct, who has a duty to report incidents of Prohibited Conduct, or who a member of the University con'rTunity could reasonably believe has such authority or duty. Responsible Employees who learn of or witness Prohibited Conduct involving a student or third-party are required to report such Prohibited Conduct to the Title IX Coordinator. Responsible Employees who are of?cers, departrl'Ent chairs, Deans, Directors, managers, or supervisors are also required to report Prohibited Conduct that they learn of or witness involving a University errployee to the Title IX Coordinator. Except for the Confidential Enpioyees listed above, all University errployees have been designated as Responsible Enployees by the University. Sexual Exploitation As dam-redid the hl Non-consensual or abusive sexual advantage of another person for one?s own advantage or bene?t or for anyone other than the person being exploited, or taking advantage of another person's sexuality. Exarrpies of sexual exploitation include, but are not lin'l'ted to: $102015 De?nitions - Pros-thug State Unixersib- i - observing another individual's i. ?ay or sexual activity or allowing another to observ insensaal sexual activity without the knowledge and consent of all parties involved; - non-consensual sharing or streaming of images, photography, video, audio recordings of nudity or sexual activity, or distribution of each without the knowledge and consent of all parties involved; - knowingly exposing another individual to a sexually transn'r'tted disease or vims without his or her knowledge; - knowingly failing to use contraception without the other party?s knowledge; 0 inducing Incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity; and - threatening to disclose an individual's sexual orientation, gender identity, or gender expression. As defined in the Sexual Sexual Harassment is a form of unlawful sex diScrin'I?nation and means any unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome verbal, physical, or electronic conduct of a sexual nature when: 1. Subrrission'to such conduct is made either explicitly or inplicitly a term or condition of an individual's en'ployment, evaluation of academic work, or participation in a University- sponsored educational program or activity; 2. Subm?ssion to or rejection of such conduct by an individual is used as a basis for an academic, errployment, or activity or program participation decision affecting that individual; or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work perfom'rance, it is sufficiently severe, persistent, or pervasive to create an intimidating, hostile, hum'liating, demeaning or sexually offensive working or learning environment). A person's subjective belief alone that the behavior is offensive does not necessarin make that behavior Sexual Harassment. The behavior must be objectiver reasonable meaning that a reasonable person in sinilar circumstances and with similar identities would find the behavior hostile, intim?dating, or abusive. A single isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to create a hostile environment, particularly if the harassment is physical. Sexual harassment: - May be blatant and involve an overt action, threat, or reprisal; or may be subtle and indirect, with a coercive aspect that is unstated but in'plied. - May or may not include an intent to harm. - May not always be directed at a speci?c individual. - May be con?m?tted by anyone, regardless of gender, age, position, or authority. While there may be a power differential between the parties, often due to differences in age, educational, en'ploynent, or social status, harassment can occur in any context. May be by a stranger, an acquaintance, or someone with whom the Complainant has a current or previous relationship, including a romantic or sexual relationship. - May be con'n'itted by or against an individual or nay be a result of the actions of an organization or group. - May occur in the classroom, in the workplace, in residential settings, or in any other setting. - May occur by or against an individual of any sex, gender identity, gender expression, or sexual orientation. - May be connitted in the presence of others or when the parties are alone. - May occur through electronic communications, including errail, text message, and social media. The following list contains oxen-pies of behavior of a sexual nature that if unwelcome, may constitute sexual harassment. Physical Conduct: touching, hugging, kissing, fondling, touching onesetf sexualiy for others to view, Sexual violence. Veroai Conduct: sexual or ?dirty jokes," con?rnents on physical attributes Or an individual's body, spreading sexual mmors, bragging about one's sexual activity in front of others, using sexually degrading words or sounds to a person or to describe a person, sexually explicit statements or stories that are not related to en?ployment duties, course content, research, or other University program or activity. .eiiu'??eirfde? nitionsr? 3100016 . De?ni?ms - Froslbu'g State Uriixersih- t] .I I Visual Conduct: leering, displaying or .rlbuting sexually explicit drawings, pictures, ande litten 'rnaten'al. Written Conduct: letters, emails, instant messaging, text messaging, blogs, web pages, and social media containing corrments, words, or images of conduct described above. Quid pro quo: making an acadern?c or en-ployn'ent decision dependent on whether an individual submits to sexual advances, threatening repn?sals after an individual has turned dawn sexual advances, offering acadern?c or en'ployn'ent benefits in exchange for sexual favors. Sexual Intimidation As de?ned in the Threatening behavior of a sexual nature directed at another person. Sexual intimidation includes: 1. threatening to sexually assault another person; 2. engaging in indecent exposure; and 3. gender? based stalking, including cyber?stalking Sexual Misconduct As de?ned in the A broad term that encon?passes Sexual Harassment, Sexual Assault, Sexual Exploitation, Sexual Intin'l'dation, and Sexual Violence. Sexual Misconduct can occur between people of the same sex or between people of different sexes. It can also include both intentional conduct and conduct that results in negative effects, even if those negative effects were unintended. Sexual Violence As defined in the - Physical sexual acts perpetrated without Consent. Sexual Violence includes rape, sexual assault, sexual battery, and sexual coercion. 1. Assault! - Monounsansual sexual intercourse involves any act of sexual intercourse with another individual without Consent. Sexual intercourse includes vaginal or anal penetration, however slight, with any body part or object, or oral penetration involving mum to genital contact. 2. SemlAssaultlI - Honoonsensuaf sexual contact involves any intentional touching of the intimate parts of another person, causing another to touch one's intin'ate parts, or disrobing or exposure of another without Consent. Intin?ate parts may include genitalia, groin, breast, or buttocks, or the clothing covering them, or any other body part that is touched in a sexual nanner. Sexuall contact also includes attempted sexual intercourse. Certain acts of Sexual Violence are crimes in the state of Maryland in addition to violations of this policy. Under Maryland Criminal Procedure Article 5 11-322 .- i .m 1 - ?sexual assault" means rape or a sexual offense in any degree that is specified in 5W of the Criminal Law Article of the Annotated Code of Maryland. Stalking As defined in the A course of physical or verbal conduct directed at another individual that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial ermtional distress. A ?course of conduct" consists of at least two acts. - ?Substantial emotional distress" means significant mental suffering or anguish that may, but does not necessarily, require medical treatment or professional counseling. - A ?reasonable person? means a reasonable person under similar circumstances and with sinilar identities to the victim - Stalking includes cyber-stallo'ng (rte, using ele:tronic means such as the intemet, social media, blogs, cell phones, texts, etc., to pursue, harass, or nuke unwelcome contract with another person in an unsolicited fashion). .ettu?tiljeix'de?nilidnsf 31312015 De?nitions - Frostburg State Universitv - 1 in addition to violating this policy, st". is a crime in Maryland under 3-g92 . nd. 2 I . :s of the Crirrinal Law Article of th Annotated Code of Maryland. 126 Hitchins Adninstration Building T17 enemas reporting - Frostbug State University 1 Online Reporting of Gender-Based Harassment, Sexual Misconduct, Relationship Violence, or Stalking Report an incident of gender-based harassment, sexual misconduct, relationship violence, or stalking online using the you Wish to remain anonymous when making an online report, make sure to check the Anonymous Report box and leave out your name and contact information. Your completed farm will automatically be fomarded to the Office of Gender Equity. 126 Hitchins Adn'instration Building .edw?ti'tiein?repor?ng! 11'2 moms Prohibited Conduct Reporting Form Frosihurg State university l. i If this is an emergency or you currently feel at risk for your personal safety, please call University Police at 301.681.4222 or dial 911. The University is committed to maintaining a learning and working environment that is free of sexual misconduct, including sexual and gendEr-based harassn'ent, sexual violence, relationship violence, sexual exploitation, sexual intimidation, and stalking. Individuals who have witnessed or experienced sexual misconduct may report the incident to the university using the form below. Reports are sent directly to the Title IX Coordinator, who oversees all sex discrim'nation matters at the university. If you have any questions about this form or the university's process for responding to and resolving incidents of sexual misconduct, please call En'ily Caputo, Title IX Coordinator at or Bill-5313111 Individuals who have experienced sexual n'isconduct or are assisting a friend who has experienced sexual misconduct are encouraged to seek help and support. The following resources are available if you want to talk with someone on a confidential basis. Counseling and Services (CAPS) Family Crisis Resource Center Sand Spn?ng Hall 301.?593244 (24-hour helpline} 301.537.4234 (2 t: Sent: Wednesday, December 17, 2014 5:31 PM To: Niedzalkoski, Amy Subject: Information Requested (3) Attachments: OCR Report Dec. 2014.docx; OCR report December 2014.docx; Fall 2014 Casespdf This email contains information on two cases of a student complaint involving faculty and/or staff. Karen A. Treber General Counsel Frostburg State UniversityI 101 Braddock Road Frostburg, MD 21532 [301) 682-5111 Beth Hoffman, Director and Title lX Compliance Case (omen Complainant: Female/Student/Freshman Defendant: State University Police Officer Nature ofAIlegations: Sexual Assault Location: [{bli?l: (an6} I Complaint Reported To: Beth Hoffman, Director and Title iX Compliance Complaint Filed: Investigation Began: Investigation Closed: Formal investigation completed by: Formal Final Decisions completedilbllal? {bllilcl I (bliTiCl Tom Bowling From: Tom Bowling Sent: Monday, March 04, 2013 10:42 AM To: (DEE): {bili'iC} Subject: {bll?li (Wicl Iahsences from classes I received a call on Sunday from lbll5li Iwho informed that as missed and will be missing some classes for medical reasons. If you have any questions or need additional information, please do not hesitate to contact me. Thank you. Thomas Bowling Vice President for Student and Educational Services Frastburg State University Frastburg, Maryland 21532 301.687.4311 Noti?cation that Chief Smith sent to SES andfor the Title IX coordinator informing them of the assault. {bi IL Dr. Ketterrnan met withand a representative from the (Dita); to discuss university procedures regarding a sexual assault. At that requested thatnot have contactwith her. It was also explained that she should not have contact with him. Dr. Ketterrnan met with (W Ithat evening in his residence hall room and indicated that he not have contact Iwhile the matter was being investigated. The request for no contact is documented in emails attached dated -.Chief Smith contacted Jeff Graham by phone to indicate that charges were pressed relating to the sexual assault of. eff informed Dr. Bowling and Dr. Ketterman via email (see attachment) regarding the conversation. Dr. Ketterman was traveling to the NASPA conference on this day. It also marked the beginning of spring break for the students. Dr. Ketterman requested (see attachment) a copy of the charging document from libtt?l; (more) I (bl I?Iibll?li (bililcl lemailed (see attachment) Dr. Ketterrnan that the charging documents were included with other city reports mailed to Dr. Ketterman?s of?ce. (bile)? (bl Dr. Kettennan was on a return ?ight from the NASPA conference. Dr. Ketterman contacted (see attachment) libll?li (WC) lindicating that charges had been filed and that he needed to schedule a meeting with Dr. Ketterman. Wednesday, February 26, 2014 3:59:05 PM Eastern Standard Time Subject: Follow-up Date: Thursday, March 14, 2013 9:02:52 PM Eastern Daylight Time From: Jesse Ketterman To; Iibit?i; {bit?tic) I CC: Jesse Ketterman (bit? Thank you for taking time to speak with me today. As we discussed. you are not to have any contact with either in person, written, verbal or electronic. Should a situation arise where you see her. suggest that you walk in the other direction. Givenltbii?l; (bitiiCl are not to be in the area {hallways or offices} of the Lane University Center behind the information desk {administrative area). in our conversation, you indicated that you need to schedule an event in the ARMAH that will require you to be in the administrative area. Please notify me 24 hours prior to entering that area of the building. I will make arrangements for not to be there during that time. Failure to comply with this request will be considered a violation of University Policy and will be addressed in a Show Cause Hearing. As additional information is gathered regarding this incident. I will keep you informed of any action that will be taken by the University. Please let me know if you have any questions. .iesse M. Ketterman, Jr., Dean ofStudents 116 Hitchins Building Frostburg State University This email and any files transmitted with it are con?dential and intended solely tor the use of the individuai{s) to whom it is addressed. It you have received this email in error. please contact the sender. Any other use of this email is strictly prohibited. . Page 1 of1 Wednesday, February 26, 2014 3:59:13 PM Eastern Standard Time Subject: Follow-up Date: Thursday, March 14, 2013 9:06:42 PM Eastern DaylightTime From: JESSE Ketterrnan To: (bli?l; (mine) CC: JESSE Ketterrnan Thank you for taking time to speak with me today. As we discussed, you should avoid any contact withm (bx? either in person, written, verbal or electronic. As you consider your options to address this matter, please let me know if you have any questions. Jesse M. Ketterman, Jr., Dean of Students 116 Hitchins Building Frostburg State University This email and any files transmitted with it are confidential and intended solely for the use of the individua?s) to whom it is addressed. it you have received this email in error, please contact the sender. Any other use oi this email is strictly prohibited. Page 1 of 1 Wednesday, February 26, 2014 4:03:45 PM Eastern Standard Time Subject: Re; Ilbil?iibi?lci Date: Friday, March 15, 2013 3:23:15 PM Eastern Daylight Time From: Jesse Ketterman To: Jeffrey Graham CC: Torn Bowling Okay. The next step for us is to get a copy of the charging document. Sent from my iPhone On Mar 15, 2013, at 2:52 PM, "Jeffrey I. Graham" wrote: JK, Chief Smith called and advised (WW3) lwas charged with rape today. Jeff Graham Associate Dean of Students 116 Hitchins Building Frostburg State University This email and ant.r files transmitted with it are con?dential and intended solely for the use of the individuallsl to whom it is addressed. If you have received this email in error, please contact the sender. Any other use of this email is strictly prohibited. Page 1 of 1 Wednesday, February 26, 2014 4:03:55 PM Eastern Standard Time Subject: Rez tblt5}; (bilTECi Date: Monday, March 18, 2013 2:47:12 PM Eastern Daylight't'ime From: Jesse Ketterman To: (bit?iz (bilit?i Thank you. Jesse M. Ketterman, Jr., DEan of Students 116 Building Frostburg State niversity This email and any files transmitted with it are confidential and intended solely for the use oi the individual(s) to whom it is addressed. it you have received this email in error, please contact the sender. Any other use oi this email is strictly prohibited. From: libil?i; (bilitci Date: Monday, March 18, 2013 2:41 PM To: Jesse Ketterman fr Colette); (WHO) Sublect: RE: libit?i; (bilitci Jesse, I sent (blt?i; {bit?W?) charging docoments over with the city reports. You should have them tomorrow 3! 19,! 13. From: Jesse Ketterman Sent: Sunday, March 17, 2013 3:52 PM Toilibggall CctJe re LGraham subject: Can you provide me with a copy of the charging documents? Jesse M. Ketterrnan, Jr., Dean of Students 116 Hitchins Building Frostburg State University This email and any tiles transmitted with it are con?dential and intended solely [or the use of the individualts) to whom it is addressed. it you have received this email in error, please contact the sender. Any other use of this email is strictly prohibited. Page 1 of1 Wednesday, February 26, 2014 3:59:29 PM Eastern Standard Time Subiect: Criminal Charges Date: Thursday, March 21, 2013 3:12:37? PM Eastern Daylight Time From: Jesse Ketterman To: libii?ii I CC: Jesse Ketterman I have been informed that criminal charges have been pressed ragarding the matter we discussed. Please call 301- 6314311 to schedule an appointment for us to meet on Monday {April 25) regarding this matter. Jesse M. Ketterman, in, Dean of Students 116 Hitchins Building Frostburg State University This email and any files transmitted with it are oonlidential and intended solely lor the use of the individuaKs) to whom it is addressed. If you have received this email in error, please contact the sender. Any other use of this email is strictly prohibited. Page 1 of: Whether the Complainant or the accused student provided the names of any witnesses who were not informed of the hearing or otherwise interviewed, or who were invited to the hearing but did not show up. Complaints via the Code of Student Conduct are interviewed by the Dean of Students, the Associate Dean of Students, or the Director of Wellness only to the extent there is enough information to indicate there is likelihood that a violation of policy has occurred. The matter is then referred to a panel hearing who will continue the investigation to determine the nature and severity of the policy violation and if found reSponsible for violating policy, determine sanctions based on the information gathered. As stated in the Hearing Procedures on page 19 of the Policy Statements Booklet, "it must be determined that it is more likely than not that the referred student has violated the University Standards of Personal and Group Conduct.? As stated in the Hearing Procedures on page 18 of the Policy Statements Booklet, "the hearing will provide the students charged and the person making the referral with an opportunity to present witnesses or witness statements on their own behalf. Based upon the charging document provided by University Police, it was determined that we: (we) libiisi? WW Iwere identified as witnesses based on interviews (lncludinglibit?i: by libil?i; (WHO) 1 0n Dr. Ketterman invited via email (see attachment) (bili'iCi to meet with him to discuss how this incident is being addressed by a panel hearing. Dr. Ketterman met ?(derail on {ova}; and libit?i: Ion on or. xeuerman sent and (see attachment) a copl,?r of the statement of charges, a list of witnesses, an opportunity to identify additional witnesses, and an opportunity to provide an additional written statement. I(see attachment) expressed concerns regarding being listed as a witness. She did not provide any additional witnesses for the panel hearing. It should be noted that did not participate in the panel hearing as a witness. Onlsee attachment), via his advisor and legal council provided the name of an additional witness, did not participate in the panel hearing as a witness. The character witnesses listed in the letter are used only when determining sanctions as indicated in the Hearing Procedures on page 19 of the Policy Statements Booklet. At the hearing, both parties and utilized a support person throughout the hearing process. Dnlyand were present at the panel hearing and participated as witnesses. Our policies do not require witnesses to participate in the panel hearing process. Idid not participate in the panel hearing, as this was a pending criminal investigation. The panel hearing concluded with a recommendation of suspension for libii?i? (WW3) I. Both parties appealed the decision of the hearing panel. The appeals were reviewed by Dr. Bowling, Vice President of Student and Educational Services and denied. The suspension became effective immediately upon the denial of the appeals. Niedzalkoski, Amy From: Karen Treber Sent: Tuesday, February 25, 2014 12:49 PM To: Niedzatkoski, Amy Subject: Documents requested Attachments: NCHA II Data 2009.2011.2013.pdf; Quick Follow?Up about the Re: Quick Follow-Up about the Scanned from a Xerox Multifunction Devicepdf Hello Amy, The attached are documents you requested from 033(5)? and from Dr. Jesse Ketterman. If you need anything else, please let me know. Sincerely, Karen Karen A. Treber General Counsel Frostburg State University 101 Braddock Road Frostburg, MD 21532 [301) 6814111 OFTHE PRESIDENT I I I 101 FRUSTBUR6.MD 21532-2303 T3D1.63?.4ttl 301.531?an 3; October 3, 2013 United States Department of Education Office ofCivil Rights The Wanamaker Building, Suite SIS 100 Penn Square East Philadelphia, PA 19107-3323 Attention: Ms. Amy Niedzalkoski Dear Ms. Niedzalkoski: Pursuant to a request from the US. Department ofEducation, Of?ce ofCivil Rights (OCR), Frostburg State University {the ?University"} is providing, certain infonnation in response to a complaint ?led by (blt?l; (MUTE) (the ??Cotnplainant?) on July 29, 2013. is a former student of the University and Itblt?l; tbl?t?i In our telephone conversation on September 26, 2013, we agreed that the University would provide information regarding the speci?c incident related to the complaint by October 4, 2013. We also agreed to provide other information requested by October 18, 2013. The University is therefore providing a summary of its investigation and actions taken pursuant to its policies and procedures in the case involving . In addition, we are providing responses to your request for the University?s policies and procedures related to Title ix, sexual harassment and sexual assault. determines that it wiil be issuing any finding or findings of'l'ault as a result of your investigation ofthe complaint, the University is interested in resolving this complaint through a voluntary resolution agreement. It" you have any questions concerning the enclosed documents, please contact me at (301] 687-41 1 I, or ktreber@ t?rostburgedu. Sincerely, Karen A. Treber General Counsel all-tii'i'LaE'I Please provide the name and contact information for the University?s Title IX Coordinator and written description ofhow that information is communicated to staff, students and the public. Beth Hoffman, ADAKEEO and Title Compliance Frostburg State University 10] Braddock Road Frostburg, MD 21532 Phone: 301-687-4102 Fax: 301-687-4118 See also, complianch This information is communicated to staff, students and the public via: a. FSU Policy Statements booklet, which is emailed to all students, staff and faculty at the beginning of each academic year. The booklet is sent by paper copy to any person requesting it. lemdm i nistrationfno iciese?nol icvstat f. b. FSU Phone Directory e. FSU Website and pages within the website including, for example: i FSU Advisory Council on Gender Based Violence Website FSU Student Services Website d. FSU Sexual Assault Brochure This brochure is also provided to students during sexual assault training events, presented most recently at 21 workshops during the fall 2013 semester. e. FSU Student Consumer Information link (located on the front page ofthe University?s website), See ?Student Right to Know" tab. f. All FSU policies and procedures related to sexual assault and sexual harassment contain Title IX information. A search of ?sexual assault" on the wwi.liosthurgedu website brings up numerous places on the FSU website that indicate how to contact the Title IX Compliance Of?cer. g. Brochures and other materials related to sexual assault provided at FSU various events including, for example: 0 RAINN Day, a national campaign sponsored by the Rape, Abuse, and Incest National Network (most recently held on September 26, 2013) The BURG Peer Education Network, Alpha Sigma Tau, and Alpha Phi Alpha are co-sponsoring Let?s Talk Red Zone in an effort to raise awareness and encourage prevention of sexual assault (most recently held September 19, 2013). Resident Hall Assistant Training Behind Closed Doors Training? (most recently held August 30, 20l3) A copy of the University?s Title IX grievance procedures, including any appeal procedures, and a written description of how those policies are communicated to staff, students and the public. a. Policy Statements Booklet 2013-20l4 bu rg.edu.=? fsu/a ssets/F i lemdmin istration/poi icicsfnol icystal See Policies and Procedures on Sexual Assault. The Student Code of Conduct also prohibits sexual harassment and the policies and procedures for ?ling a claim of sexual harassment are contained in the Policy Statements Booklet. b. Procedures for Pursuing Complaints of Discrimination or Sexual Harassment c. Discrimination Complaint Form httpir?m-tvt-v. l'rosthurgedufadm i See Item I above, for a description of how policies are communicated to staff, students and the public. Items 7 through 9 10. A copy of any investigative manual, guidelines, or any similar document describing how the University investigates complaints of sexual assault, sexual harassment or a hostile environment on the basis of sex. Contained in the documents provided in Item 2 above. Will be provided by October 18, 2013. To the extent that the University may have deviated from its Title IX grievance procedures during the conduct of the investigation or appeal, please explain why. The University did not deviate from its established Title IX procedures. Please describe any actions taken by the University to enforce sanctions against the Complainant?s harasser. See Attachment 1. Will be provided by October 18, 2013. A detailed written response to the allegations of this complaint. The University believes that it has in place policies and procedures that comply with Title IX and have been updated to comply with the standards ofthe most recent "Dear Colleague" letter dated April 4, 20] l, as well as the laws ot?the State of Maryland and the policies ofthe University System of Maryland. The University followed these policies and procedures in the complaint ?led by against From the time that first filed her complaint, to the time thatwas suspended from the University, we believe that she was fully supported by various members ofthe University?s Office of Student Services. including the Dean of Students? Office. which is responsible for addressing violations ofstudent policies. was given the of?ce and cell phone information for the University?s support person and was able to contact that individual at any time with questions or concerns. The University conducted a thorough investigation and acted in a manner that was fair to both parties. Each party was given the opportunity to appeal the decision ofthejudieial board, and the University responded ina timely and appropriate manner in compliance with internal policies and federal and state law. Further, the University responded appropriately and in compliance with its policies and procedures to each additional allegation ofviolations of University policy following the initial hearing. Speci?cally, and pursuant to its policies and procedures, the University conducted a panel hearing on the initial complaint within 20 class days of its submission. The panel was made up ofstudents, faculty and staff. was found responsible by the panel and received a sanction ofsuspension. The parties were informed oftheir right to appeal the decision of the panel and ofthe reasons for which the decision could be appealed. The appropriate person (Dr. Thomas Bowling, Vice President Student and Educational Services), made a determination on the appeals within the time period permitted by University policy. Once {blificl appeals were exhausted the University required him to leave immediately. The University then addressed the additional allegations of violations of policy complained of by (WEE (Wile) again pursuant to University proc ed ures. Attachment 1 more fully explains the facts of this case and the University?s actions. lfyou require documents related speci?cally to the case involving (Elia); please contact Karen Treber and she will provide them. The University adhered strictly to the policies and procedures it believes satisfy all legal standards. As a result, the University believes that the complaint by {Willi (bl is without merit and respectfully requests that it be dismissed. . li Attachment Timeline Summary of Response to Complaint by (bite; (more) against libit?i; (more) 0n libilel? ?3mm 1 a student at Frostburg State University met with Dr. .lesse Ketterman, Dean of Students. She was accompanied by a representative from the libli?ii {Dime} indicated that she had been sexually assaulted on (bile): ?305(0) Iby libii?ii also a student at the University. Iibli?l; {Dime} was the first contacthad with any University staff member or representative regarding the alleged assault. At that meeting: she requested thatnot have any contact with her. Dr. Ketterman explained University policies and hearing procedures tollbil?ii {mi?lilo) land gave her the contact information for libli?ii {Dime} Iwho acted as a University support person tollbli?ii {Dime} That same evening, Dr. Ketterman withlibii?li (WW3) I. who understood and agreed to comply with a request by Dr. Ketterman to have no contact with ?339(0) Dr. Ketterman sent an email on the evening of (W5): to both parties reiterating that neither was to have contact with the other. [On (bile)? {Dime} criminal charges were ?led against mime} in Allegany County Circuit Court] The University was closed during the period from Monday, March IS, 2013 through Friday, March 22, 2013, For spring break. On (?Halibi?im Dr. Ketterman met with (bititci and ?E?5HW He explained the hearing procedures and recommended that Ilbzii?ali (bl Iconsider withdrawing from the University. On ibil?li (bililcl Iand?bll?l: Iwere provided a copy Ofthe University?s referral statement of charges against ?330(3) and were each given an opportunity to provide an additional statement to be included in the referring document. lexpressed concerns about being in Appalachian Station, the Food court in the Lane Student Center at the same time as she. The Lane Center food court is a primary venue for meals for students. {Dim}? (WW3) alleged that {big had not spoken to her, but had made her feel uncomfortable by staring at her. (blmci denied that he was staring at On tbltE); Dr. Ketterman and {bile}; (WW3) had a conference call with {Dita}; and his attorney. As a result ofthat discussion, agreed that he would be permitted to be in the Lane Center only during certain speci?c hours of the day. (WW3) was informed ofthe hours (Dim)? {Dime} would be permitted in the Lane Center. On Ilbll?l; ?(billili (WW3) Iinforrned Itblt?l: (bl {biti?tcil?lhad bean in the Lane Center outside ofthe agreed upon time the previous day on Upon further investigation by the University, it was determined that [Wises in the Lane Center 30 minutes outside of the agreed upon permissible times. On (bile)? mime) Dr. Ketterman and {bit}: (bl met with {Wall (WW3) and his attorney to discuss this violation ofthe agreed upon restricted hours. The parties all agreed that, except to attend class, would be restricted to an area of campus close to Westminster Hall (his residence). This area included the Chesapeake Dining Hall. and Frederick Hall (where the student mailroom is located). {Dim}? (WW3) was informed of these restrictions by (bit? On (Wile) pursuant to University policy, a panel hearing was conducted to address (WW3) complaint ofviolation ofthe University's sexual assault policy (the {blt?li (bititCJ complaint). The hearing pane], composed of faculty, staff and students, recommended an immediate suspension ofone academic year for The parties were given five business days to appeal the outcome of the hearing. Pursuant to University policy, (?Wei as permitted to remain on campus during the appeal period, with the (blt?i; (bit? restrictions in place. On imam ?033(5)? {bimci Iinforrned of another encounter with between Chesapeake Dining Hall and Frederick Hall. She stated that had not talked to her, but she felt he was attempting to intimidate her. (bitil denied that he had seen and stated that since he had not seen her, he was not attempting to intimidate her. Due to the encounters with mime} and until they could be determined to be intentional or not: on ?330(3) Dr. Ketterman required that (Well ?330(0) leave campus pending a hearing to address the expectations set forth regarding contact with Both Iii-1H5); (DINING) Iand?bit?i; {bititci panel in a timely manner. On Dr. Thomas Bowling, Vice President ofStudent and Educational Services, sent written notice to both parties denying their appeals. The outcome ofthe hearing took effect immediately. was required to remove his belongings from the University. He forfeited the spring 20l3 semester was suspended through the fall 2013 semester. The panel?s decision meant that he would be permitted to reapply to the University in spring 2014. lsubmitted appeals to the decision ofthe judicial On in lieu ofa pane] hearing regarding the violations of contact with Iibiial? mime} Iagreed to an administrative hearing by telephone. This hearing was conducted by Dr. Ketterman with and his attorney to address the violations ofthe time and place restrictions agreed to by gbgeg; land . As a result ot?this hearing, agreed that he would not reapply or otherwise be readmitted to the University Following his one year suspension. thus resulting in permanent suspension from the University. Please describe any actions taken by the University to enforce sanctions against the Complainant?s harasser. Please refer to the documents provided in response to item 4 and Item 10 ofyour request. In summary, the University panel hearing on the sexual assault resulted in a decision to suspend for two semesters, which time period included the current semester. In accordance with University policy, he was permitted to stay on campus during the appeal period after it was reiterated to both parties that they were not to be in contact with each other. Both parties ?led appeals, and both were denied by the University. As per the panel decision, was not permitted to complete the spring 2013 semester, or to register for the fall 2013 semester. In addition, would need to reapply to the University. would have been required to leave campus immediately, however,had already been required to leave campus due to an additional complaint by uring the appeal period, in which she complained that he had violated the University?s requirement that he stay away from Upon notification by the University suspendedlbil?i; pending a formal hearing. An additional hearing was to be held regardingcomplaints. Dr. Ketterman met with both and his attorney by telephone on to discuss the procedures for the upcoming hearing. During that discussi agreed to be held responsible for failing to obey a reasonable request. In addition, he agreed not to return to the University and not to reapply for admission at any time in the future. See attached response to Item 7 (1 of2 and 2 of 2). Please note the following link to the University?s online sexual harassment training: In addition, information regarding the training received by Clery Act Campus Security Authorities is included as training includes topics ofsexual harassment and violence. The link to the University?s online Clery Act training is: Panel Member training is provided every September by Dr. Jesse Ketterman and Associate Dean of Students, Mr. Jeff Graham. The training is given to all new panel members (faculty, staff and students) and provides and overview ofthe hearing process. Sexual Misconduct Panel Training is required for any panel member who would participate in a hearing related to sexual assault or sexual harassment. Dr. Ketterman 9. provides this training. Additional Sexual Misconduct Panel Training is provided to panel members interested in participating in hearings involving sexual assault or sexual harassment. This training is coordinated by Dr. Ketterman and facilitated by and from the (bits); (bitTtC) and libit?i; (biiftci I?'om the libit?ii (bit?tic) Residence Life Sexual Assault Training is provided to students and staff members who work for the Residence Life Of?ce. This training is conducted prior to the start ofthe fall semester each year. It is led by libil?ii (WW3) I. nurse in the Brady Student Health Center and (mmcl All employees, including all faculty, are required to complete sexual harassment training. On average 98% ofemployees complete the training within 30 days ofempioyment. A refresher course is required every 3 years. As of October 18, 20 3. [00% ofemployees required to take the refresher course had completed it successfully. in addition, all new employees are required to acknowledge in writing that they have received and read the sexual harassment policy. Campus Security Authorities, as de?ned by the Clery Act, are required to complete training when they are noti?ed oftheir status as a (SSA, and are required to complete a refresher course every three years. Ninety-eight percent of employees designated as SAs have completed the training, and 100% of CSAs have completed the refresher course when required to do so. See attached response to Item 8. The documents provided are in three sectionsof3). Document 1 of3 contains information related to Student Conduct Administrator Training. Document 2 of3 contains information related to the Titte IX Coordinator?s training. Document 3 of3 contains information related to Disciplinary Panel Member Training. See attached pdfresponse to Item 9. The documents provided are all student complaints and repons that have been brought to the University?s attention since the Dear Colleague Letter of April 20] 1. Names of students have been redacted. OF THE - .. . Iiraasrsussna 21532-2303 301.53.?qu October 18, 2013 United States Department of Education Office oi'Civil Rights The Wanamaker Building, Suite 515 100 Penn Square East Philadelphia, PA 19l07?3323 Attention: Ms. Amy Niedzalkoski Re: 03132323 Dear Ms. Niedzalkoski: Pursuant to a request From the US. Department ofEducation. Of?ce ofCivil Rights (OCR), Frostburg State University (the ?'University") is providing certain additional information in response to a complaint filed by (blt?l; (bltitCl (the ?Complainant") on July 29, 2013. The documents include responses to Items 4, 6, 7, 8 and 9 included in your letter of September 18, 2013. if you have any questions conceming the enclosed documents, please contact me at (301) 687-41 1 l, or ktrebert?f?frostburaedu. Sincerely, Karen A. Treber General Counsel tseJHhIJEt, sit-El IS THE DFTHE PRESIDENT i 1L i I. I l?ilUE JONATHAN PHD. BHADDUEK HEAD FROSTBURG.MD 21532-2303 HELENJUM SlitTE October 3. 2013 United States Department of? Education Of?'cc'ofCivil Rights The Wanamaker Building, Suite 515 100 Penn Square East Philadelphia. PA 19107-3323 Attention: Ms. Amy Nicdaalkoslri Dear Ms. Nierizalkoshi: Pursuant to a request from the US. Department ofEducation. Of?ce of Civil Rights (OCR), Frostburg State University (the ?University") is providing certain information in response to a complaint tiled by (blt?l; (b39133 (the ?Complainant") on Jul}r 29, 2013. (bile); is a fonner student ot?the University and graduated in May 2013. In our telephone conversation on September 26, 2013, we agreed that the University would provide information regarding the specific incident related to the complaint by October 4. 2013. We also agreed to provide other information requested by October I8. 2013. The University is therefore providing a summary ot?its investigation and actions taken pursuant to its policies and procedures in the case involving . In addition, we are providing responses to your request for the University?s policies and procedures related to Title IX, sexual I harassment and sexual assault. determines that it will be issuing any finding or ?ndings offauit as a result of your investigation ofthe complaint, the University is interested in resolving this complaint through a voluntary resolution agreement. lfyoti have any questions concerning the enclosed documents. please contact me at (301] 687-411]. or ktreberr?rilfrosthurg.edu. Sincerely, Karen Ai?Trebcr General Counsel Riddick, Diane From: Niedzalkoski, Amy Sent: Friday, October 18, 2013 12:52 PM To: Riddick, Diane Subject: FW: 03132328 Amy Niedzalkoski Attorney U.S. Department of Education, Office for Civil Rights 100 Penn Square East The Wanamaker Building, Suite 515 Philadelphia, PA 19107 [215}656-8571lph) {215} 656-8605 From: Karen Treber [KTreber@frostburg.edu] Sent: Thursday, October 2013 1:26 PM To: Niedzalkoski, Amy Subject: RE: 03132328 Hello Ms. Niedzalkowski, Giad to hear you are back to work. I am intending to send you numerous more documents tomorrow. When you receive them, I am happy to discuss them with you. I want to be certain that you have what you requested and that our response has been clearly conveyed to you. I know it?s not easy to keep track of so many documents. Sincerely, Karen Treber Karen A. Treber General Counsel Frostburg State University 101 Braddock Road Frostburg, MD 21532 (301} 682-4111 From: Niedzalkoski, Amy Sent: Thursday, October 17, 2013 11:30 AM To: Karen Treber Subject: RE: 03132328 Dear Ms. Treber, Thank you for the information you provided. OCR is back up and running, but it may take me a day or so to review it. I will be in touch shortly. Please do not hesitate to get in touch with any questions or concerns. Sincerety, Amy From: Karen Treber [mailto:KTrebeerrostburg.edu] Senl: Thursday, October 03, 2013 3:07 PM To: Ntedzalkoskl, Amy Subject: Re: 03132322 Dear M5.Nled1alkoskl: Attached in pdi tormat are documents related your request fur mtormation in response to a complatnt b_ --agamst Frostburg State Please contact me ilvau reqmre aodmonat information, Karen A. Treber General Counsel Frostourg State Unlversitv 101 Braddock Road Frastburg, MD 21532 130115374111 Riddick, Diane From: Karen Treber KTreber@frostburg.edu Sent: Friday, OctobEr 18, 2013 1:30 PM To: Niedzalkoski, Amy Cc: Riddick, Diane Subject: RE: OCR Response re: #03132328 I am going to try to attach Item 9 to Ms. Riddick's email because I think it may be that i am exceeding the amount you can accept. Karen A. Treber General Counsel Frostburg State University 101 Braddock Road Frostburg, MD 21532 (301] 682?4111 From: Niedzaikoski, Amy Sent: Friday, October 18, 2013 1:23 PM To: Karen Treber Cc: Riddick, Diane Subject: RE: OCR Response re: #03132328 Thank you very much for the additional data. lam also copying Diane Riddick on this email. She is the OCR investigator who has been assigned to this case. Amy Niedzalkoski Attorney U.S. Department of Education, Office for Civil Rights 100 Penn Square East The Wanamaker Building, Suite 515 Phiiadelphia, PA 1910? [215} 65643571 [ph) (215) 656-8605 if} From: Karen Treber [KTreber@frostburg.edu] Sent: Friday, October 18, 2013 1:09 PM To: Niedzalkoski, Amy Subject: OCR Response re: #03132328 Dear Ms. Niedzalkoski, Please see attached documents in response to your request. lwili be sending Response to Item 9 in a separate email as it is too large to attach to this one. Please call or write me if you have additional questions. Sincerely, Karen A. Treber Karen A. Treber General Counsel Frostburg State University 101 Braddock Road Frostburg, MD 21532 (301) 687-4111 Riddick, Diane From: Karen Treber Sent: Friday, October 18, 2013 1:25 PM To: Niedzalkoski, Amy Cc: Riddick, Diane Subject: RE: OCR Response re: #03132328 Can you tell me if you received one or two emails? I believe my second email was bounced back. Karen A. Treber General Counsel Frostburg State University 101 Braddock Road Frostburg, MD 21532 [301) 63741111 ??-?-Original Message?"n From: Niedzaikoski, Amy Sent: Friday, October 13, 2013 1:23 PM To: Karen Treber CC: Riddick, Diane Subject: RE: OCR Response re: #03132328 Thank you very much for the additional data. lam also copying Diane Riddick on this email. She is the OCR investigator who has been assigned to this case. Amy Niedzalkoski Attorney US. Department of Education, Office for Civil Rights 100 Penn Square East The Wanamaker Building, Suite 515 Philadelphia, PA 1910? {215] 656-3605 if) From: Karen Treber [KTreber@frostburg.edui Sent: Friday, October 18, 2013 1:09 PM To: Niedzalkoski, Amy Subject: OCR Response re: #03132323 Dear Ms. Niedzalkoski, Please see attached documents in response to your request. i will be sending ReSponse to Item 9 in a separate email as it is too large to attach to this one. Please call or write me if you have additional questions. Sincerely, Kareen A. Treber Karen A. Treber General Counsel Frastburg State University 101 Braddock Road Frostburg, MD 21532 [301) 687?4111 Riddick, Diane From: Niedzalkoski, Amy Sent: Friday, October 18, 2013 1:23 PM To: Karen Treber Cc: Riddick, Diane Subject: RE: OCR Response re: #03132328 Thank you very much for the additional data. I am also cepying Diane Riddick on this email. She is the OCR investigator who has been assigned to this case. Amy Niedzalkoski Attorney U.S. Department of Education, Office for Civil Rights 100 Penn Square East The Wanamaker Building, Suite 515 Philadelphia, PA 1910? [215) 656?3605 From: Karen Treber [KTreber@frostburg.edu] Sent: Friday, October 13, 2013 1:09 PM To: Niedzalkoski, Amy Subject: OCR Response re: #03132328 Dear Ms. Niedzalkoski, Please see attached documents in response to your request. I will be sending Response to Item 9 in a separate email as it is too large to attach to this one. Please call or write me if you have additional questions. Sincerely, Karen A. Treber Karen A. Trainer General Counsel Frostburg State University 101 Braddock Road Frostburg, MD 21532 (301) 6314111 Riddick, Diane From: Karen Treber Sent: Friday, October 18r 2013 2:09 PM To: Niedzalkoski, Amy; Riddiek, Diane Subject: OCR Response 13132328 Attachments: Response Item 9 ltoepdf,? Response Item 9 7tolS.pdf I am trying to send you the response to Item 9 again, in two parts this time. Karen A. Treber General Counsel Frostburg State University 101 Braddock Road Frostburg, MD 21532 {301] 637?4111 DISCIPLINARY REFERRAL OF limit?? I AND DISPOSITION FOR I. ENDANGERING THE HEALTH OR SAFETY OF SELFIOTHERS 2. SEXUAL ASSAULT I 3. SEXUAL ASSAULT THE LAW OFFICES OF STEVEN D. KUPFERBERG ATTORNEYS AT LAW 5904 DRIVE ROCKVILLE, MARYLAND 20552 Hal-9430 an. 130? Ham-9465 EMAIL: HurrLAwenOLLop-a wzaal?rz: STEVEN D. 1H 0.6. c. March 28, 2013 VIA E- MAIL TRANSMISSION: 143'46 HAIN STREET UPPER MANLBOEO. MD 307 72 ?~43 March 28, 2013 Page 2 March 28, 2013 Page 3 (NW0) March 28, 2013 Page 4 SDK:pfq Very truly yours, Steven D. Kupferberq ttr'londay,l January 20, 2014 10:59:09 AM Eastern Standard Time Subject: Witness Date: Friday, March 29, 2013 3:1?z06 AM Eastern Daylight Time From: Jesse Ketterman To: ltbti?t; (sti?e) You have been listed as a witness to an Incident that occurred in late February. Please schedule an appointment with me in the near future to discuss how this matter is being addressed as a violation of FSU policy. Call 301-63?- 4311 to schedule an appointment. You are invited to meet with me as a group or Individually. Jesse M. Ketterman, Jr.. Dean ofStudents 116 Hitchins Building Frostburg State University This email and any files transmitted with it are con?dential and intended solely for the use of the individualist to whom it is addressed. It you have received this email in error. please contact the sender. Any other use oi this email is strictly prohibited. Page 1 of1 Friday, March 29, 2013 1:15:22 PM ET Subject: FW: Scan from a Xerox WorkCentre Date: Fridav, March 29, 2013 8:54:43 AM ET From: Jesse Ketterrnan To: (bli?l; {bitii?l CC: Jesse Ketterman {Ulla}; (13 Attached is a copv of the statement of charges. This document will be used as the primary source for creating the referring document. i invite you to submit a written statement by noon on April that will also be used in creating the referring document. in addition to the law enforcement officer, there are four individuals listed as witnesses. Those individuals arelibh?l: (Will?) I libii?l; (blii'iCl I lfthere are additional witnesses that vou intend to bring to the hearing, please let me know by the close of business on April 3rd. Additional steps are taken in matters such as this to ensure the comfort of all parties involved in the hearing. Primarilv this involves providing the opportunity to participate in the hearing from another office in our suite. If you would like to be provided this opportunity. please let me know by the close of business on April 3rd. The hearing is tentativer scheduled for April 5th at 2pm in the Office of Student and Educational Services. Upon review of any additional statements provided and the statement of charges, the referring document will be created that will include the nature of the incident, possible violations of universityI policv, and the date and time of the hearing. 1 encourage vou to meet with me early next week to review the disciplinarv process. You can call 301-637-4311 to schedule an appointment. Please let me know if you have any questions. Jesse M. Ketterman, Jr., Dean of Students 116 Hitchins Building Frostburg State University This email and anv files transmitted with it are confidential and intended soler for the use of the individualis} to whom it is addressed. if vou have received this email in error, please contact the sender. Any other use of this email is strictly prohibited. 87 Page 1 of1 Monday, January 2Q. 2014 10:47:09 AM Eastern Standard Time Subject: Hearing Update Date: Friday, March 29. 2013 8:52:40 AM Eastern Dayiight Time From: Jesse Ketterman 1-D: ibii?i: CC: Jesse Ketterman (bii?i; (bit? Attached is a copy of the statement of charges. This document will be used as the primary source for creating the referring document. I invite you to submit a written statement by noon on April that will also be used In creating the referring document. in addition to the law enforcement officer. there are four Individuals listed as witnesses. Those individuals arelibii?i; . (bii6i; I If there are additional witnesses that you intend to bring to the hearing, please let me know by the close of business on April 3rd. Additional steps are taken in matters such as this to ensure the comfort of all parties involved in the hearing. Primarily this involves providing the opportunity to participate in the hearing from another office in our suite. If lyou would like to be provided this opportunity, please let me know by the close of business on April 3rd. The hearing is tentativeiy scheduled for April 5th at 2pm in the Office of Student and Educational Services. Upon review of any additional statements provided and the statement of charges. the referring document will be created that will include the nature of the incident. possible violations of university policy. and the date and time of the hearing. I encourage you to meet with me early next week to review the disciplinary process. You can call 301-687-4311 to schedule an appointment. Please let me know if you have any questions. Jesse M. Ketterman, 1n, Dean of Students 115 Hitchins Building Frostburg State University This email and any ?les transmitted with it are con?dential and intended soieiy for the use of the individualisl to whom it is addressed. if you have received this email in error, please contact the sender. Any other use of this email is strictly prohibited. Pagelofl Monday, January 20, 2014 10:50:01 AM Eastern Standard Time Subject: Re: Witness Date: Sunday, March 31, 2013 3:42:45 PM Eastern Daylight Time From: (W703) To: Jesse Ketterrnan Dear Dr. Ketterman, I would be happyI to meet with you regarding the Incident that happened In late February, my father would like to be there as well. We cannot meet this coming week, howeverthe week of My, We can meet with you. Please let me know which day Is best for vou. Respectfully, {Didi}: {biWiC} On Mar 29, 2013, at 8:17, "Jesse Ketterman" wrote: You have been listed as a witness to an incident that occurred in late February. Please schedule an appointment with me in the near future to discuss how this matter is being addressed as a violation of FSU policy. Call 301-687-4311 to schedule an appointment. You are invited to meet with me as a group or individually. Jesse M. Ketten'nan, Jr., Dean of Students 116 Hitchins Building Frostburg State University This email and any files transmitted with it are con?dential and intended soleiy for the use of the individualls) to whom it is addressed. If you have received this email in error. please contact the sender. Any other use oi this email ls strictly prohibited. Page 1of1 Monday, June 10, 2013 3:53:08 AM Eastern Daylight Time Subject: Date: Monday, April 1, 2013 10:1?z47 AM Eastern Daylight Time From; libit?i; To: Jesse Ketterman Please see in letter to you dated April 2013, as well as my letter to dated March 23. 2013, both attached. 4 (bit?ii (bi?'tC) Steven D. Kupferberg. Esq. The Law Offices of Steven D. Kupferberg 5904 Hubbard Drive Maryland 20852 (301)231-9430 office (301)881-9465 fax kufflaw@aol.corn Confidentiality Notice Warning: This e-mail transmission contains con?dential information belonging to the sender which is legain privileged. This information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are noti?ed that any disclosure, copying. distribution, or action in reliance upon the contents of the information transmitted is strictly prohibited. If you received this e-mail in error. please noti?y us by return a- mail immediately to arrange for the return of the email information to us. and delete alt copies from your system. Page 1 of 1 THE LAW OFFICES or STEVEN D. KUPFERBERG ATTORNEYS AT LAW 590:! HUBBARD DRIVE ROCKVILLE, MARYLAND 20352 uson asI-eqso MN Sal-9465 MAIL: NUFFLAWGAOL COM STEVEN n. HAIN 1 ll uPnEn MEI VIA TRANSMISSION: jketterman?frostburg.edu ONLY Jesse M. Ketterman Jr., Dean of Students Frostburg State University 116 Hitchins Building Cumberland, Maryland 21532 Re: Our Client/Your Student: Disciplinary Hearing: (mounds) Written Statement Due: Dear Dr. Ketterman: I have been retained by Wmalm?ml Ito represent him in the above-referenced matter, as well as the criminal case now pending pendent} I Based upon your recent conversation with W?mdm? and his family, we anticipated there was a possibility that a Disciplinary Hearing would be set, but we did not anticipate that the Hearing would be set as quickly as your e?mail of March 29, 2013, indicates. I only received a copy of the e-mail the evening of Friday, March 29, 2013, and began to assemble sufficient items and statements for presentation at the Hearing and prepare a written statement, which now appears to be due today at noon. Unfortunately, for preparation sake, this weekend was Easter weekend, which precluded sufficient time to respond to your request for a written statement by noon today. Additionally, I Jesse M. Ketterman Jr., Dean of Students Frostburg State University April 1, 2013 Page 2 am unavailable on April 5, 2013, to attend and assist WNW ?awless) at the Disciplinary Hearing, due to my trial calendar. As on may know, the Preliminary Hearing1 in noted above is set for April 12, 2013, at 8:30 a.m. and will, hopefully, conclude before that afternoon. The Preliminary Hearing is merely to decide whether or not this case will go forward. It is not a hearing on guilt or innocence, nor are we suggested that the Preliminary Hearing itself is, in any way, determinative of your Disciplinary Hearing. However, we would appreciate any assistance you might give us in changing the scheduling of the Disciplinary Hearing and associated deadlines as follows: Monday - April 8, 2013/12:00 p.m. written statement oflm?mim?mi WEdnesday - April 10, 2013 notice of additional witnesses Friday April 12, 2013!2:00 p.m. Disciplinary Hearing in the Office of Student and Educational Services 1 Maryland Rule 4~221, Preliminary Hearing in District Court The purpose of a Preliminary Hearing is to the take the State's case at face value to determine therefrom whether a prima facie case exists to justify detaining a Defendant while a Grand Jury, or the State?s Attorney considers further action. Ehrlich v. State, 42 Md.App. 730 (1979} Jesse M. Ketterman Jr., Dean of Students Frestburg State University April 1, 2013 Page 4 I look forward to hearing from you. SDK:pfg CC: VIA E-MAIL TRANSMISSION .p even D. yours, Kupferberg ONLY /57 Wednesday, April 3, 2013 9:14:18 AM ET Subject: Hearing Update Date: Tuesday, April 2, 2013 7:30:17 PM ET From: Jesse Ketterman To: Jesse Ketterman, (JOHNS) (bli?i: US Please be aware that have modified the dates listed below. i will accept your statement and list of witnesses until noon on April 5th and the hearing will be tentatively scheduled for April 12th at 2pm. Jesse M. Ketterman, Jr., Dean of Students 115 Hitchins Building Frostburg State University This email and any files transmitted with it are confidential and intended solely for the use of the individualis} to whom it is addressed. If you have received this email in error, please contact the sender. Any other use of this email is strictly prohibited. On 3f29f13 8:54 AM, ?Jesse Ketterman" wrote: (Dita); e. Attached is a copy of the statement of charges. This document will be used as the primary source for creating the referring document. invite .3 you to submit a written statement by noon on April that will also be used in creating the referring document. In addition to the law enforcement officer, there are four individuals listed as witnesses. Those individuals are libii?i; 0330(0) I ??libilril; (bliTlCi i If there are additional witnesses that you intend to bring to the hearing, please let me know by the close '1 of business on April 3rd. Additional steps are taken in matters such as this to ensure the comfort -- of all parties involved in the hearing. Primarily this involves providing the opportunity to participate in the hearing from another office in our suite. If you would like to be provided this opportunity, please let me know by the close of business on April 3rd. Mh' 4A. The hearing is tentatively scheduled for April 5th at 2pm in the Office of Student and Educational Services. Upon review of any additional statements provided and the statement of charges, the referring document will be created that will include the nature of the incident, possible violations of university policy, and the date and time of the hearing. i I encourage you to meet with me early next week to review the disciplinary .3 Page 1 of2 process. You can call 3d1v63?-4311 to schedule an appointment. Please let me know if you have any questions. Jesse M. Ketterman, Jr., Dean of Students 5 116 Hitchins Building Frostburg State University This email and any files transmitted with it are confidential and intended solely for the use of the individualis) to whom it is addressed. if you have received this email in error, please contact the sender. Any other use of this email is strictly prohibited. 3/ Page 2 of 2 April 2, 2013 Jesse M. Ketterman Jr., Dean of Students Frostburg State University Dear Dr. Ketterman: You had asked me to provide a written statement to be made part of the record in this case. Wednesday, April 3. 2013 9:14:32 AM ET Subject: Re: Hearing Update Date:- Tuesday, April 2, 2013 7:29:20 PM ET From: Jesse Ketterman To: Jesse Ketterman, (bii?i; Please be aware that have modified the dates listedqbelow. I will accept your statement and list of witnesses until now on April 5th and the hearing will be tentatively scheduled for April 12th at 2pm. Jesse M. Ketterman, Jr., Dean of Students 116 Hitchins Building Frostburg State University This email and any files transmitted with it are confidential and intended solely for the use of the individualls] to whom it is addressed. if you have received this email in error. please contact the sender. Any other use of this email is strictly prohibited. On 3f29/13 8:52 AM, "Jesse Ketterman" <1Ketterrnan@frostburgedu) wrote: (Diil'iCi Attached is a copy of the statement of charges. This document will be used as the primary source for creating the referring document. I invite you to submit a written statement by noon on April that will aiso be used in creating the referring document. In addition to the iaw enforcement officer, there are four individuals listed as witnesses. Those individuals are liblt?l: ibiifici I ibli?ii (bli7iCi I if there are additional witnesses that you intend to bring to the hearing, please let me know by the close of business on April 3rd. Additional steps are taken in matters such as this to ensure the comfort of all parties involved in the hearing. Primarily this involves providing the opportunity to participate in the hearing from another office in our suite. If you would like to be provided this opportunity, please let me know by the close of business on April 3rd. The hearing is tentativeiy scheduled for Aprii 5th at 2pm in the Office of Student and Educationai Services. Upon review of any additional statements provided and the statement of charges, the referring document will be created that will include the nature of the incident, possibie violations of university policy, and the date and time of the hearing. encourage you to meet with me early next week to review the disciplinary process. You can call Sill-6314311 to schedule an appointment. .3 Page 1 of2 Please iet me know if you have any questions. Jesse M. Ketterman, Dean of Students 116 Hitchins Building Frostburg State University This email and any files transmitted with it are confidential and intended solely for the use of the individuaHs) to whom it is addressed. If you have received this email in error, please contact the sender. Any other use of this email is strictly prohibited. .15 Page 2 of2 Apri12,2013 Jesse M. Kettennan Jr., Dean 0f Students Frestburg State University Dear Dr. Ketterman: You had asked me to provide a written statement to be made part of the record in this case. {Elia}; (MUG) 02.3 (W003) @?pv 91? (WW3) (MUG) THE LAW OFFICES OF STEVEN D. KUPFERBERG 5904 HUBBARD DRIVE MARYLAND 20852 :30n23+9480 SBLQABE HUFFL AWOAOL.CGM HTTP-HKUPFEHBEHG COM STEVEN D. v4 746 MAIN STREET I Mo 20772 April 2, 2013 TED VIA E-MAIL TRANSMISSION: jketterman6froetburg-edu Jesse M. Ketterman Jr;, Dean of Students Frostburg State University 116 Hitchins Building Cumberland, Maryland 21532 lt301)687e43ll Re: Our Client/Your Student: IWE): (M0133) Disciplinary Hearing: Witness/Exhibit Lists: Written Statement Due: Dear Dr. Ketterman: Thank you for modifying your compliance schedule in the above?referenced matter. As I promised you, I am attaching ememmUE) written statement, earlier than anticipated. I would like to have a conference call with you tomorrow, or Thursday for you to go over the ground rules of the Disciplinary Hearing me, as we discussed previously. If you need any other information, please do not hesitate to contact me. Veareetsw Yours .. far I {3 Steyen?D. Kupferberg SDK:pfg (we; (tame) ONLY ONLY 026. THE LAW OFFICES OF STEVEN D. KUPFERBERG ATTORNEYS AT LAW 5904 HUBBARD DRIVE MARYLAND 20352 :30? gal-east: on :30" D. 14745 MAIN STREEY UPPER Mo 207'72 .ADMITTED do. a MARYLAND April 5 I VIA Ee??lL TRANSMISSION: jketterman@frostburg.edu ONLY Jesse M. Ketterman Jr., Dean of Students Frostburg State University 116 Hitchins Building Cumberland, Maryland 21532 1(301}687v4311 Re: Our Client/Your: Student: new); (tame) Disciplinary Hearing: ?maim?m? WitnessiExhibit Lists: Dear Dr. Ketterman: We re5pectfully request that the following students be excused from the panel of peers as a result of possible potential bias in the matter InotEd above. Obviously, since Wmadm?ml I I am sure that many of the students know of, or are friendly with wmexmsm) I. Questions should be asked of each student on the panel by your office to determine whether or not any of the student members bear such a familiaritv with mmewmsm) I meimHNC} I Due to the sensitive nature of this allegation, it is conceivable that many of the students may even viscerally have a bias against in favor of Jesse M. Ketterman Jr., Dean of Students Frostburg State University April 5, 2013 Page 2 We believe the following individuals may have a familiarity, if not, a close relationship with the witnesses against lens); I Possible Friends of Witnesses (at least} of (DRUG) b6;bTC Possible Relatives of a Friend (at least} of (DRUG) 0257 Jesse M. Ketterman Jr., Dean of Students Frostburg State University April 53 2013 Page 3 Possible Friends of Witnesses (at least) of Ii Possible Relatives of a Friend [at least) of Wmaim?m) b?'bTC Possible Friends of Witnesses (at least) of Thank you for your consideration in this matter and for the opportunity to review the list of qualified panel members. Very truly yours, I Stesen D. Hupferberg SDK:pfg CC ONLI ONLY 02?? Monday, January 20, 2014 10:52:48 AM Eastern Standard Time Subject: Quick Follow-Up about the LUC Date: Thursday, April 4, 2013 5:17:12 PM Eastern Daylight Time From: {bii?t (bililC) To: (him); (NUTS) CC: Jesse Ketterman Priority: High Hi (bile); (D) I hope that this email finds you doing well. I wanted to send you a quick update regarding a recent conversation that Dr. Ketterman had with {bil?t {bi regarding the issue from Appalachian Station on Tuesday. Dr. Ketterman has read your accounts and has obtained {bii?t {bilfl as well to ensure fairness to all parties. Therefore, in an effort to prevent further similar issues until the Panel Hearing on, .Dr. Ketterman has created a ?schedule.? will be permitted in the Lane University Center on the following dates and times: - Mondays, Wednesdays, and Fridays from 2:00pm until 2:30pm for lunch - Tuesdays and Thursdays from 12:00pm until 12:45pm for lunch - Tonight, April from 10pm until closing and then on Sunday afternoon (times not yet determined} a (bil?li ?300(0) Dr. Ketterman wishes to maintain this schedule to ensure that both of you do not have to encounter one another in our student union. To ensure your well-being, i want to encourage you to remain clear of the Appalachian Station while he is getting lunch so that you feel safe.remains aware that he is to be as far from the {bilTl as possible, so know that is a safe space. Should you find there to be any more complications or issues regarding contact with please let us know. As always, should you have any questions or concerns, you know how to reach me. Best, {DilflCi Page 1 of 1 Monday, JanuaryZO, 2014 10:54:13 AM Eastern Standard Time Subject: Panel Date: Friday, April 5, 2013 11:29:31 AM Eastern Daylight Time From: (blUlCl To: (bli?l; Jesse Ketterman Hello I will review the list sent out. I appreciate the two of you letting me know his schedule so that I can take steps to not be in the Lane Center during those times. I would like to make one final request, i do not feel comfortable with being a witness on my behalf. i realize that this is up to your discretion, but i feel it is imperative to note that she only wants to protect her own best interests and I do believe she is willing to lie about the incident to avoid the consequences of serving alcohol to minors. ljust thought I would let you know. Thank you. (DE?tic) Page 1 of1 . I i Monday, June 10, 2013 9:03:31 AM Eastern Daylight Time Subject: {bit??l Date: Thursday, April 4, 2013 7:23:36 PM Eastern Daylight Time From: Steven D. Kupferberg To: Jesse Ketterman Please find attached my letter to you dated April 4, 2013, with photo attachments and character letter attachment. Steven D. Kupferberg. Esq. The Law Offices of Steven D. Kupferoerg 5904 Hubbard Drive Rockviile. Maryland 20852 (301)231-9480 of?ce (301)881-9465 fax kufflaw@agl.com Confidentiality Notice Warning: This email transmission contains confidential information belonging to the sender which is legally privileged. This information is intended oniv for-the use of the individual or entity named above. If you are not the intended recipient. you are noti?ed that any disclosure, copying, distribution, or action in reliance upon the contents of the information transmitted is strictly prohibited. If you received this e-mail in error. please noti?y us by return e- mail immediately to arrange for the return of the e-mail information to us, and delete all cepies from your system. 34/ Page 1 of]. THE LAW OF STEVEN D. KUPFERBERG AT Law 5904 HUBBARD nan-'1 MARYLAND 20352 neon zen-9430 unison eel-ones WEBSITE D. surrcnasno' H.746 MAIN Mien-1' . UPPER MAHLIDRU. MD 30773 ADMHTEDWDL. a. April 4' 2013 VIA TRANSMISSION: jketterman?fzoatburq.edu ONLY Jesse M. Ketterman Jr., Dean of Students Frostburg State University 116 Hitchins Building Cumberland, Maryland 21532 Re: Our Client/tour Student: I Disciplinary Hearing: (mwlm?ncl Lists: Dear Dr. Ketterman: Thank you for taking the time to speak with and myself to explain the ground rules and to, hopefully, remedy any possibility Imay some face?to?face by happenstance. Exhibits WW0) Jesse M. Kett?rman Jr., Dean of Students Frostburg State University April 4, 2013 Page 2 Character Witness List Jesse M. Ketterman Jr., Dean of Students Frostburg State University April 4, 2013 Page 3 Witness List You have given me until close of business on April 8, 2013Ir to provide you with a supplement to this list of Exhibits and witnesses, I intend to give you a more complete list before the deadline. If you need any other information, please do not hesitate to contact me. Very truly yours, Steven D. Kupferberg SDK:pfg (W5): (DRUG) on: ONLY @003} {b H61 {bl?WC 76> {b10033 VOL {b 1/3 (WW3) (WW0) 9U ya (W703) 9?7 (WW0) (WW3) 5/ - g. - .. . menace some - no 21532-2303 5 A TE notating 1111.531303] I April?i. ZULJ E: libli?li (bli7iCl Dear hedge: I have known since he became a student here at Frostburg State University in the fall of 2011. As an (bl?'iCl Ido not normally get to know many of the students butmlhas worked on several video projects and had to use my iteys to unlock the room where the equipment was stored. During this time i have gotten to know much better and I must say he is one student who always takes time to stop and say "h how are you doing today" even when he doesn't need my keys. also always tells me to "have a nice day." in today's World that is very rare and it really makes my day when a student shovvs me that respect. would also like to say that we have strict rules. which students must follow, in order to use our video equipment andhas never once broken any oi'those rules. He always has his equipment back within the allowable timeframe and we have never had an issue with any of the equipment he has used. [have been with Frostburg State University for twelve years and I can count on both hands the students who i truly get to know and i am honored to say that is one of those students. li'you have any further questions you may Contact me at libli?l; IorIibli?li I Thank you For you time. Sincerely, (bio); ibieici 12 Monday. January 20, 2014 10:55:07 AM Eastern Standard Time Subject: Hearing Noti?cation Date: Monday. April 8; 2013 1:26:34 PM Eastern Daylight Time From: Jesse Ketterman To: (W5): (bHTiCl CC: {biiS}: (bitiiCl Jesse Ketterman (DEE): i Attached is the Hearing Noti?cation and the Violation Report to include the Statement of Charges and a statement from Please review the information and let me know if you have em; questions. Jesse M. Ketterman, Jr., Dean of Students 116 Hitchins Building Frostburg State Universitv This email and any files transmitted with it are confidential and intended solely for the use of the individualis} to whom it is addressed. ii you have received this email in error. please contact the sendert Any other use oi this email is strictly prohibited. Page 1 of 1 Monday, January 20, 2014 10:55:40 AM Eastern Standard Time Subject: Hearing Noti?cation Date: Menday, April 3, 2013 1:23:42 PM Eastern Daylight Time From: Jesse Ketterman 1-D: libit?i; (bititci CC: Steven D. Kupferherg, Karen Treber, Jesse Ketterman (bit?i; Attached is the Hearing Noti?cation and the Violation Report to include the Statement of Charges and your statement. Please review this informatlon and let me know if you have any questions. Jesse M. Ketterman, Jr., Dean of Students 116 Hitchins Building Frostburg State University This email and any files transmitted with it are confidential and intended soler for the use of the individualis) to whom it is addressed. If you have received this email in error. please contact the sender. Any other use of this email is strictly prohibited. Page 1 of 1 at THE rattled? ouster MID tnucmauu some 101 semantic note 11531-23111 T301.?tt7.4311 meanest HEARING NOTIFICATION April ca. 2013 {bliitcl near (bit? Attached is a Violation Report. Indicating you have been refened to the Student Conduct System. THIS is YOUR N011 FICATIDN OF THE HEARING. The Violation Report. which contains a statement ofthe charges. including a description of the conduct upon which the charges are based. and suggests the nature of evidence that wl? be presented against you. An explanation of each individual violation can be found in the Code of Student Conduct hookiet andtor Resldeoce Hall Guide. If you have not met with me. you are encouraged to do so immediately. At the hearing you will he asked to plead "Responsible" or "Not Responsible" to each violation. You will also be given the opportunity to present your statement regarding the incident. Should you be found responsle of any of the violations. a list of possible sanctions to provided in the cm of Student Conduct booklet You also have the right to appeal the decision of the Hearing PaneUO?lcer. Procedures and grounds for appeal are provided in the Code of Student Conduct booklet Please call 301-837-4122 It you have any questions concerning this Healing Noti?cation. Sincerely. 3 71/1437 Dr. Jesse M. Ketterman. Jr. Dean of Students cc. Student File . - a- - --.-- --.- .- Heerlng-Date E'I'ime; (bli?l; Location of Hearing: 11a Hltohins Emitting 9' ?r Pet-ion Referi'lng'Caeet Graham . .4 .. - . . UKIHISIIY I (HHSIITUIHT ?If. 0F Hli?l'lltl? Monday, June 10, 2013 10:28:13 AM Eastern Dayiight Time Subject: Modification of Stay Away/Suspension Order Date: Monday, April 15, 2013 5:55:52 PM Eastern Day!ight Time From: Steven D. Kupferberg To: Jesse Ketterman Dear Dr. Ketterman: Attached you will ?nd a copy of a letter from Fm}; Iasking to have removed from the Suspension Order. Ihas never been mentioned to be involved in this matter and, for obvious reasons. including the fact thatdoes not know, or can recognize she should be removed from the Stay Away in order to avoid any discussion that (W Idisobeyed the University's Order. does not want even the appearance of inadvertently disobeying. If you perceive any problem. whatsoever, with this letter, please contact me immediately. Steven D. Kupferberg. Esq. The Law Of?ces of Steven D. Kupferberg 5904 Hubbard Drive Rockville, Maryland 20352 (301)231-9430 office {301 1831-9465 fax kufflaw@aol.com anfidgntiglity Notice Warning: This e-mail transmission contains confidential information belonging to the sender which is legally privileged. This information is intended only for the use of the individual or entity named above. if you are not the intended recipient, you are notified that any disclosure. copying, distribution, or action in reliance upon the contents of the? trsnomittr??nd is: etrirtlu nrnhihitnd if uni: rprnitrnd thie in role-step nntifiu Ho. ho rahtrn a? 6/ Page lofl April 15, 2013 Jesse M. Ketterman Jr., Dean of Students Frostburg State University Dear Dr. I received your email stating that I must stay away from I appreciate the seriousness of this situation and want to comply with all of the expectations you listed. What is problematic is that I am unfamiliar with and I would not know when I was near her if I was near her at any point in time. Of course, because I do not know her, there is no risk that I will contact her through written, verbal, or electronic conununication. It is for this reason that I request that you adjust that sanction and remove from the list of individuals I must stay away from. I do not want to inadvertently disobey and have no issue complying with the remainder of the capectations you have of me while my appeal is pending with Dr. Bowling. Thank you Ilbli?i; 41% it Monday. June It], 2013 10:23:42 AM Eastern Daylight Time Subiect: libll?l; (bitilCl I Date: Tuesday, April 16, 2013 5:14:38 PM Eastern Daylight Time From: Steven D. Kupferherg To: Jesse Ketterman Please see attached my letter to you dated April 16. 2013. Steven D. Kupferberg. Esq. The Law Of?ces of Steven D. Kupferberg 5904 Hubbard Drive Rockville. Maryland 20852 (301)231?9480 of?ce (301)881-9465 fax hufflaw@agl.cgm Confidentiality Notice Warning: This e-mail transmission contains confidential information beionging to the sender which is legally privileged. This information is intended only for the use of the individual or entity named above. if you are not the intended recipient. you are noti?ed that any disctosure. copying, distribution. or action in reliance upon the contents of the Information transmitted is strictly prohibited. If you received this a?mail in error. please noti?y us by return a- mail immediately to arrange for the return of the e-mail information to us. and delete all copies from your system. 43 Page 1of1 THE LAW OFFICES OF STEVEN D. KUPFERBERG ATTORNEYS AT LAW 5904 HUBBARD DRIVE ROCKVILLE, MARYLAND 20352 130? 23?9430 FAX Bat?9465 E-HML: nu! CDM WEBSITE. HTTPEIIHUFFEHBERD COM STEVEN O. MIT-45 MAIN STREET I UFPEF MARLBOHO. HD 20772 April 16, 2013 IN DA: 5- VIA TRANSMISSION: jketterman?froatburg.edu ONLY Jesse M. Ketterman Jr., Dean of Students Frostburg State University 116 Hitchins Building Cumberland, Maryland 21532 1(3013687?4311 Re: Our Client/Your Student: Disciplinary Hearing: (moraine) Exhibits Dear Dr. Ketterman: This letter is to memorialize the phone conversation between yourself and my associate, Anne Khirallah, from Rpril 16, 2013 and too seek clarification on the stay away order relating {mmxim?( received the Disposition of Judicial Hearing with the panel?s suggested sanctions and it is our understanding that while the appeal is pending with the Office of Student and Educational Services those sanctions will not be put into place and oro;mrn can continue to go to his will still remain in compliance with your order that he only go to that side of campus when he has class and then he is to return immediately to the dorm side of campus. 49/ JESSE M. Ketterman Jr., Dean of Students Trostburg State University April 16, 2013 Page 2 Also please advise what your decision is regarding the stay away order as 1t applies I. As you are now aware, lmHmi?CbW _is unfamiliar with and wouid not recognize her if he saw her. we want to avoid any situation where it may appear that he is disregarding your directives. I balieve that mxm;mnn spoke with you about his professor who had a test scheduled during the time that was either at the Preliminary Hearing in the District Court for the criminal case, or was present for his Disciplinary Hearing at Frostburg. and I were hoping that you might Speak with the professor and convince her to allow to make up the test scheduled for April 12, 2013. Any consideration you might give us in this regard would be helpful, as it is my understanding that m?m;m?n will not be able to pass this course without taking this exam. Thank you again for you attention to these matters. Very truly yours, Stores D. Kupferberg ATK13D?zpfg Attachment .q (NW0) ONLY ONLY Monday, June 10, 2013 12:05:53 PM Eastern Daylight Time Subject: RE: Request Date: Thursday, April 18, 2013 3:36:00 PM Eastern Daylight Time From: (bitthi TO: {Dita}: {biWiCi Hi {bil?ii Per your written request. please see the Dislaosition Letter (attached) from (big panel hearing. Please let me know should you have any questions or concerns. Best, {bit?ii Fromdtbii?i; {b30033 Sent: Thursday, April 18, 2013 2:31 PM TO: (him Subject: Request To whom it may concern; I am writing to request a copy ofthe disposition from the (WW3) hearing involving (WHO) I i am inquiring about this information, in order to add it to my records and ?le. Thank you. libiiEi): (W703) Page 1 of 1 UFHCEDF IHEVIEE STUDENT AHDEDUFATIUML SERWCES ml BRADDUCK ROAD FRDSIBURG.MD 21531-2303 STATE hi .0 E. Pianist?14$ 033(5); (bithIC) Name of l?ei'son Referred: Hearing ('Jl'licer; (bililci I?anel Members: Itblt?l; (bane) I Incident Date: ?Will: .Fudicial Administrator: Dr. Jesse M. Ketterman. Phi). Hearing Date: 5: Student was present. 1t?es VIOLATIONS: Code ofStudent?onduct. Pages 2- I PLEA: DFti'flSlON: [{eSpottsible Responsible Responsible Not Responsible Noti?esponsihle Not Responsible Endangering the Health and Sal'er of Selti?t'hhers 233. Sexual h'lisconduct [7 23b. Sexual Misconduct ll: IMPUSED: Recommended Suspension. Your suspension will be for a designated number of semesters effective as noted. [fsuSpension is not upheld. sanctions may be adjusted as deemed necessary. Your suspension is effective immediately through the Fall 2013 Semester. You are eligible to reapply for Spring 2014 Semester. PNG l'rom designated immediater You are issued :1 Persona Non Greta l'orbidding you to enter the following This is in effect immediately and continues in et?fcct through the specified time. During your suspension. you are from the FSU CTarnpus. It?you return to FSU. you are on DISCIPLINARY through your Graduation. As stated in the Code of Student Conduct booklet. a sanction of suspension or expulsion will he stroneg recommended for any student who is found responsible of violating the University Standards of Personal and Group Conduct while on disciplinary probation. I?o request an appeal. you must Submit a letter to the Of?ce ot'Student and Educational Services. I I6 I-litchins Building, within li ve days From the date of the hearing. Grounds For an appeal and information regarding the appeals process is stated in the Code of?Student Conduct. page 3 -22. A tape ol?panel hearings. it?applicable. will be kept on tile tor five days or until after the appeal. if it is granted. Via/Mm y, Mg itdenistratorrHearing Ol'lieer - Date cc: Student File Hattie?, It it. :Jt ?mutant? irsttu at ulifilh? 47 DISCIPLINARY REFERRAL CE WC) DISPOSITON FOR 1. REFUSING A REASONABLE REQUEST 2. HARASSMENT a. Monday, June 10, 2013 5:16:01 AM Eastern Daylight Time Subject: Ilbil?i; (biiflci I Date: Mundav. April 3, 2013 12:25:59 PM Eastern Daylight Time From: Steven D. Kupferberg To: Jesse Ketterman Please find attached my letter to you dated April 8, 2013. Steven D. Kupferberg, Esq. The Law Of?ces of Steven D. Kupferberg 5904 Hubbard Drive Rockville, Maryland 20852 (301 )2 31 e430 of?ce (301)831-9465 fax gg?lanaoliggm Con?dentialch Notice ?aming; This e?mail transmission contains con?dential information belonging to the sender which is legally privileged. This information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure. copying, distribution. or action in reliance upon the contents of the information transmitted is strictly prohibited. If you received this e-mail in error, please noti?y us by return e- mail immediately to arrange for the return of the e?mail information to us. and delete all copies from your system. Page 1 of 1 Niedzalkoski, Amy From: (bililCl Sent: Thursday, April 04, 2013 5:17 PM TO: {bili'lCl Cc: Jesse KettErrnan Subject: Quick Follow-Up about the LUC Importance: High Hi I hope that this email finds you doing well. I wanted to send you a quick update regarding a recent conversation that Dr. Ketterrnan had with (bll?i; (loll? regarding the issue from Appalachian Station on Tuesday. Dr. Ketterman has read your accounts and has obtained (bit? as well to ensure fairness to all parties. Therefore, in an effort to prevent further similar issues until the Panel Hearing on April Dr. Ketterman has created a "schedule." will be permitted in the Lane University Center on the following dates and times: Mondays, Wednesdays, and Fridays from 2:00pm until 2:30pm for lunch Tuesdays and Thursdays from 12:13me until 12:45pm for lunch - Tonight, April from 10pm until closing and then on Sunday afternoon (times not yet determinedl c: Ilblliil: Dr. Ketterman wishes to maintain this schedule to ensure that both of you do not have to encounter one another in our student union. To ensure your well-being, I want to encourage you to remain clear ofthe Appalachian Station while he is getting lunch so that you feel safe. {bl remains aware that he is to be as far from (Wall as possible, so know that is a safe space. Should you find there to be any more complications or issues regarding contact with (bll please let us know. As always, should you have any questions or concerns, you know how to reach me. BesL (bll?l; {bll7'lCl 1m annunocx ROAD 5 A I If It 5 21532-2393 7? OFFICE UFTHEUICE STU DENT AND ruurmoNAL sen-vices HEARING NOTIFICATION {Dita}; (bltl?tcl (blt?li (WHO) Attached is a Violation Report, Indicating you have been referred to the Student Conduct System. THIS IS YOUR NOTIFICATION OF THE HEARING. The Violation Report, which contains a statement of the charges, Including a description of the conduct upon which the charges are based. and suggests the nature of evidence that will be presented against you. An explanation of each individual can be found in the Code of Student Conduct booklet andIor Residence Hall Guide. If you have not met with me. you are encouraged to do so immediately. At the hearing you will be asked to plead "Responsible" or "Not Responsible" to each violation. You wilt also be given the opportunity to present your statement regarding the incident. Should you be found responsible of any of the violations, a list of possible sanctions is provided in the Code of Student Conduct booklet. You also have the right to appeal the decision of the Hearing PaneIIOf?cer. Procedures and grounds for appeal are provided in the Code of Student Conduct booklet. Please call 30143874122 if you have any questions concerning this Hearing Noti?cation. Sincerely. 7m37 Dr. Jesse M. Ketterman. Jr. Dean of Students cc: Student File Hearing bate-shag; {blt6l;tblt?tCl . l- - - I. Location of?ciating: 1'16 Hatchinsauizaiaggi - Person: Gmham_=; I .- IS A INSTITIHICIH CIF IHF 3F #?Rfl.?ld? J3 Monday, June 10, 2013 10:15:59 AM Eastern Daylight Time Subject: Ilblt?i; {bititCi Date: Monday, April 3, 2013 5:39:15 PM Eastern Daylight Time From: Steven D. Kupferberg To: teese Ketterman Please see the attached letter. Steven D. Kupierberg. Esq. The Law Of?ces of Steven D. Kupferberg 5904 Hubbard Drive Rockville. Maryland 2G852 of?ce (301)331-9465 fax 99 ?ggig Mm; This e?mail transmission contains con?dential intormetion belonging to the sender which is legallyF privileged. This information is intended only for the use of the individual or entity named above. If you are not the intended recipient. you are noti?ed that any disclosure. copying. distribution. or action In reliance upon the contents of the information transmitted ie etrictty prohibited. If you received this e-rnaii in error. please notifty us by return e-mail immediately to arrange for the rotum ot the e-meii information to us. and delete all copies from your system. Page 1 of 1 STEVEN D. IN or: a. MARYLAND THE LAW OFFICES OF STEVEN D. KUPFERBERG ATTORNEYS AT Law 5904 HUBEARD news aocuvnte MARXLAND 20352 LJUII ashean FAX 1:30? Hal-9465 EMML: HUFFLAWQAGL con IVEBSITE: COM lam-Ia MAIN STREET UPPER MARLBORU. MD 20773 April 3, 2013 VIA TRANSMISSION: jketterman?frostburg.edu Jesse M. Ketterman Jr., Dean of Students Frostburg State University 116 Hitchins Building Cumberland, Maryland 1(3011687-4311 ONLY 21532 Re: Our Client/Your Student: HWmem) Disciplinary Hearing: m?mim?ml Dear Dr. Ketterman: Thank you for sending the Hearing NOtification and Violation Report. Could you clarify violation Code 21. Endangering the Health and Safety of Self or Others by specifying which ?actions? is alleged to have endangered or tended to endanger the safety, health, or life of any person?(and with whom.) Thank you for your attention to this matter. Very truly yours. even D. Kupferberg ATK CC: ONLY ONLY . THE. LAW OFFICES OF STEVEN D. KUPFERBERG ATTORNEYS h?l? LAW 5904 HUBEARD DRIVE ROCKVILLE. MARYLAND 20852 130" 231?9460 rm: Hal-9495 I: HAIL: CDH WEB-SHE: an:le u. nuprtnaz 743 MAIN s?rntr?l' rep?u-a?nc. manna:ch Apri UPPER MAHLHOFIO. MD 20772 VIA.E-MEIL TRANSMISSION: jketterman?frostburg.edu ONLY Jesse M. Ketterman Jr., Dean of Students Frostburg State University 116 Hitchins Building Cumberland, Maryland 21532 Re: Our Client I (means) Disciplinary Hearing: WitnessiExhibit Lists: Dear Dr. Ketterman: We would like to add the following character witnesses to our previous submission: 7' 4' (mexmnt) 5. We do not have copies of their character reference lettersr as of this date. We would appreciate your allowing us to supplement the record briefly with these reference letters as soon as they are received. I look forward to meating You at the Disciplinary Hearing C311 Jesse M. Ketterman Jr., Dean of Students Frostburg State University April 8, 2013 Page 2 If there is anything that we have not addressed. please contact me immediately. Very yours, St D. Kupferberg SDK:pfg cc: {bmm ONLY ONLY Wednesday,April10, 2013 4:33:49 PM ET Subject: activity Date: Wednesday, Aprii 10, 2013 4:08:19 PM ET From; (W5): (mine) To: Jesse Kettefman Trah?a'qi?Sean - - . (W5): (WHO) Customer Transaction History for (WW) Trans. Type Trans. Tra?s. Datemme Lecau'on P05 Name Page 1 efz Friday, April19, 2013 AM ET Subject: Follow-up Date: Friday, April 12, 2013 ?:46:50 PM ET From: Jesse Ketterrnan To: HOWE) I CC: Steven D. Kupferberg,Jesse Ketterman {bile}: (bit? i just want to make sure that you understand expectations that are in place until Dr. Bowling reviews this matter. You are to have no contact with either in person, written, verbal, or electronic. Should you see her, yOu are to walk away from her. As discussed Thursday morningthe portion of campus that is east of University Drive, unless you are walking directly to class and returning directly to University Drive. Given the gravity of this incident, you are also not to have cootact with (bil?i; (bilTlCi I (bil?i; either in person, written, verbal, or electronic. Should you see hese individuals on campus, you are to walk away from them. Please understand that your failure to Comply with these expectations will result in immediate removal from campus. if you have any questions, please let me know. Jesse M. Ketten'nan, Jr., Dean of Students 116 Hitchins Building Frostburg State University This email and any files transmitted with it are confidential and intended solely for the use of the individuai(s) to whom it is addressed. If you have received this email in error. please contact the sender. Any other use of this email is strictly prohibited. Page 1of1 i Thursday, April 11, 2013 8:47:05 AM ET Subject: Show Cause Hearing Date: Wednesday, April 10, 2013 5:04:01 PM ET From: Jesse Ketterman To: libii?i; (mine) I CC: Steven D. Kupferberg, Karen Treber. Jesse Ketterman {bii?li (bill I have received information that you were in the Lane University Center onl?ibiieli (mi-?Cl I {lays}; . Based on our conversation last Thursday, you were not to be in the building during those hours. Tomorrow, {Dime} in 115 Hitchins, I will be conducting a "Show Cause" hearing regarding this matter, Information regarding "Show Cause" hearings can be found on pg. 15 of the Policy Statements Booklet. You are invited to attend the hearing. At this hearing, I will determine if additional action is necessary as indicated in the Policy Statements Booklet. Jesse M. Ketterman, Dean of Students 115 Hitchins Building Frostburg State University This email and any tiles transmitted with it are coniidentiai and intended solely for the use of the individual(s) to whom it is addressed. It you have received this email in error, please contact the sender. Any other use oi this email is strictly prohibited. Page 1 of 1 Monday, June 10, "2013 10:46:1d AM Eastern Daylight Time Subject: Follow-up Date: Friday, April 12, 2013 7:45:50 PM Eastern Daylight Time From: Jesse Ketterman To: ibli?li I CC: Steven D. Kupferberg, Jesse Ketterman BCC: Tom Bowling, (bli?l; (mm ,Jeffrey Graham {pile}; (mm I just want to make sure that you understand expectations that are in place until Dr. Bowling reviews this matter. You are to have no Contact witheither in person, written, verbal, or electronic. Should you see her, you are to walk away from her. As discussed Thursday morningthe portion of campus that is east of University Drive, unless you are walking directly to class and returning directly to University Drive. Given the gravity of this incidEnt, you are also not to have contact with (biilil; (bliilcl I (bl?ili either in person, Written, verbal, or electronic. Should you see t1ese individuals on campus, you are to walk away from them. Please understand that your failure to comply with these expectations will result in immediate removal from campus. if you have any questions, please let me know. Jesse M. Ketterman, Jr., Dean of Students 116 Hitchins Building Frostburg State University This email and any files transmitted with it are confidential and intended solely for the use of the to whom it is addressed. If you have received this email in error. please contact the sender. Any other use of this email Page 1 of1 (blt?l; (WINE) Name of Person Referred:_ Address: FSU ED ll Judicial Administratorgc': 53 StudentPresent? Yes x/ No Hearing Date: [noident Date: hiitial Letter Date: Date ofEirlh: 54w Ce?r/ di? f, PLEA: 1. Academic Dishonesty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible 2. Computer Misuse and Dishonesty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible 3. Falsi?cation of Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible 4. improper Possession, UseIAbuse of Alcoholic Beverages . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible 5. Possession or use of Di.th Drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible 6. of the Rights ofOtbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible Disruptive Behavior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible 3, ConductNot Responsible 9. Violence to PersonsIthsicai or Verbal Assault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible 10. Theft, Destmetion andfor Abuse ofProperty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible 1. Possession or use of Weapons andIor EXplosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible 12. Violation of Campus Safety Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible l3. Hazing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Not Respomible 14. Entry of Restricted Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible l5. Ignoring or Refusing a Reasonable Request of Authorized University Personnel. . . . . Not Responsible to. Violation of Public Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible Misconduct of Registered Student Groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible l8. Off-Campus Student Behavior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible 19. Serious Criminal D?enses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible 20. Residence Hall Behavior: a. Fire Safety EquipmentNot Responsible b. Weapons, or other illegal contraband . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible a. Room Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible d. Fire Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible e. ALCOHOL {public areas, of age drinking in the presence of' a minor other than their roommate, kegs, alcohol brought in by a guestNot Responsible Use, possession auditor sale of drug andlor' drug paraphernalia . . . . . . . . . . . . . . . . . . . Not Responsible 3. Public Disturbances (excessive NOISE, snowball ?ghts, shaving cream battles etc.) . Not Responsible h. Refusing a Reasonable RequestNot Responsible I. Late EntranceIExit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible j. GuesWisitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible Smoking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible 1. Gambling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible m. Solicitation and unapproved sales in the residence halls . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible a. Residential Belongings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible o. Roofs/liVbtdows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible p. Pets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible q. Electrical EquipmentNot Responsible r. Air ConditionersJ'I-Ieaters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . Not Responsible- 5. Other Residence Hall Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not - mu ?le 2 l. Endangering the Health and Safety of Self or Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 22. Sexual Harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23. Sexual O?'enses: a. Sexual Misconduct Sexual Misconduct ll2.4. Harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25. Violating the Terms ofa Sanction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Re ible 26. NotResponsible 27. Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Responsible 23. NotResponsible 29. Event-Related MisconductNot Responsible . -- 5-1 in 1? vi .l-q . RESIDENCE LIFE OFFICE - RESIDENT JUDIQML SYSTEM - DISPOSITION OF HEARING if DECISION: Not Responsibi Not Responsibl Not Responsibl Not Responsth Not Responsibl Not Respomibl Not Responsibl Not Responsibl Not Responsibl Not Responsibl Not Responsibl Not Responsibl Not Responsiblr Not Responsibl- Not Responsibl: Not Responsibl: Not Responsibli Not Responsibli Not Responsibli Not Responsibl: Not Responsihl: Not Responsibli Not Responsibl: Not Responsible Not ResponSIblt Not Responsible Not Responsible Not Responsible Not Responsible Not Responsible Not Responsible Not Responsible Not Responsible Not Responsible Not Responsible Not Responsible Not Renponsible Not Responsible Not@% Hot Reopens: Is No No esponsi Not Not Responsibl: Not Responsible Not Responsiblt Not Responsible Not Responsibl: r- Date of Hearing: Page 2 Stutlent?s Name You are mood at DISCIPLINARY REPRMAND, a funnel wanting that further misconduct may result in more severe disciplinary action. You will be billed for your ALCOHOL FINE. The Business Of?ce will send the bill to your school address. {$25 1st) ($50 2nd) (5100 3rd] CIVIL CITATION a; You will be billed .1 for your JUDICLAL PROGRAMS FINE. The Business O?ice will send the bill to your school address. You are required to complete a ResLit?enet Module b? Additional instructions provided. You are required to submit a 2-3 page TYPED PAPER [double-spaced) on This needs to be turned in to by 4:30 [3.111. on date to be assigned by facilitator. A letter will be sent to your parents regarding your accouounnue violation. You are required to design a SIGNIBULLETIN BOARD by r' and display it no later than I I . This must be approved by You are required to complete hours of COMMUNITY SERVICE by . You must call X4122 or stop by Residence Life to make arrangements. You are required to sit hours of RA. DUTY in Hall, by . You are required to write an APOLOGY LETTER to by I and give letter and one Copy to 1_ You are required to meet with the ASSISTANT DIRECTOR by I I to make arrangements to MOVE. This meeting may be set up by going to the Residence Life Of?ce or by calling x4 [22. You are required to contact by and INTERVIEW them for information regarding: You are WARNED violations of guestivisitation policy may result in a PERSONA NON GRATA or suspension of privileges. Your PRIVILEGES have been suspended through I . w? You are issued a ransom non GRATA forbidding you to enter the following hallts}: was? MMEDIATELY and continues in effeot through it . This is in effect You are required to REMOVEIRETURN the following item(s) by t' You will be KILLED for restitution For . The Business Ot?ce will send the bill to your school address. You are strongly recommended to seek COUNSELING through the University Counseling Center in Sand Spring Hall. You may call x4234. 2_2" The Board has recommended to Mr. Dana A. Severance Director of Residence Life, that your HOUSING CONTRACT BE CANCELLED effective I . If this recommendation is not accepted, alteinate sanctions may be determined. . (if; You are placed on DISCIPLINARY PROBATION through it I . As stated in the Code of Stu Conduct booklet, a sanction or suspension or expulsion will be strongly recommended for any student who is responsible of?ciating the University Standards of Personal and Group Conduct while on disciplinary probation. 31 You are required to get random drug test: this semester and next semester at the Brady Health Services, at a cost to you of aproxirnately $75.00 per test You will be contacted by phone to report to Brady Health, you will need to pay $15.00 to cover EHC fee. You will then be billed an additional $60.00. A positive test result, a diluted test result or failure to complete any of these sanctions will result in an additional hearing which, if found responsible, will consider a reconunendation of suspension or expulsion. i or)! Lh?t?'i'a at?: . . 2_3 The Board has recommended SUSPENSION 'l 7 ett'ective I . [fsuspension is not upheld. sanctions may be adjusted as deemed necessary. 2' Other: an. . 'til?vTL CFFATION Noles 1 i? Friday, April19, 2013 ET Subject: April 18th Phone Call Date: Friday, April 19, 2013 9:14:05 AM ET From: To; {bii?x Hi I am glad that you are okay and that you are talking with Chief Smith. I have authored what I could recall about our phone call last night to provide as documentation of-iast night?s accounts. Because I was not there and I can?t fully explain all that you experienced, ANY details you can provide will be helpful to us. Thank you for continuing to reach out to me and keep me informed about your situation. Know that i am and always am available to you. BesL (bii?i; (bi?'iCi Page 1 of1 r-u OFFICE or THEVIEE PRESIBEMT me I 101 BRADIJDEK RUM) A P. I FROSTBURG.MD 21532-2303 301.683.4311 ?01.681493? {bll?li Dear (bll?l; {bl{?{Cl 1 have received information from University Police indicating that you have violated the expectations set forth in my email dated {Dita}; regarding contact with As a result, you are immediately suspended from Frosthurg State University. As stated in the Policy Statement Booklet on page 15, this is an interim action. You are entitled to schedule a ?show cause? hearing regarding this decision. You can request a "show cause" hearing by emailing me at jltettermaanrostburgedu. i am deeply concerned about your ability to comply with my requests. This is the third time you have violated my expectations regarding contact. These matters will be addressed as a violation of Policy 15, Ignoring or Refusing a Reasonable Request of Authorized University Personnel. Upon receipt of this letter, you are expected to leave campus immediately. If you are on campus without approval from my of?ce prior to the resolution of this matter. you will be arrested for trespassing. Sincerely, . 34/? esse M. Ketterma Dean of Students File STATE UNIVERSITY IS I INSTITUTHJH THE SYSTEM. OF MARHAHE April 19, 2013 Jesse M. Ketterman Jr., Dean of Students Frostburg State University Dear Dr. Ketterman, i received your email stating that violated the expectations set forth in your email dated April 12, 2013 regarding contact with {Dime} and that as a result I have been immediately suspended from Frostburg State University. This comes as a shock to me. I am respectfully requesting a ?show cause" hearing. I will also be (blt?cl Ito come to the show cause hearing with me as they were with me on the date of the alleged violation. Thank you Itbll?li Monday, June 10, 2013 11:38:59 AM Eastern Daylight Time Subject: RezRequest for Show Cause Hearing Date: Sunday, April 21, 2013 10:35:04 PM Eastern Daylight Time From: Jesse Ketterman To: Annie (Dime) CC: Karen Treber BCC: Torn Bowling,leffrey Graham (met (mm I am available on (W5): (WW3) to facilitate the "show cause" hearing in 116 if you would like to attend this meeting in person, please let me know so that I can make arrangements with University Police. If you prefer to facilitate this meeting over the phone, please Jesse M. Ketterman,.1r., Dean of Students 116 Hitchins Building Frostburg State University This email and any files transmitted with it are confidential and intended solely for the use at the individualts) to whom it is addressed. It you have received this email in error. please contact the sender. Any other use of this email is strictly prohibited. From: Annie Khirallah Date: Friday, April 19, 2013 4:50 PM To: Jesse Kette rman Cc: gfflanaolLom? Date: Monday, May 6, 2013 9:49 AM To: (bii?i; (mime) Cc: (bite); Smith Subject: Re: Hearing Noti?cation Please be aware the date on the Hearing Noti?cation Form is incorrect. The hearing date is (bii?i; not I will resend the Hearing Noti?cation form shortly. Jesse M. Ketterrnan, Jr., Dean of Students 116 Hitchins Building Frostburg State University This email and any files transmitted with it are confidential and Intended solely for the use of the individualist to whom it is addressed. If you have received this email in error, please contact the sender. Any other use of this email is strictly prohibited. From: Jesse Ketterman Date: Monday, May 6, 2013 9:13 AM To: (bits); (mine) I Cc: (bii?i; {biti?iCi Smith Subject: Hearing Notification (bii?i; Attached is the Hearing Notification Form and the Violation Report for the next hearing. Please let me know If you have any questions. Jesse M. Ketterman, Jr., Dean of Students 116 Hitchins Building Page 1 of2 Frostburg State University This email and any files transmitted with it are confidential an whom It is addressed. If you have received this email in error is strictly prohibited. intended solely for the use of the individualls) te . please contact the sender. Any other use at this email Page 2 of: 1th BRADDUCK ROAD 5 if ii 5 1 301.637.4933? STUDENT am:- stnvice HEARING NOTIFICATION Attached is a Violation Report. indicating you have been referred to the Student Conduct System. is YOUR NOTIFICATION OF THE The Violation Report. which contains a statement of the charges. including a description of the conduot Upon which the charges are based, and suggests the nature of evidence that will be presented against you. An explanation of each individual violation can be found in the Code of Student Conduct booklet andior Residence Hail Guide. if you have not met with me, you are encouraged to do so immediately. At the hearing you will be asked to plead "Responsible" or "Not Responsible" to each violation. You witl also be given the opportunity to present your statement regarding the incident. Should you be found responsible of any of the violations. 3 list of possible sanctions is provided in the Code of Student Conduct booklet. You also have the right to appeal the decision of the Hearing Paneli?Of?cer. Procedures and grounds for appeal are provided in the Code of Student Conduct booklet. Please call Sim-5614122 if you have any questions concerning this Hearing Noti?cation. Sincerely. na Severance actor of Residence Life cc: Student File Hearing Date a. Time: mime} Location ofHearing:116 Building - I ?5.25 Person Referring Case: Dr. Jesse Ketterrnan . - . - - . FIHSIIURC- [5 It EH iHl SHIEH Eli THE LAW OFFICES OF STEVEN D. KUPFERBERG ATTORNEYS AT LAW 5904 HUBBARD DRIVE aocxvnia MARYLAND 20852 [souespoaeo mx Don Eat-9465 EMAIL: HUFFLAWQAOL.CGM STEVEN D. i4 746 MAIN IN n.c. a MARYLAND May 3 2013 UPPER MAHLEGRO. MD 20773 I VIA E-MAIL TRANSMISSION: jketterman?frostburg.edu VIA FACSIMILE TRANSMISSION: Jesse M. Ketterman Jr., Dean of Students Frostburg State University Office of Student and Educational Services 116 Hitchins Building Cumberland, Maryland 21532 Re: Our Client/Your Student: Disciplinary Hearing furnmemmvm) Dear Dr. Ketterman: This letter is to request that the date of?mmum?m) hearing be continued until I can be oresent as his advisor. The hearing, currently scheduled for(mm?m?ml at 1:00 PM, is in conflict with a major trial that I will be in, in Prince George?s County, during the month of May. Based on the conversation you had with my associate, Anne Khirallah, it is our understanding that using Skype or other media to participate in the hearing from a convenient location is not a possibility. Jesse M. Ketterman Jr., Dean of Students Frostburg State University Office of Student and Educational Services May 8, 2013 Page 2 first availability to travel up to Frostburg with {mums would be If either of those dates is not satisfactory. please send a list of alternative dates. Thank you very much for your attention to this matter. Very truly yours, D. Kupferberg ATK Attachment cc (DRUG) ONLY liblilcl}; I From: Jesse Ketterman Sent: Thursday. May 09, 2013 9:48 AM To: ?mire; (more) (W5): (b I Cc: (blilicl I Subject: Panel Hearing Greetings, You are being lnli'KWmLEJmin?Lb?i?? on (bliTicl in 116 Hitchins building regarding an incident that occurred on {bll?l- ?33mm involving You may or may not have knowledge of all events. but your name was listed as being present at one of the events. It is Important for you to participate in order for the panel to develop an understanding of what occurred. Please let me know if you are able to participate or if you have any questions. Jesse M. Ketterrnan, Jr., Dean of Students 116 Hitchins Building Frostburg State University This email and any ?les transmitted with it are con?dential and Intended solely for the use of the individuai(s) to whom It is addressed. If you have received this email In error, please contact the sender. Any other use of this email is sbictly prohibited. (WW0) Jesse M. Kettertnan 11:. Dean of Students Frostburg State University Dear Dr. Kettennan. [received the hearing noti?cation dated (WW3) and in response I am pleading responsible to refusing a reasonable request as it relates only to having been in the Lane Center on (him)? after speci?ed hours of my restriction. We had agreed on (Dime) that I could only be in the Lane Center within certain hours but on II was present around 3:00 PM. which was outside our agreed upon time. It is my understanding that if I agree not to re-apply to Frostburg State University then no ftu'ther sanctions will be administered and there will be no ?nding on the alleged violation of Harassment that was also included in thehearing noti?cation. Based on this o?er by the University. I will not be rte-applying to Frosthurg State University. I appreciate your efforts in helping me deal with these matters. Thank you, {533(3) STUDENTMIDEDUCATIUNMSERUICES a - STATE UNIVERSITY FRUSTBUHGJID 21532-2303 DISPOSITION OF DISCIEIMIWJLEAEQM 301.68143I1 ?01.531493? Name of Person Referred: Conduct Administrator: Hearing Officer: NotApplicabie Panel Members: 1. Not Applicable 2. NotI-?ipplicable 3. 4-. Not Applicable Hearing Date: Incident Date: VIOLATIONS: Code ofStudent Conduct, Pages 2-10 PLEA: DECISION: 20h. Refusinga Reasonable Request Responsible Responsible 24. Harassment (no disposition on violation} SANCTIONS IMPOSED: 24. Student has agreed not to to Frostburg State University. To request an appeal, you must submit a letter to the Of?ce ofb?tudent and Educational Services. 116 Hitchins Building, within five days from the date ofthe hearing. Grounds for an appeal and information regarding the appeals process is stated in the Code of Student Conduct, page 2122. A tape of panel hearings, il'applicalile. will be kept on file for five days or until after the appeal, if it is g1" ?bril. cc: Student File . . Inistrator Date IHUSTBURG SUITE IE .1 (SIISTITUEPII IBISHHJIHJH IH IHI SHIVEIISIH STSIEUI 15F MATHAHD {fig?q STEVEN D. KUPFERBERG g: t. ATTORNEYS AT LAW 5904 HUIIARD muer KOCKVILLE. MARYLAND 2085? 231.9450 M: can; HTT FIJJKWEH EIRH.COM 3119;" a, MAIN 0.6.1. MARIN-AND May 15 I 2 0 1 3 UPFEFI HARLEM. Ma 20? ?2 I VIA.E-HEIL TRAHSHISSION: jkattatnan?frostburg.adu I i VIA FACSIHILE TRANSMISSION: 1(3011537-4937 Jesse M. Ketterman Jr.. Dean of Students Freethurg State University Office of Student and Educational Services 116 Hitchins Building Cumberland, Maryland 21532 Re: Our Client/Your Student: (wanna) Dinpoeition fremimwmeHC} Dear DI . Ketterman: I am writing this letter to, hopefully. clarify the dates on your written Die-osition of Disciplinary Hearing notice we received . The Disposition indicates an Incident Date of mnm;mHnC. letter to you . clearly indicates thatlm??lm? pied ?Responsible? for refuein a reasonable request on I. As you are aware, based on the former letter that provided admitting responsibility, he does not believe he violated a reasonable request but agreed that he did violate a reasonable requeet on mxemm?m) I Jesse M. Kaztaman Dean of Student: E'zosthurg State University office 0! Student and Educational Service: may 15, 2013 Page 2 This dlatinction may aeem insignificant to ycu: office. However. it is extremely important wand nu family. We believe that the way the Disposition o: Hearing is wxitten it '3 misleading as to what ("1'51 admitted to, particularly if someone in the future reviews this docum-nc. We ask you to make this mno: correction so that no one in the rucure may Chatacterizeadmisaicn of Responsibility to be an thi but what Outline in-- Laue: to you at . Once aqaxn, thank you fax your assistance in the Fast in (.th matter. Thank you very much for your attention to this matter. Vary years, an n. Kupierberg MK: snx: Attachment cc: my own! i ii Monday,I June 2013 12:03:41 PM Eastern Daylight Time Subject: Hearing Tomorrow Date: Wednesday, May 15, 2013 2:51:51 PM Eastern Daylight Time From: Jesse Ketterman To: CC: Tom Bowling The hearing scheduled (mac) was resoived administratively. ill no longer be eligible to return to Frostburg State University. If you have any questions or would like to meet with me to dlscuss the matter, please let me know. Jesse M. Ketterman, Jr.. PHD Dean of Students. Frostburg State University 301-531-4311 3 This email and any files with it are con?dential and intended solely for the use of the lndividuallsl to whom it Is addressed. If you have received this email in error, please contact the sender. Any other use of this email is strictly prohibited. Page 1 of 1 i i Thursday, May 16, 2013 11:50:29 AM Eastern Daylight Time Subject: Re:lib}i5li {Mimi I- Disposition from Date: Thursday, May 16, 2013 11:49:32 AM Eastern Daylight Time From: Jesse Ketterman To: Steven D. Kupferberg CC: Karen Treber, Jesse Ketterrnan Steve, Allow this correspondence to clarify the concerns you have regarding the disposition form. The incident date referred to on the disposition form only reflects how this Information was entered into our database as seen on the top of the violation report i sent regarding this matter and does not reflect what has plead responsible for. For clari?cation, I understand thatis only pleading responsible for refusing a reasonable request for the incidents on . This correspondence will be attached to the disposition form regarding this matter. ifyou have any further questions, please let me know. iesse M. Ketterman, Jr., Dean of Students, Frostburg State University 301-681-4311 This email and any ?ies transmitted with it are confidential and intended solely for the use of the individualis} to whom it is addressed. If you have received this email in error, please contact the sender. Any other use of this email is strictiy prohibited. - From: "Steven D. Kupferberg" ?cm: Date: Wednesday, May 15, 2013 3:53 PM To: Jesse Ketterman Disposition from Please ?nd attached: 1. My letter to you dated 2. Disposition of Disciplinary Hearing 3. Matter to you of (more) Steven D. Kupferberg. Esq. The Law Of?ces of Steven D. Kupferberg 5904 Hubbard Drive Rockvilie, Maryland 20852 {301 )231-9430 of?ce (301)331-9465 fax kufflaw@ggl gem - . . Page 1 of2 Copies of all records and correspondence from January 1, 2013 to the present concerning any complaint that the Complainant was sexually assaulted, harassed or subjected to a hostile environment on the basis of sex, including but not limited to: Any complaint forms, appeals, andfor a description of any verbal complaints made by the Complainant or her representative See Attached Copies of documented interviews with witnesses. There are no interviews with witnesses other than a meeting at which witnesses were invited by Dr. Ketterman so that he could inform them ofthe policies and hearing procedures and their role in appearing as witnesses. Upon review ofthe charging document presented to Dr. Ketterman on March there was enough information to forward the matter for resolution by a disciplinary panel. On March 29?h (break in time due to Spring break), Dr. Ketterman invited four witnesses listed in the charging document to meet with him to discuss their role in participating in the disciplinary process. Dr. Ketterman met with the four witnesses for this purpose between 4flfl3-4f9/l 3. The University disciplinary process does not require interview of the witnesses by University staffif the facts are clear and a panel hearing is warranted. Witnesses appear at the panel hearing on behalf of one party or the other. Both ?0317(0) and (bit?FTC} were provided an opportunity to present additional witnesses in an email to both parties on March 29 . Documents obtained during the course of any investigation. The parties are permitted to tile certain documents which are attached. A police report is also attached. There were no additional documents obtained. The charging document provided by universit olice provided adequate detail to refer the matter to a panel hearing. On both (bltitC) and (WOW) I were provided an opportunity to provide an additional written statement that would become a part ofthe referrin document reviewed by the panel prior to the beginning ofthe hearing. provided an additional statement. did not. The results of the investigation, including a copy of any investigative report The police report is attached. Based upon the charging document, there was enough information to forward it to a panel hearing. There were no additional investigative reports as neither party denied the basic facts of the case. c. A description of how the University notified the Complainant of the results of the investigation See attached email to Complainant dated with attached disposition letter. Both students were also present at the hearing when the outcome was shared with all parties involved. f. A description ofany remedial actions, including interim measures, taken by the University to address the effects of the sexual assault was assigned a support person at the University, (biota) (bio Igave her cell phone number and told that she was available 24f? to talk with her, was also given information on contacting the University?s Counseling Center and was encouraged to do so. also had already contacted the Itblt?l; (mote) lfor outside support. in addition, she was in contact with the Itblt?li (WW3) regarding the criminal charges. *Please note: The University is also providing OCR with copies ot? all documents related to the complaint by (WEI {Wile} This includes both the initial complaint by {blt?li (bititcl as well as subsequent complaints related to alleged harassment by {bliilcl The documents also include correSpondence both to and from HUME): (blt7tCl as well as his attorney, Mr. Kupl'erberg. Monday, June 10, 2013 10:36:09 AM Eastern Daylight Time (bilTiC) lAppeaI of the Disciplinary Hearing and Findings Date: Friday, April 19, 2013 11:45:54 AM Eastern Daylight Time From: Steven D. Kupferberg To: Jesse Ketterman Please find attached my letter to you dated along with the formal written Appeal required under your Rules and Procedures. Steven D. Kupferberg, Esq. The Law Offices of Steven D. Kupferberg 5904 Hubbard Drive Rockville, Maryland 20352 (301)231-9480 office (301)831-9455 fax Ruff] etc the Confidentialig Ngtige Warning; This e-mail transmission contains confidential information belonging to the sender which is legally privileged. This information is intended only for the use of the individual or entity named above. if you are not the intended recipient. you are noti?ed that any disclosure copying, distribution or action in reliance upon the contents of the information transmitted is strictly prohibited. if you received this e-mail in error. please noti?y us by return e- mail immediately to arrange for the return of the email information to us. and delete all copies from your system. 537 Page 1 of 1. THE LAW OFHces 0F STEVEN D. KUPFERBERG ATTORNEYS AT LAW 5904 HUBBARD DRIVE ROCKVILLE. MARYLAND 20852 :30? asI-s4so Pu BEN-1465 h? E-MAIL HUFFLAWOAOL.CDH u. Iii-3'45 MAIN STHEIT 3? m: a MARYLAND 30 72 April 19, 2013 VIA TRANSMISSION: VIA EACSIMILE TRANSMISSION: Jesse M. Ketterman Jr., Dean of Students Frostburg State University Office of Student and Educational Services 116 Hitchins Building Cumberland, Maryland 21532 Re: Our ClientXYour Student: Inna}; (wine) I Appeal from the Frostburg State University Disciplinary Hearing of m?mim?ml I and the Disposition Findings of the Judicial Hearing Dated (We) Dear Dr. Ketterman: Pursuant to our discussions with your office, we have attached for e?mail transmission and for facsimile transmission oflm?mlm?m} ltimely ?Appeal? noted above. If you perceive any problem, whatsoever, with the transmissions of this appeal, please contact us immediately. Jesse M. Ketterman Jr., Dean of Students Frostburg Office of State University Student and Educational Services April Page 2 19, SDK:pfg Attachment 2013 again, thank you very much for your continued and cooperation with this etfiee and mnemm?m) . Very truly yours, -- . - - [Stevenwad?upferberg CC: ONLE ONLY 75) APPEAL FROM THE FROSTBURG STATE UNIVERSITY DISCIPLINARI HEARING I AND THE DISPOSITION FINDINGS or THE JUDICIAL HEARING Statement of the Case lwas charged by the University with the following charges as a result of an incident which was alleged to have occurred on Imimi?wnm I off campus at 1 21 Endangering the Health and Safety of SelffOthers 2 23a Sexual Misconduct I 3 238 Sexual Misconduct II The Hearing Notification states that m??im?ml Iis the victim. The Hearing Notification, additionally, lists the witnesses: .- The Hearing Notification indicates Circumstances Relating to Incident. On melw?nc) I the Office of Student and Educational Services was informed of the criminal summons regarding one;ohn Upon review of the statement of charges narrative. there was information to indicate a possible violation of University Policy. On land were given an Opportunity to provide an additional statement. Attached with this referral is a statement provided by ?meiw?ncl land the Statement of Charges. On Fridaylm?mlm?m? ImemenC} Iwas found to be responsible on all three referred counts. lessens) is appealing the findings of responsibility based on the following appellate issues. 1. New and significant information became available which could not have been discovered before or during the original Hearing. 2. Various procedural errors occurred throughout the Hearing and disposition phases that did not adhere to Frostburg State University policy. lprovided the attached statement dated s-h 7c which was made part of the record. Although t: 6' may have been givenan opportunity to offer a statement. no statement from Whales ever provided to 6' 6' for use at the Hearing. (WW3) 25 (6 (M053) 74. ?77 (@963 7? (W51 7? .L .1 ?300(0) Conclusion New and significant pertinent evidence became known and unavailable continuing thereafter at the Hearing. Email counsel had requested this information, but was unable to produce the former at the Disciplinary Hearing, since he was not aware of its existence combined 2with the failure of HWEIWHNE) Ito appear to testify, as he was listed as a witneSS. melm?ncl I therefore, was not able to question the accuracy of the statements made by nmexennc) I let the Hearing in question by the purposeful absence of mmemm?m} lat the Hearing without his file which contained witness statements, medical recordsr etc., all of which were relevant to a fair and just Hearing on the issues in question. 9.701 Furthermore, the noted procedural errors and errors in interpretation of university regulations were so substantial as to effectively Ia fair hearing. In the alternative to granting a new hearing where the newly found evidence can be presented and the procedures will be followed, mnmim?m) is requesting that an alternative sanction be considered. is requesting the opportunity to complete the semester and his final examinations in any way possible, in light of the fact that the spring semester will be complete mid- just days from the Disciplinary Hearing. would abide by the current ?Stay Away? Order imposed by Dr. Ketterman and would even take his examinations online, if necessary to satisfy the intent of the suspension for the fall semester, 2013. Sanction Q??would allow for appropriate sanctions other than those that had been enumerated. President Gibraltar has stated ?The primary purpose of Frostburg's Code of Student Conduct is educational? and that it would be very unwise to use any kind of ?formula? in deciding on sanctions. Sanctions other than those described abOve may be imposed for violations of these standards according to the judgment of the Student Conduct Administrators and, where applicable, the appropriate vice president. For examples In response to other violations, the hearing board may impose constructive work assignments, community service, educational conferences, referral to educational programs, fines, or other appropriate sanctions. An immediate Suspension on a date just before the completion of the spring semester should be considered an overreaching and patently unfairfunjUst penalty which could be easily modified to allow ?brooms Ito complete the semester with certain conditions. melm?ncl Iunderstands and appreciates the seriousness of the offenses which the Panel has deemed him to be responsible. (mmlm?ncl Iunderstands (msxotnch desire not to encounter him at any point in time during his completion of the course work for the spring semester he is currently attending. Although desires to finish his education at Frostburg State University, he asks that, if that cannot be accomplished, he be permitted with the permission of his professors to virtually complete his classes online or take exams or turn in projects that would fulfill his course requirements while at the same time respecting the decision the University has made in its Disposition of Judicial Hearing. On the short notice of the Panel?s decision, has already attempted to reach out to his professors asking what, if anything, he could do to finish his class work in spite of the fact that he is prohibited from attending in person.? Some of the professors have indicated they would be willing to 2' - '5 Currently taking (DENC) I ?momma: work with W?mim?m? if he can provide documentation for the reason why he can no longer attend classes in person. These professors also are requiring explanation as to how the other professors would be handling this matter. is willing to do whatever he can to simply complete the courses he has been focused on all semester and avoid any further complications at is requesting that, in the alternative to the sanction of an immediate suspension, the University with some documentation he can provide to his professors explaining why he may no longer attend classes in person and further that has permission to work with his professors to complete any pending and future assignments, as well as submit andfor attend a final examination when applicable. Thank you for your attention to this matter. Respeotfully submitted, I I If? )6 tot scanners scan 5 A I teammates 21532-2303 301 ?31431] 301.63?.493? OFFICEDFTHEWCE PRESIDENT FDR n. STUDENTAND EDUCATIONAL SERVICES April 25, 2013 {Dita}; {bllT'lC} (blt?l; (bit? Dear I received on April 19?'1 your request for an appeal of the decision made by the student conduct hearing panel on (bile); {bili?tCl In your request for an appeal, you argue that there is ?new and previously undisclosed evidence? that should result in the granting of an appeal. You indicate that a ?blood test at Western Maryland Regional Health System performed on September 27, 2013, at approximately 1 1:20 am. showed a 0.00 blood alcohol level in system.? First ot?all. i am assuming that you meant that this test was performed on rather than September. Since this test was performed at least ten hours after the approximate time ot?the incident, I do not view this as signi?cant information. Your other concern in this area centers on the testimony lat the preliminary hearing held in the District Court of Allegany County, and the reference he made to a police report by the Frostburg City Police Department. Although every effort is made to provide students who are charged with violating the Code of Conduct with a list of potential witnesses, the University does not have the authority to compel the testimony of witnesses. It is not unusual for those involved in prosecuting a criminal case to choose to not testify at campus disciplinary hearings. in summary. the results of the test of (WW3) blood alcohol level, the absence of the reports referenced by (Wall and the fact that he did not appear at the hearing do not constitute ?new and significant information.? In your request for an appeal you address concerns about procedural errors. Your ?rst concern addresses the composition ofthe panel and the fact that no undergraduate students were included among the members of the panel. As indicated on p. 16 of the 2012-13 Policy Statements :5 A [Clif'iu'lTllil'il (if booklet, ?The campus hearing panel is composed of a campus hearing of?cer and 2-4 other persons. . . .. The other persons on the hearing panel will serve on a rotating basis from a pool composed of students, faculty members and administrators.? There is no requirement to have a representative from each of these groups. is graduate student. In addition, the available pool ofstudents was severely reduced as a result of our complying with the request you made to Dr. Ketterman (dated April 51") to exclude 19 students, most ot?whom are undergraduates, from the pool of potential panel members for this case. You also raise concerns about perceptions of bias and the intimidation of witnesses. You indicate that, may have had a bias in favor of the complainant, 515. was well-known in the University ?331mm You base this belief on what you perceived to be methods that were adversarial, accusatory, harassing and intimidating, but there is no evidence ot?such bias presented in your appeal. As you point out, when your advisor raised a concern about the level of tension in the room, Dr. Ketterman reSpOnded affirmatively to his request for a time-out. in addition, you had questions about statements of witnesses, and the fact thatdid not provide such a statement, implying that she was expected or required to do so. That is not the case. As p. 18 (Policy Statements) indicates ?The hearing will provide the student(s} charged and the person(s) making the referral with an opportunity to present testimony and witnesses witness statements on their own behalf.? You had the opportunity to ask questions of the witnesses who provided testimony at the hearing. Although, as you indicate, you did provide a witness statement in advance of the hearing, there was no requirement for you to do so. 1n his email sent to you on March 29, 2013, Dr. Ketterman ?invited you to submit a written statement.? The same invitation was sent to Again, there was no requirement for you or anyone attending the hearing to provide a written statement. You also expressed concerns about how the panel addressed issues of credibility and memory, expressing the beliel'that they were being ?intentionally avoided" in order that Iibll?li (bililcl [would not have to accept any responsibility for their actions. First otiall, the University plans to address the issue ot'those who were responsible for providing alcohol to minors. It would have been counterproductive and a source of distraction to do so in the context of this hearing, at which the panel was making a decision about sexual misconduct, and other violations of the University Standards of Personal and Group Conduct. You also addressed the panel?s failure ?to ask the critical question; which was true: the video footage or the accounts ofbehavior toward libli?ii (Dime) Ion the day in question in her testimony at the Hearing.? The fact that there were no follow-up questions is a function of two things, I believe: (I) the video footage at the liquor store spoke for itself, and no further questions were necessary; and (2) while it may have presented evidence that was being, as you termed. ?amorous? with you at the liquor store, it did not provide any indication thatwas consenting to having sexual intercourse with you later that evening. There was a considerable amount of testimony that was deemed to be repetitious or irrelevant, which may be excluded by the Student Conduct Administrator. (p.19, 201243 Policy Statements. Furthermore, the fact that the panel did not askabout the difference between her behavior displayed on the video footage from the liquor store and her earlier description of her behavior with you does not mean the panel did not take note of it. Finally, there was nothing to prevent you, {bit from asking questions or making a statement regarding this. In addition, you expressed concerns about what occurred during the sanctioning phase of the hearing. You accurately indicate that this is a time for the panel to focus on statements regarding the impact of the violation, in addition to being a time for character statements to be made in behalf of the student who has been found. reSponsible for violating the Code of Conduct. It is not surprising that in reading excerpts from herjoumal,would blur the boundaries between the impact ofthe incident and the incident itself. Additionally, in accordance with our procedures, you were provided the last opportunity to address the panel before they deliberated on the sanction. in summary, the instances of what you cite as procedural errors are not substantive and therefore did not deny you a fair hearing, in accordance with our hearing procedures. Finally, you requested an alternative sanction to be imposed that would enable you to complete your course work this semester. Given the serious nature ofthe violations t?or which the panel found you responsible, the recommendation made by the panel that you be suspended, effective immediately, is accepted. Grades of {a non-punitive grade that has no adverse impact on your grade point average) will be administratively assigned for the courses in which you are currently enrolled. Your suspension from the University extends through the Fall 2013 semester; you will be eligible to apply for re-admission to the University for the Spring 2014 semester. Sincerely, Mai/?7 Thomas L. Bowling Vice President for Student and Educational Services UFTHEVICE PRESIDENTFUR I STUDENTAND EDUEATIGNAL SERVICES 101 READ STA TE 5 301.63?.4311 April 26, 2013 (bltl'lCl I have reviewed your request for an appeal ofthe decision made by the hearing panel on April 12, 2013, and the supporting letters from your parents and from (bll?l; {Dime} There is apparently a misunderstanding regarding the extent of my authority in responding to a recommendation made by a hearing panel to suspend a student from the University. I can either accept the recommendation, which results in my af?rming the panel?s decision, or I have the Option of not accepting the recommendation for suspension. If I do the latter, i then have the opportunity to provide alternative sanctions which reduce the sanction imposed by the panel. My authority in this regard is parallel to that of appellate boards. Their authority is described in the 20i2?t3 Poiicy Statements booklet as follows on p. 22: Appellate panels may: a. A?irm the?nding and the sanction imposeal by the original panel. a A?irm the finding and reduce. that not eliminate, the. sanction. e. Refer the ease to a new student conduct panei. Dismiss the case. Cases may be dismissed oniy 0? the ?nding is held to be arbitrary and capricious. I would also like to respond to your concerns about the fact that, after the hearing, Dr. Ketterman Spoke to ll'amily before speaking with you. understand how this must have felt to you and your parents. This case, since it took place in two different rooms, utilized two conduct administrators Dr. and At the conclusion of the hearing, since Dr. Ketterntan was in the conference room with the party, he proceeded into the area that others in his group were present to outline the sanctions imposed by the panel. (blt?l; who was in the room with you, met with your parents to do the same. At no time was there SIATE IS in OF ME SHEEN CH MARHAHU 5/4 intent to show preference to one party or the other. I understand, however, the perceptions that were created by this since Dr. Ketterrnan is the senior conduct of?cer. in addition, I want to make certain that you are aware that ?330(6) sanction is such that he is not receiving any credit for coursework in which he was enrolled this semester. Finally, I feel that it is very important for you to understand that {blt?li is only eligible to apply for re-admission for the Spring 2014 semester. After carefully reviewing the requests for appeals, I do not ?nd evidence of either of the grounds for an appeal, as outlined on p. 2] of the Policy Statements booklet, ?Specified procedural errors. . or ?new and signi?cant information. . I look forward to the opportunity to respond to any questions or concerns you may have regarding this matter. Sincerely, Thomas L. Bowling Vice President for Student and Educational Services mg \3 THE LAW OFFICES OF STEVEN D. KUPFERBERG ATTORNEYS AT LAW 5904 HUBBARD DRIVE RQCIVILLE, MARYLAND 20352 (30? ass-ease mt isou eel-9465 E-MAIL: KUFFLAWOAOL.CDH WEBSITE: HTTP2HKUPPERBEHG.CI5M ETEVEN D. Mil-16 MAIN STREET in etc. 5. MJIRYLAND October 15 I 2 0 3 UPPER MAHLBORD. MD 20773 VIA TRANSMISSION: jketteman@frostburg.edu ONLY Jesse M. Ketterman Jr., Dean of Students Frostburg State University 116 Hitchins Building Cumberland, Maryland 21532 Re; (moraine) Dear Dr. Ketterman: This matter has been resolved and, therefore, your attendance at any Hearing or Trial is no longer necessary. After discovery was finally provided by the State and we located many witnesses who were present at the apartment on the evening in question and who were not interviewed by the Police Department, many of whom who'eontradicted description of her sobriety, or lack thereof as well as a review of the forensic evaluation by BANE: nurse with Western Maryland Health System, which showed no evidence of trauma.1 Significantly, the Western Maryland Health System 1 The State intends to call (DEE): (WW3) in the State's Case In Chiefas an expert in Forensic Examinations and Identi?cation of Injuries causation related to Sexual Assault and Abuse. She will testify that she performed a Forensic examination onon Ilbll?l; (DHNC) I She ?Wall {male} She also took photographs ofhich appear to be alibll?li (WHO) She will testify that she did not see any physical injury to the alleged victim . . . SUPPLEMENTAL dated June 23, 203.] 93 Jesse M. Ketterman Jr., Dean of Students Frostburg State University October 15, 2013 Page 2 report authored by mxmim?m} showed the alleged bruise on Hmerenac) Idesoribed by her at the Expulsion Hearing to be al?blt?k?bmm 1. also known (tame) This case resolved by the State and the defense without conviction, pursuant to Probation before Judgment, unsupervised probation and expungement after six lentered a plea pursuant to North Carolina v. Alford, which allows the Defendant to enter a plea without admitting the facts presented at the Plea Hearing by the State. I have attached a copy of the Binding Plea Agreement for your review. As I stated to you previously, I believe that there was more than a rush to judgment by the University in the expulsion of from the University. A review of these procedures and the rules of the Hearing by the University is required so that no other unfortunate student would be shown the lack of due process . Unfortunately, we cannot undo the damage to onemmvp) reputation or the economic damage caused by his expulsion from Frostburg. Additionally, the alcohol education programs at Frostburg appear to be woefully inadequate. %1 Jesse M. Ketterman Jr., Dean of Students Frostburg State University October 15, 2013 Page 3 Thank you for taking the time from your schedule in anticipation of this matter. If you have any questions concerning this matter, pleaae do not hesitate to contact me. Very truly yours. Steven 5-2?1?er fe rberg" SDK:pfg CC: mnemm?m) ONLY ONLY BINDING PLEA AGREEMENT Pursuant to Maryland Rule 4-243 (W003) THE LAW OFFICES OF STEVEN D. KUPFERBERG ATTORNEYs AT Law 5904 HUBBARD DRIVE ROCKVELLE, MARYLAND 20852 not :30? 354?9455 WEBSITE: HTTP HKUPFEHBEHG can STEVEN L4746 MAIN mop-1:17am in Dc. MARYLAND UPPER MD 20??2 March 28, 2013 vm E- tour. TRANSMISSION: (?Hallibmm USES): (W003) Re: (mw?m?w) Dear we; {mine} I have been retained to representlm?mim??) lin the aboveHreferenced matter. Based upon the Statement of Charges, it is my understanding that you are the primary investigator. I would like an opportunity to speak with you at your earliest convenience. Yesterday I left a message for you on your voicemail, but I have not heard back from you. In any event, I would appreciate a copy of: 1. My client's recorded statement given to you on or aboutlm?mlm?m} I and any transcript of that conversation. If no recording exist, I would appreciate any notes you might have of this statement. March 28, Page 2 2013 I would also appreciate a copy of any recording you might have of any controlled telephone conversation between my client and m?mim??d If no recording exist, I would appreciate any notes you might have of this telephone conversation. I would appreciate a copy omemxm?nc) I recorded statement to you concerning the event in question. If no recording exist, I would a-oreciate any written statement given by WNW: (WWIWHV and any notes of such statement. I would appreciate a copy I recorded statement to you concerning the event in question. If no recording exist, I would areciate any written statement given by cwermrr and any notes of such statement. I would appreciate a copy ofImnemem) I recorded statement to you concerning the event in question. If no recording exist, I would areciate any written statement given by . m?mim?n and any notes of such statement. I would appreciate a copy of?meimnnc) recorded statement to you concerning the event in question. If no recording exist, I would areciate any written statement given by and any notes of such statement. March 23, Page 3 2013 I would appreciate a cepy of Irecorded statement to you concerning the event in question. If no recording exist, I would appreciate any written statement given bylm?mim?w} I and any notes of such statement. of the reports of I in whichlw?mlm?m) I participated in a sexual assault examination under the name of ?Jane Doe." I would also appreciate a copv I would appreciate an opportunity to view, copy and photograph any physical evidence the State intends to use at Trial. I will be in Cumberland land, hopefully, we can accomplish this viewing, either at the Courthouse, or at any location convenient to you on that morning/afternoon. cost March 28, 2013 Page 4 Once again, please cell me so we might discuss logistics and the case in general, if you are willing to do so. Very truly yours, Steven D. Kupferberg SDK:pfg cc: m?x ONLY ONLY ONLY QQPY DISTRICT COURT on MARYLAND son Atlcsany Counts LGCATED AT {count CA 31:5: 123 South Liberty Street, 2nd Floor tbti?i'?w Cumberland. Maryland 21502-3005 COWLAINANT DEFENDANT (blt?l; {blotch (blt?li (DRUG) gently". Shh-m. Ind LEI. I (Of?cer Only] Driver?s License# Itblt?l; I Sex 31% other_ 110.3 Itblt?lilblli' I ID APPLICATION FOR STATEMENT OF CHARGES Page I of l. the undersigned, apply for statement'ofchaiges and a summons or warrant which may lead to the arrest ofthe above named Defendant because on or about libii?ii at ?Wm; (Dime) I Conny: the above named Defendant *"See 3? (bill'lCl mtmutru causal: In: let-um H. I (Continued on attached :2 pagch solemnly af?rm under the penalties of perjury that the contents of this Application are true to the best ofmy knowledge, informatio {way mine) (total; ?at: "12qu hat/e read or had read to me and i understand the Notice on the back ofthis form. um Eats}; (bit? (mote) (mm) .. day of 'l?ime: i 4 chummissionBr/i - Subscribed and sworn to before me this i 1 -- in? idlilt I understand that a charging doc ent ill be issued ant. thatl must-appc' on trial-Eryn at Tl hen noti?ed by the Clerk, at the Court location shown at the top otgthis form. 34 have advised applicant ofshielding right. plieant declines shielding. I declined to issu hergin? document been of leek of probable 1:211:37 1 i?w-u?u Fm sown . t. Liner ee- . J, . (bill'lCl I (Rev. 132006] Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Confirm Policy Last Name First Name Initial Department Version Score Date Read (mine) Faculty 93% 5f4i2013 yes Faculty 93% 5i10f201 3 yes Non-Supervisory 93% 5115/2013 yes Non-Supervisory 30% 5t1?f2013 yes Non~8upervisory 93% 5232013 yes Faculty 93% 5f24i'2013 yes Student 85% 5i'31i?201 3 yes Faculty 100% 4i8i2013 yes Non?Sup ervisory 93% 4f23f2013 yes Faculty 100% 3l22f2013 yes Non-Supervisory 86% 323/2013 yes Non?Supervisory 35% 3/2912013 yes Student 93% 214102013 yes Faculty 86% 2l10f2013 yes f, Faculty 80% 2120:2013 yes Faculty 93% 2i24i2013 yes Supervisory 100% 2252013 yes Faculty 100% 1302012 yes Supervisory 80% 12152012 yes Faculty 80% 12502012 yes Faculty 100% 12f5f2012 yes Faculty 85% 12l13f2012 yes Non-Supervisory 93% 1211402012 yes Supervisory 100% 1152012 yes Non-Supervisory 86% 11i8f2012 yes Non-Supervisory 93% 11l1912012 yes New Media Learning, LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 201 0 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read {131(0): {1310(0) Non~Superyisory 00% 1112612012 yes Student 60% 101112012 yes Faculty 100% 101112012 yes Refresher Non-supervisory 100% 101212012 yes Refresher Student Employee 100% 101212012 yes Student 93% 101212012 yes Non-Supervisory 100% 101312012 yes Non-Supervisory 100% 101312012 yes Non-S upervisory 66 101312012 yes Non-Supervisory 86% 1 01312012 yes Non-Supervisory 60% 101312012 yes Faculty 30% 101312012 yes Student 86% 101412012 yes Non-Supervisory 66% 101612012 yes Non-Supervisory 1 00% 1 01612012 yes Student 66% 1011512012 yes Faculty 86% 1011512012 yes Non-Supervisory 66% 1011512012 yes Non-Supervisory 93% 1011512012 yes Refresher Supervisory 90% 1011612012 yes Student 60% 1011612012 yes Supervisory 100% 10117112012 yes Faculty 100% 1012612012 yes Faculty 80% 1012612012 yes Faculty 93% 1013012012 yes Non-Supervisory 93% 911012012 yes New Media Learning, LLC Preventing Sexuat Harassment Last Name First Name initial Frostburg State University Preventing Sexual Harassment Mastery Tes Results September 2010 throught October 15, 2013 Department {me?mtim New Media Learning, LLC Preventing Sexua i Harassment Con?rm Policy Version Score Date Read Student 93% 9J11f2012 yes Non?Supervisory 100% 911012012 yes Non~Supervisory 100% 99412012 yes Faculty 93% 912802012 yes Faculty 88% 81512012 yes Faculty 100% 811 512012 yes Faouity 80% 8116:0012 yes Faculty 86% 8117,9012 yes Faculty 93% SH 9112012 yes Student 93% 8123t2012 yes Student 93% 8123:2012 yes Student 80% 8123132012 yes Student 86% 8123;2012 yes Student 100% 812412012 yes Student 100% 812412012 yes Student 93% 81?241?20 1 2 yes Facuity 93% 812712012 yes SupervisOry 93% 813112012 yes Non-Supervisory 80% i?i2i2012 yes Supervisory 93% 1?19t201 2 yes Non-Supervisory 93% 7?1?10/2012 yes Student 86% 32012012 yes Non-Supervisory 93% 7'124t2012 yes Facuity 100% i?i2612012 yes Faculty 85% it30f2012 yes Supervisory 93% 51912012 yes rostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15. 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read (bye); Non-Supervisory 93% 511912012 yes acuity 93% 512812012 yes Non-Supervisory 80% 411212012 yes Faculty 100 411812012 yes Faculty 00% 31612012 yes Non-Supervisory 93% 312112012 yes Student 100% 312312012 yes Non-Supervisory 80% 21812012 yes Non-Supervisory 100% 211312012 yes Student 86% 212412012 yes Student 86% 212512012 yes Faculty 93 212912012 yes Faculty 93% 11012012 yes Supervisory 00% 111012012 yes Faculty 100% 111412012 yes Supervisory 80% 111812012 yes Non-Supervisory 100% 111912012 yes Faculty 100% 112412012 yes Faculty 100 112812012 yes Faculty 93% 113112012 yes Student 93% 1211912011 yes Non-Supervisory 100% 1212112011 yes Non-Supervisory 93% 1 11212011 yes Faculty 93% 1111812011 yes Faculty 93% 1111812011 yes Non-Supervisory 100% 1112912011 yes New Media Learning. LLC . - Preventing Sexual Harassment Frestburg State University Preventing Sexual Harassment Mastery Test Results September 2010 threught October 15, 2013 Confirm Policy Last Name First Name Initial Department Version Score Date Read (bn?xmj?m Non-Supervisory 30% 1113012011 yes 00% 10171201 1 yes Non-Supervisory 86% 1011012011 yes Faculty 100% 1011312011 yes Student 100% 1011912011 yes Student 03% 1012412011 yes Student 80% 01112011 yes Student 80% 01112011 yes Nen~8upervisery 93% 9111201 1 yes Non-Supervisory 85% 01112011 yes Non?Supervisory 100% 9111201 1 yes Faculty 93% 91112011 yes {refresher Student Employee 55% 0111201 1 yes Faculty 93% 9111201 1 yes a Refresher Non?supervisory 90% 0121201 1 yes yd Faculty 100% 01212011 yes Student 100% 01512011 yes Non-Supervisory 93% 9101201 1 yes NomSupervisery 36% 91612011 yes Supervisory 93% 9161201 1 yes Supervisory 100% 9161201 1 yes Faculty 85% 0161201 1 yes Student 86% 9181201 1 yes Non-Supervisory 86% 911212011 yes Faculty 80% 91151201 1 yes Student 85% 91191201 1 yes New Media Learning, LLC Preventing Sexual Harassment .1. - Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 threught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read Student 88% 8i11f201 1 yes Student 93% 8i12f2011 yes Faculty 93% 8M 312011 yes Student 100% 8f1?f2011 yes Faculty 85% 8i1?201 1 yes Nen~Superyisory 88% 8f19!201 1 yes Faculty 86% 81201201 1 yes Non-Supervisory 93% 8i22r'201 1 yes Non-Supervisory 93% 8i22f20?l1 yes Faculty 100% 8i22i2011 yes Non?Supervisory 100% 8i23i2011 yes Non-Superyisery 100% 8l?23i?201 1 yes Non-Supervisory 100% 81230201 1 yes Non-Supervisory 100% 8f24f201 1 yes Non-Supervisory 93% 812412011 yes Faculty 85% 8.1241201 1 yes Faculty 93% 8/242?201 1 yes Refresher Faculty 85% 8i25i2011 yes Faculty 100% 8l28i201 1 yes Faculty 100% 8i26l20?l 1 yes Non-Supervisory 80% 81302011 yes Non-Supervisory 88% 8i30f2011 yes Non-Supervisory 93% 8i31i2011 yes Non?Supervisory 86% 81812011 yes Non-Supervisory 80% 8i31l2011 yes Faculty 86% 7i14i2011 yes New Media Learning. LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read (WHO) Supervisory 93% 702112011 yes Student 93% 4l9l2011 yes Student 86% 4IQI201 1 yes Faculty 93% 4l20l201 1 yes Faculty 100% 4l26l201 1 yes Non-Supervisory 100% 31' F201 1 yes Faculty 86% 1171'2011 yes Faculty 85% 1l10l2011 yes Faculty 100% 1f10l2011 yes Faculty 93% 1l10l201 1 yes Non?Supervisory 86% 11"! 01'2011 yes Non-Supervisory 86% 1l26l201 1 yes SupervisOry 80% 12812201 1 yes Faculty 86% 1l29l2011 yes Faculty 93% 12l?l2010 yes Faculty 100% 12l16f2010 yes Faculty 80 11l?l2010 yes Faculty 100% 111072010 yes Faculty 93% 11l8l2010 yes Faculty 80% 1 110,12010 yes Faculty 80% 11/9l2010 yes Non-Supervisory 100% 111301?2010 yes Refresher Faculty 90% 91312010 yes Faculty 86% Ql'3l2010 yes Non~Superyisory 100% 9012010 yes Non-Supervisory 100% Ell-32010 yes New Media Learning, LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read (??inging Non~Supervisory 100% 9f20f2010 yes Faculty 88% 9f23f201 0 yes Student 88% 90268201 0 yes Non-Supervisory 80% 9f2?f2010 yes Non-Supervisory 100% 9f27f2010 yes Non~Supervisory 100% 91'281?2010 yes No n?Supervisory 93% 9f29r'2010 yes Refresher Non-supervisory 100% 8321201 0 yes Refresher Non~supervisory 85% yes Refresher Non-supervisory 85% 8t3r?201 0 yes Refresher Faculty 100% Br'3f2010 yes Non-Supervisory 86% 8f3f2010 yes Non-Supervisory 86% yes Non?Supenrisory 93% 8f3f2010 yes Refresher Non-supervisory 85% 8f4f2010 yes Faculty 86% 8802010 yes Supervisory 100% 8f'?2010 yes Refresher Faculty 100% smzom yes Refresher Faculty 90% 81912010 yes Faculty 93% 8f1012010 yes Refresher Faculty 95% 8f13f2010 yes Refresher Faculty 90% 8l16!2010 yes Supervisory 93% 8HBI2010 yes Faculty 100% 8f16f2010 yes Faculty 100% 8/171?2010 yes Refresher Faculty 85% 8r18f2010 yes New Media Learning, LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 201 0 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read (5)003} Non-Supervisory 100% 8t18l2010 yes Refresher Faculty 90% 8l1912010 yes Faculty 93% 8l19f2010 yes Faculty 100% 8l19l2010 yes Faculty 100% Bl19l2010 yes Non-Supervisory 93% Bl19r2010 yes Faculty 80% 8.0912010 yes Refresher Faculty 95% 8l19f2010 yes Refresher Faculty 85% 81209010 yes Faculty 93% 8l24l2010 yes Faculty 100% 8l25l2010 yes 93% 82512010 yes Refresher Faculty 100% 8125:9010 yes Faculty 93% 812519010 yes Refresher Faculty 85% 8(29l2010 yes Refresher Faculty 90% Tl1f201 0 yes Refresher Faculty 85% ?l1f2010 yes Refresher Faculty 85% i?f1r?2010 yes Refresher Faculty 90% ?r'l1t2010 yes Refresher Non-supervisory 85% ?l2l2010 yes Faculty 100% 7010010 yes Refresher Faculty 90% yes Refresher Non-supervisory 100% Yl8r?201 0 yes Refresher Faculty 90% 7l8l2010 yes Refresher Faculty 90% 7'18l2010 yes Refresher Supervisory 95% ?l8l2010 yes New Media Learning, LLC - Sexuat Harassment Frostburg State University - Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read {his}; {9317(0) Refresher Supervisory 100% 7f8f2010 yes Refresher Faculty 90% 70802010 yes Refresher Supervisory 85% i'r?8f2010 yes Refresher Faculty 90% 7f8f2010 yes Refresher Faculty 100% 718f2010 yes Refresher Faculty 95% ?f8f2010 yes Faculty 86 M31901 0 yes Refresher Faculty 90% 7f9r2010 yes Faculty 86% i?f9f2010 yes Refresher Faculty 100% 71?9f2010 yes Faculty 100% 7f9f2010 yes Refresher Supervisory 85% I?f10f2010 yes Refresher Supervisory 100% 01102010 yes Refresher Faculty 90% W12f2010 yes Refresher Faculty 100% ?f14l2010 yes Refresher Faculty 85% i'f14f2010 yes Refresher Facufty 85% 71152010 yes Non-Supervisory 80% 7?f16r2010 yes Refresher Non-supervisory 90% Tf18!2010 yes Refresher Faculty 90% 71182010 yes Refresher Non-supervisory 85% 7f18f2010 yes Refresher Supervisory 100% ?r19f2010 yes Refresher Faculty 95% 101902010 yes Refresher Non~supervisory 100% 711902010 yes Refresher Faculty 100% Ff19f2010 yes Supervisory 93% Y/20r'2010 yes New Media Learning, LLC Preventing Sexual Harassment ?l Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Confirm Policy Last Name First Name Initial Department Version Score Date Read Non~Superyisory 86% 0 yes Non-Supervisory 93 7t20l2010 yes Refresher Supervisory 95% ?t20!2010 yes Refresher Faculty 90% i?l?20t2010 yes Faculty 100% 30202010 yes Refresher Faculty 90% 19012010 yes Faculty 03 7I20l2010 yes Refresher Faculty 95% 'r'f20l2010 yes Non-Supervisory 93 ?l?20t201 0 yes Non?Supervisory 86 i?t20t201 0 yes Supervisory 86% ?!20t2010 yes Faculty 93% W20l2010 yes Refresher Faculty 90% 702012010 yes l~lon~SLnservi50ryr 93% 7120/2010 yes Refresher Supervisory 85% 702029010 yes Faculty 93% 7l20l2010 yes Non-Supervisory BE W2 1 1'201 0 yes Non?Supervisory 80% 772 1201 0 yes Refresher Supervisory 90% 1021 #201 0 yes Refresher Faculty 90% 3202010 yes Refresher Faculty 100% 77202010 yes Refresher Faculty 85% ?l21l2010 yes Refresher Faculty 85% 7l21t2010 yes Refresher Faculty 95% 7f21l2010 yes Faculty 93% 7r21r2010 yes Faculty 86% 7l?21l2010 yes New Media Learning, LLC Preventing Sexual Harassment 11 Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read {bye}; Refresher Faculty 100% 7f21i2010 yes Faculty 100% #202010 yes Refresher Faculty 90% 70202010 yes Refresher Faculty 90% 0232010 yes Refresher Faculty 90% W22i2010 yes Faculty 85 710212010 yes Faculty 100 7i22l'2010 yes Refresher Non-supervisory 100% i?i22f201 0 yes Refresher Non-supervisory 100% i?i'22f2010 yes Faculty 80% 7l22i'201 0 yes Refresher Faculty 90% 7022102010 yes Refresher Non-supervisory 100% 02312010 yes Refresher Non-supervisory 05% W2312010 yes Refresher Non?supervisory 100% 7232010 yes Non?Supervis cry 00% 023103010 yes News uperyisory 86 Fl23i'2010 yes Non-Supervisory 100% 7i23l2010 yes Refresher Faculty 95% ?i23f2010 yes Non-Supervisory 93% 7f23f2010 yes Refresher Faculty 100% 0232010 yes Refresher Faculty 85% i?i?24i2010 yes Refresher Faculty 90% 7202010 yes Refresher Non-supervisory 100% 0252010 yes Refresher Faculty 90% 7i26r2010 yes Faculty 93 rrasrzm 0 yes Refresher Faculty 05% W26i'2010 yes New Media Learning. LLC Preventing Sexual Harassment 12 Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 13 Con?rm Policy A Last Name First Name Initial Department Version Score Date Read "h?K Refresher Faculty 90% 7f2i'f2010 yes Refresher Faculty 90% 7f28f2010 yes Refresher Faculty 100% 70282010 yes Non?Supervisory 86% ?f28/2010 yes Refresher Faculty 100% i'l29l2010 yes Refresher Faculty 95% Ff29f2010 yes Refresher Non-supervisory 85% 7l30l2010 yes Refresher Non-supervisory 95% 7f30l2010 yes Refresher Non-supervisory 90% Bl1f2010 yes Faculty 85% 5f1!2010 yes Refresher Supervisory 95% 5f1l2010 yes Refresher Non-supervisory 35% 6f1l2010 yes Refresher Faculty 95% 5f1f2010 yes Refresher Non~supervisory 90% 6l1f2010 yes a Refresher Faculty 85% 6l2l2010 yes Refresher Supervisory 90% 6f2f2010 yes Refresher Faculty 35% 6f2l2010 yes Refresher Faculty 90% 6f2f2010 yes Refresher Supervisory 100% 6f2f2010 yes Refresher Supervisory 90% 6f2l2010 yes Refresher Supervisory 85% 6l2l2010 yes Faculty 80% 6f2f2010 yes Refresher Supervisory 90% 6f2f2010 yes Refresher Non-supervisory 35% 6l2f2010 yes Refresher Faculty 90% 6l2l2010 yes Refresher Faculty 85% 5.922010 yes Preventing Sexual Harassment .5. New Media Learning, LLC Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Confirm Policy Last Name First Name Department Version Score Date Read (more) Refresher Non~supewisory 95% yes Refresher Faculty 100% 5122010 yes Refresher Supervisory 85% 6i2i2010 yes Refresher Faculty 100% 6/2f2010 yes Refresher Non-supervisory 90% 6f2f2010 yes Refresher Non-supervisory 90% 6!?!2010 yes Refresher Faculty 95% Si2f2010 yes Refresher Supervisory 85% 5i2l2010 yes Refresher Faculty 90% Bf2f2010 yes Refresher Supervisory 90% 5f2f2010 yes Refresher Faculty 95% 6f2i2010 yes Refresher Supervisory 100% 5i2f2010 yes Refresher Supervisory 05% 8f2fZ010 yes Refresher Faculty 95% 5f2f2010 yes Refresher Non-supervisory 90% Bf2f2010 yes Non-Supervisory 93% 6f2f2010 yes Refresher Non-supervisory 90% 6f2f2010 yes Refresher Faculty 95% 6f2l2010 yes Faculty 100% 0!2i20 1 0 yes Refresher Supervisory 85% 5i2i2010 yes Refresher Non-SUperyisory 100% 6f3i2010 yes Supervisory 100% 6l3f2010 yes Faculty 93% Bf3r'2010 yes Refresher Faculty 95% 61312010 yes Refresher Non-supervisory 90% 6f3f2010 yes Faculty 100% 5i3l2010 yes Preventing Sexual Harassment 14 New Media Learning, LLC Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15. 2013 Confirm Policy Last Name First Name Initial Department Version Score Date Read {13115}; (0)1110) Refresher Non-supervisory 95% 61312010 yes Faculty 86% 61312010 yes Faculty 85% 51412010 yes Refresher Non-supervisory 05% 61412010 yes Student 86% 61412010 yes Refresher Non-supervisory 90% 61412010 yes Non-Supervisory 93% 61612010 yes Faculty 100% 61512010 yes Refresher Non-supervisory 95% 51712010 yes Refresher Faculty 85% 61112010 yes Refresher Supervisory 90% 6171201 0 yes Supervisory 100% 6012010 yes Refresher Faculty 35% 61812010 yes Refresher Supervisory 90% 61812010 yes Refresher Faculty 100% 51812010 yes Refresher Faculty 95% 61812010 yes Refresher Non~supervisory 100% 61812010 yes Refresher Faculty 90% 61812010 yes Refresher Faculty 90% 61812010 yes Refresher Supervisory 95% 61812010 yes Refresher Supervisory 95% 01812010 yes Refresher Supervisory 100% 61812010 yes Student 93% 5181201 0 yes Non-Supervisory 93% 61812010 yes Refresher Faculty 100% 51912010 yes Refresher Faculty 85% 61912010 yes New Media Learning? LLC Preventing Sexual Harassment Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Confirm Policy Last Name First Name Department Version Score Date Read Refresher Faculty 85% 61012010 yes Refresher Non?supervisory 90% 61912010 yes Refresher Faculty 100% 611012010 yes Refresher Faculty 100% 611012010 yes Supervisory 93% 611012010 yes Faculty 93% 611 112010 yes Refresher Faculty 100% 611 112010 yes Refresher Faculty 90% 611112010 yes Refresher Faculty 95% 611112010 yes Refresher Faculty 90% 611112010 yes Refresher Faculty 05% 611112010 yes Refresher Non-supervisory 90% 611112010 yes Refresher Non~supervisory 100% 611112010 yes Refresher Non-supervisory 100 611112010 yes Supervisory 80 611312010 yes Refresher Faculty 90% 611312010 yes Refresher Supervisory 90% 611412010 yes Refresher Faculty 85% 611412010 yes Refresher Faculty 00% 611512010 yes Refresher Non-supervisory 05% 611512010 yes Student 93% 611512010 yes Faculty 100% 611512010 yes Faculty 100% 611512010 yes Refresher Supervisory 100% 611512010 yes Refresher Nonwsupervisory 95% 611512010 yes Refresher Non-supervisory 100% 611612010 yes Preventing Sexual Harassment New Media Learning. LLC 16 Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read (b11113); (1310(0) Refresher Faculty 85% 611612010 yes Refresher Non-supervisory 95% 611612010 yes Refresher Supervisory 95% 611612010 yes Refresher Non-supervisory 100% 611612010 yes Refresher Supervisory 90% 611612010 yes Refresher Non-supervisory 65% 611612010 yes Refresher Faculty 90% 611612010 yes Refresher Non-supervisory 90% 611612010 yes Refresher Non-supervisory 100% 611612010 yes Refresher err-supervisory 100% 611612010 yes Refresher Non~supervisory 90% 611612010 yes Refresher Supervisory 95% 611612010 yes Refresher Non-supervisory 90% 611612010 yes Refresher Supervisory 90% 611612010 yes Refresher Supervisory 96% 611612010 yes Refresher Non-supervisory 100% 611612010 yes Refresher Faculty 85% 611612010 yes Refresher Faculty 100% 611612010 yes Refresher Faculty 95% 611612010 yes Refresher Faculty 95% 611612010 yes Refresher Non-supervisory 85% 611612010 yes Refresher Non~supervisory 90% 611612010 yes Faculty 100% 611612010 yes Refresher Non-supervisory 90% 611612010 yes Refresher Non-supervisory 65% 611612010 yes Faculty 100% 611612010 yes New Media Learning. LLC Preventing Sexual Harassment 17 Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name initial Department Version Score Date Read (mg-1C) Refresher Supervisory 95% 8l16i2010 yes Faculty 93% 5l18l2010 yes Refresher Faculty 100% 611603010 yes Refresher Faculty 90% 8.0812010 yes Refresher Supervisory 100% 8l1?f2010 yes Refresher Non-supervisory 90% 8i1?l2010 yes Refresher Supervisory 100% 6! 1 i720? 0 yes Refresher Faculty 95% 6l1?f2010 yes Student 100% 6l17l2010 yes Refresher Supervisory 85% Bit 712010 yes Refresher Faculty 100% 5l1812010 yes Refresher Faculty 85% Bll8f2010 yes Refresher Non~supervisory 95% 8f18l2010 yes Refresher Faculty 95% 8l18i2010 yes Refresher Faculty 100% 0102003 yes Refresher Supervisory 90% 5f19l2010 yes Refresher Faculty 100% Eif19l'2010 yes Student 100% 6f19f2010 yes Refresher Faculty 100% 5f19f2010 yes Student 86% Sl?l9l2010 yes Refresher Faculty 90% Ell-9f2010 yes Refresher Faculty 85% 812022010 yes Refresher Faculty 90% 5820:9010 yes Refresher Supervisory 95% Br?20l20?l 0 yes Non?upervisory 80% 61202010 yes 1 Refresher Faculty 90% 51212010 yes I New Media Learning, LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name initial Department Version Score Date Read {mm?b?nc} Refresher Faculty 90% 8i21l2010 yes Refresher Non-supervisory 95% 8(21l2010 yes Refresher Non~supervisory 100% 8f21l2010 yes Supervisory 100% 6l21l2010 yes Refresher Non-supervisory 100% 6l21l2010 yes Refresher Non~supervisory 85% 6f21l2010 yes Refresher Supervisory 90% 512112010 yes Refresher Non~supervisory 85% 80302010 yes Refresher Supervisory 90% 61202010 yes Refresher Non-supervisory 90% 6l21l2010 yes Faculty 100% EJ202010 yes Refresher Faculty 85% 61211201 0 yes Refresher Non-supervisory 90% 6l22l2010 yes Refresher Non-supervisory 95% 8022:2010 yes Refresher Supervisory 95% 8l22f2010 yes Refresher Non-supervisow 100% 6l22l2010 yes 4 Refresher acuity 85% 6i22l2010 yes Non~Supervisory 85% 6123201 0 yes Refresher Faculty 95% 8l23l2010 yes Refresher Supervisory 95% 5l23l2010 yes Non?Supervisory 100% 6l23l2010 yes Refresher Supervisory 95% 8l24l2010 yes Refresher Supervisory 90% 5l24l2010 yes Refresher Faculty 95% 6l24l2010 yes Refresher Non-supervisory 85% Bl24l2010 yes Refresher Non-supervisory 85% srzarzm 0 yes New Media Learning, LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm ?x Policy Last Name First Name Initial Department Version Score Date Read (1310310311031 Refresher Faculty 95% 612412010 yes Refresher Faculty 95% 612412010 yes Refresher Supervisory 100% 612412010 yes Refresher Non-supervisory 85% 612412010 yes Refresher Faculty 100% 612412010 yes Refresher Supervisory 85% 612412010 yes Refresher Faculty 100% 612412010 yes Refresher Faculty 90% 612412010 yes Refresher Non-supervisory 95% 612412010 yes Refresher Faculty 100% 612412010 yes Refresher Supervisory 05% 612412010 yes Refresher Supervisory 90% 612412010 yes Refresher Faculty 100% 612412010 yes Refresher Faculty 100% 612412010 yes Refresher Supervisory 90% 612412010 yes Refresher Faculty 100% 612412010 yes Faculty 86% 612412010 yes Refresher Non-supervisory 95% 612412010 yes Refresher Supervisory 95% 612412010 yes Refresher Non~supervisory 90% 612512010 yes Refresher Non-supervisory 90% 612512010 yes Refresher Faculty 90% 612512010 yes Refresher Non-supervison 95% 612512010 yes Refresher Faculty 90% 612512010 yes It Refresher Faculty 85% 612512010 yes Refresher Non-supervisory 65% 612612010 yes New Media Learning. LLC Preventing Sexual Harassment Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Con?nn Policy Last Name First Name initial Department Version Score Date Read (bye); (mam) Refresher Faculty 90% Bi2?f2010 yes Faculty 93% 6/2?f201 0 yes Refresher Non-supervisory 95% 8f28i2010 yes Refresher Supervisory 100% 8f28f2010 yes Non-Supervisory 86% 6f28f2010 yes Refresher Supervisory 95% 6l28f2010 yes Refresher Faculty 95% 7282010 yes Refresher Faculty 85% 612812010 yes Refresher Non-supervisory 100% 8i28i2010 yes Refresher Supervisory 90% 6f28f2010 yes Refresher Supervisory 100% 8128:2010 yes Refresher Non-supervisory 95% 6f28f2010 yes Refresher Non-supervisory 95% 6f28f2010 yes Refresher Supervisory 100% 5f28i201?0 yes Faculty 86% 612802010 yes Refresher Faculty 100% 8228:2010 yes Refresher Supervisory 85% 6f29f2010 yes Refresher Non-supervisory 90% 62912010 yes Refresher Supervisory 85% 6829/2010 yes Refresher Supervierry 85% 5f29f2010 yes Refresher Faculty 95% 8f29f2010 yes Refresher Non-supervisory 100% 6f29f2010 yes Refresher Non-supervisory 100% 82912010 yes Refresher Non~supewisory 90% 8f29f2010 yes Refresher Supervisory 90% Bi29i2010 yes Refresher Faculty 95% 8/29f2010 yes Preventing Sexual Harassment New Media Learning, LLC .. 21 Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 New Media Learning. LLC Preventing Sexual Harassment Confirm Policy Last Name First Name Initial Department 33? Read {mgrc} Refresher Non~supewisory 95% 0f29f2010 yes Refresher Non?supervisory 95% Bf29f2010 yes Refresher Faculty 90% 6f29f2010 yes Faculty 100% 6f29f2010 yes Refresher Non?supervisory 90% 511291201 0 yes Refresher Non?supervisory 35% Bl29f2010 yes Refresher Faculty 90% 80902010 yes Refresher Faculty 85% 502912010 yes Refresher Faculty 100% 5,12912010 yes Refresher Facul1y 100% 5f29f2010 yes Refresher Faculty 100% 62903010 yes Refresher Faculty 05% 6f29f2010 yes Refresher Supervisory 85% 611292010 yes Refresher Non-supervisory 100% 5!30i'2010 yes Refresher Non-supervisory 100% 613002010 yes a Refresher Supervisory 100% 0f30f2010 yes Refresher Faculty 35% 5f30f2010 yes Refresher Non-supervisory 85% 6f30f2010 yes Refresher Non-supervisory 90% 5f30f2010 yes Refresher Non-supervisory 100% 6f30f2010 yes Refresher Faculty 95% 6f30f2010 yes Refresher Non-supervisory 95% 58012010 yes Refresher Faculty 95% 6f30f2010 yes Faculty 93% 013012010 yes Refresher Faculty 95% 6f30f2010 yes Refresher Faculty 90% 5113012010 yes 22 Ha Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15. 2013 Confirm Policy Last Name First Name initial Department Version Score Date Read Refresher Faculty 85% ?f30f2010 yes Refresher Faculty 90% 0f30l2010 yes Refresher Faculty 90% 6f30f2010 yes Refresher Non-supervisory 95% 6130112010 yes Refresher Faculty 100% 6f30l2010 yes Refresher Faculty 95% Sf30f2010 yes Refresher Faculty 100% 63012010 yes Refresher Faculty 100% 6f30f2010 yes Refresher Faculty 90% 6113012010 yes Refresher Supervisory 100% 9f30f2010 yes Faculty 93 6f30f2010 yes Refresher Faculty 90% Bf30i2010 yes Refresher Non-supervisory 95% 5f1f2010 yes Refresher Supervisory 95% 52?102010 yes Refresher Non-supervisory 95% 5f1f2010 yes Refresher Non-supervisory 90% 5:022:10 yes Faculty 93% seems yes Refresher Facutty 95% 5f2f2010 yes Refresher Non-supervisory 95% 5r3r2010 yes Refresher Non~supervisory 90% 53112010 yes Refresher Supervisory 100% 5f3f2010 yes Refresher Non?supervisory 90% 5139010 yes Refresher Non-supervisory 95% 5f3f2010 yes Refresher Non-supervisory 100% yes Non-Supervisory 86% 5113:2010 yes Non-Supervisory 93% yes New-Media Learning, LLC Preventing Sexual Harassment . .. Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Department Version Score Date Read (mare) Refresher Faculty 90% 5f4f2010 yes Refresher Non-supervisory 100% 5f4f2010 yes Refresher Supervisory 85% 5f5f2010 yes Refresher Supervisory 100% 5i5f2010 yes Refresher Supervisory 85% 5f5i2010 yes Refresher Faculty 90% 552010 yes Refresher Non-supervisory 90% 5512010 yes Refresher Non-supervisory 90% 5i5i2010 yes Refresher Non-supervisory 100% 515f2010 yes Refresher Supervison 100% 51053010 yes Refresher Non-supervisory 100% 5f6f2010 yes Refresher Faculty 90% 5f6f2010 yes Refresher Supervisory 85% 5i6f2010 yes Refresher Faculty 95% 5f5f2010 yes Refresher Faculty 90% 50512010 yes Refresher Non-supervisory 95% 5f5f2010 yes Refresher acully 85% 5f5!2010 yes Refresher Faculty 85% 5f6f2010 yes Refresher Faculty 100% 51610201 0 yes Refresher Supervisory 95% 5f6r'2010 yes Supervisory 86% 5f6f2010 yes Refresher Supervisory 85% 5f6f2010 yes Refresher Supervisory 90% 5f6f2010 yes Refresher Supervisory 90% 5i5f2010 yes Refresher Supervisory 100% 5f6i2010 yes Supervisory 93% 5f5i2010 yes Preventing Sexual Harassment 24 New Media Learning. LLC ii 1. Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Confirm Policy Last Name First Name Initial Department Version Score Date Read (bye); {mmCi Refresher Faculty 95% 5f612010 yes Refresher Non-supervisory 85% 51?;?201 0 yes Refresher Non-supervisory 90% 51759010 yes Refresher Non-supervisory 95% 5f?1201 0 yes Refresher Supervisory 85% 51712010 yes Refresher Supervisory 95% 51712010 yes Refresher Non-supervisory 90% yes Refresher Non-supervisory 95% 5182010 yes Refresher Faculty 95% 5f8f2010 yes Refresher Supervisory 85% 519/2010 yes Refresher Faculty 95% 5f10f2010 yes Refresher Faculty 85% 5110:2010 yes Refresher Supervisory 90% 5110:9010 yes Refresher Non-supervisory 95% 51192010 yes Refresher Non-supervisory 90% 511012010 yes terresher Student Employee 95% 510012010 yes Non-Supervisory 93% 51101201 0 yes Refresher Non-supervisory 85% 5f10f2010 yes Refresher Non-supervisory 100% 52'1112010 yes Refresher Supervisory 95% 511 112010 yes Refresher Supervisory 100% 511 1f2010 yes Refresher Non-supervisory 90% 511 112010 yes Refresher Non?supervisory 90% 5f 1 1.12010 yes Refresher Faculty 85% 5111122010 yes Refresher Non~supervisory 95% H2010 yes Refresher Non-supervisory 85% 51'1112010 yes Preventing Sexual Harassment 25 New Media Learning. LLC Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Confirm Policy Last Name First Name Initial Department Version Score Date Read (mam) Refresher Nonwsupervisory 90% SH 1i2010 yes Faculty 93% 5l11f2010 yes Refresher Supervisory 85% 5? 02010 yes Refresher Non-supervisory 85% 5122010 yes Refresher Faculty 85% 5i12f2010 yes Refresher Non-supervisory 90% 5i12f2010 yes Refresher Non-supervisory 100% 51212010 yes Refresher Supervisory 90% 5122010 yes Refresher Non-supervisory 100% 5i12l2010 yes Refresher Non-supervisory 90% 5f12i2010 yes Refresher Supervisory 95% 5i12i2010 yes Supervisory 88 5f12i2010 yes Refresher Non~supervisory 85% 5f12i'2010 yes Refresher Supervisory 90% 51121201 0 yes Refresher Nonusupervisory 85% 5/12i2010 yes Refresher Nonrsupervisory 85% 5i12i2010 yes Refresher Non-supervisory 100% 5i13i2010 yes Refresher Supervisory 85% 5i'13f2010 yes Refresher Non-supervisory 85% 5f13i2010 yes Refresher Non-supervisory 100% 5f13i2010 yes Refresher Faculty 100% 51312010 yes Refresher Non-supervisory 100% 51312010 yes Refresher Supervisory 95% 5f131?2010 yes Refresher Non-supervisory 85% 5i13l2010 yes Refresher Non-supervisory 85% 5i'13i2010 yes Refresher Faculty 85% 5i13i2010 yes Preventing Sexual Harassment 28 New Media Learning, LLC Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15. 2013 Con?rm Policy Last Name First Name initial Department Version Score Date Read (bye); {b10031 Supervisory 100% 5!13f2010 yes Refresher Non-supervisory 85% 510312010 yes Refresher Faculty 100% 5113l2010 yes Refresher Faculty 85% 5l14l2010 yes Refresher Non-supervisory 85% 5l14l2010 yes Non-Supervisory 00% arm/2010 yes Refresher Faculty 100% 5/14l2010 yes Refresher Non?supervisory 95% 5l14l2010 yes Refresher Non-supervisory 100% 51412010 yes Refresher Faculty 90% 5l14l2010 yes Refresher Faculty 90% 5l15/2010 yes Refresher Faculty 85% 5115112010 yes Refresher Faculty 85% 5l1i'72010 yes Refresher Non-supervisory 95% 5l1?l2010 yes Refresher Supervisory 90% 5f1?l2010 yes Refresher Faculty 95% 5l17l2010 yes Refresher Supervisory 85% 5l1?l2010 yes Refresher Non~supervisory 95% 5l1?l2010 yes Refresher Faculty 90% 5l17l2010 yes Refresher Non-supervisory 95% 5l1?l2010 yes Refresher Supervisory 95% 5l18f2010 yes Refresher Non?supervisory 90% Elia/2010 yes Refresher Faculty 100% 5l10r'2010 yes Refresher Faculty 100% 5l13l2010 yes Refresher Non-supervisory 95% 5l18l2010 yes a .55.. Faculty 93% 5l1812010 yes 2? New Media Learning. LLC Preventing Sexual Harassment Mastery Test Results rostburg State University Preventing Sexual Harassment September 2010 through! October 15, 2013 New Media Learning. LLC 28 Con?nn Policy Last Name First Name Initial Department Version Score Date Read {bye}; (5)010} Refresher Non-supervisory 90% 511812010 yes Refresher Non-supervisory 100% 511812010 yes Refresher Supervisory 95% 511812010 yes Refresher Non-supervisory 95% 511812010 yes Refresher Supervisory 90% 511912010 yes Rehesher Non-supervisory 95% 511912010 yes Refresher Supervisory 85% 511912010 yes Refresher Non-supervisory 95% 511912010 yes Refresher Faculty 95% 511912010 yes Refresher N0n~supervisory 100% 512012010 yes Refresher Supervisory 90% 512012010 yes Refresher Non-supervisory 90% 512012010 yes Refresher Facully 100% 512012010 yes Refresher Non~supervisory 95% 512012010 yes Refresher Non-supervisory 95% 512112010 yes Refresher Non-supervisory 95% 512112010 yes Refresher Faculty 100% 512212010 yes Refresher Faculty 100% 512212010 yes Refresher Non-supervison 85% 512212010 yes Refresher Non-supervisory 85% 512412010 yes Refresher Non-supervisory 90% 512412010 yes Refresher Non-supervisory 95% 512412010 yes Refresher Faculty 85% 512412010 yes Refresher Non~supervisory 85% 512412010 yes Faculty 88% 512412010 yes Refresher Supervisory 95% 512412010 yes Preventing Sexual Harassment rostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Confirm m? Policy Last Name First Name initial Department Version Score Date Read 0310511131003} Refresher Faculty 85% 5194112010 yes Refresher Supervisory 95% 52412010 yes Refresher Supervisory 85% 512412010 yes Refresher Non-supervisOry 85% 51242'2010 yes Refresher Faculty 100% 52412010 yes Refresher Non-supervisory 85% 5f24f2010 yes Non-Supervisory 100% 512-020 1 0 yes Refresher Supervisory 95% 52412010 yes Refresher Faculty 100% 5l24f2010 yes Refresher Non-supervisory 90% 51241'20 0 yes Refresher Faculty 90% 5l24l2010 yes Refresher Supervisory 85% 5112102010 yes Refresher Faculty 85% 5l24l2010 yes Refresher Non?supervisory 90% 5l24f2010 yes Refresher Faculty 90% 5l24f2010 yes Refresher Supervisory 85% 5124122010 yes Refresher Non-supervisory 95% 5f24f2010 yes Refresher Faculty 85% 5f24f2010 yes Refresher Faculty 85% 512412010 yes Refresher Faculty 90% 5l24f2010 yes Refresher Faculty 90% 5f24f2010 yes Refresher Faculty 95% 52512010 yes Refresher Faculty 85% 5f25f2010 yes Refresher Faculty 90% 522512010 yes Refresher Non-supervisory 95% 52512010 yes Refresher Non-superviSOry 90% 5l25f2010 yes New Media Learning, LLC Preventing Sexual Harassment 29 Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Confirm Policy Last Name First Name Initial Department Version Score Date Read (bye); (maul) Refresher Faculty 05% 5f25l2010 yes Refresher Supervisory 85% 5f25f2010 yes Refresher Faculty 95% 5f25f2010 yes Non-Supervisory 100% 32532010 yes Refresher Non-supervisory 85% 5f25i2010 yes Refresher Faculty 95% 5f25f2010 yes Refresher Non-supervisory 100% 5f25f2010 yes Supervisory 93% 5l25i2010 yes Faculty 100% 5f25f201 0 yes Faculty 100% 512 5f201 0 yes Refresher Faculty 90% 51252010 yes Refresher Non-supervisory 85% 5f25f2010 yes Refresher Faculty 100% 5125120 1 0 yes Refresher Faculty 100% 52512010 yes Refresher Supervisory 95% 5f25r?2010 yes Refresher Non-supervisory 90% 5f26i2010 yes Refresher Supervisory 85% 5f25f2010 yes Refresher Supervisory 95% 5f26f2010 yes Refresher Non-supervises): 85% 5125102010 yes Refresher Non-supervisory 90% 5i26f2010 yes Refresher Non-supervisory 90% 5f2?f2010 yes Refresher Supervisory 95% 52812010 yes Refresher Faculty 90% 5f28f2010 yes Refresher Faculty 95% 5i28f2010 yes Refresher Non-supervisory 90% 5328:2010 yes Refresher Supervisory 90% 5f23f2010 yes Preventing Sexual Harassment 30 New Media Learning. LLC Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 New Media Learning. LLC Confirm Policy Last Name First Name Initial Department Version Score Date Read Refresher Faculty 85% 513112010 yes Supervisory 93 4151201 0 yes Refresher Non-supervisory 100% 41112010 yes Refresher Supervisory 95% 41112010 yes Refresher Non-supervisory 90% 41812010 yes Refresher Non-supervisory 95% 41812010 yes Refresher Faculty 90% 411212010 yes Refresher Faculty 85% 411212010 yes Refresher Non-supervisory 90% 411212010 yes Refresher Non-supervisoryr 85% 411212010 yes Refresher Faculty 90% 411212010 yes Refresher Non?supervisory 90% 411212010 yes Refresher Non-supervisory 100% 411212010 yes Refresher Non-supervisory 90% 411212010 yes Refresher Supervisory 90% 411212010 yes Refresher Faculty 100% 411212010 yes Refresher Faculty 90% 411212010 yes Refresher Faculty 85% 411212010 yes Refresher Faculty 100% 411212010 yes Refresher Superviswy 85% 411212010 yes Refresher Supervisory 90% 411212010 yes Non~Supervis cry 93% 411212010 yes Refresher Faculty 85% 411212010 yes Refresher Non-supervisory 90% 411212010 yes Refresher Faculty 90% 411212010 yes Refresher Supervisory 90% 411212010 yes Preventing Sexual Harassment 31 Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Confirm a, Policy Last Name First Name Initial Department Version Score Date Read (b11703) Refresher Non-supervisory 85% 411212010 yes Refresher Faculty 00% 411212010 yes Refresher Supervisory 95% 411212010 yes Refresh er Faculty 90% 411212010 yes Refresher Non-supervisory 85% 411212010 yes Refresher Non-supervisory 05% 411212010 yes Refresher Faculty 90% 411212010 yes Refresher Non-supervisory 90% 411212010 yes Refresher Supervisory 100% 411212010 yes Refresher Non-supervisory 100% 411212010 yes Refresher Faculty 85% 411212010 yes Refresher Faculty 100% 411212010 yes Refresher Supervisory 95% 411212010 yes Refresher Faculty 100% 411212010 yes Refresher Non?supervisory 100% 411212010 yes Refresher Non-supervisory 100% 411212010 yes Refresher Non-supervisory 85% 411212010 yes Refresher Non~supervisory 100% 411212010 yes Refresher Non-supervisory 100% 411212010 yes Refresher Supervisory 100% 411212010 yes Refresher Non-supervisory 95% 411212010 yes Refresher Non-supervisory 100% 411212010 yes Refresher Faculty 05% 411212010 yes Refresher Supervisory 90% 411212010 yes Refresher Non~supervisory 100% 411212010 yes Refresher Non-supervisory 100% 411212010 yes New Media Learning, LLC Preventing Sexual Harassment 32 I - Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read (?3103); (b10113) Refresher Faculty 85% 411212010 yes Refresher Non-supervisory 90% 411212010 yes Refresher Non-supervisory 95% 411212010 yes Refresher Supervisory 95% 411212010 yes Refresher Faculty 100% 411212010 yes Refresher Supervisory 95% 411212010 yes Refresher Non-supervisory 85% 411212010 yes Refresher Supervisory 90% 411312010 yes Refresher Supervisory 100% 411312010 yes Refresher Supervisory 90% 411312010 yes Refresher Non-supervisory 90% 411312010 yes Refresher Non-su pervisory 100% 411312010 yes Non-Supervisory 85% 411312010 yes Supervisory 93% 41131201 0 yes Refresher Supervisory 100% 411312010 yes Refresher Non-supervisory 100% 411312010 yes Refresher Non-supervisory 100% 411312010 yes Refresher Non-supervisory 90% 411312010 yes Refresher Non?supervisory 100% 411312010 yes Supervisory 100% 411312010 yes Refresher Supervisory 90% 411312010 yes Refresher Non~supervisory 90% 411312010 yes Refresher Faculty 100% 411312010 yes Refresher Faculty 90% 411312010 yes Refresher Non-supervisory 100% 411312010 yes Refresher Non-supervisory 100% 411312010 yes New Media Learning. LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Confirm Policy Last Name First Name Initial Department Version Score Date Read RefresherNon?supervisory 100% 411312010 yes Refresher Non-supervisory 90% 411312010 yes Refresher Supervisory 100% 411412010 yes Refresher Non~supervisory 95% 411412010 yes Refresher Non?supervisory 100% 411412010 yes Refresher Non-supervisory 100% 411412010 yes Refresher Non-supervisory 85% 411412010 yes Refresher Supervisory 85% 411412010 yes Refresher Non-supervisory 90% 411412010 yes Refresher Supervisory 95% 411412010 yes Refresher Non-supervisory 100% 411412010 yes Non-Supervisory 88% 411412010 yes Refresher Non-supervisory 90% 411412010 yes Refresher Non-supervisory 90% 411412010 yes Refresher Non~supervisory 85% 411412010 yes Refresher Faculty 100% 411412010 yes Refresher Non-supervisory 100% 411412010 yes Refresher Supervisory 100% 411512010 yes Refresher Faculty 95% 411512010 yes Refresh er Non-supervisory 90% 411512010 yes Refresher Non-supervisory 90% 411512010 yes Refresher Non-supervisory 90% 411512010 yes Refresher Faculty 95% 411512010 yes Refresher Supervisory 95% 411512010 yes Refresher Supervisory 95% 411512010 yes Refresher Non-supervisory 85% 411512010 yes New Media Learning. LLC Preventing Sexual Harassment Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 New Media Learning, LLC Confirm Policy Last Name First Name Initial Department Version Score Date Read (bye); (5)1103) Refresher Supervisory 100% 411512010 yes Faculty 100% 411512010 yes Refresher Supervisory 95% 411512010 yes Refresher Supervisory 85% 411512010 yes Refresher Non-supervisory 95% 411612010 yes Refresher Supervisory 95% 411012010 yes Non-Supervisory 93% 411612010 yes Refresher Non-supervisory 100% 411612010 yes Refresher Supervisory 95% 411812010 yes Refresher Faculty 85% 411612010 yes Non-Supervisory 93% 411612010 yes Refresher Non-supervisory 100% 411612010 yes Refresher Non?supervisory 100% 411812010 yes Refresher Supervisory 100% 411612010 yes Refresher Facully 05% 411812010 yes Refresher Non-supervisory 100% 411612010 yes Refresher Nonvsupervisory 85% 411512010 yes Refresher Supervisory 100% 411012010 yes Refresher acuity 100% 411812010 yes Refresher Facuity 85% 411912010 yes Refresher Supervisory 100% 411912010 yes Refresher Supervisory 85% 411912010 yes Refresher Non-supervisory 95% 411912010 yes Refresher Facuity 85% 411912010 yes Refresher Non~supervisory 85% 411912010 yes Refresher Non-supervisory 90% 411912010 yes Preventing Sexual Harassment 35 rostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 th rought October 15, 2013 Con?rm ,an Policy Last Name First Name Initial Department Version Score Date Read (bli?i; (939(0) Refresher Supervisory 85% . 4f20f2010 yes Non-Supervisory 06% 4202010 yes Refresher Non-supervisory 100% 4f20f2010 yes Refresher Non-supervisory 85% 4f20f2010 yes Refresher Non-supervisory 90% yes Refresher Non~supervisory 100% 4f20f2010 yes Refresher Non-supervisory 95% 4f20f2010 yes Refresher Non-supervisory 85% 4f20r'2010 yes Refresher Non-s upervisory 90% 4f20f2010 yes Refresher Supervisory 100% 4f2 11201 0 yes Refresher Non-supervisory 95% 4f21f2010 yes Refresher Non~supervisory 95% 4f21f2010 yes Refresher Non-supervisory 100% 4f21f2010 yes Refresher Non-supervisory 95% 4f21f2010 yes Refresher Supervisory 90% 4f21f2010 yes ?1 Refresher Supervisory 85% 4f21f2010 yes Refresher Faculty 85% 4f21f2010 yes Refresher Supervisory 95% #2112010 yes Refresher Supervisory 85% 4212010 yes Refresher Non-supervisory 90% 4f22l2010 yes Refresher Faculty 90% 422/2010 yes Refresher Non-supervisory 95% 4f22f2010 yes Refresher Non~supervisory 90% 4f22i2010 yes Faculty 93% #222010 yes Refresher Non-supervisory 95% 4f23f2010 yes Refresher Non-supervisory 100% 4f23f2010 yes New Media Learning. LLC Preventing Sexual Harassment -. Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 New Media Learning. LLC - Con?rm Policy Last Name First Name Department Version Score Date Read {bimm Refresher Supervisory 95% #2302010 yes Refresher Supervisory 90% #2302010 yes Refresher Non-supervisory 85% #232010 yes Refresher Supervisory 95% #232010 yes Refresher Faculty 95% #232010 yes Faculty 100% #2403010 yes Refresher Faculty 90% #2512010 yes Refresher Non-supervisory 90% #2592010 yes Refresher Faculty 90% #252010 yes Refresher Non-supervisory 95% #2512010 yes Refresher Supervisory 85% #2619010 yes Refresher Nen~supervisery 95% #252010 yes Refresher Non-supervisory 100% #25f2010 yes Refresher Non-supervisory 100% #26f2010 yes Refresher Non-supervisory 100% #26f2010 yes Refresher Facuity 85% 4126:2010 yes Refresher Non~supervisory 100% #2702010 yes Refresher Facuity 85% 4f2?r'f2010 yes Refresher Supervisory 85% #2?i2010 yes Refresher Nonesupervisory 100% #2792010 yes Refresher Faculty 100% #2712010 yes Refresher Non-supervisory 95% #2712010 yes Refresher Faculty 90% #2102010 yes Refresher Facuin 95% 4f28f2010 yes Refresher Faculty 95% 4f28i2010 yes Refresher Faculty 100% #28i2010 yes Preventing Sexual Harassment 3? Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read (laws); (bl?'fCl Refresher Faculty 100% 1023:2010 yes Refresher Faculty 100% 4f28f2010 yes Refresher Faculty 90% #2822010 yes Supervisory 80% 4l29f2010 yes Refresher Non?supervisory 85% 4f29f2010 yes Refresher Supervisory 100% 4l29l2010 yes Refresher Non~supervisory 90% 41129412010 yes Refresher Non-supervisory 90% 4l29l2010 yes Refresher Norl~supervisory 95% 4l29f2010 yes Refresher Non-supervisory 85% 4l29f2010 yes Refresher Non-supervisory 65% 4129l2010 yes Refresher Supervisory 100% 4f29r?201 0 yes Refresher Nonesupervisory 95% 42912010 yes Refresher Faculty 100% 4l29l2010 yes Refresher Non-supervisory 95% 4l29l2010 yes Refresher Non-supervisory 85% 4l?30l201 0 yes Refresher Non-supervisory 90% 4f30f2010 yes Refresher Supervisory 95% 4l30l2010 yes Refresher Non?supervisory 100% 42302010 yes Refresher Non?supervisory 95% 4f30l2010 yes Refresher Non-supervisory 95% 4f30l2010 yes Refresher Non-supervisory 100% 41301201 0 yes Refresher Non-supervisory 100% 4(30l2010 yes Refresher Non-supervisory 90% 4f30l2010 yes Refresher Non-supervisory 100% 403022010 yes 2010 Student 35% 3r2r20m yes Preventing Sexual Harassment New Media Learning, LLC - -- 38 Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name initial Department Version Score Date Read {bye}: Student 66% 3122010 yes Non-Supervisory 66% 3f4i'2010 yes Student 100% 3142010 yes Student 93% 352010 yes Non-Supervisory 86% 3i'6f2010 yes Non-Supervisory 100% 3f6i2010 yes Faculty 86% 3?i2010 yes Faculty 100% 3i9t2010 yes Student 60% 3!19i'2010 yes Non~Supervisory 93% 3129:2010 yes No n?Supewisory 03% 3212010 yes Faculty 100% 2i9i'2010 yes Student 86% 212020 1 0 yes Student 100% 2i20i2010 yes Student 100% 2i20f2010 yes Student 93% 2212010 yes Student 93 2i22i2010 yes Non-Supervisory 100 2f23f2010 yes Non-Supe wisory 80% 21231901 0 yes Student 93 2i23i201 0 yes Student 93% 2/261'2010 yes Non-Supervisory 93% 12i3i2009 yes Faculty 100% 1332009 yes Faculty 93% 131012009 yes Non-Supervisory 86% t2i10i2009 yes Student 93% 12i15l2009 yes New Media Learning, LLC Preventing Sexuai Harassment 39 Last Name Frostburg State University Preventing Sexual Harassment Mastery Test Resutts First Name Initial (ate? E61118) New Media Learning, LLC 40 September 2010 throught October 15, 2013 Con?rm Policy Department Version Score Date Read Supervisory 93% 1212112009 yes Supervisory 100% 111312009 yes Student 93% 1 11312009 yes Non-Supervisory 100% 1 112412009 yes Non-Supervisory 100% 91112009 yes Faculty 100% 91112009 yes Faculty 100% 91312009 yes Faculty 100% 911312009 yes Student 100% 911512009 yes Student 86% 911612009 yes Faculty 80% 911612009 yes Faculty 93% 911612009 yes Student 93% 911 912009 yes Student 93% 911 912009 yes Student 80% 912112009 yes Student 1 00% 912112009 yes Student 93% 912212009 yes Student 100% 912312009 yes Student 100% 912312009 yes Student 100% 912412009 yes Non~Superyisory 80% 912412009 yes Student 93% 912412009 yes Student 86% 912412009 yes Non?Supervisory 93% 912412009 yes Student 93% 912412009 yes Student 100% 912812009 yes Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 New Media Learning. LLC Confirm Policy Last Name First Name initial I Department Version Score Date Read (bil?i'. (WW3) Student 85% 9f26f2009 yes Student 93% 912812009 yes Student 88% 9127112009 yes Non-Supervisory 86% 912?:12009 yes Student 1 00% 90272009 yes Non-Supervisory 88% 932712009 yes Student 93% 9i2?!2009 yes Faculty 93% 81312009 yes Faculty 1 00% 8.11 3/2009 yes Supervisory 93% 8f1?!2009 yes Faculty 100% 811W2009 yes Non-Supervisory 100% 820822009 yes Non?Supervisory 100% Bf19i2009 yes Non-Supervisory 100% 81202009 yes Supervisory 93% 8!24!2009 yes Faculty 93% 8i24i2009 yes Non?Supervisory 93% yes acuity 100% 8i25i2009 yes N0n~Supervisory 88% 8125f2009 yes Non-Supervisory 100% 8128:2009 yes Supervisory 88% 614l2009 yes Student 86% 612212009 yes 8 upervisory 100% 5192009 yes Non-Supervisory 100% 312032009 yes Preventing Sexual Harassment 41 m. Title IX Training {bite}: and Title IX Compliance April 15,2011 National Center for Higher Education Risk Management Practical Application ot?the title IX Dear Colleague LetterXGuidance on Campus Sexual Assault (webinar) May 3, 20] I National Association oflndependent Colleges and Universities, Dear Colleague Letter (webinar) November 20] 1 Association of Title IX Administrators, Investigation Model Title December 12, 2012 California Coalition Against Sexual Assault A Dialogue on Organizational Practices to Prevent Violence Against Women March 13, 20l3 National Sexual Violence Resource Center, Developing Sexual Violence Prevention Planning Committees: A Lesson Learned Awarded - 148 Rows, Generated 1071612013 1:41 PM Eastern Standard Time LastName FirstName (131(5); (b10113) Certi?cate Name Online Clery Act Training Class for Campus Security Authorities AwardedDate 1 1718/20] 1 9:57:53 AM CSA Recerti?cation 37'472013 3:18:26 PM Online Clery Act Training Class for Campus Security Authorities 571472013 10:23:01 AM CSA Recertification 271972013 8:55:36 AM Online Clery Act Training Class for Campus Security Authorities 1 ?291201 1 4:34:41 PM Online Clery Act Training Class for Campus Security Authorities 2/21/2013 9:59:57 AM Online Clery Act Training Class for Campus Security Authorities 3197201 3 12:20:31 PM CSA Recerti?cation 219512013 7:52:37 PM Online Clery Act Training Class for Campus Security Authorities 12/15/2011 9:49:11 AM Online Clery Act Training Class for Campus Security Authorities 2125/2013 5:17:33 PM CSA Recertification 2/672013 5:14:08 PM Oniine Clery Act Training Class for Campus Security Authorities 11/167201] 4:21:20 PM Ordine Clery Act Training Class for Campus Security Authorities 2125/2013 4: 17:07 PM Online Clery Act Training Class for Campus Security Authorities 371072013 8:59:51 PM CSA Recerti?cation 311472013 4:06:47 PM Online Clery Act Training Class for Campus Security 12/127201] 2:03:11 PM u. Authorities (13345}: (1315(0) Online Clery Act Training Class for Campus Security Authorities 371372013 2:09:37 PM CSA Recerti?cation 2/1872013 10:19:21 AM Online Clery Act Training Class for Campus Security Authorities 12121201 1 12:44:48 PM Online Clery Act Training Class for Campus Security Authorities 21287201 3 6:29:59 PM Online Clery Act Training Class for Campus Security Authorities 272272013 2:42:53 PM IOnline Clery Act Training Class for Campus Security Authorities 2/7/2013 11:31:54 PM IOnline Clery Act Training Class for Law Enforcement 12713/2011 1:13:26 PM CSA Recerti?cation 27472013 1:43:11 PM Online Clery Act Training Class for Campus Security [Authorities 12(14/2011 1:57:57 PM SA Recerti?cation 47372013 12:28:42 PM CSA Recerti?cation 271972013 3:52:13 AM Online Clery Act Training Class for Campus Security Authorities 1 17297201 1 4:40:06 PM Online Clery Act Training Class for Campus Security Authorities 1277212011 6:26:25 PM CSA Receni?cation 21?17'2013 4:19:03 PM Online Clery Act Training Class for Law Enforcement 2/1372012 7:06:34 PM CSA Recerti?cation 279/2013 10:27:27 AM CSA Recerti?cation 2/572013 5:53:11 AM .. A: ?q?mse .h (are); (brat) Online Clery Act Training Class for Campus Security Authorities 1/11f2012 4:23:23 AM Online Clery Act Training Class for Law Enforcement 1(1712012 1:00:35 AM Online Clery Act Training Class for Campus Security Authorities 12/141201] 6:00:56 PM CSA Recerti?cation 3f26i2013 2:47:41 PM Online Clery Act Training Class for Campus Security Authorities 44/322013 2:46:22 PM Online Clery Act Training Class for Law Enforcement 6f1112013 2:57:41 PM CSA Recerti?cation 14/232013 9:21:03 Online Clery Act Training Class for Campus Security Authorities 12f2f2011 1:54:10 PM Online Clery Act Training Class for Campus Security Authorities 12115/2011 3:32:48 PM CSA Recertification 2/221'2013 12:07:22 PM Online Clery Act Training Class for Campus Security Authorities 12121201 1 4:12:46 PM CSA Recerti?cation 515(2013 6:57:09 PM Online Clery Act Training Class for Campus Security Authorities 32712012 5:30:17 PM CSA Recerti?cation 2f6/2013 1 1:49:47 AM Online Clary Act Training Class for Campus Security Authorities 3!8f2013 1:31:24 PM Online Clery Act Training Class for Campus Security Authorities 32?31?2013 12:57:46 AM CSA Recerti?cation 3/14/2013 12:49:01 (131(5): (b11103) Online Clary Act Training Class for Campus Security Authorities 1212/20! 1 5:23:01 PM Online Clery Act Training Class for Campus Security Authorities 2f13/2013 10:41:43 AM Online Clary Act Training Class for Law Enforcement U20I2012 3:03:25 PM Online Clery Act Training Class for Campus Security Authorities 10:01:05 AM Online Clery Act Training Class for Campus Security Authorities 111022012 12:33:23 AM Online Clery Act Training Class for Law Enforcement 1/17/2012 2:04:03 AM CSA Recertificaticn 2f] 3/2013 4:45:41 AM Online Clary Act Training Class for Campus Security Authorities 3(14/2013 2:50:12 PM Online Clery Act Training Class for Campus Security Authorities 72?2012 12:26:17 PM Recerti?cation 21?4/2013 1 1:44:48 AM Online Clery Act Training Class for Campus Security Authorities 121201201 I 10:21:38 AM CSA Rccerti?cation 21271201 3 9:33:08 PM CSA Recerti?cation 3512013 9:22:25 AM Online Clery Act Training Class for Campus Security Authorities 1 1113/2011 9:09:05 PM Online Cler Act Training Class for Law Enforcement 21?12/20 13 2:42:29 AM CSA Recerti?caticn 2/12x'2013 2:06:01 PM Online Clery Act Training Class for Campus Security Authorities 1/12/2012 8:55:15 AM . I) {131(5): (b10031 Online Clery Act Training Class for Law Enforcement 1/16/2012 1:29:59 PM Online Clery Act Training Class for Law Enforcement 1116f2012 11:05:12 AM CSA Recerti?cation 21?712013 8:53:44 AM Online Clary Act Training Class for Law Enforcement 1113/2012 9:14:49 PM CSA Recerti?cation 214112013 7:17:08 PM Online Clery Act Training Class for Law Enforcement lf18f2012 6:30:47 AM Online Clery Act Training Class for Campus Security Authorities 12:33:31 AM CSA Recerti?cation 2f13/2013 1:10:42 PM Online Clery Act Training Class for Campus Security Authorities 1112112011 CSA Recerti?cation 4123/2013 10:38:47 AM Online Clery Act Training Class for Campus Security Authorities 412312013 10:39:07 AM Online Clary Act Training Class for Campus Security Authorities llf29f2011 3:43:15 PM CSA Recerti?cation 2119/2013 3:52:28 AM Online Ciery Act Training Class for Campus Security Authorities 31712013 10:46:05 PM CSA Recerti?eation 2113/2013 4:33:52 AM Online Clery Act Training Class for Campus Security Authorities 1/12f2012 2:17:32 PM Online Clery Act Training Class for Campus Security Authorities [2115/2011 4:40:35 PM ICSA Recerti?cation 2/11f2013 3:25:50 PM (b11703) CSA Recertification 21612013 1:46:16 PM Online Clary Act Training Class for Campus Security Authorities 11/11/2011 4:13:33 PM Online Clary Act Training Class for Campus Security Authorities 31712013 7:27:08 PM CSA Recertification 2115/2013 1:24:12 PM Online Clery Act Training Class for Campus Security Authorities 11111/2011 4:04:56 PM Online Clary Act Training Class for Campus Security Authorities 3114/2013 5:33:15 PM CSA Recerti?cation 2/13/2013 5:03:30 AM Online Clary Act Training Class for Law Enforcement 11?1712012 2:03:10 AM Online Clery Act Training Class for Campus Security Authorities 1/1012012 3:58:21 AM Online Clary Act Training Class for Campus Security Authorities 12113112011 10:32:05 PM CSA Recerti?cation 3/25/2013 12: 17:04 PM Online Clary Act Training Class for Campus Security Authorities 312551013 1:24:29 PM CSA Recerti?cation 21812013 10:20:20 AM IOniine Clery Act Training Class for Campus Security Authorities 1 1:04:51 AM Online Clary Act Training Class for Campus Security ?thoritics 1 11291201 1 4:31:44 PM CSA Recerti?cation 32012013 4:28:09 PM SSA Recerti?cation 314/2013 12:40:48 PM ?p . (13103); {b10101 Online lery Act Training Class for Campus Security Authorities 1/3f2012 10:26:38 AM CSA Recerti?cation 4/1/2013 10:52:48 AM Online CIer Act Training Class for Law Enforcement 8129/2012 4:32:50 PM CSA Recertification 3111312013 4:16:53 PM Online Clery Act Training Class for Campus Security Authorities 11111612011 3:06:51 PM Online Clery Act Training Class for Campus Security Authorities 1 11171201 1 3:28:20 PM CSA Recertification 21712013 1 1:36:50 ANI Online Clary Act Training Class for Campus Security Authorities 3/1312013 5:28:16 PM CSA Recerti?cation 21132013 4:32:06 PM Online CIery Act Training Class for Law Enforcement 121261201 1 6:00:36 PM Online CIery Act Training Class for Campus Security Authorities 121112011 3:11:04 PM 1CSA Recerti?cation 31412013 9:55:33 AM Online Clery Act Training Class for Campus Security Authorities 11/2220] 1 10:40:50 AM Online Clery Act Training Class for Campus Security Authorities 214/2013 1:49:36 PM Dnline Clery Act Training Slass for Campus Security authorities 12!?!2011 8:39:03 PM ISA Recerti?cation 4/22/20] 3 1:32:01 PM Jnline Clery Act Training Ilass for Campus Security tuthorities 4f5f2013 12:26:54 PM (one); {b30103 CSA Recerti?cation 3/21/2013 11:09:11 AM Online Clery Act Training Class for Campus Security Authorities 1/3/2012 2:34:08 PM Online Clary Act Training Class for Campus Security Authorities 3/12/2012 3:09:02 PM CSA Recertification 2/11/2013 CSA Recertification 2/4/2013 4:29: 17 PM Online Clery Act Training Class for Law Enforcement 12/13/201 1 4:40:22 PM Online Clery Act Training Class for Campus Security Authorities 2/3/2013 3:25:34 PM Online Clery Act Training Class for Campus Security Authorities 2/22/2013 9:38:17 AM Online Clery Act Training Class for Campus Security Authorities 3/17/2013 4:22:55 PM CSA Recerti?cation 2/12/2013 2:15:26 PM Online Clery Act Training Class for Campus Security Authorities 12/7/201 1 10:56:40 AM Online Clery Act Training Class for Campus Security Authorities 12/19/2011 3:42:31 PM Online Clery Act Training Class for Campus Security Authorities 3/17/2013 2:55:36 PM CSA Recerti?cation 3/17/2013 3:42:56 PM CSA Recerti?cation 2/4/2013 7:08:20 PM Online Clery Act Training Class for Law Enforcement 2/4/2013 10:00:57 PM Online Clery Act Training Class for Law Enforcement 12/25/2011 5:57:28 PM Onlinc Clery Act Training 3/2/2013 {b11110} Class for Campus Security Authorities 1 :44:56 PM CSA Recerti?cation 2212:2013 11:05:23 AM Online Clery Act Training Class for Campus Security Authorities 11/211201] 10:37:18 PM Online lery Act Training Class for Campus Security Authorities 12/151201} Onlinc Clery Act Training Class for Campus Security Authorities 4f23f2013 11:16:01 AM Online Clery Act Training Class for Campus Security Authorities 11/14/2011 4:06:53 PM CSA Recerti?cation 3113/2013 3:03:18 PM Online Cler Act Training Class for Campus Security Authorities 41'11/2013 10:26:06 AM CSA Recerti?cation 25/2013 6:36:10 PM Online Clary Act Training Class for Law Enforcement 12/2030] 1 7:36:34 PM Online Clery Act Training Class for Campus Security Authorities 12!19f2011 2:01:15 PM CSA Recertification 511029013 12:10:18 PM rostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 ew Media Learning. LLC Preventing Sexual Harassment Last Name First Name Initial Department Version Score Date {533(0) Faculty 93% 5I4r2013 Faculty 93% 5!10f2013 Non?Supervisory 93% 521512013 Non?Supervisory 80% 5f1?f2013 Non-Supervisory 93% 5932013 Faculty 93% 5f24f2013 Student 86% 5(31f2013 Faculty 100% Non?Supervisory 93% 41?231?2013 Faculty 1 00% 3f22z?20 1 3 Non?S uperw?s cry 88% 3123,1901 3 Non?Supervisory 86% 3f29!201 3 Student 93% 2f4f2013 Faculty 86% 2f10f2013 Faculty 80% 2120/2013 .- Faculty 93% 2r24r2013 Supervisory 100% 3262013 Faculty 100% 121?11'2012 Supervisory 80% 12519012 Faculty 80% 12f?t2012 Faculty 100% 12522012 Faculty 86% 12f13f2012 Non-Supervisory 93% 12l14l2012 Supervisory 100% 11159012 Non?Supervisory 85% 11f8f2012 Non-Supervisory 93% 11i19l?2012 Con?nn Policy Read yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 th rought October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read Non-Supervisory 80% 11f26f2012 yes Student 80% 1011f2012 yes Faculty 100 10l1/2012 yes Refresher Non?supervisory 100% 1012.12012 yes tefresher Student Employee 100% 10f2!2012 yes Student 93 10i2l2012 yes Non~Superyisory 100% 10113201 2 yes Non-Supervisory 100% 10l3f2012 yes Non-Supervisory 88% 10132012 yes Non-Supervisory 88% 10/319012 yes Non-Supervisory 80% 1013f2012 yes Faculty 80% 10382012 yes Student 86% 10f4t2012 yes Non~SuperyisOry 88% 1 02188201 2 yes Non-Supervisory 100% 10l8!2012 yes Student 88% 10l15i2012 yes Faculty 88% 10l15i2012 yes Non-Supervisory 88% 10111512012 yes Non-Supervisory 93% 101?15l2012 yes Refresher Supervisory 90% 10118:?2012 yes Student 80% 10f18l'2012 yes Supervisory 100% 10l17l2012 yes Faculty 100% 10l28l2012 yes Faculty 80% 10f25f2012 yes Faculty 93% 10l30f2012 yes Non-Supervisory 93% 9f10l2012 yes New'Medla Learning, LLC Preventing Sexual Harassment mr-- - Last Name First Name Initial rostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Department {?3103}: (9)003} New Media Learning. LLC Preventing Sexual Harassment Con?rm Policy Version Score Date Read Student 93% 9M 11'2012 yes Non-Supervisory 100% 91612012 yes Non?Supervisory 100% 93249012 yes Faculty 93% 912812012 yes Faculty 88 8f6f2012 yes Faculty 100% 81052012 yes Faculty 80% Bf16r'2012 yes Faculty 88% 8!1?f2012 yes Faculty 93 8319,2012 yes Student 93% 312312012 yes Student 93% 812312201 2 yes Student 80% 31232012 yes Student 85% 8122312012 yes Student 100% 8i24l2012 yes Student 1 00% 8f24f2012 yes Student 93% 81024! 20 12 yes Faculty 93% 8i27i2012 yes Supervisory 93% 81602012 yes Non-Supervisory 00% 772122012 yes Supervisory 93% 71?91?2012 yes Non-Supervisory 93% 71101201 2 yes Student 86% 712012012 yes Non-Supervisory 93% W24i2012 yes Faculty 1 00% 1?1?261'2012 yes Faculty 80% 17301201 2 yes Supervisory 93% 5f9i2012 yes Last Name First Name lnitial Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15. 2013 Department {bye}; {bl?tci .w - pu? New Media Learning, LLC - Preventing Sexual Harassment Version Score Date Read Non-Supervisory Faculty Non-Supervisory Faculty Facuuy Non?Supervisory Student Non-Supervisory Non-Supervisory Student Student Faculty Faculty Supervisory Faculty Supervisory Non-Supervisory Faculty Facu?y Faculty Student Non-Supervisory Non-Supervisory Facu?y Faculty NonASuperyisory 93% 93% 80% 100% 80% 93% 100% 80% 100% 86% 86% 93% 93% 80% 100% 80% 100% 100% 5119/2012 51'281'2012 4f17f2012 4f18i'2012 31512012 3f27'12012 31'281'2012 20312012 2f13f2012 2t24i?2012 212512012 2f29f2012 10312012 11?1012012 111412012 1118/2012 11192012 1f24t'2012 100% 132812012 93% 113112012 93% 121?1912011 100% 12112112011 93% 1112/2011 93% 1111BI2011 93% 11/1812011 100% 11103912011 Con?rm Policy yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes Last Name First Name initial rostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 1 5, 2013 Department {b10031 Version Non-Supervisory Faculty Non~8uperyisory Facuhy Student Student Student Student Non-Supervisory Non-Supervisory N0n~3uperyisory Faculty terresh er Student Employee Faculty Refresher Non~supenrisory Faculty Student Non-Supervisory Non-Supervisory Supervisory Supervisory Facu?y Student Non?Supervisory Faculty Student New Media Learning, LLC Preventing Sexual Harassment Score Date 80% 11f30/2011 30% 10012011 35% 10? 0112011 100% 1011132011 100% 10119I2011 93% 10124f2011 80% 91112011 86% 9111201 1 93% 91112011 85% 9f1f2011 100% Qi?1i?201 1 93% 9.11.120 11 85% 91112011 93% 91?11'201 1 90% 91212011 100% 912201 1 100% 9161201 1 93% 92'61'2011 85% 9163201 1 93% 9161201 1 100% 9.1512011 85% 9151201 1 86% 1 86% 92'121'2011 80% 91151201 1 86% 9M 9/201 1 Con?rm Policy Read yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes Frestburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read {blt?l?i (WW3) Student 88% 8t 1 1l201 1 yes Student 93% 8l12f201 1 yes Faculty 83% 8l13l2011 yes Student 100% 8l1i'f2011 yes Faculty 88% 81077201 1 yes Non-Supervisory 88% 8l19l2011 yes Faculty 88% 8l20l201 1 yes Non-Supervisory 93% 8(22l201 1 yes Nun-Supervisory 93 8l22l201 1 yes Faculty 100% 8l22l2011 yes Non-Supervisory 100% 81232011 yes Non-Supervisory 100% 8l23l2011 yes Non?Supervisory 100% 8l23l?201 1 yea Non~8uperyisory 100% 8l24l201 1 yes Nen~Superylsory 83% 8l24l201 1 yes Faculty 85% 8l24l201 1 yes Faculty 93% 8l24l2011 yes Refresher Faculty 85% 8l25l201l yes Faculty 100% 8l28l2011 yes Faculty 100% 8l26l2011 yes Non-Supervisory 80% 8l30l201 1 yes Non-Supervisory 88% 8l30l201 1 yes Non-Supervisory 03% 8l31l2011 yes Nun-Supervisory 88% 8l31l2011 yes Nun-Supervisory 80% 813 02011 yes Faculty 88% ir'l14l2011 yes New Media Learning, LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read 031(6); (WHO) Supervisory 93% 7i21f2011 yes Student 93% 4f9f201 1 yes Student 85% 4t91201 1 yes Faculty 93% 41?201201 1 yes Faculty 100% 402512011 yes Non-Supervisory 100% 317120 11 yes Faculty 86% 1!?!2011 yes Faculty 86% 111012011 yes Faculty 100% 1f10f2011 yes Faculty 93% 111012011 yes Non-Supervisory 86% 111012011 yes Non~Superyisory 86% 112532011 yes Supervisory 80% 11281201 1 yes Faculty 35% 0291201 1 yes Faculty 93% 121302010 yes Faculty 100% 12l161'2010 yes Faculty 80% 11002010 yes Faculty 100% 11171201 0 yes Faculty 93% 111812010 yes Faculty 80% 11191?201 0 yes Faculty 80% 111912010 yes Non-Supervisory 100% 103012010 yes Refresher Faculty 90% 9f3f2010 yes Faculty 86% 91312010 yes Non-Supervisory 100% 9012010 yes Non-Supervisory 100% 91819010 yes New Media Learning, LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm 9 Policy Last Name First Name initial Department Version Score Date Read (?5?me Non-SupewisOry 100% 9:20:2010 yes Faculty 86% 9f28f2010 yes Student 88% 9f26l'2010 yes Non-Supervisory 80% 92712010 yes Non-Supervisory 100% 9902010 yes Non~Superyisory 100% 91289010 yes Non?SupervisOry 93% 92912010 yes Refresher Non-supervisory 100% 81222010 yes Refresher Non-supervisory 85% 8f3f2010 yes Refresher Non-supervisory 85% 8l3f2010 yes Refresher Faculty 100% 8l3l2010 yes Non-Supervisory 86% 8f3f2010 yes Non-Supervisory 88% 8f3f2010 yes Non-Supervisory 93% 8f3f2010 yes Refresher Non-Supervisory 85% Elf-42010 yes Faculty 88% 8f4f2010 yes Supervisory 100% 81712010 yes Refresher Faculty 100% 8f?f2010 yes Refresher Faculty 90% 8191?201 0 yes Faculty 93% 8l10l2010 yes Refresher Faculty 95% 8l13l?2010 yes Refresher Faculty 90% Bit E02010 yes Supervisory 93% 8f18f2010 yes Faculty 100% 8f16f2010 yes Faculty 100% 8l1?f2010 yes Refresher Faculty 85% 8l18f2010 yes New Media Learning, LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm . Policy Last Name First Name initial Department Version Score Date Read {bll?li Non-Supervisory 100% 8f18l2010 yes Refresher Faculty 90% 8l19l2010 yes Faculty 93% 810912010 yes Faculty 100% 8f19l2010 yes Faculty 100% 8H 9l2010 yes Non-Supervisory 93% 8f19l2010 yes Faculty 80% 8f19l2010 yes Refresher Faculty 95% 8l19l2010 yes Refresher Faculty 85% 8l20l2010 yes Faculty 93% 8l24l2010 yes Faculty 100% 81232010 yes Faculty 93% 8f25l2010 yes Refresher Faculty 100% 8f26l2010 yes Faculty 93% 8f25l2010 yes Refresher Faculty 85% 8l29i2010 yes Refresher Faculty 90% i'l1l2010 yes Refresher Faculty 85% i?l1l2010 yes Refresher Faculty 85% i'l1l2010 yes Refresher Faculty 90% 7?l1l2010 yes Refresher Non~superyisory 85% 7r2r2e10 yes Faculty 100% ?f?l2010 yes Refresher Faculty 90% 7l7l2010 yes Refresher Non-supervisory 100% 7l8l2010 yes Refresher Faculty 90% 7l8l2010 yes Refresher Faculty 90% Tl8l2010 yes Refresher Supervisory 95% ?l8l2010 yes New Media Learning. LLC Preventing Sexual Harassment Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read (blt?ii {bifftCi Refresher Supervisory 100% ff8f2010 yes Refresher Faculty 90% W8f2010 yes Refresher Supervisory 85% W8f2010 yes Refresher Faculty 90% W8f2010 yes Refresher Faculty 100% yes Refresher Faculty 95% W8f2010 yes Faculty 05% W8f2010 yes Refresher Faculty 90% W9f2010 yes Faculty 88% W9f2010 yes Refresher Faculty 100% yes Faculty 100% W9f2010 yes Refresher Supervisory 85% W10f2010 yes Refresher Supervisory 100% W11f2010 yes Refresher Faculty 90% W12f2010 yes Refresher Faculty 100% W14l2010 yes Refresher Faculty 05% W14f2010 yes Refresher Faculty 85% W15f2010 yes Non-Supervisory 80% W16f2010 yes Refresher Non-supervisory 90% W1 E02010 yes Refresher Faculty 90% W18f2010 yes Refresher Non-supervisory 85% W18r2010 yes Refresher Supervisory 100% W19f2010 yes Refresher Faculty 95% W19f2010 yes Refresher Non-supervisory 100% W19f2010 yes Refresher Faculty 100% W19l2010 yes Supervisory 93% W20l2010 yes 10 New Media Learning. LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read {bliB}; Non-Supervisory 86% 71202010 yes Non-Supervisory 93% Tl20l2010 yes Refresher Supervisory 95% 7i20l2010 yes Refresher Faculty 90% Yi20l2010 yes Faculty ?00% 7I'20i2010 yes Refresher Faculty 90% 7920:2010 yes Faculty 93% 7f20l2010 yes Refresher Faculty 95% I?f20l2010 yes Non-Supervisory 93% 7020:0010 yes Non?Supervisory 86% ?f20f2010 yes Supervisory 88% 7f20f2010 yes Faculty 93% 7f20l2010 yes Refresher Faculty 90% Tf20l2010 yes Non-Su pervisory 93% 7f20f2010 yes Refresher Supervisory 85% 7720:9910 yes Faculty 93% 702012010 yes Non-Supervisory 88% 7l21l2010 yes Non-Supervisory 80% Tl21l2010 yes Refresher Supervisory 90% 792112010 yes Refresher Faculty 90% Yl21l2010 yes Refresher Faculty 100% Yf21f2010 yes Refresher Faculty 85% 792112010 yes Refresher Faculty 85% ?l21f2010 yes Refresher Faculty 95% W2ll2010 yes Faculty 93% 79202010 yes Faculty 88% 3921:9010 yes 1 1 New Media Learning, LLC Preventing Sexual Harassment Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Confirm Policy Last Name First Name Initial Department Version Score Date Read (WHO) Refresher Faculty 100% 70202010 yes Faculty 100% 7f21f2010 yes Refresher Faculty 90% 71202010 yes Refresher Faculty 90% ?#222010 yes Refresher Faculty 90% i'f22i2010 yes Faculty 88% 7f22f2010 yes Faculty 100% i'f22f2010 yes Refresher Non-supervisory 100% 7f22f2010 yes Refresher Non-supervisory 100% ?r?f2212010 yes Faculty 80 772202010 yes Refresher Faculty 90% i'l22f2010 yes Refresher Non-supervisory 100% 7f23f2010 yes Refresher Non-supervisory 85% 7f23f2010 yes Refresher Non-Supervisory 100% 7f23f2010 yes Non-Supervisory 80% Yf2312010 yes Non-Supervisory 86% 'r'f23r?2010 yes Non-Supervisory 100% Yf23f2010 yes Refresher Faculty 95% Ti23f2010 yes Non-Supervisory 93% 7f23f2010 yes Refresher Faculty 100% 7f23f2010 yes Refresher Faculty 85% 70240010 yes Refresher Faculty 90% 7i24f2010 yes Refresher N0n~supervisory 100% ff28r?2010 yes Refresher Faculty 90% ?f28f2010 yes Faculty 93% i'f2612010 yes Refresher Faculty 35% 7r25r2010 yes 12 New Media Learning. LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read Refresher Faculty 90% rr2rr2010 yes Refresher Faculty 90% 1"}201201 0 yes Refresher Faculty 100% i'f28f2010 yes Non-Supervisory 86% i'r?28l2010 yes Refresher Faculty 100% 79912010 yes Refresher Faculty 95% 7f29r?2010 yes Refresher Non?supervisory 85% 71309010 yes Refresher Non-supervisory 95% 7l30f2010 yes Refresher Non-supervisory 90% $112010 yes Faculty 86% Bl1r?2010 yes Refresher Supervisory 95% 6f1l2010 yes Refresher Non-supervisory 85% 6f1l2010 yes Refresher Faculty 95% 5f1l2010 yes Refresher Non-supervisory 90% 5f1l2010 yes Refresher Faculty 55% 5f2f2010 yes Refresher Supervisory 90% Bl2f2010 yes Refresher Faculty 85% 612l2010 yes Refresher Facutty 90% 6l2l2010 yes Refresher Supervisory 100% 5l2l2010 yes Refresher Supervisory 90% 6f2f2010 yes Refresher Supervisory 05% ?l2r?2010 yes Faculty 80% 6l2f2010 yes Refresher Supervisory 90% 5f2r?201 0 yes Refresher Non-supervisory 85% 6l2f201 0 yes Refresher Faculty 90% 6l2f2010 yes Refresher Faculty 85% 6f2l2010 yes 13 New Media Learning. LLC Preventing Sexual Harassment Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read {bxm' Refresher Non-supervismy 95% 5f2f2010 yes Refresher Faculty 1 00% 0f2f2010 yes Refresher Supervisory 85% 6i2f2010 yes Refresher Facufty 100% 6f2f2010 yes Refresher Non-supervisory 90% $212010 yes Refresher Non-supervisory 90% 6f2f2010 yes Refresher Faculty 95% 6i2f2010 yes Refresher Supervisory 85% 6f2f2010 yes Refresher Faculty 90% 0l2f2010 yes Refresher Supervisory 90% 6f2f2010 yes Refresher Faculty 95% 6f2f2010 yes Refresher Supervisory 100% Bf2i2010 yes Refresher Supervisory 05% 51212010 yes Refresher Faculty 95% 61212010 yes Refresher Non-supervisory 90% 51212010 yes Non-Supervisory 93 6f2f?201 0 yes Refresher Non-supervisory 90% 5f2f2010 yes Refresher Faculty 95% 6f2t2010 yes Faculty 100% 6121201 0 yes Refresher Supervisory 85% 6f2f2010 yes Refresher Nonesupervisory 100% 6f3f2010 yes Supervisory 100% 6l3f2010 yes Faculty 93% 5f3f2010 yes Refresher Faculty 95% 5f3f2010 yes Refresher Non-supervisory 90% 6f3f2010 yes Faculty 100% 6f3r?2010 yes 14 New Media Learning, LLC Preventing Sexual Harassment Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Confirm Policy Last Name First Name Initial Department Version Score Date Read (bil'flC) Refresher Non-superviSory 95% 6f3f2010 yes Faculty 88% 6312010 yes Faculty 88% 6f4i2010 yes Refresher Non-supervisory 85% 6f4r2010 yes Student 86% 8f4f2010 yes Refresher Non-supervisory 90% 5f4f2010 yes Non-Supervisory 93% 6l6f2010 yes Faculty 100% 616f2010 yes Refresher Non-supervisory 95% 6!?f2010 yes Refresher Faculty 85% 6!?!2010 yes Refresher Supervisory 90% Bf7i2010 yes Supervisory 100% 5i7f2010 yes Refresher Faculty 85% 63832010 yes Refresher Supervisory 90% 6f8f2010 ,yes Refresher Faculty 100% 6f8f2010 yes Refresher Faculty 85% 6i8f2010 yes Refresher Non-su pervisory 100 6f8f201 0 yes Refresher Faculty 90% 6i8f2010 yes Refresher Faculty 90% 5f8l2010 yes Refresher Supervisory 95% 6f8i?2010 yes Refresher Supervisory 95% 6f8l2010 yes Refresher Supervisory 100% 6f8f2010 yes Student 93% 6f8i2010 yes Non-Supervisory 93% 6f3f2010 yes Refresher Faculty 100% 6i9f2010 yes Refresher Faculty 85% 5i9i2010 yes 15 New Media Learning, LLC Preventing Sexual Harassment Mastery Test Results Frostburg State University Preventing Sexual Harassment September 201 0 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read (131(5); 000(0) Refresher Faculty 85% 5192010 yes Refresher Non-supervisory 90% 5.912010 yes Refresher Faculty 100% 51110112010 yes Refresher Faculty 100% 51110112010 yes Supervisory 93% 5f10f2010 yes Faculty 93% 8? 1.12010 yes Refresher Faculty 100% SM 1.12010 yes Refresher Faculty 90% 8I11f2010 yes Refresher Faculty 95% SH 1112010 yes Refresher Faculty 90% BM 1112010 yes Refresher Faculty 95% BM 1.12010 yes Refresher Non?supervisory 90% SH 1.12010 yes Refresher Non-supervisory 100% Bf11l2010 yes Refresher Non-supervisory 100% 5f11r?2010 yes Supervisory 80% 5.113.12010 yes Refresher Faculty 90% 5111312010 yes Refresher Supervisory 90% 511142010 yes Refresher Faculty 85% sr14r201 0 yes Refresher Faculty 90% 5f15l2010 yes Refresher Non?supervisory 85% 6f15f2010 yes Student 93% 6f15f2010 yes Faculty 100% 5f15r?201 0 yes Faculty 100% EN 51'2010 yes Refresher Supervisory 100% 5f151'2010 yes Refresher Non?supervisory 95% 5f15f2010 yes Refresher Non-supervisory 100% 6f16f2010 yes Preventing Sexual Harassment 15 New Media Learning. LLC Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 through! October 15, 201 3 Confirm Policy Last Name First Name Department Version Score Date Read (13115); {loll?11(3) Refresher Faculty 85% 611612010 yes Refresher Nonesupervisory 95% 511512010 yes Refresher Supervisory 95% 511612010 yes Refresher Non-supervisory 100% 511612010 yes Refresher Supervisory 90% 511512010 yes Refresher Non?supervisory 55% 611612010 yes Refresher Faculty 90% 511612010 yes Refresher Non-supervisory 90% 511512010 yes Refresher Non?supervisory 100% 511612010 yes Refresher Non-supervisory 100% 511612010 yes Refresher Non-supervisory 90% 611512010 yes Refresher Supervisory 95% 611612010 yes Refresher Nonssupervisory 90% 611612010 yes Refresher Supervisory 90% 511512010 yes Refresher Supervisory 95% 511612010 yes Refresher Non-supervisory 100% 511512010 yes Refresher Faculty 85% 611512010 yes Refresher Faculty 100% 511612010 yes Refresher Faculty 95% 511612010 yes Refresher Faculty 95% 511512010 yes Refresher Non~supervlsory 55% 611612010 yes Refresher Non~supervisory 90% 511612010 yes Faculty 100% 511512010 yes Refresher Non-supervisory 9 511512010 yes Refresher Nomeupervisory 85% 511612010 yes Faculty 100% 611612010 yes 1? New Media Learning, LLC Preventing Sexual Harassment Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name tnitiat Department Version Score Date Read {Wax (mum Refresher Supervisory 95% 611612010 yes Faculty 93% 61161201 0 yes Refresher Faculty 100% 611612010 yes Refresher Faculty 90% 611612010 yes Refresher Supervisory 100% 611 712010 yes Refresher Non-supervisory 90% 611712010 yes Refresher Supervisory 100% 611 11201 0 yes Refresher Faculty 95% 611112010 yes Student 100% 611712010 yes Refresher Supervisory 65% 611 T1201 0 yes Refresher Faculty 100% 611812010 yes Refresher Faculty 85% 611612010 yes Refresher Non-supervisory 95% 611812010 yes Refresher Faculty 95% 611812010 yes Refresher Faculty 100% 11112003 yes Refresher Supervisory 90% 611912010 yes Refresher Faculty 100% 611912010 yes Studerrt 100% 611912010 yes Refresher Faculty 100% 611912010 yes Student 86% 611912010 yes Refresher Faculty 90% 611912010 yes Refresher Faculty 65% 612012010 yes Refresher Faculty 90% 612012010 yes Refresher Supervisory 95% 612012010 yes Non?SUpeWisory 60% 612112010 yes Refresher Faculty 90% 612112010 yes Preventing Sexual Harassment 18 New Media Learning LLC Last Name First Name Initial Department Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 0331703) New Media Learning, LLC Con?rm Policy Version Score Date Read Refresher Faculty 90% 5f21f2010 yes Refresher Non-supervisory 95% 5f21f2010 yes Refresher Non?supervisory 100% 5i21i2010 yes Supervisory 100% 62212010 yes Refresher Non-supervisory 100% 5f21f2010 yes Refresher Nonesupervisory 85% 6f21f2010 yes Refresher Supervisory 90% 5f21f2010 yes Refresher Non?supervisory 35% 6152112010 yes Refresher Supervisory 90% 0f21f2010 yes Refresher Non?supervisory 90% 52112010 yes Faculty 100% 61?211?201 0 yes Refresher Faculty 35% 51202010 yes Refresher Non-supervisory 90% 5f22f2010 yes Refresher Non-supervisory 95% 6232010 yes Refresher Supervisory 95% 6122219010 yes Refresher Non-supervisory 100% 69222010 yes Refresher Faculty 85% 6f22i?2010 yes Non-Supervisory 86% 60232010 yes Refresher Faculty 95% Bf23i2010 yes Refresher Supervisory 95% 6232010 yes Non-Supervisory 100% 6f23i2010 yes Refresher Supervisory 95% 6f24f2010 yes Refresher Supervisory 90% 5i24i2010 yes Refresher Faculty 95% 6f24f2010 yes Refresher Non~supervisory 85% 612412010 yes Refresher Nonesupervisory 85% 5f24i?201 0 yes Preventing Sexual Harassment 19 Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read (bli??b?ffcl Refresher Faculty 95% 6124:2010 yes Refresher Faculty 95% 6!24l2010 yes Refresher Supervisory 100% EJ242010 yes Refresher Non-supervisory 85% 5l24l2010 yes Refresher Faculty 100% 6l24l2010 yes Refresher Supervisory 85% 6f24f2010 yes Refresher Faculty 100% sr24r2010 yes Refresher Faculty 90% 6l24l2010 yes Refresher Non-supervisory 95% 8l24l2010 yes Refresher Faculty 100% 6l24l2010 yes Refresher Supervisory 85% Bl24l2010 yes Refresher Supervisory 90% ?l24l2010 yes Refresher Faculty 100% Sl24l2010 yes Refresher Faculty 100% Sl24l2010 yes Refresher Supervisory 90% 5f24l2010 yes Refresher Faculty 100% 6l24l2010 yes Faculty 86% yes Refresher Nonvsupervisory 95% 6l24l2010 yes Refresher Supervisory 95% 5l24l2010 yes Refresher Nonesupervisory 90% 6f25l2010 yes Refresher Non supervisory 90% Sl25f2010 yes Refresher Faculty 90% 6l25f2010 yes Refresher Non-supervisory 95% 6252010 yes Refresher Faculty 90% 6f25f2010 yes Refresher Faculty 85% Bl25l2010 yes Refresher Non?supervisory 85% 5f26l2010 yes New Media Learning. LLC Preventing Sexual Harassment f) Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read (b11531 {b10103 Refresher Faculty 90% sr27r2o1c yes Faculty 93% 612 302010 yes Refresher Non-supervisory 95% 61'2812010 yes Refresher Supervisory 100% 81281201 0 yes Non-Supervisory 86 6f28l2010 yes Refresher Supervisory 95% 6l28l2010 yes Refresher Faculty 95% ?l28f2010 yes Refresher Faculty 85% 612812010 yes Refresher Non-supervisory 100% 8128:2010 yes Refresher Supervisory 90% 8112812010 yes Refresher Supervisory 100% Elf-380010 yes Refresher Non-supervisory 95% Sf28f2010 yes Refresher Non~supervisory 95% 6f28f2010 yes Refresher Supervisory 100% 61282010 yes Faculty 85% 6f28f2010 yes Refresher Faculty 100% Bl28l2010 yes Refresher Supervisory 85% 812912010 yes Refresher Non-supervisory 90% 6i29l2010 yes Refresher Supervisory 85% 6f29f2010 yes Refresher Supervisory 85% 6(291201 0 yes Refresher Faculty 95% Bf29l2010 yes Refresher Non-supervisory 100% 81292010 yes Refresher Non-supervisory 100% 8f29f2010 yes Refresher Non-supervisory 90% 69912010 yes Refresher Supervisory 90% 6f29f2010 yes Refresher Faculty 95% 612912010 yes New Media Learning. LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Confirm Policy Last Name First Name Initial Department Version Score Date Read Refresher Non-supervisory 95% 812912010 yes Refresher Non?supervisory 95% 812912010 yes Refresher Faculty 90% 812912010 yes Faculty 100% 812912010 yes Refresher Non-supervisory 90% 812912010 yes Refresher Non-supervisory 85% 812912010 yes Refresher Faculty 90% 812912010 yes Refresher Faculty 85% 812912010 yes Refresher Faculty 100% 812912010 yes Refresher Faculty 100% 812912010 yes Refresher Faculty 100% 812912010 yes Refresher Faculty 85% 812912010 yes Refresher Supervisory 85% 812912010 yes Refresher Non-supervisory 100% 813012010 yes Refresher Non-supervisory 100% 813012010 yes Refresher Supervisory 100% 813012010 yes Refresher Faculty 85% 813012010 yes Refresher Non-supervisory 85% 813012010 yes Refresher Non-supervisory 90% 813012010 yes Refresher Non-supervisory 100% 813012010 yes Refresher Faculty 95% 813012010 yes Refresher Non-supervisory 95% 813012010 yes Refresher Faculty 95% 813012010 yes Faculty 93 813012010 yes Refresher Facuin 95% 813012010 yes Refresher Faculty 90% 813012010 yes New Media Learning, LLC Preventing Sexual Harassment to.? Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Confirm Policy Last Name First Name Initial Department Version Score Date Read (b11511; {b11710} Refresher Faculty 55% 613012010 yes Refresher Faculty 90% 513012010 yes Refresher Faculty 90% 613012010 yes Refresher Non-supervisory 95% 513012010 yes Refresher Faculty 100% 513012010 yes Refresher Faculty 95% 513012010 yes Refresher Faculty 100% 613012010 yes Refresher Faculty 100% 513012010 yes Refresher Faculty 90% 613012010 yes Refresher Supervisory 100% 513012010 yes Faculty 93% 513012010 yes Refresher Faculty 90% 513012010 yes Refresher Non-supervisory 95% 51112010 yes Refresher Supervisory 95 51112010 yes Refresher Non?supervisory 95% 51112010 yes Refresher Non-supervisory 90% 51112010 yes Faculty 93% 51212010 yes Refresher Faculty 95% 51212010 yes Refresher Non-supervisory 95% 51312010 yes Refresher Non-supervisory 90% 51312010 yes Refresher Supervisory 100% 51312010 yes Refresher Non-supervisory 90% 51312010 yes Refresher Non-supervisory 95% 51312010 yes Refresher Non-supervisory 100% 51312010 yes Non-Supervisory 85% 51312010 yes Non-Supervisory 93% 51312010 yes Preventing Sexual Harassment 23 New Media Learning. LLC Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read (111(5)? ?3mm Refresher Facutty 90% 51412010 yes Refresher Non-supervisory 100% 51412010 yes Refresher Supervisory 85% 51512010 yes Refresher Supervisory 100% 51512010 yes Refresher Supervisory 95% 51512010 yes Refresher Facutty 90% 51512010 yes Refresher Non-supervisory 90% 51512010 yes Refresher Non-supervisory 90% 51512010 yes Refresher Non~supervisory 100% 51512010 yes Refresher Supervisory 100% 51512010 yes Refresher Non?supervisory 100% 51612010 yes Refresher acuftty 90% 51612010 yes Refresher Supervisory 85% 51612010 yes Refresher Faculty 95% 51612010 yes Refresher Faculty 90% 51612010 yes Refresher Non-supervisory 95% 51512010 yes Refresher Faculty 95% 51612010 yes Refresher Faculty 85% 51612010 yes Refresher Faculty 100% 51512010 yes Refresher Supervisory 95% 51512010 yes Supervisory 95% 51912010 yes Refresher Supervisory 85% 51512010 yes Refresher Supervisory 90% 51512010 yes Refresher Supervisory 90% 51612010 yes Refresher Supervisory 100% 51612010 yes Supervisory 93% 51612010 yes New Media Learning, LLC Preventing Sexual Harassment 24 Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name initial Department Version Score Date Read (bii?iibiifici Refresher Faculty 95% 5f6f2010 yes Refresher Non-supervisory 85% 5072010 yes Refresher Non-supervisory 90% 5052010 yes Refresher Non-supervisory 95% 5012010 yes Refresher Supervisory 85% 50020 1 0 yes Refresher Supervisory 95% 5f?f2010 yes Refresher Nonesupervisory 90% 5f?i2010 yes Refresher Non-supervisory 95% 5fo2010 yes Refresher Faculty 95% 58201 0 yes Refresher Supervisory 85% 5i9i2010 yes Refresher Faculty 95% 5102010 yes Refresher Faculty 05% 5f10f20f0 yes Refresher Supervisory 90% 5M 0/2010 yes Refresher Nan-supervisory 95% 5f10f2010 yes Refresher Non~supervisory 90% 5:10/2010 yes terresher Student Employee 95% 5i10i2010 yes Non-Supervisory 93% 50 003010 yes Refresher Non-supervisory 55% 5f10i2010 yes Refresher Non-supervisory 100% 5?1 02010 yes Refresher Supervisory 95% 5f11f2010 yes Refresher Supervisory 100% SN 11?201 0 yes Refresher Non-supervisory 90% 5?1 1f201 0 yes Refresher Non-supervisory 90% 5f11f2010 yes Refresher Faculty 05% 5f11f2010 yes Refresher Non-supervisOry 95% 5f11f2010 yes Refresher Non-supervisory 85% 5r11r2010 yes New Media Learning. LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Confirm Policy Last Name First Narne initial Department Version Score Date Read (mine) Refresher Non-supervisory 90% SH 1f2010 yes Facuily 93% 5f1 112010 yes Refresher Supervisory 85% 5/1 1f2010 yes Refresher Non-supervisory 85% 5f12f2010 yes Refresher Faculty 85% 51?122'2010 yes Refresher Non-supervisory 90% 5f12f2010 yes Refresher Non-supervisory 100% 5312112010 yes Refresher Supervisory 90% 5f12f2010 yes Refresher Non-supervisory 100% 5f12f2010 yes Refresher Non-supervisory 90% 51212010 yes Refresher Supervisory 95% 5f12f2010 yes Supervisory 88% 5f12f2010 yes Refresher Non-supervisory 85% 5f12f2010 yes Refresher Supervisory 90% 5f12f2010 yes Refresher Non-supervisory 85% 5f12f2010 yes Refresher Non-supervisory 85% 5f12f2010 yes 'Refresher Non-supervisory 100% 5i13!2010 yes Refresher Supervisory 85% 511312010 yes Refresher Non-supervisory 85% 5f13f2010 yes Refresher Non-supervisory 100% 5f13f2010 yes Refresher Facufty 100% SN 3122010 yes Refresher Non-supervisory 100% 5f13f2010 yes Refresher Supervisory 95% 5f13f2010 yes tefresher Non?supervisory 85% 5f13f2010 yes Refresher Non-supervisory 85% 5f13f2010 yes Refresher Faculty 85% 5f13f2010 yes Preventing Sexual Harassment 25 New Media Learning, LLC - Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read (085101710) Supervisory 100% 5r13r2010 yes Refresher Non-supervisory 85% 511102010 yes Refresher Faculty 100% 51131?2010 yes Refresher Faculty 85% 511412010 yes Refresher Non~supenrisory 85% 5f1412010 yes Non-Supervisory 80% 5l14I2010 yes Refresher Faculty 100% 5l1412010 yes Refresher Non-supervisory 05% 5114412010 yes Refresher Non-supervisory 100% 5f14f2010 yes Refresher Faculty 00% 51141201 0 yes Refresher Faculty 00% 5l15f2010 yes Refresher Faculty 85% 5f18f2010 yes Refresher Faculty 85% 5f1?!2010 yes Refresher Non-supervisory 05% 511712010 yes Refresher Supervisory 00% 5f1i'r'2010 yes Refresher Faculty 05% 5f1i?1?2010 yes Refresher Supervisory 85% 5f1?f2010 yes Refresher Non-supervisory 95% yes Refresher Faculty 00% 5f1?12010 yes Refresher Non-supervisory 05% 5f1?l2010 yes Refresher Supervisory 05% 5f18r?201 0 yes Refresher Non-supervisory 00% 5f18l2010 yes Refresher Faculty 100% 5f18f2010 yes Refresher Faculty 100% 5f18!2010 yes Refresher Non-supervisory 05% 5f18l2010 yes Faculty 03% 5f18f2010 yes New Media Learning, LLC Preventing Sexual Harassment - Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read Refresher Non-supervisory 90% snarzem yes Refresher Non-supervisory 100% 51812010 yes Refresher Supervisory 95% 511812010 yes Refresher Non-supervisory 95% SH 8i2010 yes Refresher Supervisory 90% 511912010 yes Refresher Non-supervisory 95% 511912010 yes Refresher Supervisory 85% 511912010 yes Refresher Non-supervisory 95% 511912010 yes Refresher Faculty 95% 5! 1912010 yes Refresher Nonesupervisory 100% 5f20i2010 yes Refresher Supervisory 90% 5209010 yes Refresher Non-supervisory 90% 5i20f2010 yes Refresher Faculty 100% 5120:?2010 yes Refresher Non-supervisory 95% 512012010 yes Refresher Non-supervisory 95% 5121112010 yes r' Refresher Non~supervisory 95% 51202010 yes Refresher acully 100% 512212010 yes Refresher Faculty 100% 5/22i2010 yes Refresher Non-supervisory 85% 512212010 yes Refresher Non~supervisOry 85% 512412010 yes Refresher Non-supervisory 90% 5(2412010 yes Refresher Non~supervisory 95% 5i24f2010 yes Refresher Facully 85% 5i24i2010 yes Refresher Non~supervisory 85% 5f24i2010 yes Faculty 85% 5r24r2010 yes Refresher Supervisory 95% 512412010 yes New Media Learning, LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Confirm f" Policy Last Name First Name initial Department Version Score Date Read Refresher Faculty 85% 512412010 yes Refresher Supervisory 95% 512412010 yes Refresher Supervisory 85% 512412010 yes Refresher Non~supervisory 85% 512412010 yes Refresher Faculty 100% 512412010 yes Refresher Non-supervisory 85% 512412010 yes Non ~Supervisory 1 00% 5124120 10 yes Refresher Supervisory 95% 512412010 yes Refresher Faculty 100% 512412010 yes Refresher Non-supervisory 90% 512412010 yes Refresher Faculty 90% 512412010 yes Refresher Supervisory 85% 512412010 yes Refresher Faculty 85% 512412010 yes s. Refresher Non?so pervisory 90 5124120 1 0 yes Refresher Faculty 90% 512412010 yes Refresher Supervisory 85% 512412010 yes Refresher Non-supervisory 95% 512412010 yes Refresher Faculty 85% 512412010 yes Refresher Faculty 85% 512412010 yes Refresher Faculty 90% 512412010 yes Refresher Faculty 90% 512412010 yes Refresher Faculty 95% 512512010 yes Refresher Faculty 85% 512512010 yes Refresher Faculty 90% 512512010 yes Refresher Non-supervisory 95% 512512010 yes Refresher Non-supervisory 90% 512512010 yes New Media Learning, LLC Preventing Sexual Harassment Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15. 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read (133(0); Refresher Faculty 35% 5f25f2010 yes Refresher Supervisory 35% 5f25f2010 yes Refresher Faculty 95% 52512010 yes Non-Supervisory 100% 5f25f2010 yes Refresher Non?supervisory 35% 51252010 yes Refresher Faculty 95% 5f25r'2010 yes Refresher Non-supervisory 100% 5l25f201c yes Supervisory 93% 5f25!2010 yes Faculty 100% 5f25l2010 yes Faculty 100% 5f25l2010 yes Refresher Faculty 90% 5252010 yes Refresher Non-supehviscry 85% 5f25l?201 0 yes Refresher Faculty 100% 5l26l2010 yes Refresher Faculty 100% 5f25f2010 yes Refresher Supervisory 95% 5f26f2010 yes Refresher Nonwsupervisory 90% 519612010 yes Refresher Supervisory 35% 52612010 yes Refresher Supervisory 95% 52612010 yes Refresher Non-supervisery 85% 5f26f2010 yes Refresher Non~sopervisory 90% 5f26f2010 yes Refresher Ncn~supervisory 90% 5f2?f2010 yes Refresher Supervisory 95% 51282010 yes Refresher Faculty 90% 5f28f2010 yes Refresher Faculty 95% 5f28f2010 yes Refresher Non?supervisory 90% 5f28f2010 yes Refresher Supervisory 90% 5f28l2010 yes 30 New Media Learning. LLC - Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 - New Media Learning. LLC Confirm Policy Last Name First Name initial Department Version Score Date Read (131(5); (b10031 Refresher Faculty 95% 58112010 yes Supervisory 93% 41512010 yes Refresher Non-supervisory 100% 4272010 yes Refresher Supervisory 95% 4f?!2010 yes Refresher Non-supervisory 90% 4t8r'2010 yes Refresher Non-supervisory 95% 41812010 yes Refresher Faculty 90% 4f 12.12010 yes Refresher Faculty 85% 41121201 0 yes Refresher Non-supervisory 90% 411212010 yes Refresher Non?supervisory 85% 411212010 yes Refresher Faculty 90% 41'121'2010 yes Refresher Nonwsupervisory 90% 4f1212010 yes Refresher Non-supervisory 100% 411212010 yes Refresher Non-supervisory 90% 4112112010 yes Refresher Suriervisory 90% 411212010 yes Refresher Faculty 100% 411212010 yes Refresher Faculty 90% 411212010 yes Refresher Faculty 85% 411212010 yes Refresher Faculty 100% 4/1212010 yes Refresher Supervisory 85% 411212010 yes Refresher Supervisory 90% 411212010 yes Non-So pervisory 93% 411212010 yes Refresher Faculty 85% 411212010 yes Refresher Non-supervisory 90% 41'121'2010 yes Refresher Faculty 90% 41110201 0 yes Refresher Supervisory 90% 411212010 yes Preventing Sexual Harassment 31 I'ro Irv-n Last Name First Name Initial Mastery Test Results Department Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 {133(5): 0331703} New Media Learning, LLC: Confirm Policy Version Score Date Read Refresher Non-supervisory 85% 4f12f2010 yes Refresher Faculty 90% 4f12f2010 yes Refresher Supervisory 95% 4f12f2010 yes Refresher Faculty 90% 4f12f2010 yes Refresher Non-supervisory 85% 4f12i2010 yes Refresher Non-supervisory 95% 4f12f2010 yes Refresher Faculty 90% 4f12f2010 yes Refresher Non-supervisory 00% 411203010 yes Refresher Supervisory 100% 4f12!2010 yes Refresher Non~supervisory 100% 4f1232010 yes Refresher Faculty 85% 4!12!2010 yes Refresher Faculty 100% 4f12f2010 yes Refresher Supervisory 95% 4f12f2010 yes Refresher Faculty 100% 411212010 yes Refresher Non-supervisory 100% 4f12f2010 yes Refresher Non-sUpervisory 100% 4f12f2010 yes Refresher Non-supervisory 85% 410211201 0 yes Refresher Non-supervisory 100% 4f12f2010 yes Refresher Non~supervisory 100% 101 212010 yes Refresher Supervisory 100% ?01 21201 0 yes Refresher Non-supenriscry 95% 4f12f2010 yes Refresher Non-supervisory 100% 401212010 yes Refresher Faculty 85% 4f12f2010 yes Refresher Supervisory 90% 4f12f2010 yes Refresher Non?supervisory 100% 401212010 yes Refresher Non-supervisory 100% 4f12f2010 yes 32 Preventing Sexual Harassment Mastery Test Results rostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 New Media Learning. LLC - - . Con?rm Policy Last Name First Name initial Department Version Score Date Read (Wm Refresher Faculty 35% 4f12f2010 yes Refresher Non-supervisory 90% 411 21201 0 yes Refresher Non-supervisory 95% 4f12f2010 yes Refresher Supervisory 95% 4f12f2010 yes Refresher Faculty 100% 4112:2010 yes Refresher Supervisory 95% 4r'12f2010 yes Refresher Non~supervisory 85% 42?121?2010 yes Refresher Supervisory 90% 411312010 yes Refresher Supervisory 100% 4f13r'2010 yes Refresher Supervisory 90% 4f13f2010 yes Refresher Non-supervisory 90% 41132010 yes Refresher Nonvsupervisory 100% 4f13f2010 yes Non~Supervisory 85% 4I13f2010 yes Supervisory 93% 4f13f2010 yes Refresher Supervisory 100% 312010 yes Refresher Non-supervisory 100% 41' 13f2010 yes Refresher Non-supervisory 100% 41132010 yes Refresher Non-supervisory 90% #1502010 yes Refresher Non-supervisory 100% 4f13f2010 yes Supervisory 100% 4113:9010 yes Refresher Supervisory 90% 4f13r?2010 yes Refresher Nonesupervisory 90% 4f13f2010 yes Refresher Faculty 100% #1312010 yes Refresher Faculty 90% 4r'13r'2010 yes Refresher Non-supervisory 100% 4f13f2010 yes we Refresher Non-supervisory 100% 4f13f2010 yes Preventing Sexual Harassment 33 Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 1 5, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read {bye}; (mam) Refresher Non-supervisory 100% 4f13f2010 yes Refresher Non?supervisory 90% 4f13f2010 yes Refresher Supervisory 100% 4f14f201 0 yes Refresher Non-supervisory 95% 411412010 yes Refresher Non-supervisory 100% 4214:9010 yes Refresher Non-supervisory 100% 4! 1411201 0 yes Refresher Non-supervisory 35% 411-02010 yes Refresher Supervisory 85% 4f14f2010 yes Refresher Non-supervisory 90% 411-02010 yes Refresher Supervisory 95% 4/1412010 yes Refresher Non-supervisory 100% 4f14f2010 yes Non-Supervisory 06% 4f14f2010 yes Refresh er Non~supervisory 90% 4f14f2010 yes Refresher Non-supervisory 90% 4l14f2010 yes Refresher Non-supervisory 85% 0 yes Refresher Faculty 100% 401412010 yes Refresher Non-supervisory 100% 4f14f2010 yes Refresher Supervisory 100% 4f15f2010 yes Refresher Faculty 95% 4.11512010 yes Refresher Non-supervisory 90% 4i15f2010 yes Refresher Non-supervisory 90% 4f15f2010 yes Refresher Non-supervisory 90% 4f15f2010 yes Refresher Faculty 95% 4f15f2010 yes Refresher Supervisory 95% 4f15f2010 yes Refresher Supervisory 95% 4l15f2010 yes Refresher Non-supervisory 85% 41'151'2010 yes New Media Learning, LLC Preventing Sexual Harassment 34 Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 through! October 15, 2013 Con?nn Policy Last Name First Name Initial Departmen Version Score Date Read (?1153; mm? Refresher Supervisory 100% 41152010 yes Faculty 100% 4f15i2010 yes Refresher Supervisory 95% 4i15f2010 yes Refresher Supervisory 85% 4i15f2010 yes Refresher Non~supervisory 05% yes Refresher Supervisory 95% #1602010 yes Non-Supervisory 93% 4111632010 yes Refresher Non-supervisory 100% 41'151'2010 yes Refresher Supervisory 95% 4116r?2010 yes Refresher Faculty 85% 411611201 0 yes Non~Supervisory 93% 4116112010 yes Refresher Non~supervisory 100% #152010 yes Refresher Non-supervisory 100% 41'1512010 yes Refresher Supervisory 100% 41162010 yes Refresher Faculty 85% 4! 15f2010 yes Refresher Non-supervisory 100% 41'151?2010 yes Refresher Non-supervisory 85% 4i16i2010 yes Refresher Supervisory 100% 41'1 5f201 0 yes Refresher Faculty 100% 4118f2010 yes Refresher Faculty 35% 411912010 yes Refresher Supervisory 100% 4? 9112010 yes Refresher Supervisory 85% 4i19f2010 yes Refresher Non-supervisory 05% 10191201 0 yes Refresher Faculty 85% 4f19f2010 yes Refresher Non-supervisory 55% 4f19f2010 yes Refresher Non-supervisory 90% 4f1912010 yes Preventing Sexual Harassment 35 New Media Learning, LLC - Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm ,4 Policy 0.. Last Name First Name Initial Department Version Score Date Read {bye}; (mmci Refresher Supervisory 85% 4f20l2010 yes Non-Supervisory 35% 4r20r2010 yes Refresher Non-supervisory 100% 4i20f2010 yes Refresher Non-supervisory 35% 4f20f2010 yes Refresher Non?supervisory 90% 4f20r?20 1 0 yes Refresher Non-supervisory 100% 4f20f2010 yes Refresher Non~supervisory 95% 41'2012010 yes Refresher Non-supervisory 85% 4f20i2010 yes Refresher Nomeupervisory 90% 412012010 yes Refresher Supervisory 100% 40212010 yes Refresher Non-supervisory 95% 41202010 yes Refresher Non~supewisory 95% 4f21f2010 yes Refresher Non-supervisory 100% 42 112010 yes Refresher Non-supervisory 95% 412119010 yes Refresher Supervisory 90% 41202010 yes Refresher Supervisory 85% 41202010 yes Refresher Faculty 65% 4f21i2010 yes i Refresher Supervisory 95% 41202010 yes Refresher Supervisory 85% 4l21i2010 yes Refresher Non-supervisory 90% 4i22i2010 yes Refresher Facuity 90% 412212010 yes Refresher Non-supervisory 95% 4f22f2010 yes Refresher Non~supervisory 90% 4r'22f2010 yes Faculty 93% 41232010 yes Refresher Non-supervisory 95% 4:2312010 yes Refresher Non-supervisory 100% 4123:2010 yes Preventing Sexual Harassment 35 New Media Learning, LLC .r'w Mastery Test Results Frostburg State University Preventing Sexual Harassment September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read {?3103}; 0330(0) Refresher Supervisory 95% 412312010 yes Refresher Supervisory 90% 4f23l2010 yes Refresher Non-supervisory 85% 4112312010 yes Refresher Supervisory 95% 412312010 yes Refresher Faculty 95% 4f23f2010 yes Faculty 100% 4124:2010 yes Refresher Faculty 90% 4l25l2010 yes Refresher Non-supervisory 90% 4125112010 yes Refresher Faculty 90% 4l25f2010 yes Refresher Non-supervisory 95% 412812010 yes Refresher Supervisory 85% 412812010 yes Refresher Non-supervisory 95% 41'2612010 yes Refresher Non-supervisory 100% 412812010 yes Refresher Non-supervisory 100% 412612010 yes Refresher Non-supervisory 100% 4028/2010 yes Refresher Faculty 85% 4126l2010 yes Refresher Non-supervisory 100% 4/2Tf2010 yes Refresher Faculty 85% 41271201 0 yes Refresher Supervisory 85% 4l27l2010 yes Refresher Non-supervisory 100% #2172010 yes Refresher Faculty 100% 102712010 yes Refresher Non-supervisory 95% 4/27l2010 yes Refresher Faculty 90% 42702010 yes Refresher Faculty 95% 4f28l2010 yes Refresher Faculty 95% 412812010 yes Refresher Faculty 100% 4f28f2010 yes 3? New Media Learning. LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm Policy Last Name First Name Initial Department Version Score Date Read Refresher Faculty 100% 412812010 yes Refresher Faculty 100% 412012010 yes Refresher Faculty 90% 412312010 yes Supervisory 80% 412912010 yes Refresher Non?supervisory 85% 412912010 yes Refresher Supervisory 100% 412912010 yes Refresher Non~supervisory 90% 412912010 yes Refresher Non-supervisory 90% 412912010 yes Refresher Non?supervisory 95% 412912010 yes Refresher Non-supervisory 05% 412912010 yes Refresher Non?supervisory 85% 412912010 yes Refresher Supervisory 100% 412912010 yes Refresher Non-supervisory 95% 412912010 yes Refresher Faculty 100% 412912010 yes Refresher Non-supervisory 95% 412912010 yes Refresher Non-supervisory 85% 413012010 yes Refresher Non-supervisory 90% 413012010 yes Refresher Supervisory 95% 413012010 yes Refresher Non-supervisory 100% 413012010 yes Refresher Non-supervisory 95% 413012010 yes Refresher Non-supervisory 95% 413012010 yes Refresher Non-supervisory 100% 413012010 yes Refresher Nonesupervisory 100% 413012010 yes Refresher Non-supervisory 90% 413012010 yes Refresher Non?supervisory 100% 413012010 yes 2010 Student 85% 31212010 yes New Media Learning, LLC Preventing Sexual Harassment a. w- Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Con?rm ,2 Policy Last Name First Name Initial Department u_ Version Score Date Read Student 86% 31212010 yes Non-S uperyisory 86% 3.142010 yes Student 100% 3121:2010 yes Student 93 315112010 yes Non?upewis my 86% 3i0f2010 yes Non-Supervisory 100% 35.12010 yes Fa eulty 86% 3012010 yes Faculty 100% 303.120 1 0 yes Student 80% 3? 32010 yes Non?Supervisory 93% 3129/2010 yes on-Superyisory 93% 2f2f2010 yes Faculty 100% 2f9i2010 yes Student 80% 2f201'2010 yes Student 100% 22012010 yes Student 100% 212012010 yes Student 93% 212112010 yes Student 93 2/2290? 0 yes Non-Supervisory 100% 21231201 0 yes Non-Supervisory 80% 2l23f201 0 yes Student 93% 21/232010 yes Student 93% 212512010 yes Non~Superyisory 93% 12i3l2000 yes Faculty 100% 12t3t2009 yes Faculty 93% 121'101'2009 yes NonLSuperyisory 06% 12f10i2009 yes Student 93% 12f15f2000 yes New Media Learning, LLC Preventing Sexual Harassment Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Confirm Po I icy Last Name First Name Initial Department Version Score Date Read 0300(0) Superviscry 03 2t21t2000 yes Supervisory 100% 1 1t3t2009 yes Student 93 1 103222009 yes Ncn?Supervisery 100 1!24t2009 yes Nan-Supervisory 100 0t 2009 yes Faculty 1 00% 9t1t2009 yes Faculty 100 9t3t2009 yes Faculty 1 00 9t 1 302009 yes Student 00% 911 52009 yes Student 86% 93' Sf2009 yes Fa cutty 00 EH @2009 yes Faculty 93% 9f16t2009 yes Stu dent 93% SH 9t2009 yes Student 93% 9t19f2009 yes Student 80% 92112009 yes Student 100% 9t21f2009 yes Student 93% 9!22t2009 yes Student 1 00% 9t23t2009 yes Student 1 00% Sim/2009 yes Student 100% Qt24t2009 yes Nen-Superviscry 80% 92412009 yes Student 93% 9t24t2009 yes Student 86% 912452009 yes Non-Supervisory 93% 9t24t2 009 yes Student 93% 9t24t2009 yes Student 00% Qt26t2009 yes New Media Learning. LLC Preventing Sexual Harassment v- ?_Last Name First Name Initial Frostburg State University Preventing Sexual Harassment Mastery Test Results September 2010 throught October 15, 2013 Department (WING) New Media Learning, LLC Preventing Sexual Harassment onfirm Policy Version Score Date Read Student 86% 91?2512009 yes Student 93 9f26!2009 yes Stu dent 86 9f2?f2009 yes Non-Supervisory 86% yes Student 100% 9:2 W2 009 yes NomSupervisory 86% 9!27f2009 yes Student 93 yes Faculty 93 811312009 yes Faculty 100% Sf13f2009 yes Supervisory 93% 8/1?f2009 yes Faculty 100% SM W2009 yes NomSupervisory 100% 3f18!2009 yes on~S upervisory 100% Bf19l2009 yes Non-Supervisory 100% 82012009 yes Supervisory 93% 82412 009 yes Faculty 93% 8112412009 yes Non-Supervisory 93% 812512009 yes Faculty 1 00% 8(25f2009 yes Non Supervisory 86% Bf25/2009 yes Non~Supervisory 100% 8l20f2009 yes Supervisory 85% Bit-122009 yes Student 86% 63212009 yes Supervisory 100% 5119:2009 yes Non-Supervisory 100% 3l20f2009 yes 4 1 . Student Conduct Administrator Training Jesse Ketterman, Dean of Students Octboer 14, 2010 Preventing Sexual Violence: A Team Approach for Campuses MCASA February 25, 2011 ASCA E-Meeting Discussion in the "Dear Colleague Letter" April 15th, 2011 NCHERM Rapid Response Webinar - Practical Application of the Dear Colleague Letter/ Guidance on Sexual Assault May 18-20, 2011 Responding to Campus Sexual Misconduct and investigating Campus Sexual Misconduct 3 -day institute October S, 2011 Title lit and the Dear Colleague Letter MCASA February 20, 2013 Beyond Athletics: The "Dear Colleague Letter" and the new Title ix Regime (UVM Webinar} March 16, 2013 Ending Sexual Assault on Campus: Bold lntiatives for Change Conference} April 30, 2013 ASCA How to Oberationalize the Violence Against Women Act (VAWA), inlcuding the Campus Act, and the effects on Clery reporting Jeff Graham, Associate Dean of Students March 31, 2010 Welcome to the Party - Train the Trainer Workshop February 25, 2011 ASCA E-Meeting Discussion in the "Dear Colleague Letter" April 15th, 2011 NCHERM Rapid Response Webinar Practical Application of the Dear Colleague Letter] Guidance on Sexual Assault May 13-20, 2011 Responding to Campus Sexual Misconduct and Investigating Campus Sexual Misconduct 3 ?day Institute July 2011 ASCA Gehring Academy October 5, 2011 Title IX and the Dear Colleague Letter February 20, 2013 Beyond Athletics: The "Dear Colleague Letter" and the new Title ix Regime Webinar) April 30, 2013 ASCA How to Oberationalize the Violence Against Women Act inlcuding the Campus Act, and the effects on Clery reporting April Baer March 31, 2010 Welcome to the Party - Train the Trainer Workshop April 15th, 2011 NCHERM Rapid Response Webinar - Practical Application of the Dear Colleague Letter/ Guidance on Sexual Assault August 2011 Green Dot Training Institute February 20, 2013 Beyond Athletics: The "Dear Colleague Letter" and the new Title ix Regime Webinar} April 30, 2013 ASCA How to Oberationaiize the Violence Against Women Act inicuding the Ca mpus Act, and the effects on Clery reporting July 2013 ASCA Gehring Academy September 2013 Victim Advocate Training MCASA Acronyms ASCA - Association for Student Conduct Administrators MCASA - Maryland Coalition Against Sexual Assault NASPA - National Association of Student Personnel Administrators NCHERM - The National Center for Higher Education Risk Management UVM - University of Vermont Legal issues in Higher Education WL?IL?crmu l?ul?l} A (.?urricuhml f'm' ASH-nun I?rm'unliun Testimonials Samples of Curriculum A Curriculum for Sexua! Assault Prevention More Resourcastinka About Real Purchase 11? 111mm rm- Party is afu? (mu-rung Hunk-rum?: L-urrm-cu? rr rh'siynni?nr yum-u; urth and The curriculum In: rhm'rprr-r! hr: prmenrrd fly II qmr??rr! rr-I'Ih in nu'urn' um'ruu't pnwmirr'rui mint-"New. 'Hre durum"! im'huh's right m'rl'trg'n?a'x. Err-mn- mnh?r'iufs. suppirmenmf sunk-m Iunrdnurm, Ihurunlr?r frd'anmm?rm, us we}! as r'rsnur?rcu mm? The movie in mm? uH Ir'm?lu'ny umhu'r?um m'r: in?ml?r'n? as em a 541mm?: ETD. Wrra?hrl im'u?mr?vs unn'n'?yrmru ur'rnvr'ny tit-Sigurd r?hml Ehr J'rml'rm-rur marry ?pH-um in muf?n: rmrl? sn?m?mriuy divrua'nu'nns wad le'l?fl? 1 ??u-?clumnc In [he Purl} A (?urriculum Ar;qu Inl-J Testimonials Samples of Curriculum Ree! Insiyhl n'as?u'rmnf ru?ml'h?l'uru the sun?s. and dislrihmiun af?u- projcuf H't'h'umc' Nu? T-iin' mummy :th'l't'u'l'r Iaj'rhr's pnu'crr was In ?lm {hm muh! r: hm! fur mm- mm? mum! rassuufl pn'umm'm! what-ruin? m: rum-?u rmnI' pussihh; hi'yh-m-frmn? by If ?mm j'mm Hm Wm: I?h'yhn'u University Ruwm?rh E?arpm'mmn. r1 h-rmr :Jum?m more gulhurmt by ?lm makers: .Irr'rlr; mm Tmr! ru Hm :hn?k wrh'hl um! rim-nu! nmmh? hr the inner ru'uh-uhul cm?fryr- par-1y hfjin .?a'rm'?hy hrz'rh rm xc?rhu hm mm: pussr'nn and "army". .rhr'n' ymup 5r! nu! mun-thinly hum-s: and rm! Hm! unrth may it Hm.- (I is. and lli?h?t' an impact an 1hr I-Itry rm! hlrhum'lu? Hm: is m: rum-yr.- rumpus-rs. Ull.? um! :gUhur rgr'a'Iil'wim' Irmr?h' mu} 1hr m'n'xm Im'hnh-frrm hlm?shm whru lurmlu? hc'mrm- Nth-u; mimmr?hu "(mast-y wamhad Parry. h? was thr- urh?stfr: thul? thir?hn hr i'r'uhu'L' mm" [hm wurihf i'll?l'?l' (Jych snuhmls mu! rpm-h mum h: ?my .rhru' nn mater-I'll! h'k'le hm.? sire-mm! rhu- }?nt muhr-rx mm mm! nun-m h: rhr's crummy poorly mmh'. unr?m?x?t. pr't'urhy mm? ?marten-(Fruhny. n'nh'u'y mm; mm: in :hc- uth-rm'rm uj'rhu?hn .1?m?t'y c'uh?cuc' xtruh'm ugr'mduy. ?I'hr- Nun-y hh?ux (hr! 'm'nlm-d rmu? wrr?m'n with a group nfch-m'n hemm- u'm-khlr; nun dh?nrz?nra' hp urhl-n- Hm mrmra' {'rmhl' r'im'yrrm' Hmr'r khan-huh?: u! i?l'm'cntinn About Reel Insight More ResourcusiLmks About Heat Insight I'r'puu ru'rhr?hh Party Ms. hum!? {hum-arr,? Hm rurcrirumu-ryfuy (rm-hing; a'm'hui'rd rr-irh rhc' "mph! rm :1 .wpm'rm: lhh?w ?rme of handouts. mu! hat-?Irv mun-rims. Within :1 .H'hm'i? H'mr' H?ch'mrlc the ?urry hm" her-{mu- rhu?rm! puhrr m" r'upl' prism-?Huh I-Ihmm'un rm mme whey:- Partners Tum Nichuhnm Hh'cL-Iun h'rh'hu'. rrm.? .??mmd ?19.51:th is cm .?lssru'hm- hr Iuh-urshm mld?hu m'un?m'ln?mi hr Jhu .1 and Rurh'u, ?hm-n rum-m?. ?hum NY. mg?h-u his m'rl'urrhu Mun-u- I'll run: Tum hm! umu' tummy ylrur's n1 Eh'm'rmr rind ,rihn urh'Im' hr Nu.- {Shh mu! inhuman HrprI-se'umn'L-u- pJ-u?-minrrul I'rr'rh'rs haL-huh- run." Hm mu?. Duh Hermie? (f 'm'a'h'u?'mu mu! luurker?lr 1113: Virginia Uliil'l'l??i'f'f; m; Hrru?u'uu'mnf chu-umr'rmn? Rrsum'm: h'hl' him-hm um rm J'nn?r'iahhmh rmmnum'ry and Shift?rrf?ll?fl? h-r-(rr. 5hr uhm Emma-uh: arrnm.? m?srmh m'rr hm: Hum: rim; pm-u?w :m-m Jerry .?irm'nn'vr Pmrhu-vr} rm l'r'ryl-ssur and .I'Jl'rvm'ny tr: Wm Virginia DIE-rich)" qr Thw?ru mu! Hr hus in ur rh'rvcm! prmhu-lhms i'u t'anyc- uu'fh NH.- ymth: 1.51?th pr'cy'm-L ?huh; Hu'uum'uml Han.- as onus hhmud. Ho and writing, the Henry hurl Hm: Humid hr! (I pm"! product rlh? rh-rr'sr'mm ?hum plat and :hmanun-m u'vn? nmn?v in ulhh thu I?m-vmh?mr mad h'rspmasr (?rmnh?nrum'jiu- Hu' ?rmly", with flu? you! :y'rm?hry rr?hu with thy mtrximmu H?m'khry with .115. b'wm'vy rhmu'turs um} rhn'rlw's Hivi rrmu victims wha u'urv whiny shun.- u?hcr'r'snwr'wr. 'i'hm'g- hisph'ml'pasxr'rm uth 1hr.- m-Hslh: truth which uppm'rm in Hit-?lm. Wm run"? :11 rim-Huy- mu! thi?m'hiny ya'l'mpsv hr?: the dark ?fth: My. uhm nhm- m: yrm's rqj'prqfussI'mun??hn rim! H-hmisr'nn l-ur u-vhnn'uhn' arm-m! {Hummus mum-1w .lr-r'mr If! [on ry h' n'rn an Hrr' {mirth-in rr'mnu'h'ny rm- h'rm?mly lirH?J'fl'HhHH L'rIJ'etm'a' fir-h u'u u. .rcul insighl .m?gmlmuu?j .Jm? Purchase Maryland Coalition Against Sexual Assault MCASA :1?,le 3.14 it. t; IDII4IZGIU ?itRegislration for Preventing Seton! Violence: A Team Approach for Campuses is new CLOSED. [1 J: ?v 1 . aexual r-icnsn welcomes you to for the 5th Annual MCASA-WDCH Conference, The Spectrum of I if} Trauma and Prevention on Thursday, October 2t. 2010 at the University of Baltimore, MD. lin in?nite; nssault's (NCASA) statewide conference for college staff and other professionals who werk collectively to prevent sexuai violence and respond to the needs of survivors on campus. At this day long conference hech at the University of Maryland, College Park Campus, you will learn to develop comprehensive strategies to prevent sexual assault on your campus, as well as how to respond to the needs of survivors. Flute-disciplinary learns From area colleges and universities are especially encouraged to attend. Register today to earn social Work CEUs toward your continuing education, participate in rnulti-discmlinary team building sessions, and network with your fellow college professionals from across the state. Hear ri-om leaders in the field sum as: Dr. Dorothy Edwards, Violence mum and 519nm; University ol Kentucky Neil Irvin, Peggy Bentley, University of Dave Thomas, Division of Public Safety Leadership. Johns Hopkins University With ?attabistron from: National Network to End Domestic Violence National Sexual Violence Resource Center Students Active tor Ending Rape State University, with the support from the Maryland Department of Health and Mental Hygiene and the Of?ce on violence Against Women, LLS. Department of Justice. saggy for updates on additional speakers and a detailed agenda, coming soon. Register today! Early bird registration ends Friday, October 1. 2010! THE AGENDA DOWQMQAD AND VENUE pr-ij was sweetest by Giant tit-r. :otewaautx-cels try the err.? ?some yawm US mam-mt, Cr mam If"? ?My "he. Page 2 of i n?H? W. 3 Wednesday, October 16, 2013 3:40:09 PM Eastern Dog?ght Time a Subject: ASCA Webinar? Dear Colleague Letter April 2011 Discussion Date: Friday, February 15, 2013 11:06:50 AM Eastern Standard Time From: {bit?MC} To: Jesse Ketterman Dear Colleague Letter April 2011 Open Discussion Webinar Monday, February 25. 2013 1:00-2:30 PM additional Hines zones listed below The Association for Student Conduct Administration will host the Department of Education Of?ce of Civil Rights in a discussion on the Dear Colleague Letter dated April 201 t. The discussion be presented by Ms Rachel Gettier and Mr. John DiPaolo. There is no cost for this open discussion. DiSCussion topic information will be available soon. Your participation will be encouraged throughout the training session. Click here to obtain a copy of the Dear Colleague Letter 2011 Click here to register Webinar by Time Zone 1:00 pm 2:30 pm Eastern 12:00 pm 1:30 pm Central 11:00 am 12:30 pm Mountain 10:00 am 11:30 am Paci?c ?g to date with our RSS feeds. Lit?h Mm [1213421) rt - Hill-ins! Page 1 of2 Wednesday, October 16, 2013 3:18:20 PM Eastern Daylight Time Subject: NCHERM Rapid Rescionse Webinar Practical Applicatio of the Title IX Dear Colleague Letter/Guidance on Campus Sexual Assault Date: Tuesday, April 5, 2011 3:21:02 PM Eastern Daylight Time From: (mote) To: Jesse Ketterman Having trouble viewing this email? WELCOME TO NCHERM - 1":th p; :s age?:1?; '1 .F- r, .n late-5 3 Hinge-Lt. u-Ei': cs2?; itht'i 1? int? . NCHERM IS PLEA ED TO AN DUNCE NCHERM fis recognizedl NCHERM Rapid Response Webinar -- Practical or its natlona . . . leadership on Application of the Title lX Dear Colleague Letter/Guidance on Campus Sexual Assault misconduct prevention and response. Friday, April 15, 2011 12:00pm to 1:15pm EDT Visit our Legal Resources page On April 4th, the US Department of Education Office for Civil Rights at issued 3 Dear Colleague Letter as Guidance on Title ix compliance for institutions on campus sexual violence. The letter explicitlyr addresses hot button issues such as complainant appeals and preponderance of ewdence as the standard of proof Please access the letter here DESCRIPTION Page 1 of 4 This webinar, together with a brief guide to practical implementation, wiil offer participants the chance to digest the Dear Colleague Letter?s contents and implications with a panel of national experts. The topics this webinar will address include: The widening role of the campus Title IX Coordinator, OCR expectations for this role, and changes you need to make to campus policy and practice to ensure compliance. your standard if you don't use preponderance? if so, just for sexual assault, or for all conduct violations? What about for bullying, hazing, stalking, and intimate partner violence? Appeals for complainants. We?ll explain why Title ix requires complainant appeals, and what this means for your process, varying levels of appeals, and cross-appeals. requirement? PRES ENTERS This event will be presented NCHERM Managing NCHERM empowers cultu for optimal student health (l Page 2 of4 Partner. libll?l' I Partner, and ibll5>i (WW NCHERM Partner. Click on the names of each presenter above to learn more about them. REGISTER Click here to register online. Detailed instructions for hosting and logging into the event will be emailed to the primary registrant a few days in advance of the event. LOG ISTICS The logistics of a webinar are easy. You will need a phone and a connection to the Internet. You?ll be able to follow along visually with our slides and hear the presenters speaking simultaneouslv. With a speakerphone, unlimited participation is possible on vou end. And, this event will feature live with the presenters. TIMES FOR THE LIVE EVENT 12:00 PM - 1:15 PM {Eastern Daylight Time} 11:00 AM - 12:15 PM [Central Daylight Time) 10:00 AM - 11:15 PM [Mountain Daylight Time] 9:00 AM 10:15 PM (Pacific Daylight Time) ORDER A COPY 0N CD Can?t make the scheduled seminar? Click here to order the program in CD format, mailed to you following the event. CUSTOMER SERVICE Questions about hosting should be directed to Ilbll?l? (Dime) INCHERM Client Relations Coordinator atifbffaf- fame) To pay by cheque or purchase order, please email (bll?l; (bit? Page 3 old Forward email This Ernan was sent to ?are Pro?lefEmmF A rib? by rml?nchermn ddress Instant removal with ernsubscribe" Pr'wa NCHERM I Caller; Way! Malvem PA I 19355 (a Page 4 of4 Wednesday, October 16, 2013 3:27:35 PM Eastern Daylight Time Subject: RE: Green Dot Training Institute is coming to Maryland Date: Wednesday, May 25, 2011 3:49:09 PM Eastern Daylight Time From: (bit? To: (W534 Jesse Ketterman, {blt?lg {bltTiC} (bli?l; (bl'UlCi Hey this is the program we learned about at last years college workshop at Maryland. I remember the counselor who presented it was so passionate about it. (bit?FIE} '54no? in the end it's not the years in your life that count. It?s the fife in your years. Abraham Lincoln From: (bll?l; (bi?'lci I Sent: eonesoay, May 25, 2011 l?;28 AM To: Subject: Green Dot Training Institute is coming to Maryland y?nr few-r1: In; 14.: green (lot is coming to Maryland! is excited to announce than the tireen Dot l'rnining Institute will he coming to Marvluud in . August 20! 1. This 4-day training. eertilies individuals lo iinpleinenl the (.ireen Dot Strategy of Prevention on their campuses and in their communities. Registration is primarily reserved For college enmpus personnel committed to implementing the Green Dot Prevention model on their campuses. Romainng slots 1.viil he lilled by other MCASA members who are stakeholders in the ?eld ol?sesual assault. Registration is restricted to Mar}-Iuntlubased organizations. For more details. download the "teen tlol llier. contact us at mil ies or visit us at 4lU-?li?4-4507 menstrurv 5 info riT'nteoann'u Click here to view this email online. To unsuhseriite from future mnilings eliek here 33 Page 1 oil "1 I: - . - I ?shtick, 2mg? mu- .. 335:: ?r?m re??v-z??wns?w I THE-NATIONAL CENTER FOR HIGHER EDUCATION MANAGEMENT y. .u SAFETY . w-q? gym-- A, a; 2011 NCHERM INSTITUTE I PARTI RESPONDING TO CAMPUS SEXUAL MISCON DUCT Presented by: (DEB): (W700) Sponsored by NCHERM Hosted by: Columbus College of Art Design Columbus State Community College This training manual is intended to provide assistance For achieving best practices with respect to campus sexual misconducl. hat is not given and should not be taken as legal advice. lit-tore acting on any ot'lhe ideas. opinions or suggestions in this pubiicaticm. particip: tots should check lirst with a licensed attorney in their own jurisdiction. 2m: met-amgum-w Min-'ltCO'nference: Series- OPEN To course?s STUDENTS. STAFF AND PERSONNEL Title lX and the Dear October 5, 2011 Colleague Letter lssues a?omi?la?f?i? Presented by: Role of Title lX Coordinator: National Center for Higher Education - Point person for campus complaints Risk Management - Creator and implementer of appropriate policy - Assurance of Amendment protection intended Audience: - Prevention and remediation of: College Staffand Administrators Gender Discrimination Sexual Harassment Location: Sexual Assault University of Maryland College Park Stalking Stamp Student Union lntimate Partner and Relationship Violence Bullying and Cyberbullying Cost: - Oversight and coordination of prompt and equitable $20 per person; breakfast and lunch provided grievance procedures Registration fee is non-refundable but is transferable - Assurance of ist Amendment protection ALL Registration fees due in advance Registration Opens Registration is limited to 100 To register. visit . Registra tioo is restricted to Maryland and DC based cottages and universities. For more information contact: The Mini-Conference Series is a partnership of: I (hire); (more) a I Cg (1. Ma?a?11E HI- CIA-II has prumt was Hn??ilcif by (iron: Mn, :iwarlleil oy the Of?ce on. 'v'nuenei; Women, [13 llcfaulrr'em of lawn, Ilu: munan Iii-.ulngs, cortrlusmns. and Irrormnenuanons cxplessrri tin-s puislIraiauniululmmn me liters: of Pie nurlurris] and do not necessarily relic-ct Im- vu-Ws of the parlment n! Josue; CI-??ee on Violent-:- .r?lqnan 5t Wolneo. BEYOND ATHLETICS: The Dear Colleague Letter and the New Title IX Regime UVM Weblnar February 20, 2013 I s? BOLDWITHOUT BOUNDARIES 2013 NASPA Annual Conference March 16-20, 2013 Orlando, Florida Ending Sexual Assault On-campus: Bold Initiatives for Change Saturday, March 16, 2013 MinunH If} Wednesday, Cictolaer 16, 2013 3:51:17 PM Eastern Daylight Time Subject: ASCA Association for Student Conduct Administration Newsletter 5-Apr-13 Date: Friday, April 5: 2013 1:47:31 PM Eastern Daylight Time From: {bli?ii (W003) To: Jesse Ketterman How to Operationalize the Violence Against Women Act (VAWA), including the Campus Act, and effects on Clary reporting Tuesday, April 30. 2013 1:00 pm 2:30 pm Eastern Time {additional time zones below} Operational techniques discussed will include: - Elements of the act - Rational of the act - Definitions - Policyr Programs - Hate Crime category changes - Who reports this information and how - Stakeholders - Student and Employee reporting requirements Resource Development Our presenters will be}: 001(6); (010(0) _,lat Northern Virginia and1_ lbli?i; {bitil?i livith Ohio State University. may attend for $200. Click here to register and receive more information about the webinar. Time Zones 1:00 pm 2:30 pm Eastern 12:00 pm ?1:30 pm Central 11:00 am - 12:30 pm Mountain 10:00 am ?11:30 am Pacific Stay up to date will: our RSS feeds. Page 1 of2 '1 "i it Wednesday, October 16, 2013 4:15:00 PM Eastern Daylight Time Subject: MCASA's Victim Advocacy Training Date: Monday, July 29, 2013 11:19:40 AM Eastern Daylight Time From: April Baer To: Jesse Ketterman Hi Jesse Here is the link with information about the September training I am attending through MCASA, the Comprehensive Sexual-Assault Victim Advocacy Training. I already have a University Vehicle reserved and will be working on making hotel arrangements for the evenings before each date over the next few weeks. Dates 8: Times :This is a 32-hour training to be held over 4 days: September 10, 16, 24, and 30, 2013. Each day will last from 8:30am to 5:00pm. Who Should Attend? Victim advocates who work directly with sexual assault survivors in any capacity. This is not an advanced level training, although some topics may be new to those who are veterans in the sexual violence field, and will reflect current research and best practices. Cost: There is no cost for this training; however, member rape crisis 8: recovery center program staff will receive priority registration. Location: La urel Regional Hospital 7300 Van Dusen Road 1 Laurel, MD (Prince George's County} Topics to he covered include: Issues for Seanl Assault Survivors, Sexual Assault Law in Maryland, SARRT Response, Consent El. Healthy Sexuality, Child Sexual Assault, Underserved Populations, Trauma and Victim Behavior, Working with Traumatized Individuals, Human Trafficking, Drug and Alcohol Facilitated Sexual Assault, Primary Prevention, Vicarious Trauma, Self-Care - Besc April Paul Baer, MA, CWP Director Student Wellness i Frostburg State University Office of Student and Educational Services 116 Administration Building 301.687.3035 apbaer@frostburg.edu Page 1 ofl Page 0415 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0416 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0417' of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0418 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0419 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0420 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0421 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0422 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0423 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0424 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0425 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0426 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0427' of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0428 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0429 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0430 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0431 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0432 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0433 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0434 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0435 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0436 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0437' of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0438 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0439 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0440 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0441 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0442 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0443 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0444 ef1D?4 Withheld pursuant to exemption (10146)? 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USM prohibits and will not tolerate Sexual Misconduct. Sexual Misconduct is a form of sex discrimination prohibited by state and federal laws, including Title IX of the Education Amendments of 1972 as amended (?Title and Title VII of the Civil Rights Act of 964 as amended, and also may constitute criminal activity. USM endeavors to foster a System~wide climate free from Sexual Misconduct through training, education, prevention programs, and through policies and procedures that promote prompt reporting, prohibit retaliation, and promote timely, fair and impartial investigation and resolution of Sexual Misconduct cases in a manner that eliminates the Sexual Misconduct, prevents its recurrence, and addresses its effects. All USM community members are subject to this policy, regardless of sex, sexual orientation, gender identity and gender expression. This includes all students, faculty, and staff of USM institutions (including USM offices and regional centers). as well as third parties and contractors under USM or USM constituent institution control. This Policy applies to Sexual Misconduct in connection with any USM institution, of?ce or regional center education programs or activities, including Sexual Misconduct: in any USM institution facility or on any USM institution property; (2) in connection with any USM or USM institution sponsored, recognized or approved program, visit or activity, regardless of location; (3) that impedes equal access to any USM institution education program or activity or adversely impacts the employment of a member of the USM community; or (4) that otherwise threatens the health or safety ofa member ofthe USM community. Nothing in this policy is intended to supersede or conflict with any federal compliance obligation. 1. De?nitions For purposes ofl?his Policy, the tollowing definitions apply. While institutions may adopt their own definitions that do not conllict with the language below. institutions are strongly encouraged, at a minimum, to adopt the elements of these de?nitions in institution policieslproeedures: A. Consent means a knowing, voluntary, and af?rmatively communicated willingness to mutually participate in a particular" sexual activity or behavior, It must be given by a person with the ability and capacity to exercise free will and make a rational USM Bylaws, Policies and Procedures of the Board of Regents and reasonable judgment. Consent may be expressed either by af?rmative words or actions, as long as those words or actions create a mutually understandable permission regarding the conditions of sexual activity. Consent may be withdrawn at any time. Consent cannot be obtained by force, threat, coercion, fraud, manipulation, reasonable fear of injury, intimidation, or through the use of one?s mental or physical helplessness or incapacity. Consent cannot be implied based upon the mere fact of a previous consensual dating or sexual relationship. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Dating Violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on a consideration ofthe length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Domestic Violence means violence committed by a current or former spouse or intimate partner ofthe complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of' the complainant, or by any other person against an adult or youth complainant protected from those acts by domestic or family violence laws of Maryland. Interim Measures means reasonably available steps an institution may take to protect the parties while a Sexual Misconduct investigation is pending. Responsible Employee includes any employee who I) has the authority to take action regarding Sexual Misconduct; (2) is an employee who has been given the duty of reporting Sexual Misconduct; or (3) is someone another individual could reasonably believe has this authority or duty. At a minimum, Responsible Employees must include: the Title IX Coordinator and any Title Team members, all institution administrators, all non-con?dential employees in their supervisory roles. all faculty. all athletic coaches, institution law enforcement, and all other non- contidential first responders. Retaliation means intimidating. threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or USM policy relating to Sexual Misconduct, or because an individual has made a repert, testi?ed, assisted, or participated in any manner in an investigation, proceeding, or hearing related to Sexual Misconduct. Retaliation includes retaliatory harassment. Vl-l.60-- 2 USM Bylaws, Policies and Procedures of the Board of Regents G. Sexual Assault Sexual Assault 1. Non-Consensual Sexual Intercourse Any act of sexual intercourse with another individual without Consent. Sexual intercourse includes vagina] or anal penetration, however slight, with any body part or object, or oral penetration involving mouth to genital contact. Sexual Assault ll. Non-Consensual Sexual Contact Any intentional touching of the intimate parts of another person, causing another to touch one's intimate parts, or disrobing or exposure of another without Consent. Intimate parts may include genitalia, groin, breast, or buttocks, or clothing covering them, or any other body part that is touched in a sexual manner. Sexual contact also includes attempted sexual intercourse. . Sexual Exploitation means taking non-consensual or abusive sexual advantage of another person for one?s own advantage or bene?t or for the advantage or benefit of anyone other than the person being exploited. Sexual Harassment is any unwelcome sexual advance, unwelcome request for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature when: (1) Submission to or rejection ot?such conduct is made, either explicitly or implicitly, a term or condition of an individual?s employment, evaluation of academic work, or participation in any aspect of a USM or USM institution program or activity; (2) Submission to or rejection of such conduct by an individual is used as the basis for academic, employment, or activity or program participation related decisions affecting an individual; or (3) Such conduct has the purpose or effect of unreasonably interfering with an individual?s work or academic performance, it is sufficiently severe or pervasive to create an intimidating, hostile, humiliating, demeaning or sexually offensive working, academic, residential or social environment. Sexual Intimidation means (I) threatening to sexually assault another person; (2) gender or sex-based Stalking. including cyber-Stalking; or engaging in indecent exposure. . Sexual Misconduct is an umbrella term that includes Dating Violence, Domestic Violence, Sexual Exploitation, Sexual Harassment, Sexual intimidation. Sexual Violence. and Stalking. Sexual Violence is a form of Sexual Harassment and refers to physical sexual acts perpetrated without Consent. Sexual Violence includes rape, Sexual Assault, sexual battery, and sexual coercion. Sexual Violence, in any form, is a criminal act. V1460 - 3 :r USM Bylaws, Policies and Procedures of the Board of Regents M. Stalking means engaging in a course of conduct directed at a speci?c person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress. II. Institutional Obligations A. Title IX Compliance Oversight I. Title IX Coordinator Each Chief Executive Of?cer ofa USM institution shall designate a Title IX Coordinator reaponsible for coordinating the inatitution?s efforts to comply with and carry out its responsibilities under Title IX. The Title IX Coordinator must have adequate training on the requirements of Title IX, including what constitutes Sexual Misconduct, Consent, credibility assessments, and counter-intuitive behaviors resulting from Sexual Misconduct. The Coordinator must understand how relevant institution procedures operate and must receive notice of all reports raising Title IX issues at the institution. 2. Title IX Team Depending on the size and specific needs of the institution, the institution may want to identify a Title IX Team, which may include the Title IX Coordinator, Deputy Title IX Coordinators, Title IX investigators, and representatives from campus safety, Student Affairs, the Provost?s Of?ce, and Human Resources. The Title IX Coordinator shall be responsible for coordinating the activities of the Title IX Team. B. Notice of Nondiscrimination 1. Content Each institution must publish a notice ofnondiscrimination that contains the following content: a. Title IX prohibits the institution from discriminating on the basis of sex in its education program and activities; b. Inquiries concerning the application of Title IX may be referred to the institution?s Title IX Coordinator or the Office for Civil Rights; and c. The Title IX Coerdinator and any Title IX Team Member?s title, office address, telephone number and email address. Vl-l .60 4 . (It USM Bylaws, Policies and Procedures of the Board of Regents 2. Dissemination of Notice The notice must be widely distributed to all students, employees, applicants for admission and employment, and other relevant persons. The notice must be prominently diSplayed on the institution?s web site and at various locations throughout the campus, and must be included in publications of general distribution that provide information to students and employees about the institution?s services and policies. The notice should be available and easily accessible on an ongoing basis. . Prompt Investigation and Resolution 1. Investigation Once an institution knows or reasonably should know of possible Sexual Misconduct, it must take immediate and appropriate action, in accordance with its internal procedures, to investigate or otherwise determine what occurred. This obligation applies to Sexual Misconduct covered by this Policy regardless of where the Sexual Misconduct allegedly occurred, regardless of whether a parallel law enforcement investigation or action is pending, and regardless of whether a formal complaint is ?led. 2. Prompt Resolution If the institution determines that Sexual Misconduct has occurred, the institution must take prompt and effective steps to eliminate the Sexual Misconduct, prevent its recurrence, and address its effects. a. In this subsection, ?prompt? generally means within 60 calendar days from the time a report is brought to the institution?s attention until an initial decision is rendered. b. There may be circumstances that prevent an institution from meeting the 60-day timeline. When an institution is unable to meet the 60-day timeline, the institution should document the reasons why it was unable to meet the 60?day titncline. 3. Notice of Outcome As permitted by law. the institution must notify the parties concurrently, in writing, about the outcome of the complaint and whether or not Sexual Misconduct was found to have occurred. The institution must also concurrently inform the parties of any change to the results or outcome that occurs before the results or outcome become ?nal, and the institution must inform the parties when the results or outcome become ?nal. ill-L60 5 .. USM Bylaws, Policies and Procedures of the Board of Regents D. Policy Procedures 1. General a. Each institution shall adopt and publish policies and procedures, as needed, that: i. Prohibit Sexual Misconduct; ii. Prohibit Retaliation against any individual who reports, testi?es, assists, or participates in any manner in a Sexual Misconduct investigation, hearing, or proceeding; Maintain employee and student procedures that provide for the prompt and equitable reporting, investigation, and adjudication of Sexual Misconduct andfor Retaliation cases; iv. Require prompt Interim Measures be implemented, as necessary, to protect the parties during the investigation and adjudication processes; v. Apprise the institution community of various USM institution resources and education programs, as well as other community resources and programs, geared to promote the awareness of and eliminate Sexual Misconduct, prevent its recurrence; and, as appropriate, remedy its effects; and vi. Are easily understood, easily located, and widely distributed. Each institution shall ensure that Sexual Misconduct cases undergo an appropriate legal suf?ciency review by counsel prior to any decision. - 2. Required Content At a minimum, policies and procedures must: include a statement prohibiting Sexual Misconduct and Retaliation; Define Consent, Dating Violence, Domestic Violence, Retaliation, Sexual Harassment, Sexual Exploitation, Sexual Intimidation, Sexual Misconduct, Stalking, and Sexual Violence; Vl?l.60 6 (i USM Bylaws, Policies and Procedures of the Board of Regents c. Identify Responsible Employees required to report any knowledge ofSexual Misconduct to the Title 1X Coordinator; d. Identify con?dential and non-con?dential medical, counseling and advocacy resources on and off campus to assist individuals affected by Sexual Misconduct, including sexual assault centers, victim advocacy of?ces, women?s centers, and health centers; e. Identify options and procedures for immediate and ongoing assistance following an incident of Sexual Misconduct, including encouragement to obtain immediate medical help and notify law enforcement as appropriate (especially to receive guidance in the preservation of evidence needed for proof of criminal assaults and the apprehension and prosecution of assailants), institution resources available to help obtain such medical or law enforcement assistance, and available Interim Measures; and f. Detail the following: i. Identify who can ?le a complaint of Sexual Misconduct with the institution (to include students, institution employees, and third parties); ii. Explain how to ?le a complaint; Identify to whom such complaints should be directed; iv. Describe any institutional policies governing con?dentiality; v. Identify any USM or institution policies that may grant amnesty to a party or witness for a violation of drug, alcohol and other student conduct policies; vi. Inform the parties about Interim Measures and how to request them. liach institution must provide notice, in writing, to the parties about options for. and available assistance in, obtaining no contact or protective orders, enforcing existing and lawful no contact or protective orders, and changing academic, transportation, residential, and working situations, if such an accommodation is reasonably available. The institution also must advise the parties of existing options for counseling, health, mental health, victim advocacy, legal assistance, and other services available on and off campus; USM Bylawx, Policies and Procedures of the Board of Regents vii. Explain the parties? options and rights, as well as institution responsibilities, regarding notification of law enforcement and campus authorities, as well as student conduct options; Afford an investigative process and adjudicative process that provides the parties equal opportunity to present relevant witnesses and evidence throughout the process, and affords the parties similar and timely access to information to be used during any process; ix. Explain that the parties are entitied to the same opportunities to have others present during an institution disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an adviser of their choice, and explain the scope of any adviser?s role or potential involvement; x. Specify ?preponderance of the evidence" as the standard of review; xi. Identify the range of possible employment and student sanctions for those found responsible for Sexual Misconduct, up to and including suspension, dismissal, expulsion and termination of employment; xii. Provide an appeal process that is equally available to the parties; Require the institution, after a legal sufficiency review, to inform the parties, concurrently and in writing, as permitted by law. about the outcome of any investigation, adjudication, and appeal conducted under this policy; xiv. Designate reasonably prompt timeframes for the major stages of the process, and set forth the procedure for extending such tilneframes, to include the timeframes within which (1) the institution will conduct a full investigation, (2) the parties will receive a notice of outcome, and (3) the parties may ?le an appeah xv. Provide an affirmative statement to the institution community that the institution will take steps to prevent the occurrence of any Sexual Misconduct and remedy its discriminatory effects; Vl-l.60 8 .1 if ,l USM Bylawst Policies and Procedures of the Board of Regents xvi. Advise the community of institutional programs that endeavor to promote the awareness of Sexual Misconduct and prevent its occurrence; and xvii. Advise the community of external options for reporting Sexual Misconduct, including local law enforcement, the Equal Employment Opportunity Commission and the US. Department of Education Of?ce for Civil Rights. 3. Prohibited Content Poticies and procedures may not include any of the following content: a. Requirement that the parties attempt to resolve any Sexual Misconduct matter informally; Requirement for or allowance of mediation in Sexual Assault cases; Allowing a party to personally cross-examine the other party, if an institution allows cross-examination; Allowing or requiring the institution to wait until a concurrent law enforcement proceeding concludes to begin any Sexual Misconduct investigation, Interim Measures or adjudication; Allowing questioning or evidence about the complainant?s sexual history with anyone other than the respondent during any adjudication proceeding (in a proceeding where such evidence or questioning may be appropriate); and Discouragng a reporter from notifying local law enforcement of alleged Sexual Misconduct. Clery Act Compliance 1n handling Sexual Misconduct reports, each institution remains responsible for complying with the requirements of the Crime Awareness and Campus Security Act of 1990 (?Clery Act") and its amendments. Institutions must comply with Ciery Act requirements, including crime recording and reporting requirements, where compliance is not otherwise reached by actions under this policy. -9 IV. V. VI. VII. USM Bylaws, Policies and Procedures of the Board of Regents MOU with Local Law Enforcement Each institution must review any Memoranda of Understanding with local police forces to ensure that the terms of any MOU allow the institution to meet its legal obligations. Training A. Prevention and Awareness Education Each institution must develop and implement preventive education, directed toward both employees and students, to help reduce the occurrence of Sexual Misconduct. At a minimum, these educational initiatives must contain information regarding what constitutes Sexual Misconduct, de?nitions of consent and prohibited conduct, the institution?s procedures, bystander intervention, risk reduction, and the consequences of engaging in Sexual Misconduct. These educational initiatives shall be for all incoming students and new employees. Each institution also must develop ongoing prevention and awareness campaigns for all students and employees addressing, at a minimum, the same information. B. Training for Persons Involved in Sexual Misconduct Cases All persons involved in any way in responding to, investigating. or adjudicating Sexual Misconduct reports, including but not limited to, the Title IX Team, Responsible Employees, law enforcement, pastors, counselors, health professionals. resident advisers, and complainant advocates, must have annual training in receiving, reporting and handling complaints of Sexual Misconduct; must be familiar with the institution?s procedures; and must understand the parameters of confidentiality. Record Keeping Each institution must keep records of actions taken under this policy, including, but not limited to, records of any reports of Sexual Misconduct, records of any proceedings or resolutions, and records of any Sexual Misconduct trainings (including, but not limited to, lists of trainees, dates oftraining, and training content), and must maintain such records in accordance with the institution?s Records Retention Schedule. Implementation Each Chief Executive Of?cer shall communicate this policy and applicable procedures to his/her institutional community after the Board of Regents approves the policy. Each Chief Executive Of?cer also shall identify hisfher Title 1X Coordinator and other designec(s), as appropriate for this policy. No later than December 31, 20 4, each institution must develop procedures as necessary to implement this policy; and shall forward a copy of its Title IX designations and Vl?l.6ll? IO .1 Bylaws, Policies and Procedures of the Board of Regents procedures, and any subsequent changes in such designations and procedures, to the Chancellor. Replacement for: USM Policy on Sexual Harassment (VI-1.20) and USM Policy on Sexual Assault (VI-1.30) in their entirety Cross-reference with: USM Polio}.r on the Reporting of Child Abuse Neglect (VL 1.50) 11 --.. PN .004 Sexual Harassment Policy The Frostburg State University community is committed to maintaining a working and learning environment in which students, faculty and staff can develop intellectually, professionally, personally and socially. Sexual harassment is inconsistent with maintaining such an environment and is a form ofdiscrimination prohibited by federal and state law. The position of this University is that sexual harassment within the campus community will not be tolerated. By law, sexual advances, requests for sexual favors and other verbal or physical conduct ofa sexual nature constitute sexual harassment when: 1) Submission to such conduct is made explicitly or implicitly a term or condition of an individual?s educational or career advancement; 2) Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting such individual?s career or educational advancement; or 3) Such conduct has the purpose or effect of substantially interfering with an individual?s performance or creating an intimidating, hostile, or offensive employment or educational environment. Sexual harassment includes a variety of behaviors and may occur within a variety of relationships, including relationships between persons ofthe same or different genders or persons of equal or unequal power. For example, sexual harassment may be as undisguised as a 'direct solicitation of sexual favors or solicitation accompanied by overt threats. Harassment may also'be implied by unwelcome physical contact; sexual remarks about a person?s clothing, body or sexual relations; conversations orjokes and stories ofa sexual nature; or the display in the work place or use in the classroom ofsexually explicit materials which are inappropriate or without defensible educational purpose. Such acts are more likely than not to result in allegations ofsexual harassment. In assessing whether a particular act constitutes sexual harassment forbidden under this policy, the rules of common sense and reason shall prevail. The standard shall be the perspective ofa reasonable person within the campus community. Members ofthe university community with personal knowledge of incidents ofharassment are encouraged and university employees are required to report such knowledge to the Director of and Title IX Compliance. All allegations of sexual harassment will be expeditiously, thoroughly and confidentially investigated following the Of?ce of Title IX Compliance Allegation of Discriminationfl-larassment Procedures. The rights of both the alleged offender and the offended will be protected, including protection from retaliation. Frivolous or false reports of sexual harassment will be treated as seriously as the offense itself. Sanctions for I sexual harassment may vary from reprimand to termination ofemployment or dismissal from the University. In addition, an individual may be criminally prosecuted for sexual harassment. The University?s commitment to maintaining a learning environment in which the intellectual, professional, personal and social development of members of the campus community is assured requires that all members of the community adhere to ethical and professional standards of conduct. as well as to legal standards. Therefore, consenting romantic or sexual relationships between faculty or staffmember and student or between supervisor and employee, while not expressly forbidden, are generally deemed very unwise. Power differences between faculty and students or between supervisors and supervisees make the subordinate's voluntary consent to even an apparently consensual relationship questionable. Sexual relationships between a professor or supervisor and a subordinate may result in con?icts of interest or raise questions of favoritism. Wherever a power differential exists between persons who are romantically or sexually involved, the parties must realize that ifa charge of sexual harassment is subsequently lodged; mutual consent will not necessarily be accepted as a reasonable defense. Procedures for Filing Complaints of Discrimination or Sexual Harassment Note: This information is only a summary. Complete details necessary for ?ling complaints are available in the text of?Procedures for Filing Complaints of Discrimination or Sexual Harassment.? Copies are available on-line at and Title IX Compliance or at the Of?ce of and Title IX Compliance, 307 Hitchens Administration Building, Frostburg, Maryland (301)687- 4102. An allegation of discriminationfharassment should be related to a violation of Federal or State mandates or University policy based on race, color, national origin, ethnic background, sexlgender (sexual harassment is a form of sex/gender discrimination), sexual orientation, age, creed, political or religious opinion or af?liation, disability, veteran?s status, or marital status. A complaint may be ?led by any student or former student or by any employee or former employee. Members ofthe campus community may at any time discuss matters involving allegations of cliscriminationlharassment in an informal and con?dential manner with the Director ofthe ADAKEEO and Title IX Compliance. University policy requires all University employees, and students are encouraged to report knowledge of sexual harassment or discriminatory situations to the Director ofthe and Title IX Compliance prior to taking any action to investigate or resolve the matter. A complaint should be registered with the and Title IX Compliance Of?ce within 60 calendar days of reasonable knowledge ofthe occurrence ofthe alleged actts). When an allegation ofdiscrimination is brought to the Director ofthe and Title IX Compliance the Director will either act as mediator to resolve the issue or make a recommendation for resolution. The Director?s recommendation for resolution may be appealed by the person(s) alleged to have committed the act(s) of discrimination/harassment. Any appeal will be directed to the University?s Committee for a hearing. After a hearing, the ADAFEED Committee will make recommendation for resolution, which shall be non-binding and submitted to the i President of the University for review. The president?s recommendation will constitute the ?nal decision. Of?ce and Title IX Compliance (Revised 04;?11) (Internal) (1 (I PN 4.032 POLICY AND PROCEDURES ON SEXUAL ASSAULT UMS INTERIM POLICY ON SEXUAL ASSAULT A. Purpose and Applicability The University of Maryland System and its constituent institutions adopt this policy on sexual assault, consistent with the requirements of 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-?01 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 of Maryland System or its constituent institutions. E. Definitions The following policy recognizes two levels of sexual assault: Sexual Assault 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 By stranger or acquaintance, the touch 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. 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. C. Responsibilities of the Chief Executive Officer Each Chief Executive Officer of a constituent institution shall have the following responsibilities pursuant to this policy: identification of the person responsible for coordinating the constituent institution's educational program to promote awareness of sexual assault; {ii} identification of the person who will serve as the initial contact after an "alleged sexual assault has occurred; and adoption of procedures to be followed should a sexual assault occur, including the importance of preserving evidence as may be necessary to the proof of criminal sexual assault, and to whom the alleged offense should be reported. D. Educational Programs to Promote Awareness of Sexual Assault (7 J: Each institution in the University of Maryland System shall make available to its students, faculty and employees programs to promote awareness of what constitutes sexual assault, how to prevent it, and what the institution?s procedures are for handling reports of alleged sexual assault. In addition to general educational programs for the campus community, each institution shall provide specialized training on the topic of sexual assault and the provisions of sexual assault procedures to those individuals who might be involved in providing services to or interacting with alleged victims so as to ensure timely, accurate and sensitive assistance to all concerned. The UMS policy, together with the institution's procedures concerning sexual assault, shall be distributed to all students, faculty members and employees and shall be posted in appropriate locations at the institution and published in appropriate institution and system publications. E. Ofvaampus Reporting of Sexual Assaults When a report of sexual assault is made to the institution's initial contact, that person will encourage the alleged victim to contact law enforcement and medical personnel as soon as possible following the incident to receive guidance in the preservation of evidence needed for proof of criminal assaults and. the apprehension and prosecution of assailants. Campus authorities Will assist in notification of off-campus authorities at the request of the alleged victim. Additionally, campus personnel retain the right to contact law enforcement personnel directly where an issue of campus security is involved. Campus personnel will also assist the alleged victim in obtaining medical attention, if the victim chooses, including providing transportation tx: the hospital or other emergency medical facility. Each institution shall designate one or more nearby hospitals which are equipped with the Maryland State Police sexual assault evidence collection kit. F. Campus Disciplinary Procedures 1. Student Disciplinary Procedures a. In addition to any criminal or civil remedies available, violation of laws or University of Maryland System policy regarding sexual assault will be subject to the campus judicial system. The range of judicial system penalties for students shall include, but not be limited to, one or more {n5 the following: alteration class schedule, disciplinary reprimand, loss of privilege, restitution, disciplinary probation, disciplinary suspension, disciplinary dismissal, and disciplinary expulsion. b. The on-campus procedures shall provide that El) the accuser and the accused are afforded the same opportunities to have others present during a campus disciplinary proceeding; both the accuser and the accused are informed of the outcome of any campus disciplinary proceeding brought II. row alleging a sexual assault; and the offense must be reported according to federal reporting mandates and Maryland state law. 2. Faculty and Employee Disciplinary Procedures In addition to any criminal or civil remedies available, violations of laws or University of Maryland System policy regarding sexual assault will be subject to the appropriate faculty andfor employee disciplinary procedure. The range of employment penalties for faculty and employees shall include, but not be limited to, one or more of the following: counseling, reprimand, suspension, or termination of employment. G. Services for Victims Faculty, employees and students who are victims of sexual assault shall be offered access to counseling through mental health services available at the institution, other victim service entities in the surrounding community, or the nearest state designated rape crisis program. Each institution shall designate existing counseling, mental health and student services, both on campus and in the community, which are available to victims of sexual assault. After a sexual assault has been reported at the institution, and upon the request of the alleged victim, the victim shall be offered an alternative academic, living or employment situation if such alternative is available, feasible, and appropriate to the facts of the sexual assault reported. H. Implementation and Reporting Procedures Each Chief Executive Officer shall identify hisfher designeels) as appropriate for this policy; shall develop procedures as necessary to implement this policy; shall communicate this policy and applicable procedures to his/her institutional community; and shall forward a copy of such designations and procedures to the Chancellor. Each Chief Executive Officer shall also provide the Chancellor, by August 1 of each year, with a report of the number and nature of sexual assaults reported at his/her institution during the preceding academic year and the disposition of those reports, including the number which resulted in disciplinary action as a result of on-campus judicial or grievance procedures. PROCEDURES FOR IMPLEMENTING UMS INTERIM POLICY A. Procedures to Follow if Sexual Assault Occurs 1. Immediate steps for self?care and safety: Immediately after the assault you may be in a state of shock. your first reaction will be to take a Usually. bath or shower. Please don't. Instead, wrap yourself in something warm such as a blanket or coat. Call someone to help you immediately. We recommend that you call the Dean for Student Development at extension 4226 for an initial contact. Victims react to this (J state of shock in different ways; some are upset, angry or calm. Whatever your reaction, you may be able to make better decisions by talking to someone you trust or someone trained, instead of responding to your initial feelings immediately after the crime. Staying warm, instead of cleaning up right away, will help you accomplish two important things: you will be helping your body to recover from the shock due to the assault; and you will not have disturbed or destroyed any evidence needed if you decide to presecute. It is extremely important that you: DO NOT *shower or bath *brush or comb your hair *douche *urinate {if possible) *change clothes *eat or drink anything 1"brush or rinse your teeth or smoke *touch things at the crime scene DO *get to a safe place *call the police for help *lock doors and windows *keep warm *get medical attention *write down all you can remember *take a change of clothing to the hospital or sexual assault center; if you must change your clothes, put them in a bag to give to the police {plastic destroys evidence) 2. Seek Medical Assistance It is very important that you see a doctor as soon as possible after a sexual assault. A medical exam serves two purposes: it ensures that you recaive whatever medical aid you need and any available physical evidence can be collected. The University Police or Dr. John Lowe will also assist the victim in obtaining medical attention if the victim chooses, including providing transportation to the hospital or other emergency medical facility. Victim Services Western Maryland Sexual Assault Center The Rape and Sexual Assault Center for Western Maryland located at Memorial Hospital 4100] in Cumberland is a 24?hour service providing medical care, evidence collection, and counseling services. A medical examination is always recommended even if you decide not to officially report the crime. It may be a good idea to have evidence collected initially in case you do decide to take legal action at a later date. Family Crisis Resources Center, Inc. IV. Ref. (7 9 The Family Crisis Resources Center Cumberland and provides free, is located in 24 hour support services for victims of rape. sexual assault and domestic violence. 3. Counseling Center The FSU Counseling Center (689-4234) provides individual and group counseling for victims of sexual assault. sexual abuse and incest. 4. Student and Educational Services Students who report they are victims of a sexual assault are encouraged to contact the Office of Student and Educational Services (689" 4311) for assistance in changing academic and living situations. Appropriate changes will be made as are reasonably available. C. Victim Complaint If the accused is an employee, a victim may file a complaint for internal disciplinary action with the vice president of the division in which the accused is employed. If the accused is a student, in the Office of Student and responsible for student discipline. the University Judicial Administrator Educational Services {689-4311} is A sexual assault victim or the University Police may file a complaint with the University Judicial System. D. Employee Discipline Procedures The University President or designee, may counsel, reprimand, suspend, or terminate a university employee who commits an act of sexual assault. The employee may appeal the action of the President or designee in accord with the grievance procedures available to the employee. EDUCATION COORDINATOR The person responsible for coordinating educational programming to promote awareness of sexual assault for students and employees is the Dean of Student Development who is located in Pullen Hall 107 and may be contacted at extension 4226. INITIAL CONTACT PERSON The initial contact person for sexual assault victims is the Director of Public Safety who is located in the Public Safety Building and may be contacted at extension 4328. The Director will assist students and employees in obtaining appropriate services. BOR Policy Statements 2012-2013 for Students, Faculty and Staff of Frostburg State University CODE OF STUDENT HAEING SUBSTANCE ABUSE SEXUAL ASSAULT HARASSMENT HEALTH LIFE CAMPUS SECURITY MISSING PERSUNS NUTIHCATIDN Spunsered by the Division of Student 8: Educational Services 'v 11? ?rrosrturt SIAIE UNIVERSITY Introduction This booklet has been prepared by the Staff to inform you of important policies about sexual assault. substance abuse, campus security. and the University Standards of Personal and Group Conduct, which includes the Code of Student Conduct We hoPe you will review this document and keep it as a resource. The information in this document takes precedence over other materials which may be published in other documents elsewhere. We express our sincere thanks and appreciation to all persons and agencies which contributed to this document. Division omedmr Educrtt'r'mrai Services 2012 (J C-) Institutional Policy on Student Behavior Frostburg State University is a community. For the University to meet its educational goals. we musr be a disciplined community. Such a community offers an environment that allows individuals to develop their Full potential. To that end. the University has created a set ofstandards regarding personal conduct within this community. Personal responsibility and respect for others are the key values underlying these standards. Teaching students to accept responsibility for their behavior and to respect the rights of others is a high priority For our university community. The community benefits from this learning through the improvement of the learning environment. Students become more productive when they have adopted these values. One of our responsibilities is to challenge behavior that violates the tights oF others or which violate the laws of the larger society. By holding each student to a high Standard of behavior, we both protect the campus community and promote the moral and ethical development of students. In doing so. we also have an obligation to regard each student as an individual. deserving individual attention, consideration and respect. There are times when the University must exercise its responsibility to the community by suspendng or expelling a Student who has violated the University Standards of Personal and Group Conduct. Behavior which is prohibited by these standards is outlined below. These standards arise From the key values of personal responsibility and respect for others. By presenting these to you, we hope to begin a process which will lead to your support of the guidelines and the values upon which they are based. We believe that the educational Focus of our instimtion will be served best by a serious commitment to helping students develop responsible personal attitudes and behavior. We feel it is our responsibility to establish behavioral guidelines which are srated clearly and to define the consequences For those aets ourside these guidelines. We intend to ful?ll this goal by making these guidelines and consequences well known to all members of our community. It is our hope that the response to these expectations will be a positive one which enables our community to better achieve its educational mission and to affirm the wholeness ofthat mission. inside and outside oFthe classroom. Interpretation of Regulations Student conduct regulations at the University are set forth in writing in order to give students general notice ofprohibitetl conduct. The regulations should be read broadly and are not designed to define misconduct in exhaustive terms. Inherent Authority The University reserves the right to take necessary and appropriate action to protec1 the safety and well?being of the campus community through enforcement ofthe Code ofStudent Conduct both on and offthe University premises. Search and Seizure Frosrburg State University has the authority to conduct a reasonable search of university property, including bur not limited to residence hall rooms. A student's residence hall room. personal possessions or other university property will be searched by university of?cials only (I) when there is reasonable cause to believe that illegal or other detrimental use is being made of the property in violation of university policy and under authorization given in writing by an administrator designated by the President. The aurhorization shall specify the reasons for the search and the objects or information sought. If possible. the student shall be present during the search. The right of reasonable search is based on the responsibility of the University to provide for the safety. health and welfare of the university community. Material or information found through inspection may lead to action through the University Code of Student Conduct System ancLIf or by the proper law enforcement agency. Administrative search authorization is not required in emergencies, when the student concerned consents to the search. where the search is incident to a lawful arrest by a police o?icer, where the search is pursuant to a warrant by a law enforcement agency" or when a student's health or safety is in jeopardy. Standards of Due Process The fetcus of inquiry in student conduct proceedings shall he to determine whether or not the referred student has violated the University Standards of Personal and Group Conduct. Formal rules of evidence shall not be applicable, nor shall deviations from prescribed procedures necessarily invalidate a decision or proceeding. unless signi?cant prejudice to a student or the University may result. Violations of Law and Student Conduct Regulations Students may be accountable to both civil aurhorities and to the University for acts which constitute violations of law and. of this Code. Student conduct proceedings at tht= University will normally proceed while criminal procoedings are pending and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced. University Standards of Personal and Group Conduct The following Forms of conduct are prohibited by Frostburg State University and are subject to student conduet proceedings. Attempts to commit acts prohibited by this Code shall be addressed to the same extent as completed violations. Disciplinary outcomes For ollwcarnpus misconduct shall not be more severe than For similar on?campus misconduct. Student conduct actiOn may be taken in addition to actions which may be taken by civil or criminal courts. 1. Academic Dishonesty Academic dishonesty is defined to include any form of cheating andt'or plagiarism. Cheating includes. but is not limited to, such acrs as stealing or altering testing instruments; falsifying the identity of persons For any academic purpose; offering, giving or receiving unauthorized assistance on an examination, quiz Or other written or oral material in a course; or Falsifying information on any type of academic record. Plagiarism is the presentation of written or oral material in a manner which conceals the true source of documentary material; or the presentation of materials which uses hypotheses, conclusions. evidence. data. or the like. in a way that the student appears to have done work which hefshe did not. in Fact, do. in cases involving academic dishonesty. a failing grade or a grade of zero for either an assignment andt'or a course may be adminisrered. Students who are expelled or suspended for reasons of academic dishonesty are not admissible to other institutions within the University System of Maryland. Suspension or expulsion for academic dishonesty is noted on a Student's academic transcript. 2. Computer Misuse and Dishonesty The University considers any misuse of its compurer system to be a serious ofi'ense. A student may not attempt to degrade the performance of the computer sysrem, to seek to penetrate its security. or in any way deprive other users of resources or access to the computer. Further violations include. but are not limited to. using a Compurer account belonging to another individual without the explicit permission of'that individual; tampering with the operation of the University's computer system including both its equipment and its programs; using the system for commercial purposes; inspecting. modifying or copying programs or data without authorization from the owner: ie) using the electronic formats to send or display abusive. obscene. or otherwise harassing Communications; and (F) using file sharing software in violating copyright laws by illegally downloading or uploading music, movies or video files. 3. NJ Falsification oFInformation Falsification oF information includes any Form oF providing False or misleading information. written or oral. in a manner which has the intent or eFFect oF deceiving aurhotiaed university personnel, including members oF student conduct panels. or oF altering or Falsil-ying oF?cial institutional records. Misrepresentation oFoneselF or oFan organization as an agent oF the University will also be considered a violation oFthis section. Improper Possession, Use or Abuse oF Alcoholic Beverages Students under 21 years oF age may not possess. purchase, or consume any alcoholic beverages. Students 21 years oF age or older may not purchase or provide alcohol to underage persons. AbuSe oF alcohol, regardless oF age. and arty violatiOn oF the University's Alcoholic Beverages Policy shall be constmed as a violation oFthis section. {See Substance Abuse Policy} Possession or Use of Drugs A student shall nor possess or use any illegal or controlled drug or other santance, as de?ned by the laws oF the state oF Maryland, or drug paraphernalia. No student shall Sell or give such drug or suhStance to any other person. Students Found responsible For use. possession or sale oF illegal drugs or drug paraphernalia will be subject to a recommended sanction oF suspension or expulsion From the University. Obstruction of the Rights of Others The University is committed to the maintenance oF Freedom oF speech. press. expression, association, and access to the established educational Facilities and proCesses. At the same time. the University will not tolerate willful eFForts oF individuals or groups to limit the exercise oF those Freedoms by others or to disrupt the normal processes by which the University Ful?lls its educational mission. Accordingly. university action andr?Or appropriate public law enforcement action will be taken against persons who willfully limit the protected Freedom oF others through disorderly assembly. disorderly picketing. obstruction oF Free speech. press, expression, assembly or access to the Facilities and processes oF the University. Disruptive Behavior The University will not tolerate diSorderly or disruptive conduct which subStantially threatens. harms. or interFeres with university personnel or orderly university processes and Functions. Disruptive behavior includes indecent exposure. lewd behavior, bomb threats, False ?re alarms and other actions which disrupt normal university Functions. activities and processes. A Faculty member may require a student to leave the classroom when hislher behavior disrupts the learning environment oF the class. A student Found responsible For disruptive behavior in the classroom may be administratively withdrawn From the Course. 8. Discriminatory Conduct ID. ll. Aets of violenCe directed against individuals. groups. or institutions because of race, religion. ethnic background. or sexual orientation which may result in physical injury or property damage will not be tolerated by Frosthurg State University. Violence to Personal Physical or Verbal Assault The University will not tolerate acts oniolence to other persons by individuals or groups. Acts of violence for the purposes of this section include assault. battery. andi'or actions in reckless disregard of human life and safety. Assault includes verbal or written acts which place a person in personal Feat or which have the effect of harassing or intimidating a person. Battery includes the unauthorized touching oF another person. Students Found responsible For violence to persons involving serious physical injury will be subject to a recommendation of suspension or expulsion from the University. Theft, Destruction andr'or Abuse of Property The University will hold individuals or groups responsible For intentional or negligent acts involving completed or attempted damage to, abuse of. or theFt of university or private property. The term "theft" includes. but is not limited to. any act of shoplifting of university property whereby a person removes. possesses. conceals. alters the price tags or labels on. tampers with containers oF. or otherwise appropriates goods or merchandise without authorization or proper payment. For the purposes of this section, property o??enses include. but are not limited to, malicious destruction. defacement, damage or misuse of university property or of private or public property; misuse oF any university issued property. 1D cards, meal tickets. athletic equipment. etc.; littering on campus or on private property; and illegal parking or obsrrucring traffic on university property or on private property. individuals or groups found responsible For destruction or abuse of property may be required to make just resolution for the loss of damage in addition to other sanctions which might be imposed. Possession or Use oFWeapons and Explosives Possession of firearms or potentially dangerous weapons or explosives is not permitted on university property unless they-have been properly regisrered anti Secured with university police. Any potentially dangerous weapon including. but not limited to. a rifle. pisrol. hunting knife, bowie knife. martial arts weapons and live ammunition must be registered and deposited with University Police. Fireworks are considered explosive devices and are not permitted on campus except when approved by the university administration for ollicial Functions. such as a dirk knife. l-tnile. pen knife with a blade exceeding three inches. sand club. blackjack. metal knuckles. Straight razor. paintball guns. pellet gun, BB gun or any weapon considered illegal by the state oFMaryland are also not permitted on campus. 5 12. 13. 14. At no time may the weapon be kept any plaCe on campus other than with University Police in accordance with the \X?eapon Registration Policy. 1Weapons checked out must be returned to the University Police UFlice immediately upon the Weapon being returned to campus. Any object employed in a violent manner may be considered as "use of a weapon." Students found responsible For possession or use oF weapons or explosives will be subject to removal Front the residence hall andfor suspension or expulsion From the University. Violation of Campus Safety Regulations The University and the srate oF Maryland prohibit the tampering with, removal of, setting or damage to fire equipment or alarm systems in any university building when no Fire or immediate danger of ?re exists. Violation of other campus saFety regulations are also prohibited by this section. These include. bur are not limited to. setting unauthorized Fires; Cb} turning in False Fire alarms or reporting the False presence of explosive devices; and (cl Failure to properly evacuate a building during a Fire drill. Violators are subject to removal From the residence hall and to suspension andlor expulsion From the university. andi?or referral to the criminal court system. Hazing The University considers hazing. as defined below. to be indefensible and contrary to the interests of the university community. Hating is de?ned. For purposes oFthis section. as any activity or action which subtly, ?agrantly or deliberately demeans. embarrasscs. threatens. invites ridicule or draws inappropriate or negative attention to a member. andfor an attitude which implies one member is superior to another or that initiation must be earned through personal services or meaningless activities for initiated members; andr'or (2) actions which result in the im airment oF academic erformance or oi" the proper Fulfillment oFobligations to university sponsored groups; andfor l3} retaliation or threats oF retaliation against persons reporting acrs prohibited by this secrion. Any violation of the University's Hazing Policy will be considered a violation oFthis section. Entry oF Restricted Areas Unauthorized entry or attempted entry oF students into university buildings. rooms. or Facilities. including residence halls during hours when such buildings. rooms or Facilities are locked or closed or posted reStticted access to the student body and the public. is prohibited. Failure or reFusaJ to leave a university Facility during or aFter normal operating hours. after being reasonably requesred to do so by aurhorited university personnel. is similarly prohibited. For the purposes of this section. such a request would be reasonable iF the surrounding circumstances indicate that the person has no ti lawful business to pursue in the Facility or is acring in a manner which is disruptive or disturbing to the normal educational functions of the University. 15. Ignoring or Refusing a Reasonable Request of Authorized University Petsannel The University and the state of Maryland require that any individual or group comply with a reasonable request from authorized university personnel in the performance of their olTicial duties. 16. Violations of Public Laws The University reserves the right to take appropriate or protective action againsr Students convicted oniolations ofpublic laws on and offcampus. 1? Misconduct of Registered Student Groups The University reserves the right to take action against a student group for conduct prohibited by the University Standards of Personal and Group Conducr. Such acts of misconduct by students engaged in organized activities oF registered student groups, whether committed on or offcampus, are subject to student conduct proceedings. An ?organized activity" is any activity which is conducted under the auspices, sponsorship, or supervision of a registered student group. 18. Off-Campus Student Behavior The University reserves the right to take appropriate action antlfor initiate conduCt proceedings when behavior of an individual or individuals presents a danger to the health. safety, and well-being oFothers in the community. Students are expected to conduct themselves in a manner that demonstrates their respect for the rights oi'othets. Also. individuals engaging in activities of? campus have a responsibility to conduct such activities within the laws and ordinances of the community. 19. Serious Criminal Offenses Students accused ofserious criminal offenses on or off campus shall be subject to university action throngh the Student Code of Conducu including interim suspension. pending a prompt hearing. Serious criminal oiienSes shall include behavior which (ails de?ned as a Felony under Maryland law, and (hiindicates that the student constitutes a substantial danger to the safety or property of the University or members of the campus community. The University reserves the right to take acrion through its Student Conduct System prior to the disposition oFany action that may result from criminal proceedings. 20. Regulations Concerning Conduct ?Within the Residence Halls SuCcessFul group living. such as that experienced in the university residence halls. can he achieved only through cooperative effort on the part of each individual who composes the group. it is important that each person is aware oi'hisfher own rights and respects the rights and privileges of others. ,7 1' Each member of the residence community should be prepared to conducr himselfi'hetself at all times in such a manner as not to infringe upon those rights. Students violating residence hall policies will be subject to university action. Violations of the Following policies can result in the cancellation of one's housing contract or the non?renewal of one's contract for the next year or semester. The Residence Life Office may hold a panel 0: administrative hearing prior to canceling one's contract and the resident may be tequcsred to ?show-cause" why the contract should not be canceled. However. violations which endanger the health and safety of the residents or themselves, which cause serious physical damage to the facilities. or are disruptive to the study atmosphere. will be dealt with through administrative procedures and may result in removal from housing, pending a student conduct hearing. Such an interim suspension andlor loss of privileges. including removal from housing, is to become immediately effective without prior notice. whenever there is evidence that continued presence of the student or srudent organization on the university campus poses a substantial threat to himself or herself or to others or to the stability and continuance of normal University functions. Continued violation of less serious policies may result in a contract review. Students not living in residence halls will also be expected to abide by theSe guidelines when visiting in the residence halls: a. Fire Safety Equipment: Tampering with fire extinguishers. fire alarms, smoke detectors. sprinkler systems. or any type of fire safety equipment is strictly prohibited when no fire or immediate danger exists. Violators are Subject to removal fro:n the residence hall and to suspension audior expulsion or referral to the critninal court system. b. Weapons: Firearms, ammunition, fireworks. dangerous weapons, explosive subsrances or other illegal contraband in the residence halls are Strictly prohibited. All weapons (firearms. bows and arrows. knives. num-ehuks, pellet guns. BB guns. paintball guns, etc.) must be registered and kept with university police and must not be cleaned in student rooms or any area of the residence hall. See comments on page 33. c. Room Alterations: Alterations to the residence hall rooms. (including, but not limited to electrical wiring. attaching hardWare to walls. ceilings or doors. constructing platform beds, waterbeds, ceiling fans or painting rooms}. are not authorized except in accordance with university-policy as iSSued by the Residence Life Office. d. Fire Safety: Student rooms are part of a larger community and Steps are taken to protect the safety of all students in the community. Students should not have open flames. burn incense. or conduct themselves in such a manner as to increase the risk of fires in the residence halls. Student rooms should allow easy egress and doors should not be t'ampered with or propped open. Failure to leave the building during a fire alarm is considered a violation ofthe Fire Safety Policy. Alcohol: Students under the age of 2] are not permitted to possess or consume alcohol. Students 21 years of age are not to consume alcohol in any room in the presence of any Students under the age of 2] (with the exception of an underage mummate}. Consumption of alcohol in any other area of the residence hall (lounges. study rooms. T?v? lounges. cluster halls. baths. etc.) is strictly prohibited. Kegs andior keg parties are not permitted in any residence hall area. including individual rooms. Beer kegs, empty kegs. beer pong tables or any device used to arti?cially increase alcohol consumption are not permitted on campus. Alcoholic beverages shall not be brought into the residence hall by guests or visitors. Drugstrug Paraphernalia: The use, possession andfor sale ofillcgal drugs andior drug paraphernalia. other than those used under the direcrion of a physician by the individual prescribed. are strictly prohibited. Violators will be referred to university police auditor local authorities and will be subject to a recommended sanction of suspension or expulsion from the University. Public Disturbances: An atmosphere conducive to normal living and study must be maintained 24 hours a day in the residence halls. As always respect for the rights and Freedoms of other residents should be the basic guideline for behavior. Minimum guidelines will be established by the Residence Life Ofiice. Each hall. wing. cluster or seetion may Further restrict quiet hours for their area and are to take responsibility for enFcircing these hours. Radios, stereos and TV sets must be played discreetly at all times. Stereo speakers are not to be played out windows. Musical instruments are not to be practiced in the residence halls. Hall sports are prohibited. Excessive noise or other public nuisances created or permitted by residents is strictly prohibited. Conduct shall be deemed such a nuisance if it penetrates into the room or clusrer areas of other residents. unwillingly subjecting them to an unreasonable disturbance or inconvenience. Snowball ?ghts. spraying waterguns, shaving cream battles, etc. shali be ?considered public disturbances and shall be handled as such. Refusing a Reasonable Request: University officials, including Residence Life staff. have the authority to enter a student's roo?i. This authority may be exercised in the interest of student safety. the protection of university property, or when a violation of university policy is occurring. A resident's refusal to open hisi?her room when requested by a Staff member under these circumstances is Considered a Failure to comply with a reasonable request ofa university official. late Eutrancei?Exit: All teside'rt?ce halls are secured 24 hours a day Residents are required to carry their student ID as all times in order to 9 1 gain access to their hall. Only doors with card access are to be used to enter the hall. For the safety of all residents, loclted exterior doors may not be propped or otherwise disabled. Guest and Visitor Policy: A guesr is defined as a non?FSU student while a visitor is a currently-enrolled Frostburg State University Student. Prior consent of one?s roommate is required For overnight guests on each occasion of the guesr?s visits. Overnight guests may visit For periods or no longer than two consecutive nights. and for no more than a total of ten (10} nights in a semester. unless special permission is given by the Direcror of Residence Life or their designee. Visitation by other Frostburg State University Students is based upon mutual agreement'ol'the occupants of the room. Smoking: FSU is a srnolte Free campus. Smoking is prohibited in all residence halls. including student roorns. public areas and Gambling: Illegal gambling is prohibited within the residence halls. Solicitation and sales of any service or product door to door in a residence hall or by way of the university telephone or internet system is strictly prohibited. Solicitation and sales by registered student organizations of any service or product in the lobby ofa residence hall must have approval of the Residence Life Of?ce at least two school days in advance of the sale. Commercial sales will not be allowed Front individual Student rooms or other areas within the residence halls. Anyone interesred in selling within the residence halls must come to the Residence Life Office to receive information about complying with the sales policy. The residents may not use the residence hall rooms or residence hall telephone numbers or e-mail accounts as a place or" business or For purposes of solicitations or any purpose other than as a residence. Advertisement. sale or solicitation of alcoholic beverages is not allowed in the residence halls or student mailboxes and, therefore, will not be approved. Residential Belongings: No student shall take any university owned Furnishingsiequipment not of the room assigned to himlher or move any ofthe equipment out of its designated area. Furnishings assigned to public areas within the hall are for use by all residents and should not be moved into individual rooms or shi?ed from one hall to another. Such removal will be considered to be an act oitheft. Roofstindows: Students are not perri'iitted on the toolwol'any residence hall. Nothing. including trash should be thrown or dropped From the Screens are not to be unscrewed or removed from windows. 1Windows are not to be used as means of entrance or exit to a room. Students are not permitted to sit in windows at any time. Pets: Pets, including but not limited to dogs, cats. rabbits. rodents, and reptiles. all residence halls. Fish are allowed but musr C. be ralten home over semester breaks. The University will not be held responsible for the safety of fish in the event ofelecttical power failures. q. Electrical Equipment: Personal electrical equipment will be limited to small appliances without open coils. Cooking units for use in individual rooms are prohibited (such as microwaves. roaster ovens, hot plates, etc). A free?standing microwave! refrigerator unit is provided in each room. r. Air Conditionersi'HeateI-s: Air conditioning is provided in Cambridge. Frederick and Westminster Halls and designated lobbies in Other halls. Personal air conditioners are not permitted in any residence hall rooms. Space heaters are prohibited. 3. Other Residence Hall Policies: At certain times violations of residence hall policies and regulations may occur which appear in other official publications of the University. In such cases, a speci?c reference to those policies. guidelines or regulations will be made. Endangering the Health and Safety ofSeIfor Others The University will hold individuals or groups responsible for actions which endanger or tend to endanger the safety. health or life of any person. 22. Sexual Harassment Frostbutg State University is particularly sensitive to the issue of sexual harassment within a campus Community. The University will not tolerate sexual harassment in any form. Sexual advances, requests for sexual favors. and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to such conduct is made either explicitly or implicitly a term or Condition of an individual's educational or career advancement; submission to or rejection of such conduct by an individual is used as the basis for decisions affecting such individuals in their educational or career advancement, or such conduct has the purpose or effect of subsrantially interfering with an individual's performance or creating an intimidating. hostile. or offensive employment or educational environment. 23. Sexual Offenses The University System recognizes two levels of sexual offenses: a. Sexual Misconduct 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 acrs must be committed either by force, threat. intimidation or through the use of the vicrim's mental or physical helplessoess ofwhich the accused was aware or should have been aware. b. Sexual MisconduCt II By stranger or acquaintance. the touch 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. 11 C) These acts must be committed either by force. threat. intimidation or through the use of the victim's mental or physical helplessness ofwhich the decused was aware or should have been aware. 24. Harassrnent Engaging in intentional conduct directed at a specific person or persons which Seriously alarms or intimidates such person or persons and which serves no legitimate purpoSe. Such conduct may include: explicit or implicit threats. including gesrures which place a person in reasonable Fear of unwelcome physical contact. harm or death: Following a person about in a public place or to or from his or her residence; making remarks in a public place to a specific person which are by common usage lewd. obscene. expose a person to public hatred or that can reasonany be expected to have a tendency to cause acts of violence by the person to whom the remark is addressed: or communicating by voice or graphic means or electronic formats including social media site postings or making a telephone call or tentt anonymously whether or not a conversation ensues. 25. Violating the Terms of a Sanction 1v'iolating the terms of any university sanction imposed in accordance with this Code. The University expects students to accept responsibility and the consequences for their decisions and behavior. Students who do not complete an imposed sanction will be subject to additional sanctions 26. Gambling Illegal gambling is prohibited throughout the campus. Other At certain times violations of university policies and regulations may occw which appear in other of?cial publications oF the University. In such cases, a specific reference to those policies. guidelines or regulations must be made. 28. Discrimination Frostburg State University is committed to maintaining a community where the rights oF others are respected. Copies of the University's Allegation or Discrirninationll-larassment Procedures may be obtained from the Of?ce of WEEO. For specific information shoot the University's policies regarding discrimination, see the "Non-Discriminationquual Opportunity" and "Sexual Harassment Policies under General University Policies. 29. Event-Related Misconduct "Event-related misconduct" is rioting, assault, the?, vandalism, fire setting or other misconducr related to an institution-sponsored event occurring on- or oil-campus that results in harm to persons or property or otherwise poses a tlirear to the stability ofthe campus or campus community. 12 Students found responsible For event-related misconduct will be subject to a recommendation of suspension or expulsion from the University. Any decision to impose a sanction less than suspension or expulsion must be supported by written findings signed by the institution's chief student affairs of?cer. A record of any suspension or expulsion under this policy shall be noted on the student's transcript. A student Suspended under this policy shall not be admitted to any other institution in the System during the term oFthe suspension. A student expelled under this policy shall not be admitted to any other institurion in the System for at least one year from the e?ective date of the expulsion. 30. FSU is a smoke free campus. Smoking is prohibited on all university grounds including property owned, leased, or otherwise operated by FSU. Sanctions One or more of the Following sanctions may be imposed For violations of the University Standards of Personal and lGroup Conduct. A hearing panel may take into consideration several Facrors when determining an appropriate sanction. Such factors to be considered shall be the present demeanor and past student conduct record of the offender, as well as the nature of the offense and the severity of any damage, injury or harm resulting From it. I. Expulsion The hearing board may recommend expulsion to the Vice President for Student 8c Educational Services. Expulsion constitutes permanent separation of the Student from this university. Any student who is expelled shall not be entitled to any tuition or fee refund. Violations relating to academic dishonesty will be reviewed by the Provosr. 2. Suspension The hearing board may recommend suspension to the Vice President for Student 5: Educational Services. Suspension involves separation ofthe student from the University For a speci?ed period of time. In particular cases, the student may also be barred from university premises during the period oF suspension. Violations relating to academic dishonesty will be reviewed by the Provost. 3. Disciplinary Probation Disciplinary probation is imposed For a specified period oil?time. The student on disciplinary probation may be subjected to additional resrrictions or obligations during the probationary period. For example. in appropriate instances, students may be required to consult with stall members of Counseling 6: Services and the Residence Life Office. A sanction 13 {i ofsuspension or expulsion will be Stroneg considered for any Student who is Found guilty of violating the University Standards of Personal and Group Conduct while on disciplinary probation. 4. Disciplinary Reprimand Disciplinary reprimand involves Formal written warning to the student or student organization that Further misconducr may result in more severe disciplinary action. 5. Organizational Dissolution Organizational dissolution is a sancrion imposed only upon student organizations found guilty of serious andi'or repeated violations of these standards. The sanction involves permanent withdrawal of recognition by the University. denial of the use of university Facilities or funds. and of?cial dissolution of the organization on the campus. 6. Restitution Restitution may be imposed on students whose violation of these Standards has involved monetary loss or damage. Restitution as imposed by the hearing board becomes a ?nancial obligation to the University and either full payment or an agreement For partial payment according to a schedule agreed to by the University Student Conduct Adminisrraror is required before the student may register For classes again. or in the case of seniors, before the student may graduate. Cancellation of Housing Contract The hearing board has the option of recommending to the Direcror of Residence Life that a student's housing contract be canceled iF the seriousness of the violation warrants such action. Any student who has hisi'her housing ceintracr canceled shall not be entitled to any housing deposit or Fee refund. 3. Suspension of Group Suspension shall consist of the withdrawal of an organization's recognition by the University for a stated period of time when an organization is Found to have violated regulations. Suspension shall result in complete suspension ofthe activities of the group during the stated period of time and may also include conditions For removal ofsuSpension. 9. Other Sanctions SanCtions Other than those described above may be imposed for violations of- these standards according to the judgment of the the Student Conduct Administrators and, where applicable, the appropriate vice president. For example, cases oi" academic dishonesty may lead to vacating of grades or extra work assignments. In other instances. students' participation in extracurricular or athletic activities may be limited. In response to other violations. the hearing board may impose constructive work assignments. community service. 14 educational conferences, referral to educational programs leg, Alcohol Education Program}. fines or other appropriate sanctions. Interim SuspensionIShew cause Hearings An interim suspension andi'or loss of privileges may be imposed upon a student or student organization. The Vice President for Student 5.: Educational Services or a designee may suspend a student or student organization for an interim period pending student conduct proceedings or medical evaluation. The University shall give the accused student a "show cause" hearing to provide the student with the opportunity to demonstrate why the interim action should not take place or remain in effect. Such an interim suspension andt'or loss of privileges, including removal from housing, is to become immediately effecrive without prior notice, whenever there is information that the continued presence of the student or student organization on the university campus poses a substantial threat to himself or hersehr or to Others or to the stability and continuance of normal university functions. Referrals Any person (Faculty, Staff or student) may refer in a timely manner to a University Code of Conduct Administrator at student or a student organization suspected of violating this Code. Persons making such referrals are required to provide information pertinent to the case and will normally be expected to appear before a student conduct board. Student (a nd urt Administrators The responsibility For administering the Student lConduct System rests with the Office of Student 5t Educational Services. The responsibilities of this office include: 1. Determination of the disciplinary charges to be filed pursuant to this code. 2. Interviewing and advising parties involved in student conduct proceedings. 3. Supervising, training, and advising all Student conduct panels. 4. Coordinating the selection ofthe panel members. 5. Maintaining all student conduct records. (3. Developing procedures For conflict resolution when appropriate. 7. Providing follow?up For any sanCtions issued. 3. Conducting an annual review and evaluation of the Student Contlucr System. 9. Submission of an annual report which includes the referrals to the University Student Conduct System and a summary of sanctions imposed. 1?3 The Student Conduct Administrators will review referrals to determine whether the case should be resolved by a hearing before the appropriate student conduct board or through a conference. The University reserves the tight to determine the most appropriate vehicle to resolve alleged violations of the Code of Conduct. Such methods may include panels, administrative hearings, conferences or mediation. Hearing Panels Hearings may be held before the Following panels: Hearing Panels are established by the Office of Student St Educational Services. The campus hearing panel is composed ofa campus hearing officer and 2-4 other persons. The campus heating officer is responsible for chairing the hearing panel. The others persons on the hearing panel will serve on a rotating basis a pool composed of students. faculty members and administrators. Ad Hoc Panels may be appointed by the Student Conduct Administrator when a hearing panel is unable to hear a case. Each ad hoc panel shall be composed of 3? 5 members. The Appellate Panel hears appeals from the hearing panels and ad hoc panels, in accordance with the provisions of this Code. The appellate panel is ordinarily composed of three to ?ve individuals selected from a pool of students. faculty. and administrators. Selection and Removal of Panel Members Members of various student Conduct panels are selected in accordance with procedures developed by the University Student Conduct Administrator. Prior to participating in panel deliberations. new members of all student conduct panels will participate in an orientation session. Student members of any student conduct panel who are charged with any violation of this Code or with an offense may be removed from their student condUCt positions by the University Student Conduct Administrator while charges are pending against them. Students found responsible for any such violation or offense may be disqualified from any further participation in the University Student Conduct System by the University. Administrative Hearings/Student Conduct Conference Administrative hearings may be conducted by a Student Conduct Administrator or a designee to resolve alleged violations of the University Standards of Personal and Group Conduct. Students referred to a student conduct panel hearing may request instead to have their case resolved by an administrative hearing ifthey are responsible for the violations. 16 Students subject to or requesting to participate in an administrative hearing are accorded the Following procedural protections: a. Written notice of charges at least three class days prior to the scheduled conference. b. An opportunity to respond to the information against them. Students who fail to appear for an administrative hearing after proper notice will be deemed to have pleaded responsible to the charges pending againsr them. A student conduct conference is less Formal in nature and focuses on corrective resolution of behavior or problems when a hearing is not deemed necessary. A student conduct conference will not always result in a referral through the Student Conduct Sysrem. Mediation A Student Conduct Administrator may elect to resolve student conflicr through mediation. A mediation agreement may be arranged between two students or the student and the University to resolve a violation of the Code of Conduct where the behavior in question is not contested and construCtive action can resolVe and prevent Future con?ict. Violations ofa mediated agreement will result in a Student record and student Conduct proceedings. Violation of or failure to ful?ll a mediated agreement will result in a student conduct record and possible. Student conduct referral. Prior to a mediated agreement. parties may end the mediation process at which time formal hearing procedures will begin. Hearing Procedures The dynamics ofa student ctmducr hearing in a university setting are not the same as those ofa courtroom. Strict adherence to the conventions of courtroom advocacy may not be in the best interest of students in university student conducr proceedings. The presiding officer of the panel and the Student Conduct Administrator are authorized to take reasonable measures to maintain control over the proceedings in order to elicit relevant facrs. to prevent the harassment of participants, to ensure that proceedings are not disrupted. and the interests of fairness are served. This may include regulating the timing. length and manner of presentations and objeCtions. declaring recesses in the proceedings, and other appropriate actions. The following procedural guidelines shall be applicable in student conduct hearings: 1. Students shall be given a copy ofthe Violation Reportiincident Report, which shall include the specific charges against them and a description of the alleged activities. Students shall also receive notice of the hearing date. time and location. Students shall receive this notification at least three days in advance. The notification will be sent to their local address, campus mailbox or by e?mail. 1? 10. i} The hearing will provide the studentis} charged and the personlsl making the referral with an opportunity to present testimony and witnesses or witness statements on their own behalf. Both parties also shall have the tight to hear and challenge adverse testimony or witnesses thru the panel. Witness Statements shall be provided in a reasonable time prior to the hearing to allow both parties to review and challenge witness statements. Witness statements are to be used only in situations determined by the hearing adminisrrator. A hearing will be held following proper notice to the studentfs) and a decision will be reached regardless of whether all affected parties are present. Withdrawal from the University after a violation report has been filed does nor excuse the student from the hearing. Students who fail to appear after proper notice may be deemed to have pleaded reSponsible to the charges pending against them. Hearings will be closed to the public. An open hearing mayr be held. at the discretion ofthe Student lConduct Administrator, with the agreement oi? both the person making the referral and the student being referred, Hearings are considered Confidential. The chairperson oirhe heating panel shall exercise control over the hearing to avoid needless consumption oF time, to maintain order. and to prevent the harassment or intimidation of witnesses. Any person who disrupts a hearing or who Fails to adhere to the rulings of the chairperson of the hearing panel may be excluded from the hearing. Hearings may be recorded or transcribed. Any recordings or verbatim transcripts of matters arising under this system shall be retained in the custody ofthe Student Conducr Adminisrrator for a minimum of five working days or until after the appeal has been heard. it one has been granted. recording or transcript is n0t made. the decision of the hearing panel must include a summary oF the testimony and shall be suf?ciently detailed to permit appropriate review of all essential matters in the event that an appeal is ?led. Involved parties may review the recording of a hearing after written requeSt to the Of?ce ofStudent and Educational Services. Prior to the beginning oFa hearing, any party to a case may challenge to the Student Conduct Administrator a member of the hearing panel on the grounds of personal bias. Panel members may be disqualified upon determination by the Student Conduct Administrator that a disqualifying facmr exisrs. Witnesses shall be asked to allirm that their testimony is trurh?rl and students may be subject to charges offalsification of information under this Code. Prospective witnesses may be excluded from the hearing during the testimony of other witnesses. All parties, the witnesses, and the public shall be excluded during panel deliberation. 18 14. 15. It must he established that it is more likely than not that the referred student has violated the University Standards of Personal and Group Conduct. Formal rules of evidence applicable in courts oflaw shall not govern student conduct proceedings under this sysrem. The Student Conduct Administrator may give consideration to the rules of confidentiality and privilege. bot shall otherwise admit all relevant matters as information which reasonable persons would accept as having value in the conduct of their personal affairs. Unduly repetitious or irrelevant testimony may be excluded. . The studendsl charged and the personis) making the referral have an opportunity to question all witnesses through the student conduct panel. In considering testimony, panel members may consider matters which fall within general experience and which have relevance to the matters under consideration. Students referred for violations of the University Standards of Personal and Group Conduct will ordinarily be provided a hearing within twenty {20} class days of the violation report being filed. . Students are expected to repreSent themselves at the hearing. Advisors may be utilized to support students. An advisot may sit with the student they are supporting and consult with them but may not address the panel or other individuals present or create any disruption to the heating. Only one advisor per Student is permitted in the hearing. . Legal counsel of the student referred or the person making the referral is not permitted to attend the hearings unless there is a substantial probability of Criminal charges being filed againSL the student. In this case, legal counsel may be the student's choice of advisot (see procedure 16). The Student Conduu Administrator may appoint a special presiding officer to any panel in any case in which the Student is represented by an attorney. Special presiding officers may participate in panel deliberations. but shall not vote. If a student has been found responsible for violating the University Standards of Personal and Group Conduct. there shall be an additional phase of the hearing in which either party may make statements concerning the impact of the violation andfor the appropriate sanction to be imposed. During this sanctioning phase, the referred student may present character referenCes or statements to testify in his or her behalf. Such testimony is limited to the referred student's background and character, rather than the incident in which the student Was involved. The past Student conduct record of the student shall not be supplied to the panel by the Student Conduct Administrator prior to the sancrioning phase. All such testimony is heard prior to the deliberation on a sanction. The sanctioning phase shall ordinarin take place immediately following the panel's determination that a violation has occurred. 19. Final decisions of all student conducr panels shall be by majority vote ofthe members present and voting. A tie vote will mark in a student being found not responsible of violating university regulations, A tie vote in an appellate proCeeding will result in an affirmation of the original decision. 20. A written decision shall be sent to the referred Student at hisl'her local address or by e?mail within a reasonable time. Copies shall be maintained in the Office ofStudenr and Educational Services. Student conduct actions will be noted on a student's transcript in those instances when a student has been expelled or when a student has been susPended for academic dishonesty or event related mistsonduct. 22. The use of technology such as telephone, conference call or video conferences may be used at the request of the involved parties. Such requests must be approved by the Conduct Adminisrtator and, if approved. will be provided as an option to all parties involved. 23. The Office of Student and Educational Services will, upon written request, disclose to the alleged vicrim ofa crime ofviolence. or non-forcible sex offense. the results of any disciplinary hearing conducted by the institurion against a student who is the alleged perpetrator of the crime or offense. If the alleged victim is deceased as a result of the crime or offense, the results of the disciplinary hearing will be shared with the victim?s next of ltin, if so requested. Student Conduct Files and Records Referrals will result in the development ofa student conducr file in the name of the referred student. The ?les are retained in the Office of the Vice President for Student 6: EduCarional Services. Files will be retained as student conduct records for either: 1) three years from the date of the letter providing notice of final disciplinary aetion. or 2) when the student graduates from the University. Student conduct records of cases resulting in suspension, expulsion, or organizational dissolution may be retained for longer periods of time or permanently at the discretion of the Vice President for Student or Educational Services. Conduct files are considered educational records and are protected by Student Groups and Organizations Student groups and organizations may be charged with violations of this Code. A student group or organisation and its of?cers may be held collectively or individually responsible when violations ofthis Code by those associated with tllt? group or organization have received the tacit or overt consent or encouragement of the group or organization or of the group?s or organization?s leaders. of?cers. or Spokespersons. 20 i (j 3 Punishment of one or several individuals for the acrs of others should be avoided if the identities of the specific offenders can be readily ascertained. Association does not require formal membership. individuals who might reasonably be regarded as regular participants in group or Organization aetivities may be held to be associated with the group or organization. The officers or leaders or any identifiable spokespersons for a Student group or organization may be directed by the Vice President for Student 5: Educational Services or a designee to take appropriate action designed to prevent or end violations of this Code by the group or organization or by any persons associated with the group or organization who can reasonably be said to be acting in the group's or organization?s behalf. Failure to make reasonable efforts to comply with the vice president's directive shall be considered a violation of this Code, speci?cally "Ignoring or Refusing a Reasonable Request of Authorized University Personnel," both by the officers, leaders or spokespersons for the group or organization and by the group or organization itself Sanctions for group or organization misconduct may include revocation or denial of reCognition or registration. as well as other appropriate sancrions ourlined in this Code. Appeals ReqUests for appeals must be submitted to the of Student and Educational Services within five class days from the date of the original decision. Failure to appeal within the allotted time will render the original decision final and conclusive. The request for an appeal should be thorough and specifically present information that supports the grounds for an appeal. The Written request shall be based upon either one ofthe following. a. Specified procedural errors or errors in interpretation of university regulations were so substantial as to effectively deny the student a fair hearing. b. New and significant information became available which could not have been discovered by a properly diligent student before or during the original hearing. In the absence of exrraordinary or mitigating circumstances, which shall be judged by the Student Conduct Administrator, the severity of the sanction imposed by the hearing panel shall not consritute grounds for appellate review. All requeSts for appeals shall be reviewed by the Office of Student and Educational Services, who shall notify, in writing, all parties (referring party. referred party. and victims} involved of the results of that review. If the requesr for an appeal is denied. the original decision becomes final. If an appeal is granted. all parties involved shall be informed. in Writing, that a review of the original decision is being conducted by an appellate panel. A written statement for the appellate review must be submitted to the Office of Student and Educational Services 21 within five business days from the date of the letter notifying the student that an appeal has been granted. Failure to submit a written statement within the allotted time will render the decision of the original board final and conclusive. shall be decided upon the record of the original proceeding and upon written statements submitted by the parties. Completely new hearings shall not be Conducted by the appellate panel. Appellate panels may: a. Affirm the finding and the sanction imposed by the original panel. b. Af?rm the ?nding and reduce. bUt not eliminate. the sanction. c. Refer the case to a new student condUct panel. d. Dismiss the case. Cases may be dismissed only.r if the finding is held to be arbitrary and capricious, Ordinarily. cases will be referred to a new student conduct panel only in those instances in which the appeal has been granted because of new and signi?cant evidence. Decisions of the appellate panel which include sanctions of suspension or expulsion shall be recommendations to the Vice President for Student l5: Educational Services. Decisions of the appellate panel which include a sanction of cancellation of housing contract shall be recommendations to the Director of Residence Life. Both the Vice President For Student 8% Educational Services and the Director of Residence Life {or their designees} may adjust sanctions. Decisions altering the determinations of all hearing panels shall be in writing. The imposition of sanctions will normally be deferred while appellate proceedings are pending at the discretion of the Student Conduct Administrator. Cases involving academic dishonesty shall be reviewed by or appealed to the Provostl'Vice President for Academic Affairs. 22 Hazing Frostburg State University opposes any situation created intentionally to produce mental and physical discomfort. embarrassment or ridicule. The University does not condone hazing in any form. Violators of this policy are referred for appropriate student conduct action. Hazing is de?ned by the Frostburg State University Student Conduct System as ?any activity or action which subtly. flagrantly or deliberately demeans. embarrasses. threatens. invites ridicule or draws inappropriate or negative attention to a member. andior an attitude which implies one member is superior to anorher. or that initiation must be earned through personal services or meaningless activities for initiated members. Furthermore. hazing may consist of actions which result in the impairment of academic performance or of the proper fulfillment of obligations to university sponsored groups or activities." Implied or expressed consent ofa student to hazing may not be used as a defense. Actions and acrivities which are explicitly prohibited include. but are not limited to. the Following: l. Any activity that might reasonably bring physical harm to the individual. 2 Paddling. heating or otherwise permitting members to hit pledges. 3. Requiring pledges to wear degrading or uncomfortable garments. 4 Depriving pledges of the opportunity for sufficient sleep [3 consecutive hours per day minimum) and decent and edible meals. 5. Activities that interfere in any way with an individuals' academic efforts; causing exhaustion, loss ofsleep. or loss ofreasonable study time. 6. Activities that interfere with an individual?s education. employment or family obligation. 7. Requiring or encouraging pledges to consume amounts of alcohol or other drugs. 8. Forcing. coercing. or permitting students to eat or drink foreign or unusual subsrances such as raw meat. raw eggs. salt water. onions. etc. 9. Having subsrances such as eggs. mud. paint. honey. etc. thrown at. poured on. or otherwise applied to bodies ofpledges. ll} Morally degrading or humiliating games at any other activity that make an individual the object of amusement. ridicule. or intimidation. Kidnaps. road trips (a mandatoryi'forcetl off-campus trip as part ofa pledging activity}. Note: kidnaps performed by actives or pledges are banned. l2. Subjecting an individual to cruel and unusual conditions for any reason. 15. Any requirement which compels an individual to participate in any activity which is illegal, perverse. publicly indecent. contrary to the individuals 23 genuine morals andr?ur beliefs. public prolaniry, indecent or lewd conduct. 0r sexual gestures in public. State University has uncondititmally opposed any situation created intentionally to produce mental and physical discomfort. embarrassment or ridicule. 24 Substance Abuse Policy Frostburg State University is committed to the pursuit and dissemination of knowledge and. as such. expects all members of the academic community to behave in a manner conducive to that end. Illegal or abusive use of drugs or alcohol by members of the university community severely limits their educational and human potential and their ability to achieve educational, career and personal goals. jeopardizes the safety of the individual and the university community. and adversely affects the mission of the University. Frostbutg State University is therefore committed to having a campus that is free of the illegal or abusive Use of drugs and alcohol. Tovvard that end, it is the policy of the University that the illegal or abusive use of drugs or alcohol by employees and Students is prohibited on university property or as a part of any university activity whether on or off campus. In accordance with the University's responsibilities under the Federal Drugv?-ee Scintian and Communities Act Amendments of I989. and the Maryland Higher Education Commission's Pat?icier Concerning Drug and Almaty! Abuse Conn-or. the University provides the following information to its employees and students. Standards of Conduct The terms "controlled subStances" and ?illegal drugs? prohibited under this policy are those set forth in Article 27 ofthe Annotated Code of Maryland: 1. Students shall not unlawfully manufacture, distribute. dispense. possess. or use any controlled dangerous substance while on campus or at a university sponsored activity. 2. Students shall not possess or use drug paraphernalia on campus or at a university sponsored activity. 3. Students shall not possess. purchase or consume any alcoholic beverages on campus or at a university sponsored activity unless they are 2 years of age or older. Students also shall not distribute alcohol to underage persons on campus or at any university sponsored activity. 4. Students shall not unlawfully distribute or dispense any alcoholic beverages on campus or at a university sponsored activity. 5. Violations of the University?s Alcoholic Beverages Policy, as contained in the Path?nder, or as from time-to?time amended. shall be considered a violation of this policy and the University Standards of Personal and Group Conduct. 6. Violations ofthe above policies which occur off?campus may be considered a violation of the University Standards of Personal and. Group Conduct ?where such violation interferes with the mission of the University and presents a danger to the health. safety and well-being of others, Students eonvicred of 25 Federal, state andi?or local alcohol or drug laws on or oil? campus also violate the University Standards oF Personal and lGroup Conduct and may be subject to appropriate action through the Student Code of Conduct. Students accused of violating a federal, state andl'or local drug law on or oil: campus which is considered a Felony under federal, srate or local law, may face action under the University Code of Conduct. including interim suspension pending a university hearing. prior to or concurrent with any criminal proceeding. Possession or use of alcohol in university residence halls is prohibited in all residence halls that have been designated as alcohol free. in all other residence halls. alcohol may be consumed only by persons 2] years of age or older, and with the following limitations: a. Alcohol may not be consumed in a room where any guest {non?occupant} under the age of2] is present. b. Alcohol may not be consumed in residence hall hallways. corridors. stairwells. common bathrooms. elevators and any public place. c. Alcohol may not be brought into residence halls by guests or visitors. Violation of these policies and other duly adopted policies relating to the consumption oi'alcohol in university residence halls will be considered a violation of" the Residence Hall Contract and the University Standards of Personal and Group Conduct. Sanctions of Student Conduct Any student Found to be in violation of any ofthe applicable provisions ofthis policy shall be subject to progressive disciplinary action through the University Student Code of Conduct System. One or more of the sanctions for violations oi the University Standards of Personal and lGroup Conduct may be imposed. including probation. suspension or expulsion from the University. As a condition oF continued enrollment. the University may require a student to participate in a substance abuse education, assistance or rehabilitation program. The University may suspend on an interim basis andfor remove From campus housing a student accused of violating this policy pending a hearing on the violation if it determines that the student's continued presence on campus constitutes :1 threat to the health, safety or welfare of the student or others or the Welfare oFthe University. its property or personnel. The University reserves the right to conduct student conduct hearings and take disciplinary action against students who have been charged with violating a federal. state or local drug or alcohol law before. during or after any civil or criminal proceeding or resolution ofthose charges occur. .5. 26 0 (j Legal Sanctions Under Federal, State and local Laws A. Federal Penalties and Sanctions for Illegal Possession of a controlled Substance: 21 U.S.C. B44la} First Conviction: Up to one year imprisonment and ?ned at least $1,000. but not more than $100,000, or both. After one prior drug convicrion: At least l5 days in prison, not to exceed two years, and fined at least $2,500. but not more than $250,000. or both. After two or more prior drug convictions: At least 90 days in prison. not to exceed three years, and fined at leasr $5,000, but not more than $250,000. or both. Special sentencing provisions For possession of crack cocaine: Mandatory at least five years in prison. not to exceed 20 years, and lined up to $250,000, or bOth if: a. First conviction and the amount oi'ctaclt possessed exceeds five grams. b. Second crack conviction and the amount of crack possessed exceeds three grams. c. Third or subsequent crack conviction and the amount oF crack possessed exceeds one gram. 21 U.S.C. and Forfeiture of personal and real property used to possess Or to Facilitate possession ofa controlled substance if that offense is punishable by more than one year imprisonment. {See special sentencing provisions re: crack) 21 U.S.C.331{a.ll4] Forfeiture OF VehiclES. boats. aircraft or any other conveyance used to transport or conceal a controlled substance. 21 Civil fine of up to $10,000 (pending adoption of?nal regulations). 21 U.S.C. 3533 Denial of federal benelits, such as student loans, grants. contracts and professional and commercial licenses, up to one year for ?rst offense, up to five years for second and subsequent offenses. is use. 922(9) ineligible to receive or purchase a ?rearm. 27 (I Miscellaneous Revocation of certain federal licenses and benefits. pilot licenses. public housing tenancy, etc. is venetl within the authorities of individual federal agencies. B. Federal Penalties and Sanctions for Traf?cking of Controlled Substances A summary of federal trafficking distribution} penalties for substances covered by the Controlled Substances he: is attached as Table l. c. State Penalties and Sanctions for illegal Possession or Traf?cking of Controlled Substances The State of Maryland has its own laws dealing with disuihution, manufacturing. and possession of controlled Substances. ?t summary of these laws is attached as Table 2. D. State Penalties and Sanctions Relating to alcohol i. It is illegal in the state of Maryland for any person under 2] to falsify or misrepresent his or her age to obtain alcohol. or to possess alcoholic beverages with the intent to consume them. it is also illegal in most situations to furnish alcohol to a person under or to obtain alcohol on behalf of a person under 21. See Article 27. Sections 400 to 4035. Maryland Annotated Code. The penalty is a fine of up to 5500 for a first offense. and up to $1000 for repeat offenses. 2. Persons are prohibited from drinking any alcoholic beverage while on public property, unless authorized by the governmental entity that has jurisdiction over the property; in the parking area or on the mall or other area outside of a shopping center or other retail establishment. unless authorized by the owner: or in a parked vehicle located on any of the places lisred above. unless authorized. See Article 28, Section 2] l. Maryland Annotated Code. The penalty is a fine not exceeding $100. 3. Persons are prohibited from possessing in an open container any alcoholic beverage on the mall, adjacent parking area or other area of a shopping center unless authorized by the owner; or in any vehicle located on any of the places li5ted above, unless authorised. See Article 215, Section 214. The penalty is a fine not exceeding 5100. E. local Penalties and Sanctions Relating to Alcohol See Section above. 28 Federa! Tra?icking Penalties drugs {and any mug product Gamma Acid] Fiumraz?apam {Schema .rV; 1 Cl' I'nan muamme nun-13w jl Imam mam mums: (Locum :90 Jim?; Fist D?mu 5: Kg: Ur Firs! Mimi 5 ?lms mime ?Tirnaare Uacanw East: {5cm .549 5? W5 gm: or 1'9 "5 ll} mmunr rm We mlnur? find no: mom than 45 m? if cream or -Ir1'e- n? 09th or iemanyl (Sci-Jeanne an. 399mm; 55mm neg 4309115 mum imn no: less Ihar: 20 mm?! Jase man 2U ur rnlwe:r 3., . 1; . mull.- than Me I'm 'Emn :11 M51 Egim'?rm?lw mini; 01' ml rrmro than 5'2 margm Mme man 54 'mlhon If an If an Indiulduf ?10 Holmn :Scnouw? 1:11 - 999' $5 1 Hg or rumi- _m:l.c.n rm an m?lu'b mllirun rim an shun-(lua- LSD {Sane-due -5 guns "umma' gvlu [Jr manure mum Mixture ha 4: m. =m m5" 1" mam Not rem. than 'and not Ihc-Ie- the". CHE-lime in pure - 3mm we pure DI we I mama. 4?39 man me mam nr 560 {I'm 0' Emma any." 1m.- term mum Ille mm? Ina-?mum Fm (Schedule .959? F'ne 1m m1 ?r nl no: mar? Inns-H in?, 3: 131: u! m1 mum Mar! 5-: n, i rmllrm?, Sgt?J manure HRH-mum S14: mllwe m: a ml'llon x1 if Il'llef?jLi?: 2 0* Hate Prim Mull-s: PENALIIES 011m a My annual Firsl Quinn Ma: mmu 1hal 20 We. Hale'th ur serluus Il'quiy not less [hart 5-15 at we 1har1 Lnfc' Finn $1 mule-m: .1 3-1 unnumual 5:5 mum rr nut an unmrmal sienna Off-mu No: more man 30 m. If cream neer Hwy um inn-1. Ihan ufe Fun: 52 rmlI-un 41 an Maw-duel: S10 not an and-vuml amps, r'mnmezepam war-mu: Less man KI "'93 Orrin-I drugs My Hm D?mu Hm mcse llmn? years, rm not mom- man 3353.320 .l an Indmcual $1 mum s! r131 an lmlh'r?ual O?m Mal me Fin-no! mm? than Elumarmam {56:de 30 999 ?'95 5506 mm 4' an $2 mum-1M? 3:1 mun-mum IV) Ni (Hr-Er Any anwunl Flrle?mt mm more than 3 wan. FIN-.- I-o: more [lime OCH :1 an immogy $1 n-nlnor: no: an mumde Second Wen? Pm: me man yrs. Fm n01 mm $51: 1'J-Ll'ii- av: "mum-cum! SP m? m1 29 mate planks death at serious infury not was lhari 2n years. not We than Me I Fine no! mote than 541 millinnifan iI'i-dwtuuat Ell] militmi it other than an tmliridm' ALI Schedule mugs Any amount Firat Offense: No: me than y: Fine not more than $130 i! an =ndiwoual 000 II nu! an inawadual Second Manse. more than 2 Fina not more than 5200.000 an mmnual $500 000 it not an individual Federai Trafficking Penalties Marijuana mm: quannw 1" wransa Marijuana 1 D00 kg in mm Nat teas than 10 wars not Nni teas than 20 years. mixture 1 E100 at there than We no: more Than Ian It 0:3th or famous ll?leK?y?. manaatar,- lite Fine mote H'ian SB millrun tf an individua! SEQ if ulnar than an Mariluanal 100 kg to 999 kg mixture or 100m 999 planla hat than 5 yeata na?. more than 40 greats II death or iamus not less than years not rriore than ME Fina not more than $2 minim an I?dleuai Sit mitlian ii othe: than an Not ice-as than 10 years not more than rate- It cleth at aanuua Il'rluf?f mandatory life Fine not more Ihan 54 million if an 51G It atria! than an individual Matipual?la mare than 1th haahiah ta 99 minute more than 1 kg at hashiahm 50 95' plants Not ?have than 2B years it aeatti ar sauna-s #1le?; not less than 20 rears no: more Than Life Fane S1 miliian it an ?t'JhtId LEI $5 milliur: if other than an Indl'??ual Nat mun;- ?mari 36 years It math or ale-roux, mandatory lite 32 t'mliinn i! an Individual 510 ql' whet 1l?iar'. Marijuana lizi 43 plants, i255 than 50 kg ma?tu?e Ha ahish lug air lass Hashish Cal 1 mg or less Not more than 5 years Fine not more Ehan 5259mm St n'iiltian Omar than individual Not more than 1G- 5500.000 4 an Individual; $2 million it other than individua? .30 Maryland Traf?cking Penalties Table 2 Applicable Sanctions Under State law for Possession or of Controlled Dangerous Substances Maiyi'rrnd Lew Code-rims. 5 Sdsedule? Penalty Offense 2nd Offense ll Not more than in yrs; ?neoi not liot less than to searsand suhiett to ?ne {extent whim is a nartoritdrug moretharr 525,0?ilor both uproSlO?,?O? or Hot yrsriioe oi not Not less than in searsand subjett to?ne othercontrolled lior more than 5 seats. Tw'rte trial otherwise aulhoroed, but not dangerous siestante line oi not more than lessthan 2 years classi?ed in Schedule oriiolh I. I'li'otlr' ferrite llo lesstiran 5 searsorline not more than dispensation or possession with il'drug kingpin" not less than Eritrean nor more than intent to distribute the following: sears?he oinoi more than 5?1 million 50 pounds or more oimariiuaha snore oicocaine or tooine minure it] 13 grams ormore ofmorphine oropium mixture in: mm dosage unils oilssergit acid diethylamide or mixture ie] 15 ounces or liquid Form or of any mitture containing pheotstlidioe [gi laid grams or more of methamphetamine orrniirture A person who manufactures, distributes, dispenses or possesses with the intent to distribute a centtolled substanCe dangerous substance in, on, or within feet of an elementary or secondary school will be subject to an additional term of not more than 20 years or a Fine oF not more than $20,000 or both for a first offense, and a term for not less titan ?5 or more than 4O years or a fine of not more than $40,000 or both for a second offense. Criminal Law Code Ann. Title 5-62?a Maryland Possession Penalties Meg-dared Criminal! Code Tr'ri'r 5 Substance Penalty - ist Offense 2nd Offense Ans controlled Not more than 4 years; iwite that otherwise authorised dangerous substante iirie elnoi more than ettepl marijuana 525.0%. or truth Marijuana llot more than 1 year. issote that otherwise authorized Miscellaneous individuals who have been conuicred of a controlled dangerous suhstanee offense on or aFterJanuary I, 199] are required to disclose that flier when applying 3] ii) For a license or license renewal. The licensing authority mayr reque to issue the license or impase appropriate conditions on the license (except For non- commercial driver?s licenses}. it For a list dangerous in bani-rarer arr-rd their ?shades for. Mag-dream Comma! Lorr- Code Ann, 5-402. Health Risks Substance abuse is now recognized as the number one public health problem in the United States. Approximately 30% of all admissicins to general hospitals and 50% to hospitals have detectable subscance abuse. Substance abuse accounts For approximately 150.0013 deaths annually. This includes deaths From stroke. diseases of the heart and liver. and all alcohol and drug related Suicides. homicides and accidents. Early detection can minimize or prevent the devastating consequences of substance abuse. Types of Drugs: Heroin. Peyote. Mescaline. Psilotybin iShrooms]. other Hallucinations. Methaodalone [litraaludes}. and Morphine. ilerneml. codeine. Perco-dan. Percocei. Fenianyi. llila udid. Secondal. Hembtatal. Cocaine. rim phetamines. and other opium and opium extracts [attain batbitutates suchas amobarbr'lol and codeine containing medicine such as Frorinal l3. Duriden. Tylenol ii}. Empitin ill. and codeine- based cough suppressants such asTussioner and l-lycomine; and all anabolic steroids. Ea tbitd rates. narcotics and slimulams including 'tI'alium. Talwin. Librium. Eouanil. Darvon, Darvocet. Flacidyl. lranzene. Setat. Ionamin {yellow iatlrc-is}. compounds that contain very limited amounts of codeine. dihyororodeine. opium. and atropine. such as terpine hydrate truth codeine. robilussr'n ht. Marijuana. Hashish. Hash dil. tetrahydrocannabinol. Health Risks: and physicallyaddictive. depression, withdrawal convulsions. death, unpredictable behavior with hallucinogens. possible damage to unborn letus. Prydiologically and physically addictive.- withdrawal convulsions. respiratory failure. ireouent accidents. possible damage to unborn fetus; death.- cocaine and amphetamines increase blood pressure which can lead to irregular heartbeat and death; amphetamines can cause agitation. increase in body temporature. hallucinations. convulsions. possible death. and physically addictive. potential liver damage. nausea and vomiting. dizziness. disorientation. shallow breathing. told and clammy sitin. coma. possible death; withdrawal include anxiety. tremors. insomnia. convulsions; possible damage to unborn fetus. and physically addictive. drowsiness. withdrawal tremors. abdominal and muscle cramps. insomnia. anxiety. convulsions. possible death; possible damage to unborn fetus. and physically addictive. gastrointestinal drowsiness. withdrawal including runny nose. watery eyes. panic. chills. cramps. Irritabiirty. nausea; possible damage to unborn ietu s. addict'rve; increased risit ollung cancer. bronchitis. and 32 contributesto trearr disease; fa tigue. paranoia, possible withdrawal intruding insomnia, byperattrvity and detreased appetite; depression oi the immune system; deceased sperm count in men and irregular ovulation in women. Types u?lcoltol: Health Mall is beer. of illito ?ll alcohol; physically addictive; respiratonr l'r'ine is wine not more than lilo alrolrol; depression; depression of the immune system intreased Fortified Wine is nine oi not more than 14% a ltolroi; risk of heart disease; tanter, attidents; hypertension; brain damage; damage to unborn fetus; impotente at high dosage revels. Spitituousliquor is distilled spiritsoretinll altohol; including spiritsofwine; ntrislrey; rum, brandy. gin. ett. Mised beverage isa drinlt tornposed in whole or pan oi spirituous quuorand served at restaurants, notelsand private clubs licensed stale. l'br additional af?rmation caramel yo tar than? health re: re pm order or plot terrorist. Residential Eonsumption law It is a violation For someone over age 21 to permit someone under age 21 to consume alcoholic beverages on property they own or lease. it does not require that the person over 2] he the source of the alcoholic beverage. Immediate Family members are exempt. So are religious ceremonies. The violation is a civil violation of the alcoholic beverages law (Section 401A) and carries a firm offense line ol? up to $500. Available Drug/ Alcohol Programs Student and Employee Assistance Programs Frosrburg State University believes that members of the university community who use illegal drugs or abuse drugs or alcohol severely limits their educational and human potential and their ability to achieve educational. career and personal goals. Frostburg State University provides educational programs and aetivities for all members of the university communit}r to increase their knowledge. awareness and understanding ofdrugs and alcohol. Students may receive crin?tlential and professional counseling through the University's counseling services. Referrals and information concerning community resources are available thmugh Counseling 6c Services or the Residence Life Of?ce. 33 (I . Employees may receive consultation and referral by Counseling 5t Services. Hutnan Resources Office or Allegany County Health Department. Information and programs are provided to enhance awareness and education concerning abuse prevention. Intervention efforts consist of substanCe abuse workshops. assessment. referrals to campus and community agencies. and involvement with support groups such as M, Adult Children of Alcoholics, NA and others. The program also offers a resource library to provide information about alcohol and other drug use and abuse. BUHG Sand Spring Hall Xd?il Contacr: Mr. Don Swogger BURG is a student organization offering peer education to FSU students concerning subsrance abuse issues. COUNSELING E: SERVICES Sand Spring Hall X4234 Contact: Dr. Spencer Dealtin Counseling Services provides short?term counseling, assessment and referral services for students. In addition. we provide educational and consultation services for students. RESIDENCE llFE Annapolis Hall X4121 Contact: Mr. Dana Severance The Residence Life Office provides educational programs and services on substance use and abuse. ?dditionally. we provide referrals to campus and community agencies. Disciplinary Procedures for Student Violators of Alcohol Policy Students may not possess. purchase or consume alcoholic beverages unless they are of legal age as defined by the State of Maryland for purchase, possession or consumption of such beverages. Any violation of the University?s Alcoholic Beverages Policy shall be construed as a violation of this secrion. The University policies are designed to minimize the risks associated with the consumption of alcohol. to reflect the needs nfthe entire University community and to uphold the law. The following sanctions may be imposed for violations of Improper Possession, Use antll'or Abuse of?icohol. 34 First Q??me: Mandatory attendance at. and participation in, an alcohol education program, A three-page paper written by the student on the information gained from the educational program as well as a $25.00 Alcohol EduCation Fine to the Student for this program and a $75.00 Judicial Programs Fine will be assigned. Student's parentis} or guardian will be notified by mail oftlie violation. Second Q?imse: Mandatory attendance at. and participation in, a substance aims: and education program offered. A three page paper written by the student on the information gained by the program as well as a $50.00 Alcohol Education Fine to the student for this program and a $100.00 Judicial Programs fine will be assigned. In addition. there will be one Semester of disciplinary probation. Student's parentisliguardian will be noti?ed by mail oftlie violation. Bird {wens-e: A third violation may result in housing contract cancellation and removal from University housing. or suspension from the University. Student's will be noti?ed by mail of the violation. 3M nary-n: of the offense. of me Humor-ref iriifm'rrmr may than?! in naming trauma-r mm?rd?u?im and remoroffmm' 'm'remr'?- housing, ria- loft-entry In mfn'trn'f refit-?y; deaf?)? Mir-Hum: a meme.- lierrimmendurrirm {but the Mir-den! be rile Administration of Policy This policy will be distributed annually to all employees and students taking one or more classes for any type of academic credit except for continuing education units. This policy will be reviewed by the University on a regular basis to determine its effectiveness and implement changes if they are needed, and to ensure that sanctions of student conduct are consistently enforced. A person who manufactures. distributes, dispenses or possesses with the intent to disrribute a controlled subsrance dangerous substance in. on. or within 1000 feet of an elementary or secondary school will be subject to an additional term of not more than 20 years or a fine of not more than 320.000 or both for a first offense. and a term for not less than 5 Or more than 40 years or a fine of not more than $40,000 or both for a second offense. Art. 27, 286D. Ann. Code of MD {1992} 35 Policy and Procedures on Sexual Assault University of Maryland System Policy on Sexual Assault l. Purpose and Applicability The University of Maryland System and its c0nsrituent institutions adopt this policy on sexual assault. consistent with the requirements of ii) Section 484?) of the Higher Education Act of 1965. as amended by Section 436(c)(2) of the Higher Education Amendments of 1992. and Section 11-60] ofthe Education Article ofthe Annotated Code ofMaryland. This policy applies to all Students anti employees. both faculty and non-faculty. ofthe University of Mari-iand System or its constituent insritutions. ll. De?nitions The following policy recognizes two levels of sexual assault: Sexual llssa tilt 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 he 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 an unwilling person's intimate parts {defined as genitalia. groin, breast. or burrocks. or clothing covering them) or forcing an unwilling person to touch anotlter's intimate parts. These acts rnusr he 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. Ill. Responsibilities of the Chief Executive Officer Each Chief Executive Officer of a constituent institution shall have the following responsibilities pursuant to this policy: identification of the person responsible for coordinating the constituent institurion?s educational program to promote awareness of sexual assault; (ii) identification ofthe person who will serve as the initial contact after an alleged sexual assault has occurred; and adoption of procedures to be followed should a sexual assault occur, including the importance of preserving evidence as may be necessar}r to the proof of criminal sexual assault. and to whom the alleged offense should be reported. 36 W. Educational Programs to Promote Awareness of Sexual Assault Each institution in the University of Maryland System shall make available to its students. faculty and employees programs to promote awareness of what constitutes sexual assault, how to prevent it. and what the insritution's procedures are for handling reports ofalleged sexual assault. in addition to general educational programs For the campus community. each institution shall provide Specialized training on the topic of sexual assault and the provisions of sexual assault procedures to those individuals who might be involved in providing services to or interacting with alleged victims so as to ensure timely. accurate and sensitive assisrance to all concerned, The UMS policy. together with the institution's procedures concerning sexual assault. shall be distributed to all Students. Faculty members and employees and shall be posted in appropriate locations at the institution and published in appropriate institution and system publications. ll. [Hi-Campus Reporting of Sesual Assaults W?hen a report of sexual assault is made to the institution's initial contact. that person will encourage the alleged victim to contact law enforcement and medical personnel as soon as possible Following the incident to receive guidance in the preservation of evidence needed For prooF of criminal assaults and the apprehension and prosecution of assailants. Campus authorities will assist in noti?cation oFoFf-campus authorities at the request oFthe alleged vicrim. Additionally. campus personnel retain the right to contact law enforcement personnel directly where an issrre of campus security is involved. Campus personnel will also assist the alleged victim in obtaining medical attention, ii" the victim chooses. including providing transportation to the hospital or other emergency medical facility. Each institution shall designate one or more nearby hospitals which are equipped with the Maryland State Police sexual assault evidence collection kit. 1Il'l. {amp us Disciplinary Procedures 1. Student Ilisdpiinary Procedures a. In addition to any criminal or civil remedies available under the law. any act of sexual assault is a violation of this University of Maryland Policy on Sexual Assault and is subject to disciplinary proceedings under the insritution?s judicial system. The range of judicial system penalties For students shall include, but not be limited to. one or more ofthe following: alteration ofclass schedule. disciplinary reprimand. loss of privilege. resritution. Disciplinary probation, Disciplinary suspension, Disciplinary dismissal, and Disciplinary expulsion. b. The on-campus procedures shall provide the accuser and the accused are afforded the same opportunities to have others present during a campus disciplinary proceeding; both the accuser and the accused are informed of 3? the outcome of any campus disciplinary proceeding brought alleging a sexual assault: and (3) the offense must be reported according to federal reporting mandates and Maryland state law. 2. Faculty and Employee Disciplinary Procedures In addition to any criminal or civil proceedings available under law. any not of sexual assault is a violation of this University of Maryland System Policy on Sexual Assault and is subject to appropriate faculty and employee Disciplinary procedures, The range ofemployment penalties for faculty and employees shall include, but not be limited to. one or more of the Following: counseling, suspension. or termination of employment. ?lill. Services for Victims Faculty, employees and Students who are. victims of sexual assault shall be offered access to counseling through mental health services available at the institurion. other victim service entities in the surrounding community. or the neareSt state designated rape crisis program. Each inscitution shall designate existing counseling. mental health and student services. both on campus and in the community. which are available to victims of sexual assault. After a sexual assault has been reported at the institution, and upon the requcsr of the alleged vicrim. the victim shall be offered an alternative academic. living or employment situation if such alternative is available. feasible. and appropriate to the facts of the sexual assault reported. Implementation and Reporting Procedures Each Chief Executive Officer shall identify hisiher designeels) as appropriate for this policy; shall develop procedures as necessary to implement this policy; shall communicate this policy and applicable procedures to hisiher institutional community; and shall forward a copy of such designations and procedures and any subsequent changes in such designations and procedures to the Chancellor. Institutional procedures that are part of this policy are on file in the Office of the Chancellor. Frostburg?s Procedures for Implementing the Policy A. Procedures to Follow if Sexual Assault Occurs 1. lm mediate steps for self-care and safety: Immediately after the assault you may be in a state of shock. Usually. your first reaction will be to take a bath or shower. Please don't. Instead. wrap yourself in something warm such as a blanket or coat. Call someone to help you immediately. We recommend that you call the University Police at 501.687.4222 for an initial contact. Victims react to this state of shock in different ways; some are upset. angry or calm. Whatever your reaction. you 38 C) (t may be able to make better decisions by talking to someone you trust or someone trained. instead of responding to your initial Feelings immediately after the crime. Staying warm, instead ofcleaning up right away, will help you accomplish two important things: you will be helping your body to recover from the shock due to the assault; and you will not have disturbed or destroyed any evidence needed if you decide to prosecute. It is extremely important that you: DO HOT shower or bathe 'get to a sale place brush nrcamlt your hair ?call the pelicetcirhelp douche ducts and windows urinate {if possible] ?iteep Iivarrn change clothes *get medical attention eat erdrinl: anything 'wrtte clown all yen can remember or rinse your teeth or smalce 'take a change nfcluthing to the hospital or sexual assault center; much thian at the crime scene ?it you must change your clothes. put them in a paper bag to give to the pnlice [plastic destroys evidence}. 2. Seek Medical Assistance It is very important that you see a docror as soon as possible a?er a sexual assault. A medical exam serves two purposes: it ensures that you receive whatever medical aid you need and available physical evidence can be collected. The University Police or Dr. Jesse Ketterman will also assist the victim in obtaining medical attention if the victim chooses. including providing transportation to the hospital or other emergency rnedical Facility. B. Victim Services 1. Western Maryland Sexual Assault Center The Rape and Sexual Assault Center for the area is located at Western Maryland Health Systems {301.7234 in Cumberland is a Zdrhour service providing medical care. evidence collection and counseling services. A medical examination is always recommended even iF you decide not to of?cially report the crime. it may be. a good idea to have evidence collected initially in case you do decide to take legal action at a later date. 2. Bramr Health Center Brady Health lCenter provides non?emergency health care, preventative STD treatment, serial STD exams, contraception. pregnancy testing and ongoing follow?up care as needed Evidence collection would need to be done at lWestern Maryland Regional Medical Center. 3. Family Erisis Resources Center, Inc. The Family Crisis Resources Center {301.759.9244} is located in Cumberland and provides Free. 24 hour support services For victims of rape. sexual assault 39 and domestic violence. The outreach oilice in Frostburg is located at 62 Meshach Frost Village and can be contacted by phone at 301.689.6390. 4. Counseling antl Services Counseling and Services (301.637.4234) provides individual and group counseling for victims of sexual assault. sexual abuse and incest. 5. Student and Educational Services Students who report they are victims of a Sexual assault are encouraged to contact the Of?ce of Student and Educatiooal Services l30l.687.431]l for assistance in changing academic and living situations. Appropriate changes will be made as are reasonably available. C. Victim Complaint If the accused is an employee. a victim may file a complaint For internal disciplinary action with the vice president of the division in which the accused is employed. If the accused is a student, the University student cottduct administrator in the Of?ce oF Student and Educational ServiCes (301.68?.43l I) is responsible for Student conduct. A sexual assault victim. University PoIiCe or any member of the University community may file a complaint with the University Code System. inquiries concerning Title IX may refer to the University's Title IX Coordinator or the Office ofCiviI Rights. 8. Disciplinary Procedures in addition to Student Disciplinary Procedures I(pg. 37) ourlined in the University Sysrem of Maryland Policy on Sexual Assault. procedures For sexual assault will be conducted through the established heating procedures as described in the University Standards of Personal and Group Conduct. For additional information regarding the hearing proCess. see the Hearing Panels section on page 16 and Hearing Procedures on page 17?20. Ed uratien Coordinator The person responsihle For coordinating educational programming to promote awareness of sexual assault for students and employees is the Dean of Students. Dr. lesse- Ketterman, who is located itt Hitchins 11-5 and may be contacted at 1587.43] i. During orientatiOn students are provided information relating to sexual assault education. personal saFery and security. and responsible student behavior. The Uch ofStudertt and Educational Services will olier programs. upon requeSt. to the campus community relating to Sexual assault education. Student organizations, BURG Peer Education Network and the V-Day. offer programs throughout the fall and spring semester to increase avvareness :1hour 40 F's. sexual assault. A speaker on sexual assault education will be invited to campus in the Fall semester. which is open to the campus community. Initial Contact Person The initial contacr person for reporting Sexual assault vicrirns is the Chief of Police who is i0cated in the Police Building and may be contacted at 3016814328. The Chief will assist students and employees in obtaining appropriate services. Title Coordinator The Title Coordinator is Beth Hoffman. Dirt-etor of Compliance. ADNEEC) Hitchins. The coordinator's responsibilities; include overseeing complaints ofsex discrimination and identifying and addressing any patterns or systemic problems that arise during the review of such complaints. Sexual Harassment Policy The Frostburg State University Community is committed to maintaining a working and learning environment in which Students. faculty and Staff can develop intellectually, professionally, personally and socially. Sexual harassment is inconsistent with maintaining such an environment and is a form of discrimination prohibited by federal and state law. The position of this university is that sexual harassment within the campus community will not be tolerated. By law, sexual advances. tequeSts for sexual favors and other verbal or physical conduct ofa sexual nature consritute sexual harassment when: 1. Submission to such conduct is made explicitly or implicitly a term or condition ofan individual's educational or career advancement; 2. Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting such individual's career or educational advancement: or 3. Such conduct has the purpose or effect of substantially interfering with an individual's performance or creating an intimidating. hostile or offensive employment or educational environment. Sexual harassment includes a variety of behaviors and may occur within a variety of relationships, including relationships betvveen persons of the same or different genders or persons of equal or unequal power. For example. sexual harassment may he as undisguised as a direct solicitation of sexual favors or solicitation accompanied by overt threats. Harassment may also be implied by unwelcome physical Contact; sexual remarks about a person's clothing, hotly or sexual relations; conversations or jokes and stories ofa Sexual nature; or the display in the work place or use in the classroom of sexually explicit materials which are 41 inappropriate or withour defensible educational purpose. Such acts are more likely than not to in allegations of sexual harassment. In assessing whether a particular act constitutes sexual harassment forbidden under this policy. the rules of common sense and reason shall prevail. The standard shall be the perspective of a reasonable person within the campus community. Members of the university community with personal knowledge of incidents of harassment are encouraged and university employees are required to report such knowledge to the Director of Af?rmative Action/Equal Employment Opportunity. All allegations of sexual harassment will be expeditiously. thorougth and con?dentially investigated Following the Office of ADNEEO Allegation of Discriminariom?Harassment Procedures. The rights of both the alleged offender and the offended will be proteCted. including protection from retaliation. Frivolous or false reports of sexual harassment will be treated as seriously as the offense itSelf. Sanctions for sexual harassment may vary reprimand to termination of employment or dismissal from the University. In addition, an individual may be criminally prosecuted for sexual harassment. The University's commitment to maintaining a learning environment in which the intelleCtual. professional. personal and social development of members of the campus community is assured requires that all members of the community adhere to ethical and professional Standards ofconduct, as well as to legal standards. Therefore. consenting romantic or sexual relationships between faculty or staff member and student or between supervisor and employee, while not expressly forbidden, are generally deemed very unwise. Power differences between faculty and students or between supervisors and supervisees make the subordinate's voluntary consent to even an apparently consensual relationship questionable. Sexual relationships between a professor or supervisor and a subordinate may result in con?icts of interest or raise questions of favoritism. Wherever a power differential exiSts between persons who are romantically or sexually involved. the parties must realize that if a charge of sexual harassment is subsequently lodged. mutual consent will not necessarily be accepted as a reasonable defense. Policy on the Reporting of Suspected Child Abuse and Neglect in accordance with University Sysrem ofMaryland Policy, 'v?l 1.51} (Policy on Reporting afhb'urperred carer Abuse and Negfeef}. faculty. staff. and students are required to report suspeeted child abuse and neglect to University I?olico' Reporting requirements can be found at 42 Health and Life Safety Policy Statement Frostburg State University considers its students. staff and faculty to be among its most important and valuable assets. FSU seeks to prorect human and physical resources by reducing and eliminating all potential health and physical hazards. Increasing the awareness of hazards and encouraging the use ofcomrnon senSe will assist students, staff and faculty in conducting study. work and campus acrivities safely. Frostburg State University recognizes its responsibility for pmviding its students, Staff. and faculty with a safe and healthy environment and is committed to meeting its obligations under federal and State laws. Safety cannot be the responsibility of any one person. All students, staff and faculty are responsible for reporting all potential health and safety hazards to one of the following departments: Residence Life Office the Office of Human Resources Safety Office (RENEW), or the Physical Plant Department (X4125l. STUDENT: All students shall comply with the fire safety requirements listed in the Residence Hall Guide. The guide requires students to understand that all life safety equipment including. but not limited to. smoke detectors, fire alarm pull stations. bells, horns, gongs. visual strobe lights, and fire doors in the halls are for. their immediate safety during an emergency. Compliance with these fire safety requirements is the responsibility of srudents living on campus. Other health, safety and fire prevention guidelines are noted throughout the Policy Statement Manualf?arb?nder. When a student is concerned with what they deem a potential health, safety, fire or environmental hazard. they should immediately call the Office of Human Resources Safety Office at 3:439? If the situation is an immediate health or security related matter. the student should immediately call the University Police at x4222. Fire evacuation drills are scheduled and conducted in compliance with the State Fire Code and the National Fire Protection Association Life Safety Code. STAFF: Each employee has an individual responsibility to report all unsafe and porenrial hazards to their immediate supervisor. Learning and complying with all current Occupational Safety and Health Administration Standards and Maryland Occupational Safety and Health Standards are a part of the initial employment agreement. Fostering a safe work place is the responsibility of the employee and the supervisor on a daily basis. The employees are to follow the fire evacuation procedures during the activation of all building fire alarm systems. The Safety Office distributes fire evacuation procedures each Semester. Capies of current safety standards and evacuation procedures are available by calling 43 FACULTY: Each member of the faculty has an individual responsibility to insure a safe work place and to comply with current safety Standards. Fire evacuation procedures shall be complied with during the activation of all building ?re alarm systems. During the evacuation of a building, the faculty member shall be responsible for the orderly evacuation of all students within their immediate classroom or lab. It is the responsibility of the faculty members to instruct the students in the proper use of personal protective equipment during classroom and lab procedures when required. The Office of Human Resources-Safety Office distributes fire evacuation procedures on a yearly basis, Copies of current safety standards and evacuation procedures are available by calling X4897. Frostburg State University's first priority is to the health and well-being of all employees and students. To achieve this goal, compliance with standards from the Federal Environmental Protection Agency and the Maryland Department of the Environment is crucial. A healthier and cleaner environment is not the responsibility of one person, one department or one divisiorr. Maintaining a balance with the environment is the responsibility of each FroSIbutg State University employee and Student. Sex Offender Registry The Campus Sex Crimes Prevention Acr is designed to make campus communities aware of sex offenders in their midst, just as "Megan's Law" does for non?campus. residential communities. In Maryland, a sex offender registry is maintained by the Department of Public Safety. You can access it at: or by clicking on the link at the University Police web page. The linked page gives a full explanation of the use to which the sex offender registry can be put. as well as Some cautionary advice. 44 Campus Security Act Disclosure Statement Frostbutg State University's idyllic setting. attractive Facilities and sense oi community combine to make campus crime a seemingly very remote concern. While our crime rates are indeed very low. crime can and sometimes does occur. The information that Follows is intended to advise the campus community. as well as prospective members of the campus community. of Frostburg State University's general security policies. crime occurrences. arrest data and crime prevention programs. This disclosure is required oF all colleges and universities receiving Federal student aid Funds. The crime rate information and arrest data are presented in the Fashion prescribed by law. making For easy comparison with the disclosure Statements oF other institutions, thinlc you will Find Frostburg State University to be in a very Favorable position. and I urge you to join the many other individuals and departments on campus that continually strive to make Frostbutg State University the safest place it can be. Smith Uriel of Police Police Services at FSU The University maintains a police Force oF17 sworn oFFicers. Each oFFiCer meets or exceeds the certi?cation standards of the Maryland Police Training Commission. lit-service training is an ongoing procedure, and of?cers receive training in topics such as rape and sexual assault. the handling of racial-religious- ethnic incidents. First?aid. firearms. search and seizure. defensive taCIiCs, etc. University Police Of?cers have the same law enforcement authority and responsibilities as the police or sherist department in your hometown. "With certain exceptions. that authority is limited to the campus grounds. Officers are responsible For a Full range oF public saFety services. including ?rst- aid. assistance, emergency messaging. traffic control. crime prevention. and fire scene first responder. Law enforcement responsibilities encompass the entire criminal code of Maryland. including decriminaliaed oFFenses such as underage drinking. A civilian support staFF assists the police oFFicers, as do student employees who Function as dispatchers. parking aides. and security assistants. University Police OFFicers operate From a campus-centered philosophy and handle most incidents without outside assistance. The Combined Countywide Criminal investigation unit supplies crime lab. polygraph and other advanced investigative Services. The Frosrbutg City Police monitor and share information regarding crimes and offenses on adjacent public property and by oil?campus student groups. Additional information and assistance is Furnished by the Maryland State Police and the Allegany County SheriFFs Department on a case- by?case basis. 43 How. When and Why to [all the Police The University Police emergency telephone number is 30113314222. You may also contaCt the police by means of one of the several emergency telephones on campus. A police officer or a police Communications officer will answer your call 24 hours a day. every day of the year. Anonymous crime information can also he submitted to Allegany County Crime Solvers at 30] or to our Tip Line. 30] .GBISTOP The University Police Department depends on and encourages active community involvement. We promise to treat all crime victims with dignity and respect and to offer assistance and support throughout the criminal justice process. The sooner we are notified ofdangerous conditions. criminal activity or suspicious behavior or conditions. the higher the likelihood of a successful resolution to the problem. If you are the victim of a crime and do not want to pursue action within the University System or the Criminal JustiCe System. you may still want to consider making a confidential report. With your permission University Police can file a report on the details of the incident withoUt revealing your identity. The purpose of a con?dential report is to comply with your wish to keep the matter confidential. while taking steps to ensure the furute safety of yourselfand others. With such information. the University can keep as accurate record of the number ofincidents involving students. determine ifthere is a pattern ofcrime with regard to a particular location. method or assailant. and alert the campus community to potential danger. Reports filed in this manner are counted and disclosed in the annual crime statistics for the institution. [samples of situations that should he immediater reported to the police are: 0 any criminal activity that you observe or are a victim of; In any injury to a person or animal; I fire. smoke. or other indication ofa possible fire; - suspicious sounds such as breaking glass. screams. explosions. gunfire; - display of weapons: firearms. knives. martial arts weapons. fireworks, or archery equipment; I physical security deficiencies: broken loci-cs. doors. windows, light bulbs that are missing or broken; strangers in your work or living area, especially if they are carrying items out. Or offer items for sale at unusually low prices; I people loitering in lounges. halls or parking lots. people removing items from a vehicle and leaving in a second vehicle; 0 information regarding drug use or traf?cking. 46 The list ofreportahle activities or conditions could be made much longer. The important thing to remember is to trust your instincts and to notify University Police ifyou are at all suspicious. You may also report crime to Other university administrators or employees with significant responsibility for student and campus activities. Examples of such campus security authorities are any member ofthe Executive Committee. the Affirmative Acrioni?Equal Opportunity officer. Residence Life professional or hall staff, Lane lCenter professional staff. or any other member of the professional staffof the Vice President for Student and Educational Services, excepting professional counselors acting as such. Pastoral and professional counselors are encouraged. if and when they deem appropriate. to inform persons being counseled ofrhe procedures to report crimes on a voluntary basis for inclusion into the annual crime statistics. Similarly. the Director of Athletics, a team coach, or a faculty advisor to a student group may receive reports ofcrime on campus. Crimes reported to alternate university security authorities may be made on an anonymous basis. and will be reported in the university's annual statistical disclosure as unverified, good faith reports. . A complete list of campus security authorities including contact information can be obtained from the Chiefof Police. Smith by phone at 301687-4223 or email at For immediate response with the highesr likelihood ofa positive outcome. the University Police recommend that they be the primary contact point. lfyou call University I?oiice. try to remain calm. Stay on the telephone until the dispatcher tells ytiu to hang up. unless you are in immediate danger. You will be asked a number of questions. including: your name rne circumstances you are reporting the irritation oftne incident - when it happened I who it involved diner nettinnt eminent tn the en r'ncriient on are re orti'n Have the following descriptive information ready if you can: PEHSENS MITUS name license numbert'state age maker" model raceisex color . heightiweight outstanding charactetiStics clothing number ofoccupants 4? (i (i (rime Awareness and Prevention Programs Frosrburg State University?s low crime rate is due in large part to the efforts made to prevent crime from taking place. FSU was the recipient oFtlte Governor?s Crime Prevention Award in 1987. and annually since 1990. Crime advisories are published in the student newspaper, and other alerts will be published, if necessary, on the university's computer network and in residence halls, parking lots. etc. These "timer warnings" are issued based on the professional judgment and experience of the University Police Department. Sign up for ReGroup messaging here mavlrostburgedui?regroupi'. A log of reported incidents. the Crime log, is open For public inspection at University Police headquarters and may be viewed electronically by going to the Frosthurg State University Police website at and clicking on Clery campliance. General Tips: Be aware oFyour surroundings. Walk with another person if possible. in open, well-lit?areas and take note of who is around you. Avoid distracting activities. Such as listening to music while walking as it prevents you from sensing the presence ola potential predator. Make yourselfaware ofthe numerous blue light emergency phones around campus. Residential Security: Always lock your doors even ilyou are going neat door [or less than a minure. Nearly all residential burglaries on campus 0Ccur when the victim's door is unlocked. Avoid the? by roommates or other individuals invited to your room by placing valuable items in a safe secure area. 1lv?ebit?e Security: prossible. purchase a security device that locks the steering wheel or brake pedal. {these are often more effective than alarms). Do not leave valuables in plain view. remove car stereos. GPS systems, ipods, cell phones etc. Identity Security: Shred credit card receipts. bank statements and credit card tillers. Keep tabs on yom wallet and purse at all times. Thieves only need to find one piece oFmail or your driver?s litense to Steal your identity and cause irreparable harm. Monitor your bank and credit card statements to make sure unauthorized transacrions are not being charged to your account. The following prevention and deterrence programs are available From University Police upon requesu Operation Identi?cation: You may borrow an engraver from University Police to mark your personal property and will be given a form to record the description and serial numbers of your property. You may also go online at the University Police website click on forms to record your property electronically. In the event ofa theft, the descriptive information oFyour 48 property will be entered into National Crime Information Center data base for tracking purposes. Security Surveys: A University Police Officer will visit any campus residence. office or class area and malt:- procedural or physical security recommendations based on proven crime prevention techniques and the officer's advanced training. Group Presentations: University Police Officers will make group presentations on the subjects ofdrug and alcohol abuse. tape and sexual assault prevention. as well as many other areas ofcrirnc prevention. In addition. officers meet with international Students as they adjust to their new surroundings and provide them with general crime prevention and university services information. Personal Escorts: Police of?cers. when available. will provide on-carnpus escorts for anyone who is concerned for his or her physical safety. Anonymous Tip Line 0867): Frostburg State University has a ?Tip Line? for students. faculty. staffanti members ofthe community to use to anonymously provide information about crimes. disturbances or concerns. Upon calling the "Tip Line?. the caller will hear recorded instructions and be directed to leave a message containing the information they wish to share. The information will then be appropriately followed up on. . Security and the Physical Plant Department The Physical Plant Department maintains university buildings and grounds with a concern for safety and security. It inspects campus buildings regularly. makes repairs effecring safety and security and responds to reports of potential safety and security hazards such as broken windows or locks. University Police assists Physical Plant personnel by formally inspecring campus buildings on a quarterly basis. Repairs and improvements are done on a work order basis. except in emergency situations. Faculty and staff may submit worit orders through their departments. Student work orders are initiated in the Residence Life Office. Facility Access Policies Most university facilities are open to the public during the day and evening hours when classes are in session. Hours of operation differ for different programs and facilities. but most close by ll:[iC pm. During times that the university is officially closed. campus buildings are generally locked and only faculty. staff :tnd some students with proper authorization are admitted. Residence halls are locked 24!? when classes are in session. Access is by key or IllI card. 49 Statistical lie-port The disclosure of crime sratisrics is not a recent doveiupment at FSU. The University Police Department submits a montth Uniform Crime Report to the Maryland State Police. and has done so since The Following charts re?ect the number of crimes and arresrs for the past three years. None are hate or bias related. Crime and arres: data are compiied by the University Police Department from their own records and those of allied police agencies. the Of?ce of Student and Educational Services. and by canvassing other campus security authorities. 50 TERROR HON PLIS PUB LIE TGTAL FHCILITIES PROPERTY CRIMINM 0FFEH5ES MURDERIN 0N-HEGLIGENT 201 1 0 0 0 2010 0 0 0 0 2009 0 0 0 NEGLIGENT MANSLAUGHTER 2011 0 0 0 2010 0 0 0 0 2009 0 0 0 0 SEX 0FFENSESI FURCIBLE 2011 6 4 0 0 2010 3 2 0 0 2009 0 0 0 0 SE11 OFFENSES, HUN-FUREIBLE 2011 0 0 0 0 2010 0 0 0 0 2009 0 0 0 0 ROBBERY 2011 0 0 0 0 2010 0 0 0 0 2009 1 1 0 0 AGERAMTED ASSAULT 2011 0 0 0 0 2010 0 0 0 1 2009 0 0 0 0 BURGLARY 2011 10 9 0 0 2010 15 15 0 0 2009 15 13 0 0 MOTOR VEHKLE THEFT 2011 0 0 0 0 2010 0 0 0 0 2009 0 0 0 0 21115011 201 1 0 0 0 0 2010 0 0 0 0 2009 0 0 0 0 MURDERIHUN-NEGLIGENT MANSLAUG HTER 201 1 0 0 0 0 2010 0 0 0 0 2009I 0 0 0 0 51 1120110011 MANSLA 0011100 2011 0 2010 0 2009 0 002211525, 101101102 2011 0 2010 0 2009 0 SE11 00011525, 0012-2000102 201 1 0 2010 0 2009 0 001302111 2011 0 2010 0 2009 0 2150110911120 1155111111 2011 0 2010 0 2009 0 0011012199 2011 0 2010 0 2009 0 100100 VEHICLE THEFT 2011 0 2010 0 2009 0 205011 201 1 0 2010 0 2009 0 SIMPLE ASSAULT 2011 1.1 2010 0 2009 0 2011 0 2010 0 2009 0 1111100001100 2011 0 2010 0 2009 i] C) 0ESTR UETIUNIDAMAGENANDMISM 0F 2011 {1 0 0 0 {1 2010 0 0 0 0 0 2009 0 0 0 0 0 IRRESTS WEAPUHS2010 0 0 0 0 2009 0 0 0 0 13 DRUG ABUSE VIULMIDNS 2011 S2 43 0 0 S2 2010 5? I14 0 0 51' 2009 32 13 0 1 H0000 LAW VIDLMIONS 2011 104 93 0 4 10B 2010 21 52 0 1?1 35 20051 22 42 0 14 36 00110115 WEAPONS: URRYIHGIPDSSESSIUN 2011 0 0 0 0 2010 0 0 0 0 0 2009 0 0 0 0 0 DRUG 7111012010le 201 1 1E- 15 0 0 16 2010 12 5 0 0 12 2009 13 13 0 0 13 LAW 1110111110115 2011 2010 94 91 0 0 94 2009 23 23 0 4 2'2 53 (i (mi '(rimes reported in the i-?tesio entiai Facilities column are do piitated in the [in Campus ?Category 20H FIRES INJURIES DEATHS ALLEN HILL 0 AHNAPULISHML CEMBHIDGE HALL 0 CUMBERUIND HALL DIEHL HALL ii EDGEWODD FREDEHIEK HELL 0 0 ID FRUSI HALL 0 SDWERS HALL i} SIMPSON HALL (I 0 WESTMINSTER HALL i} 0 "Additional information regarding ?re safety will be available of the University website: Emergency Student Notification Policy University Police {301.637.4223} should be contacted if a student has been missing for 24 hours or if there is suspicion a student is missing, regardless of the time that has elapsed. Within 24 hours of' the determination by University Police that the student is missing. the University will notify the emergency contaet indicated by the student and notify allied agencies. Students should maintain accurate emergency contact information in which identifies an individual the University will notify if the student is missing. In addition to an individual indicated as the emergency contact. the parent or guardian will also be notified iF the student is under 18. Emetgency contact information will be available to campus officials and law enforcement personnel in the event of a missing person investigation. or if otherwise authorized by a law enforcement investigation. Emergency Response and Evacuation Procedures The emergency response and evacuation procedures are available on the University website at A printed copy is available at the Och offituclenl and Educational Services. 1 If: Hitchins Building. Timely Warning Policy 54 r' I L) Timely Warnings are provided to give the University Community noti?cation of crimes that may present a threat to the campus community and to heighten safety awareness. Pin informed community is better prepared to ensure its own safety. Crime alerts may also ask for information that may lead to arrest and conviction ofthe offender. University Police will issue a Timely Warning when there is a reported crime that poses a potential threat to the Safety of the University community. Timely Warnings will he issued for incidents occurring both on and off campus. Timely Warnings are issued via Re-Group in both text and e-mail format. you are strongly encouraged to sign up for these alerts here Wfrosthurgedufregroupi This information is previded as part of Frosthurg State University's commitment to the safety of the campus and is in compliance with the federal Student Right-to-Know and Campus Security Act of 1990 [Public Law 1111-542 as amended to the Clery Act of 1998} and the Higher Education Opportunity Act of 1965 (Public Law 11(1?315 as amended in 2008). Jeanne Clary Dlsdosure of Camp us Security Policy and Campus Crimes Statistics Act Disclosure Statement for the University System of Maryland at Hagerstown The Jeanne Clery Aer of 1990 requires that students and employees of the University System of Maryland Hagerstown (USMH) he informed of campus crime rates and of university policies relating to safety and security. This disclosure statement is in compliance with that net. Police Services. The Hagersrown Department of Police is the primary response unit for any crimes which may occur in or near USMH. Tltey may he reached at 9] 1, (emergench or 301.?90.370? (non?emergency}. Police personnel of the Hagerstown Department of Police meet or exceed the training requirements of the Maryland Police Training Commission. They will provide initial police response. as well as specialized follow-up. A subrstatinn of the Hagersrown Department of Police is located on the first floor of the USMH Center. on the west end of the building. it is staffed by members of the Downtown Patrol. although there is not an officer at present at all times. Crimes or offenses, including sex offenses. may also be reported to the director of the USMH at 240.52?.2727. Crime Awareness and Prevention Program. Students and employees should take reasonable steps to promote their own safety. Crime advisories will be circulated to students. faculty and staff on an as-needed basis. based on the professional judgment of administrators. the Police. andi'or the Frosrburg State University Police. Crime prevention presentations can be arranged through the Hagerstown Police. or the FSU University Police. For 55 C) further information. or to arrange a crime prevention presentation, call R. Smith. FSU Chiefofl?olice at 301.687.4225. Timer Warnings. In the event that a situation arises at USMH. or on adjacent public property, that, in the judgment of USMH adminisrration andiot local police. constitutes an ongoing or continuing threat. a ?timely warning" will be issued to the students. faculty and staff of Timely warnings will be issued in print form and posted conSpicuously near building entrances. Facility Security. Physical security problems such as doors or WindOws that need adjustment should be reported to the Security Desk in the main lobby. Facility Access Policies. USMH operational hours are from 9:00 am to 10:00 pm, Monday through Thursday. On occasion. classes extend to ?:00 pm. Friday hours are from 9:00 am to 5:00 pm. Saturday classes are held from 9:00 am to 2:00 pm. There is a reception area that is Staffed by a private security firm. Video surveillance of all entrances is conducted during operational hours. Drug and Aieoboi Paiin'es and Programs. USMH does not condone possession. use or distribution of controlled substances or drug paraphernalia. Alcoholic beverages may only he possessed or consumed in a manner consistent with Maryland state law. Anyone in violation of Maryland state law with regard to either drugs or alcohol is subject to disciplinary action and possible arresr. fine or imprisonment. In addition to state restrictions on the possession or consumption of alcoholic beverages. USMH restrictions may apply as well. USMH alcohol and drug policies will be made available to all students and employees upon ?nal approval. Drug or alcohol services are not offered directly by USMH. Local agencies should be consulted. The Washington County Health Department may be mntacted at 3013913314 for either drug or alcohol information. or for referral to other community resources. Sex O?imder Registry. The Campus Sex Crimes Prevention Act is designed to make campus cotnmunitics aware of sex offenders in their midst. just as ?Megan's Law" does for non-campus, residential communities. In Maryland, a sex offender registry is maintained by the Department of Public Safety. It may be aCCessed at: . The linked page gives a full explanation of the use to which the sex offender registry can be put. as well as some cautionary advice. 2011 No Reportable (times at the USM-H, 32 W. Washington St., Hagerstown, Md. 56 lav-Ha. hi PN 1.008 POLICY ON NON-DISCRIMINATIONJEOUAL OPPORTUNITY Frostburg State University af?rms its commitment to a campus environment which values human diversity and respects individuals who represent that diversity. Fostering diversity and respect for difference is a fundamental goal of higher education, ranking among the highest priority of this institution. In this spirit, Frostburg State University is committed to a policy of equal opportunity and to the elimination ofdiscrimination in both education and employment on the basis of race, color, national origin, ethnic background, gender], sexual orientation, age creed, political or religious opinion or af?liation, disability, veteran's status or marital status, in conformity with all pertinent Federal and State laws on non?discrimination and equal opportunity. This Policy shall apply to the campus community. The term "campus community" is limited to campus students, faculty and staff; and to departments, committees, of?ces and organizations under the supervision and control of the campus administration. The University has comprehensive written procedures to investigate and resolve complaints of discriminationfharassment. These procedures may be obtained from the Office and Title IX Compliance. 1. Inquiries from students concerning an allegation ofdiserimination against: another student should be directed to the University Judicial Administrator, located in the Office of Student and Educational Services; 2. A University employee should be directed to Office and Title IX Compliance. lThe University maintains a separate policy on sexual harassment, which appears in appropriate campus publications (Administrative Policy No. 1.004). Procedures for initiating a complaint of sexual harassment are generally the same as for initiating any discrimination complaint. (internal) STATE UNIVERSITY Policy Slulemenls 2013-2014 for Students, Faculty and Staff of Frostburg State University CODE OF STUDENT CONDUCT HAZING SUBSTANCE ABUSE SEXUAL ASSAULT SEXUAL HARASSMENT HEALTH 8: LIFE SAFETY CAMPUS SECURITY MISSING PERSONS NOTIFICATION sponsored by the Division of Student at Educational Services Introduction This booklet has been prepared by the stalT to inform you ofirnportant policies about sexual assault, substance abuse. campus security, and the University Standards of Personal and Group lConduct, which includes the Code of Student Conduct We hope you will review this document and lteep it as a resource. The information in this document takes precedence over other materials which may be published in other documents elsewhere. We express our sincere thanks and appreciation to all persons and agencies which contributed to this document. Division omedenr and Educational Services Fall 20!} Institutional Policy on Student Behavior Frostburg State University is a community. For the University to meet its educational goals. we must be a disciplined community. Such a community offers an environment that allows individuals to develop their hall potential. To that end. the University has created a set ofstandards regarding personal conduct within this community. Personal responsibility and respect For others are the key values underlying these standards. Teaching students to accept responsibility for their behavior and to respect the rights of other: is a high priority For our university community. The community benefits From this learning through the improvement of the learning ensironment. Students become more productive when they have adopted these values. One of our responsibilities is to challenge behavior that violates the rights of others or which violate the laws of the larger society. By holding each student to a high standard of behavior, we both protect the campus community and promote the moral and ethical development of students. In doing so, we also have an obligation to regard each Student as an individual. deserving individual attention, consideration and respect. There are times when the University musr exercise its responsibility to the community by suspending or expelling a student who has violated the University Standards of Personal and Group Conduct. Behavior which is prohibited by these standards is outlined below. These standards arise from the key values of" personal responsibility and respect for others. By presenting these to you, we hope to begin a process which will lead to your support oi" the guidelines and the values upon which they are based. We believe that the educational Focus of our institution will he served best by a serious commitment to helping students develop responsible personal attitudes and behavior. We feel it is our responsibility to establish behavioral guidelines which are suited clearly and to define the consequences for those acts outside these guidelines. We intend to fulfill this goal by making these guidelines and consequences well known to all members of our community. It is our hope that the response to these expectations will be a positive one which enables our community to better achieve its educational mission and to affirm the wholeness of that mission. inside and outside ofthe classroom. Interpretation of Regulations Student conduct regulations at the University are set forth in writing in order to give students general notiee of prohibited conduct. The regulations should be read broadly and are not designed to de?ne misconduct in exhausrive terms. (l Inherent Authority The University reserves the right to take necessary and appropriate action to protecr the safety and well?being of the campus community through enforcement of the Code ofStudenr Conduct both on and offthe University premises. Search and Seizure Frostburg State University has the authority to conduct a reasonable search of university property. including but not limited to residence hall rooms. A srudent's residence hall room, personal possessions or other university property will be searched by university officials only ll} when there is reasonable cause to believe that illegal or other detrimental use is being made of the property in violation of university policy and under authorization by an adminisrratot designated by the President. The authoritarian shall specify the reasons for the search and the objects or information sought. if possible, the student shall be present during the Scarcl'l. The right of reasonable search is based on the responsibility of the University to provide for the safety, health and welfare of the university community. Material or information found through inspection may lead to action through the University Code of Student Conduct Sysrem andlor by the proper law enforcement agency. Administrative search authorisation is not required in emergencies, when the student concerned consents to the search, where the search is incident to a lawful arrest by a police where the search is pursuant to a warrant by a law enforcement agency. or when a student?s health or safety is in jeopardy. Standards of Due Process The focus of inquiry in student conducr proceedings shall be to determine whether or not the referred student has violated the University Standards of Personal and Group ConduCt. Formal rules of evidence shall not be applicable, nor shall deviations from prescribed procedures necessarily invalidate a decision or proceeding, unless significant prejudice to a student or the University may result. Violations of Latsr and Student (ondutt Regulations Students may be accountable to borli civil authorities and to the University for sets which constitute violations of law and of this Code. Student conduct proceedings at the University will normally proceed while criminal proceedings are pending and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced. University Standards of Personal and Group Conduct The following forms of conducr are prohibited by Frostburg State University and are subject to student conducr proceedings. Attempts to commit acts prohibited by this Code shall be addressed to the same extent as completed violations. Disciplinary outcomes for off-campus misconduct shall not be more severe than for similar on-campus misconducr. Student conduct action may be taken in addition to actions which may be taken by civil or criminal courts. I. Academic Dishonesty Academic dishonesry is defined to include any form of cheating andJ'or plagiarism. Cheating includes. but is not limited to, such acts as stealing or altering testing instruments: falsifying the identity of persons for any academic purpose; offering, giving or receiving unauthorized assisrance on an examination, quiz or Other written or oral material in a course; or falsifying information on any type of academic record. Plagiarism is the presentation of written or oral material in a manner which conceals the true source of documentary material; or the presentation of materials which uses hypotheses, conclusions, evidence, data. or the like. in a way that the student appears to have done Work which helshe did not, in fact, do. In cases involving academic dishonesty, a fading grade or a grade of zero for either an assigtment andr'or a course may be administered. Students who are expelled or suspended for reasons of academic dishonesty may not be admissible to other institutions within the University System of Maryland. Suspension or expulsion for academic dishonesry is noted on a student's academic transcript. 2. Computer Misuse and Dishonesty The University considers any misuse of its computer system to be a serious A student may not attempt to degrade the performance of the computer sysrem, to seek to penetrate its security, or in any way deprive other users of resources or access to the Computer. Further violations include. but are not limited to. using a computer account belonging to another individual without the explicit permission ofthat individual; (bl tampering with the operation of the University's computer system including both its equipment and its programs; using the system for commercial purposes; {cl} inspecring, modifying or copying: programs or data without authonration from the owner; lei using the electronic formats to send or display abusive. obscene. or otherwise harassing communications; and (fl using file sharing software- in violating copyright laws by illegally downloading or uploading music, movies or video files. 3 3. Falsification of information Falsilication oFinFormarion includes any Form of providing false or misleading information. written or oral. in a manner which has the intent or effect of deceiving autl?lnriitec?l university personnel. including members of student conduct panels. or of altering or FalsiFying official institutional records. Misrepresentation of oneseanr olan organization as an agent of the University will also be considered a violation oFthis secrion. 4. Improper Possession, Use or Abuse of Alcoholic Beverages Students under 21 years of age may not possess. purchase. or consume anyr alcoholic beverages. Students 2] years of age or older may not purchase or provide alcohol to underage persons. Abuse of alcohol. regardless of age. and any violation of the University's Alcoholic Beverages Policy shall be construed as a violation ofrhis section. {See Substance Abuse Policy) 5. Possession or Use of Drugs A student shall not possess or use any illegal or controlled drug or other substance, as de?ned by the laWs of the srate of Maryland, or drug paraphernalia. No student shall sell or give such drug or substance to any other person. Students found responsible For use, possession or sale of illegal drugs or drug paraphernalia will be subject to a recommended sancrion olsuspension or expulsion From the University. a. Obstruction of the Rights oi" Others The University is committed to the maintenance of freedom of speech. press, expression, association, and access to the established educational Facilities and processes. At the same time, the University will not tolerate willful efforts of individuals or groups to limit the exercise of those Freedoms by others or to disrupt the normal processes by which the University ?tlfills its educational mission. Accordingly, university action andlor appropriate public law enforcement action will be taken against persons who limit the protecred freedom of others through disorderly assembly. disorderly picketing, obstrucrion of Free speech, press. expression, assembly or access to the Facilities and processes olthe University. 1 Disruptive Behavior The University will not tolerate disorderly or disruptive conduct which substantially threatens, harms. or interferes with university personnel or orderly university processes and ?tnetions. Disruptive behavior includes indecent exposure. lewd behavior. bomb threats. False ?re alarms and other actions which disrupt normal universiry Functions. activities and processes. A Faculty member may require a student to leave the classroom when hisi?her behavior disrupts the learning environment of the class. A student Found responsible For disruptive behavior in the classroom may he administratively withdrawn from the course. 8. Discriminatory Conduct titers of violence direcred againsr individuals. groups. or institutions because of race, religion, ethnic background, or sexual orientation which may result in physical injury or properry damage will not be tolerated by Frostburg State University. 9. Violence to Persons:ll Physical or Verbal Assault 10. The University will not tolerate acts of violence to other persons by individuals or groups. Acts of violence For the purposes of this section include assault. battery, andlor actions in reckless disregard oF human life and safety. Assault includes verbal or written acts which place a person in personal Fear or which have the effect of harassing or intimidating a person. Battery includes the unauthorized touching of another person. Students found responsible For violence to persons involving serious physical injury will be subject to a recommendation of suspension or expulsion from the University. Theft, Destruction andlor Abuse of Property The University will hold individuals or groups responsible for intentional or negligent acts involving completed or attempted damage to. abuse oF, or theFt of university or private property. The term "theft" includes, but is not limited to. any acr of shopliFting of university property whereby a person removes, possesses, conceals. alters the price tags or labels on. tampers with containers of. or otherwise appropriates goods or merchandise without authorization or proper payment. For the purposes of this section, property alienses include, but are not limited to. malicious destruction, defacement. damage or misuse of university property or of private or public property; misuse of any university issued property. ID Cards, meal tickets, athletic equipment. etc.: littering on campus or on private property; and illegal parking or obstructing traf?c on university property or on private property. Individuals or groups found responsible For theft. destruction or abuse of property may be required to make just restitution For the loss oF damage in addition to other sanctions which might be imposed. Possession or Use of Weapons and Explosives Possession of Firearms or potentially dangerous weapons or explosives is not permitted on university property unless they have been properly registered and secured with university police. Any potentially dangerous weapon including. but not limited to, a ri?e. pistol, hunting knife, bowie kniFe. martial arts weapons and live ammunition must be registered and deposited with University Police. Fireworks are considered explosive devices and are not permitted on campus except when approved by the university adminisuation For oilicial Functions. Weapons such as a dirl-t knife. knife. pen knife with a blade exceeding three inches. sand club. blackjack. metal knuckles. straight razor. paintball guns. pellet gun. BB gun or any weapon considered illegal by the state of Maryland are also not permitted on campus. 3? At no time may the weapon he l-tt'pt any place on campus other than with University Police in accordance with the Weapon Regisrration Policy. 1'i'l-leapons checked out must be returned to the University Police Office immediately upon the weapon being returned to campus. Any object employed in a violent manner may he considered as "use of a weapon." Students found responsible for possession or use of weapons or explosives will be subject to removal from the residence hall andlor suspension or expulsion from the University. . 1 r'iolation of Campus Safety Regulations The University and the state of Maryland prohibit the tampering with, remOval of. setting off or damage to fire equipment or alarm systems in any university building when no fire or immediate danger of fire exists. 1vl'iolation of orb-er campus safety regulations are also prohibited by this secrion. These include, but are not limited to. lla} setting unauthorized fires; turning in false fire alarms or reporting the false presence of explosive devices; and Failure to properly evacuate a building during a fire drill. Violators are subject to removal from the residence hall and to suspension andfot expulsion from the university, andi'or referral to the criminal court system. . Hazing The University considers hazing. as defined below, to be indefensible and contrary to the interests of the university community. Hazing is defined, for purposes ofthis section, as any activity or action which subtly, ?agrantly or deliberately demeans, embarrasses. threatens, invites ridicule or draws inappropriate or negative attention to a member. andlor an attitude which implies one member is superior to another or that initiation musr be earned through personal services or meaningless activities for initiated members; andfor i2} actions which result in the impairment of academic performance or of the proper fulfillment of obligations to university sponsored groups: andfor (3) retaliation or threats of retaliation against persons reporting acts prohibited by this section. Any violation of the University's Hazing Policy will be considered a violation of this section. . Entry of Restricted Areas Unauthorized entry or attempted entry of students into university buildings. rooms. or facilities, including residence halls during hours when such buildings, rooms or facilities are locked or closed or posted testricred access to the student body and the public. is prohibited. Failure or refusal to leave a university facility during or after normal operating hours, after being reaSonably requested to do so by authorized university personnel, is similarly prohibited. For the purposes of this section. such a request would be reasonable if the surrounding circumstances indicate that the person has no {a lawful business to pursue in the facility or is acting in a manner which is disruptive or disturbing to the normal educational functions ofthe University. 15. Ignoring or Refusing a Reasonable Request of Authorized University Person nel The University and the state of Maryland require that any individual or group comply with a reasonable request from authorized university personnel in the performance oftheir official duties. Upon request, Students mu5t show proper identi?cation. 16. Violations of Public [am The University reserves the right to take appropriate or protecrive action against students convicted of violations of public laws on and off campus. 17'. Misconduct of Registered Student Groups The University reserves the right to take action against a Student group for conducr prohibited by the University Standards of Personal and Group Conduct. Such acts of misconduct by students engaged in organized activities of registered student groups. whether committed on or off campus, are subject to student conducr prom-tidings. An ?organized activity? is any activity which is conducted under the auspices. sponsorship, or supervision of a registered student group. 18. Off-Campus Student Behavior The University reserves the right to take appropriate action andfor initiate conduct proceedings when behavior of an individual or individuals presents a danger to the health, safety. and wellrbeing ofothers in the community. Students are expected to conduct themselves in a manner that demonstrates their respect for the rights of others. Also, individuals engaging in activities a? campus have a responsibility to conduct such activities within the laws and ordinances of the community. Serious Criminal Offenses Students accused of Serious criminal offenses on or off campus shall be Subject to university action through the Student Code of Conduct, including interim suspension, pending a prompt hearing. Serious ctirninal offenses shall include behavior which {alis defined as a felony under Maryland law, and (blindicates that the student constitutes a substantial danger to the safety or property of the University or members ofthe campus community. The University reserves the right to take action through its Student lConduct System prior to the disposition ofany acrion that may restth from criminal proceedings. 20.Regu ations Concerning ConducLW'ithin the Residence Halls Successful group living, Such as that experienced in the university residence halls. can he achieved only through cooperative effort on the part of each individual who composes the group. it is important that each person is aware ofhisi'her own rights and respects the rights and privileges of others. Each member of the residence community should be prepared to conduct himselffherself at all times in such a manner as not to infringe upon those rights. Students violating residence hall policies will be subject to university action. Violations of the following policies can result in the cancellation of one?s housing contract or the non-renewal of one's contract for the next year or semesrer. The Residence Life Office may hold a panel or administrative hearing prior to canceling onc's contract and the resident may be requesred to ?show-cause" why the contract should not be canceled. However, violations which endanger the health and safety of the residents or themselves, which cause serious physical damage to the facilities, or are disruptive to the study atmosphere, will be dealt with through administrative procedures and may result in removal from housing, pending a student conduct hearing. Such an interim suspension andfor loss of privileges. including removal from housing, is to become immediately effective without prior notice, whenever there is evidence that continued presence of the student or student organization on the university campus poses a substantial threat to himself or herself or to others or to the Stability and continuance of normal University functitms. Continued violation ofless serious policies may result in a contract review. Students not living in residence halls will also be expected to abide by these guidelines when visiting in the residence halls: a.Firc Safety Equipment: Tampering with fire extinguishers, fire alarms, smoke detectors, sprinkler syStems. or any type of fire safety equipment is strictly prohibited when no fire or immediate danger exists. Violators are subject to removal from the residence hall and to suspension andr'or expulsion or referral to the criminal court system. b. Weapons: Firearms. ammunition, fireworks, dangerous weapons, explosive substances or orher illegal contraband in the residence halls are srricrly prohibited. All weapons (?rearms, bows and arrows, knives, numrchucks. pellet guns, BB guns. paintball guns, etc.) must be registered and ltept with university police and musr not be cleaned in student rooms or any area of the residence hall. Students found responsible for possession or use of weapons or explosives will be subjecr to removal from the residence hall andlor suspension or expulsion from the University. Room Alterations: Alterations to the residence hall rooms, (including. but not limited [0 elecrrical wiring. attaching hardware to walls, ceilings or doors, consrrucring platform beds. warerhetls. ceiling fans or painting rooms), are not authorized except in accordance with university policy as issued by the Residence Life Office. .d Fire Safety: Student rooms are part of a larger community and steps are [alien to protect the safety of all students in the community. Students 3 should not have open flames, burn incense. or conducr themselves in such a manner as to increase the risk of fires in the residence halls. Student rooms should allow easy egress and doors should nor be tampered with or propped open. Failure to leave the building during a fire alarm is considered a violation of the Fire Safety Policy. Alcohol: Students under the age of 21 are not permitted to possess or consume alcohol. Students 21 years of age are not to consume alcohol in any room in the presence of any students under the age crle (with the exception ofan underage roommate}. Consumption ofalcohol in any other area of the residence hall (lounges, srudy rooms, TV lounges. cluster halls, baths, etc.) is Strictly prohibited. Kegs andi'or keg parties are not permitted in any residence hall area, including individual rooms. Beer kegs, empty kegs, beer pong tables or any device used to artificially increase alcohol consumption are not permitted on campus. Alcoholic beverages shall not be brought into the residence ball by guests or visitors. [Il'rugsi?I Drug Paraphernalia: The use, possession andlor sale ofillegal drugs will or drug paraphernalia. other than those used under the direction of a physician by the individual prescribed. are strictly prohibited. Violators will be referred to university police andl'or local authorities and will be subject to a recommended sancrion of suspension or expulsion from the University. Public Disturbances: An atmosphere conducive to normal living and srudy must be maintained 24' hours a day in the residence halls. As always, respect for the rights and freedoms of other residents should be the basic guideline for behavior. Minimum guidelines will be established by the Residence Life Office. Each hall, wing. cluster or section may further restrict quiet hours for their area and are to take responsibility for enforcing these hours. Radios, stereos and TV sets must be played discreerly at all times. Stereo speakers are not to be played our windows. Musical instruments are not to be practiced in the residence halls. Hall sports are prohibited. Excessive noise or other public nuisances created or permitted by residents is strictly prohibited. Conduct shall be deemed such a nuisanCe if it penetrates into the room or cluster areas of other residents. unwillingly subjecring them to an unreasonable disturbance or inconvenience. Snowball fights. spraying water guns. shaving cream battles, etc. shall be considered public disturbances and shall he handled as such. Refusing a Reasonable Request: University officials, including Residence Life staff, have the authority to enter a students room. This authority may be exercised in the interest of Student safety, the protection of university property. or when a violation of university policy is occurring. A resident's refusal to open hisihcr room when requesred by a staff member under these circumsraoccs is considered a failure to comply with a reasonable 9 request oF a university oHicial- Upon requesr. students must show proper identi?cation. Late EntrancelExit: All residence halls are secured 24 hours a day. Residents are required to carry their student if) as all times in order to gain actess to their hall. lOnly doors with card access are to be used to enter the hall. For the saFety oFall residents. locked exterior doors may not be propped or otherwise disabled. Guest and Visitor Policy: A guest is de?ned as a non-FSU student while a visitor is a currently?enrolled Frostburg State University student. Prior consent of one?s roommate is required For overnight guests on each occasion of the guest's visits. Overnight guesrs may visit For periods of no longer than two (2) consecutive nights. and For no more than a total of ten (l0) nights in a semester, unless special permission is given by the Director oF Residence Life or their designce. Visitation by other currently-enrolled Frosrburg State University students is based upon mutual agreement of the occupants of the room. Smoking: FSU is a smolte Free campus. Smoking is prohibited in all residence halls. including student rooms. public areas and Gambling: Illegal gambling is prohibited within the residence halls. . Solicitation and sales oF any service or product door to door in a residence hall or by way oF the university telephone or internet system is strictly prohibited. Solicitation and Sales by registered student organizations oFany service or product in the lobby oFa residence hall must have approval oF the Residence LiFe OlTice at least two school days in advance of the sale. Commercial sales will not be allowed From individual student rooms or other areas within the residence halls. Anyone interested in selling within the residence halls must come to the Residence LiFe Oliice to receive information about complying with the sales policy. The residents may not use the residence hall ronms or residence hall telephone numbers or e-mail accounts as a place of business or For purposes of solicitations or any purpose Other than as a residence. Advertisement, sale or solicitation 0F alcoholic bcverages is not allowed in the residence halls or student mailboxes and, therefore. will not be approved. Residential Belongings: No student shall take any university owned Furnishingslequipmenr out of the room assigned to himi'her or move any of the equipment our oFirs designated area. Furnishings assigned to public areas within the hall are For use by all residents and should not be moved into individual rooms or shilirecl From one hall to another. Such removal will be considered to be an act oF ttht. Roofsl'Windows: Students are not permitted on the tool oFany residence hall. Nothing. including trash should be thrown or dropped From the windows. Screens are not to be unscrewed or removed From windows. 22. 23. T'tlt'i'indows are not to be used as means oF entrance or exit to a room. Students are not permitted to sit in windows at any time. p. Pets: Pets. including but not limited to dogs. cats. rabbits, rodents, and reptiles. are prohibited From all residence halls. Fish are allowed but must be talten home over semeSter breaks. The University will not be held responsible For the safety oF ?sh in the event oFelecrrical power Failures. q. Electrical Equipment: Personal electrical equipment will be limited to small appliances without open coils. Cooking units For use in individual rooms are prohibited {such as microwaves. toaster ovens, hot plates. etc}. A Freestanding microwavelrel'rigerator unit is provided in each room. r. Air Conditionersl'l'lcaters: Air conditioning is provided in Cambridge. Frederick and Westminster Halls and designated lobbies in other halls. Personal air conditioners are not permitted in any residence hall rooms. Space heaters are prohibited. 3.0ther Residence Hall Policies: At certain times violations oF residence hall policies and regulations may occur which appear in other of?cial publications of the University. In such cases. a specific reference to those policies. guidelines or regulations will be made. Endangering the Health and Safety at" SelFor Others The University will hold individuals or groups responsible For acrions which endanger or tend to endanger the saFety. health or liFe oF any person. Sexual Harassment Frosrburg State University is particularly sensitive to the issue oF sexual harassment within a campus community. The University will not tolerate sexual harassment in any Form. Sexual advances. requests For sexual Favors. and other verbal or physical conduct oF a sexual nature constitutes sexual harassment when submission to such conduer is made either explicitly or implicitly a term or condition oF an individual's educational or career advancement. submission to or rejection oF such c0nducr by an individual is used as the basis For decisions aFFecting such individuals in their educational or career advancement, or such conduct has the purpose or eFFect oF substantially interfering with an individual's performance or creating an intimidating. hostile. or oHensiw employment or educational environment. Sexual Offenses The University System recognires two levels of Sexual ofFenses: a. Sexual Misconduct By stranger or acquaintance, rape. Forcible sodomy. or Forcible sexual penetration. however slight. of anather person's anal or genital opening with any object. These acrs must be committed either by Force. threat. inritnidation or through the use ol the victim's mental or physical helplessness onhich the accused was aware or should have been aware. 24. 25. 26. 27". 28. 29. b. Sexual Misconduct By stranger or acquaintance. the touch 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. 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. Harassment Engaging in intentional conduct directed at a speci?c person or persons which Seriously alarms or intimidates such person or persons and which serves no legitimate purpose. or may reasonably be considered an actis} of retaliation. Such conduct may include: explicit or implicit threats. including gestures which place a person in reasonable fear of unwelcome physical contact, harm or death; Following a person about in a public place or to or from his or her residence; making remarks in a public place to a specific person which are by common uSage lewd. obscene. expose a person to public hatred or that can reasonably be expected to have a tendency to cause acts of violence by the person to whom the remark is addressed; or communicating voice or graphic means or electronic formats including social media site postings or making a telephone call or text anonymously whether or not a conversation ensues. Violating the Terms ofa Sanction Violating the terms ofany university sanction imposed in accordance with this Code. The University expects students to accept responsibility and the consequences for their decisions and behavior. Students who do not complete an imposed sanction will be subject to additional sanctions. Gambling illegal gambling is prohibited throughout the campus. Other At certain times violations of university policies and regulations may occur which appear in other official publications of the University. In such cases, a specific reference to those policies. guidelines or regulations must be made. Discrimination Frostburg State University is committed to maintaining a community where the rights of others are respected. Copies of the University's Allegation of Discriminatioanarassment Procedures may he obtained from the Ollie: of WEED. For specific information about the University's policies regarding discrimination, see the Opportunity" and "Sexual Harassment Policies under General University Policies. Event?Related Misconduc: 3'0. "Event-related misconducr" is rioting. assault, theft. vandalism, fire setting or other misconducr related to an institurion-sponsored event occurring on: or ofl-rcampus. that results in harm to persons or property or otherwise poses a threat to the stability of the campus or campus community. Students Found responsible for event?related misconduct will be subjecr to a recommendation ofmspension or expulsion from the University. Any decision to impose a sanction less than suspension or expulsion must be supported by written ?ndings signed by the institution's chief student affairs officer. A record of any suspension or expulsion under this policy shall be noted on the student's transcript. A student suspended under this policy shall not be admitted to any other institution in the System during the term of the suspension. A student expelled under this policy shall not be admitted to any other institution in the System for at least one year from the effecrive date of the expulsion. FSU is a smoke free campus. Smoking is prohibited on all university grounds including property owned. leased. or otherwise operated by FSU. Sanctions One or more of the Following sancrions may be imposed for violations of the University Standards of Personal and Group Conduct. A hearing panel may talte into consideration several facrots when determining an appropriate sanction. Such factors to be considered shall he the present demeanor and pasr student conduct record of the offender. as Well as the nature of the offense and the severity of any damage. injury or harm resulting From it. I. 2. Expulsion The heating board may recommend expulsion to the Vice President For Student 8c Educational Services. The Vice President of Student and Educational Services will affirm or reduce the sanction but will not eliminate the sanction. Expulsion constitutes permanent separation of the student from this university. Any student who is expelled shall not be entitled to any tuition or Fee refund. Violations relating to academic dishonesty will be reviewed by the Provost. Suspension The hearing board may receimmend suspension to the ice President for Student 5: Educational Services. The Vice President of Student and Educational Services will affirm or reduce the sanction but not eliminate the sanction. Suspension involves separation ofthc student from the University for a specified period of time. In particular cases. the student may also be barred From university premises during the period ofsuspension. Violations relating to academic dishonesry will be reviewed by the Provosr. 15 3. Disciplinary Probation Disciplinary probation is imposed for a speci?ed period of time. The student on disciplinary probation may be suhjecred to additional restrictions or obligations during the probationary period. For example. in appropriate instances, students may be required to consult with staff members of Counseling Services and the Residence Life Office. A sancrion of suspension or expulsion will be strongly considered for any student who is found responsible ofviolaring the University Standards of Persanal and Group Conducr while on disciplinary probation. 4. Disciplinary Reprimand Disciplinary reprimand involves formal written warning to the student or student organization that further misconduct may result in more severe disciplinary action. 5. Organizational Dissolution Organizational dissolution is a sanction imposed only upon student organizations found guilty of serious andfor repeated violations of these standards. The sanction involves permanent withdrawal of recognition by the University. denial of the use of university Facilities or funds. and official dissolution of the organization on the campus. 6. Restitution Resriturion may be imposed on students whose violation of these standards has involved monetary loss or damage. Resrirution as imposed by the hearing board becomes a ?nancial obligation to the University and either full payment or an agreement for partial payment according to a schedule agreed to by the University Student Conducr Administrator is required before the student may register for classes again. or in the case of seniors. before the student may graduate. Cancellation of Housing Contract The hearing board has the option of recommending to the Director of Residence Life that a student's housing contracr be canceled if the seriousness of the violation warrants such action. Any Student who has hisfher housing contract canceled shall n0t be entitled to any housing deposit or fee refund. 8. Suspension ofGtoup Suspension shall consisr ofthe withdrawal of an organisation's recognition by the University for a stated period of time when an organiration is found to have violated regulations. Suspension shali result in complete suspension ofthe acriviries of the group during the stated period of time and may also include conditions for removal ofsuspension. 9. Other Sanctions Sanctions other than those described above may be imposed for violations of these Standards according to the judgment of the Student Conduct Administrators and. where applicable, the appropriate vice president. For example. cases of academic dishonesty may lead to vacating of grades or extra work assignments. In other instances, students" participation in extracurricular or athletic activities may be limited. In response to other violations, the hearing board may impose constructive work assignments. community service, educational conferences, referral to educational programs Alcohol Education Program). fines or other appropriate sanctions. Interim {ause Hearings An interim suspension andl'or loss of privileges may be imposed upon a student or student organization. The Vice President for Student 8c Educational Services or a designee may suspend a student or student organization for an interim period pending student conduct proceedings or medical evaluation. The University shall give the accused Student a "show cause" hearing to provide the Student with the opportunity to demonstrate why the interim action should nor take place or remain in effect. Such an interim suspension andfor loss of privileges. including removal from housing. is to become immediately effeCtive without prior notice, whenever there is information that the continued preScnce of the student or student organization on the university campus poses a substantial threat to himself or herself or to others or to the stability and continuance of normal university functions. Referrals Any person (faculty. staff or student] may refer in a timely manner to a University Code of Conduct Administrator 3. student or a student organiaation suspected of violating this Code. Persons making such referrals are required to provide information pertinent to the case and will normally be expected to appear before a srudenr conduct board. Student Conduct Administrators The responsibility for adminisrcring the Student Conduct System rests with the Office of Student 3c Educational Services. The responsibilities of this of?ce include: I. Determination of the disciplinary charges to be filed pursuant to this code. Interviewing and advising parties involved in student conduct proceedings. 2 3. Supervising. training, and advising all student conduct panels. 4 Coordinating the selection of the panel members. 5 Maintaining all student conduct records. IS In. so? Developing procedures for conflict resolution when appropriate. rs: Providing Follow-up for any Sanctions issued. oci Conducring an annual review and evaluation oi the Student ConduCt System. 9. Submission of an annual report which includes the referrals to the University Student Conduct System and a summary ofsanctions imposed. The Student Conduct Administrators will review referrals to determine whether the case should be resolved by a hearing before the appropriate student conduct board or through a conference. The University.r reserves the right to determine the mosr appropriate vehicle to resnlve alleged violations of the Code of Conduct. Such methods may include panels. administrative hearings, conferences or mediation. Hearing Panels Hearings may be held before the following panels: Hearing Panels are established by the Office olStudent 3c Educational Services. The campus hearing panel is composed of a campus heating o?icer and 2-4 other persons. The campus hearing officer is responsible For chairing the hearing panel. The others persons on the hearing panel will serve on a rotating basis from a pool composed oFstudents. faculty members and administrators. Ad Hoc Panels may be appointed by the Student Conduct Administrator when a hearing panel is unable to hear a case. Each ad hoc panel shall be composed of} 5 members. The Appellate Panel hears appeals From the hearing panels and ad hoc panels. in accordance with the provisions of this Code. The appellate panel is ordinarily composed of three to ?ve individuals selected from a pool of students. faculty. and administrators. Selection and Removal of Panel Members Members of various student conducr panels are selected in accordance with procedures developed by the University Student Conduct Administrator. Prior to participating in panel deliberations. new members of all student conduct panels will participate in an orientation session. Student members of any student conducr panel who are charged with any violation oF this lCode or with an oFiense may be removed From their student conduct positions by the University Student Conducr Adminisrrator while charges are pending against them. Students found responsible for any such violation or oFfense may be disquali?ed from any Further participation in the University Student Conducr Sysrem by the University. If) Administrative Hearings/Student Conduct ConferEnce Adminisuative hearings may be conducted by a Student Conduct Adminisrrator or a designee to resolve alleged violations or the University Standards of Personal and Group Conducr. Students referred to a Student conduct panel hearing may requesr instead to have their case resolved by an administrative hearing iFthey are responsible For the violations. Students subject to or requesting to participate in an administrative hearing are accorded the following procedural protections: a. Written notice of charges at least three class days prior to the scheduled conference. b. An opponunity to respond to the information against them. Students who fail to appear for an adminisrrative hearing a?er proper notice will be deemed to have pleaded responsible to the charges pending against them. A student conduct conference is less Formal in nature and Focuses on cortecrive resolution of behavior or problems when a hearing is not deemed necessary. A Student conduct conference will not always reSult in a referral through the Student Conduct System. Mediation A Student Conduct Adminisrraror may elecr to resolve student con?ict through mediation. A mediation agreement may be arranged between two students or the student and the University to resolve a violation of the Code oF Conduct where the behaviOr in quesrion is nor contested and constructive action can resolve and prevent future conflict. Violations of a mediated agreement will result in a student record and student conduct proceedings. Violation of or Failure to ful?ll a mediated agreement will re5ult in a student conduCt record and possible student conduct referral. Prior to a mediated agreement. parties may end the mediation process at which time formal hearing procedures will begin. Hearing Procedures The dynamics of a Student conduct hearing in a university setting are not the same as those of a courtroom. Strict adherence to the conventions oF courtroom advocacy may not be in the best interest of students in university student conduct proceedings. The presiding of?cer of the panel and the Student Conduct Administrator are authorized to take reasonable measures to maintain control over the proceedings in order to elicit relevant Facts, to prevent the harassment of participants. to ensure that proceedings are not disrupted. and the inreresrs of fairness are served. This may include regulating the timing, length and manner of presentations and objecrions. declaring recesses in the proceedings. and other appropriate actions. (J The following procedural guidelines shall be applicable in Student conduct hearings: 1. Students shall be given a copy of the Violation Reportr'ineident Report. which shall include the speci?c charges against them and a description oi the alleged acrivities. Students shall also receive notice of the hearing date, time and location. Students shall receive this noti?cation at least three days in advance. The will he sent to their local address, campus mailbox or by edmail. 2. The hearing will provide the studentls) charged and the personis} making the referral with an opportunity to present testimony and witnesses or witness statements on their own behalf. Both parties also shall have the right to hear and challenge adverse testimony or witnesses thru the panel. Witness statements shall be provided in a reasonable time prior to the hearing to allow both parties to review and challenge witness statements. Witness Statements are to be used only in situations determined by the hearing administrator. 3. A hearing will be held Following proper notice to the studentis) and a decision will be reached regardless of whether all affected parties are present. 4. Withdrawal From the University aFter a violation report has been ?led does not excuse the student From the hearing. Students who Fail to appear aFter proper notice may be deemed to have pleaded responsible to the charges pending against them. Hearings will be closed to the public. An open hearing may be held, at the u-i discretion of the Student Conducr Administrator, with the agreement of the person trial-ting the referral. the victim, and the srudeni being referred. Hearings are considered confidential. 6. The chairperson of the heating panel shall exercise control over the hearing to avoid needless consumption of time, to maintain order. and to prevent the harassment or intimidation onirnesses. Any person who disrupts a hearing or who fails to adhere to the rulings of the chairperson of the hearing panel may be excluded from the hearing. Hearings may be recorded or transcribed. Any recordings or verbatim transcripts of matters arising under this system shall he retained in the custody ofthe Student Conduct Administrator lot a minimum oF?ve working days or until after the appeal has been heard, iione has been granted. if a recording or transcript is not made. the decision of the hearing panel must include a summary of the testimony and shall be Sulliciently detailed to permit appropriate review ofall essential matters in the event that an appeal is ?led. involved parties may review the recording ol 3 hearing after written request to the Office of Student and Fxlticarional Services. 8. Prior to the hearing. any party to a case may present a challenge to the Student Conduct Administrator of a member on the hearing panel on the grounds Ul? personal bias. Panel members may be disquali?ed upon l8 determination by the Student Conduct Adminisrrator that a disqualifying factor exists. 9. Witnesses shall be asked to aFiirm that their testimony is truthful and Students may be subjecr to charges olfalsi?cation oFinFormation under this Code. 10.Prospective witnesses may be excluded from the hearing during the testimony oforher witnesses. All parties, the witnesses, and the public shall be excluded during panel deliberation. ll.lt must be established that it is more than not that the rel-erred Student has violated the University Standards of Personal and Group Conduct. 12.Fotmal rules of evidence applicable in courts of law shall not govern student canduct proceedings under this system. The Student Conduct Administrator may give consideration to the rules oF confidentiality and privilege, but shall otherwise admit all relevant matters as information which reasonable persons would accept as having value in the conduct oFtheir personal til?Fairs. Unduly repetitious or irrelevant testimony may be excluded. l3.The srudentls} charged and the persont's) making the referral have an opportunity to question all witnesses through the student conduct panel. 14.1n considering testimony. panel members may consider matters which Fall within general experience and which have relevance to the matters under consideration. 15.5tudents referred for violations of the University Standards of Personal and Group Conducr will ordinarily be provided a hearing within twenty (20) class days oFthe violation report being filed. 16.5tudenrs are expected to represent themselves at the hearing. Advisors may be utilized to support students. An advisor may sit with the Student they are supporting and consult with them but may not address the panel or other individuals present or create any disruption to the hearing. Only one advisor per student is permitted in the hearing. l7.legal counsel of the srudent referred or the person making the referral is not permitted to attend the hearings unless there is a substantial probability of criminal charges being ?led against the student. in this case, legal counsel may be the student's choice oF advisor {see procedure 16). The Student Conduct Administrator may appoint a special presiding officer to any panel in any case in which the student is represented by an attorney. Special presiding oiliccrs may participate in panel deliberations. but shall not vote. lFa student has been Found responsible For violating the University Standards of Personal and Group Conduct, there shall be an additional phase of the hearing in which either party may make statements concerning the impact of the violation andlor the appropriate sanction to be imposed. During this sanctioning phase, the referred Student may present character references or sraternents to tesriFy in his or her behalf. Such testimony is limited to the 1'9 referred student?s background and character. rather than the incident in which the student was involved. The past student conduct record of the student shall not be supplied to the panel by the Student Conduct Administrator prior to the sanctioning phase. All such testimony is heard prior to the deliberation on a sanction. The sanctioning phase shall ordinarily talte place immediately following the panel's determination that a violation has occurred. 19. Final decisions ofall student panels shall be by majority vote of the members present and voting. A tie vote will result in a student being found not responsible of violating university regulations. A tie vote in an appellate proceeding will result in an affirmation ofthe original decision. 2U. A written decision shall be sent to the referred student at hislher local address or by e-mail within a reasonable time. Copies shall be maintained in the Office ofStudent and Educational Services. 21. Student conduct acrions will be noted on a student's transcript in those instances when a student has been expelled or when a student has been suspended for academic dishonesty or event related misconduct. 22. The use of technology such -as telephone. conference call or video conferences may he used at the request of the involved parties. Such requests must be approved by the Conduct Administrator and. if approved, will he provided as an option to all parties involved. 23. The Office of Student and Educational Services will, upon written request. disclose to the alleged victim ofa crime ofviolence, or non?forcible sex offense. the results of any disciplinary hearing conducted by the institution against a student who is the alleged perpetrator of the crime or offense. If the alleged victim is deceased as a result of the Crime or offense, the results of the disciplinary hearing will be shared with the vicrim?s next of kin. if so requested. Student (onduct Files and Records Referrals will result in the development ofa student conduct file in the name of the referred student. The Files are retained in the Office of the 1slice President for Student 6t Educational Services. Files will be retained as student conduct records for either: three years from the date of the letter providing notice of final disciplinary action. or 2} when the student graduates from the University. Student conduct records of cases resulting in suspension, expulsion. or organizational dissolution may be retained for longer periods of time or permanently at the discretion ofthc Vice President for Student dc Educational Services. Conduct files are considered educational records and are protected by 2.0 Student Groups and Organizations Student groups and organizations may be charged with violations of this Code. A student group or organization and its officers may be held collectively or individually responsible when violations oftl'iis Code by those associated with the group or organization have received the tacit or overt consent or encouragement of the group or organization or of the group's or organization's leaders, officers. or spokespersons. Punishment of one or several individuals for the acts of others should be avoided if the identities of the speci?c offenders can be readily ascertained. Association does n0t require formal membership. Individuals who might reasonably be regarded as regular participants in group or organization activities may be held to be associated with the group or organization. The of?cers or leaders or any identifiable spokespersons for a student group or organization may be directed by the Vice President for Student dc Educational Services or a designee to talte appropriate acrion designed to prevent or end violations of this Code by the group or organization or by any persons associated with the group or organization who can reasonably be said to be acring in the group's or organization's behalf. Failure to malts: reasonable efforts to comply with the vice president's directive shall be considered a, violation of this Code. speci?cally "Ignoring or Refusing a Reasonable Request of Authorized Universiry Personnel,? both by the officers. leaders or spokespersons for the group or organization and by the group or organization itself. Sanctions for group or organization misconduct may include revocation or denial ofrecognition or regiStration, as well as other appropriate sanctions outlined in this Code. Appeals Requests for appeals must be submitted to the Of?ce of Student and Educational Services within five class days from the date of the original decision. Failure to appeal within the allotted time will render the original decision ?nal and conclusive. The request for an appeal should be thorough and specifically present information that supports the grounds for an appeal. The written request shall be based upon either one ofthe following: a. Speci?ed procedural errors or errors in interpretation of university regulations were so substantial as to effectively deny the student a fair hearing. b. New and signi?cant information became available which could not have been discovered by a properly diligent student before or during the original hearing. In the absence of estraordinary or mitigating circumstances. which shall be iudged by the Student Conduct Adminisrrator. the severity of the sancritJn 2 imposed by the hearing panel shall not constitute grounds for appellate review. All requests for appeals shall be reviewed by the Office of Student and Educational Services. who shall notify. in writing. all parties (referring party, referred party. and victims} involved of the results of that review. If the request for an appeal is denied. the original decision becomes ?nal. if an appeal is granted. all parties involved shall be informed. in writing. that a review of the original decision is being conducted by an appellate panel. A written statement for the appellate review must be submitted to the Office of Student and Educational Services within five business days from the date of the letter noti?ving the Student that an appeal has been granted. Failure to submit a written Statement within the allotted time will render the decision of the original board final and conclusive. Appeals shall be decided 11an the record of the original proceeding and upon written statements submitted by the parties. Completely new hearings shall not be conducted by the appellate panll. Appellate panels may: 1 a. Affirm the ?nding and the Sanction imposed by the original panel. is. Affirm the ?nding and reduce, but not eliminate, the sanction. c. Refer the case to a new student conduct panel. d. Dismiss the case. Cases may be dismissed only if the ?nding is held to be arbitrary and capricious. Ordinarily. cases will be referred to a new Student conduct panel only in those instances in which the appeal has been granted because of new and significant evidence. Decisions of the appellate panel which include sanctions of suspension or expulsion shall be recommendations to the Vice President for Student 5t Educational Services. Decisions of the appellate panel which include a sancrion of cancellation of housing contract shall be recommendations to the Director of Residence Life. Both the Vice President for Student 6t Educational Services and the Direcror of Residence Life {or their designeesl may reduce but not eliminate sanctions. Decisions altering the determinations of all hearing panels shall be in writing. The imposition of sanctions will normally be deferred while appellate proceedings are pending at the discretion ofthe Student Conduct Administrator. Cases involving academic dishonesty shall be reviewed by or appealed to the ProvostN ice President for Academic Affairs. Frostburg State University opposes any situation created intentionally to produce mental and physical discomfort. embarrassment or ridicule. The University does not condone hazing in any form. 1v"iolators of this policy are referred for appropriate student conducr action. Hazing is de?ned by the Ftostburg State University Student Conduct System as "any activity or aetiort which subtly. ?agrantly or deliberately demeans, embarrasscs. threatens, invites ridicule or draws inappropriate or negative attention to a member. andl'or an attitude which implies one member is superior to mother. or that initiation must be earned through personal services or meaningless activities for initiated members. Furthermore. hazing may consist of actions which result in the impairment of academic performance or of the proper fulfillment of obligations to university sponsored groups or activities.? Implied or expressed consent of a Student to hazing may not be used as a defense. Actions and activities which are explicitly prohibited include, are not limited to, the following: I. Any acrivity that might reasonably bring physical harm to the individual. 2. Paddling, heating or otherwise permitting members to hit pledges. 3. Requiring pledgesinew members to wear degrading or uncomfortable garments. 4. Deprivng pledgeslnew members of the opportunity for sufficient sleep {3 consecutive hours per day minimum]I and decent and edible meals. 5. Activities that interfere in any way with an individuals' academic efforts; causing exhaustion, loss ofsleep. or loss of reasonable study time. 6. Activities that interfere with an individual's education. employment or family obligation. T. Requiring or encouraging pledges to consume amounts of alcohol or other drugs. 8. Forcing, coercing. or permitting Students to eat or drink foreign or unusual substances such as raw meat. raw eggs. salt water. onions. etc. 9. Having substances such as eggs. mud. paint, honey. etc. thrown at, poured on. or otherwise applied to bodies of pledges. 1i]. Morally degrading or humiliating games or any other activity that malt: an individual the object ofamusement. ridicule. or intimidation. ll. Kidnaps. road trips {a mandatoryl'forced off?campus trip as part ofa pledging activity). Note: kidnaps performed by actives or pledges are banned. 12. Subjecting an individual to cruel and unusual conditions for arty 5011 . 23! l3. Any requirement which compels an individual to participate in any activity which is illegal. perverse, publicly indecent. contrary to the individuals genuine morals andi'or beliefs. public profanity. indecent or lewd ennducr. or sexual gestures in public. Frostbutg State University has unconditionally opposed any situation created intentionally to produce mental and physical discomfort. embarrassment or ridicule. 24 Substance Abuse Policy Frosrbutg State University is committed to the pursuit and dissemination of knowledge and. as such. expects all members oF the academic community to behave in a manner conducive to that end. illegal or abusive use 0F drugs or alcohol by members of the university community severely limits their educational and human potential and their ability to achieve educational. career and personal goals. jeopardizes the safety of the individual and the university community. and adversely afFects the mission of the University. Frostburg State University is therefore committed to having a campus that is free ofrl'le illegal or abusive use of drugs and alcohol. Toward that end, it is the policy oF the University that the illegal or abusive use oF drugs or alcohol by employees and students is prohibited on university property or as a part of any university activity whether on or of? campus. In accordance with the University?s responsibilities under the Federal Schools and Qmmuniries Act Amendments of I989. and the Maryland Higher Education Commissions Policies Contemng Drug and Alcohol Anus: Control. the University provides the Foll0wing information to its employees and Students. Standards of Conduct The terms "controlled substances" and ?illegal drugs? prohibited under this policy are those set Forth in Article 27 of the Annotated Code of Maryland: I. Students shall not unlawfully manufacture, distribute. dispense. possess. or use any centrolled dangerous substance while on campus or at a university spemsored activity. 2. Students shall not possess or use drug paraphernalia on campus or at a university sponsored activity. 3. Students shall not possess, purchase or consume any alcoholic beverages on campus or at a university sponsored activity unless they are 2] years of age or older. Students also shall not distribute alcohol to underage persons on cam pus or at any university sponsored activity. 4. Students shall not unlawFully distribute or dispense any alcoholic beverages on cam pus or at a university sponsored acrivity. 5. Violations of the University?s Alcohoiic Beverages PoliCy. as contained in the Path?nder. or as from time-to?time amended, shall be considered a violation of this policy and the University Standards of Personal and Group Conducc t3. Violations of the above policies which occur oFF?campus may be considered a violation oF the University Standards of Personal and Group Conducr where such violation interferes with the mission of the University and presents a danger to the health. safety and well?being of others. Students convicted of federal. state andior local alcohol or drug laws on or oflcampus also violate the 2?5: University Standards of Personal and Group Conduct and may be subject to appropriate action through the Student Code ofConduct. Students accused of violating a federal. state andl'or local drug law on or off campus which is considered a felony under federal, state or local law, they face action under the University Code of Conduct. including interim suspension pending a university heating, prior to or concurrent with any criminal proceeding. Possession or use of alcohol in university residence balls is prohihited in all residence balls that have been designated as alcohol free. In all other residence halls. alcohol may be consumed only by persons 21 years ofage or older. and with the following limitations: a. Alcohol may not be consumed in a room where any guest [nonroccupanti under the age of2'l is present. Alcohol may not be consumed in residence hall hallways. corridors. stairwellS. bathrooms, elevators and any public place. c. Alcohol may not be brought into residence halls by guests or visitors. Violation of these policies and other duly adopted policies relating to the (Onsumption ofalcohol in university residence halls will be considered a violation of the Residence Hall lContracr and the University Standards of Personal and Group Conduct. Sanctions of Student Conduct Any Student found to he in violation ofany of the applicable provisions of this policy shall be subject to progressive disciplinary action through the University Student Code of Conduct System. One or more ofthe Sanctions for violations of the University Standards of Personal and Group Conduct may be imposed. including probation. suspension or expulsion from the University. As a condition of continued enrollment. the University may require a student to participate in a substance abuse education. assistance or rehabilitation program. The University may suspend on an interim basis andl'or remove from campus housing a student accused of violating this policy pending a hearing on the violation if it determines mat the student?s continued presence on campus consritutes a threat to the health. safety or welfare ofthe student or others or the welfare of the University, its property or personnel. The University reserves the right to conduct student conduCt hearings and take disciplinary action against students who have been charged with violating a federal. State or local drug or alcohol law before. during or after any civil or criminal proceeding or resolution of those charges occur. Legal Sanctions Under Federal, State and local laws A. Federal Penalties and ns for Illegal Possession of a Controlled Substance: 2T U.S.C.844lal Firsr Conviction: Up to one year imprisonment and fined at leasr $1.000. bur not more than $i00.000. or both. After one prior drug conviction: At leasr 15 days in prison, not to exceed two years. and fined at least $2,500. bur not more than $250,000, or both. After two or more prior drug convictions: At least 90 days in prison, not to exceed three years, and fined at least $5.000, but not more than $250,000. or both. Special sentencing provisions for possession of crack cocaine: Mandatory at least five years in prison. not to exceed 20 years. and fined up to $250,000, or both if: a. First convicrion and the amount of crack possessed exceeds five gra ms. b. Second crack conviction and the amount of crack exceeds three grams. c. Third or subsequent crack conviction and the amount of crack possessed exceeds one gram. 21 U.S.C. 353ia}{2) and 881loii?) Forfeiture of personal and real property used to possess or to facilitate possession ofa controlled subStance if that offense is punishable by more than One ear irn tisonrnent. {See et'iei'renrencin revision: 21 use. asitaito Forfeiture ofvchicles, boats. aircraft or any other conveyance used to transport or conceal a controlled substance. 21 Civil fine of up to $ 0,000 {pending adoption of?nal regulations]. 21 U.S.C. 353a Denial of federal benefits. such as student loans, grants. contracts and professional and commercial licenses, up to one year for first offense. up to Five years for second and subsequent offenses. 13 use. 922(9) ineligible to receive or purchase a firearm. Miscellaneous I Revocation of certain Federal licenses and bene?ts, pilot licenses. public housing tenancy, etc. is vested within the authorities or' individual {ederal agencies. B. federal Penalties and Sanctions for Traf?cking of Controlled Substances A summary of Federal trafficking distribution) penalties For substances covered by the Controlled Substances Act (2 I . l} is attached as Table . t. State Penalties and Sanctions far Illegal Possession nr Traf?titing rtan Substances The srate of Maryland has its own laws dealing wirh distribution. manufacturing. and possession oF controlled substances. A summary of thes: laws is attached as Table 2. D. State Penalties and Sanctions Relating to Altohol 1. It is illegal in the state of Maryland For any person under 2] to falsify or misrepresent his or her age to obtain alcohol, or to possess alcoholic beverages with the intent to consume them. It is also illegal in moat situations to Furnish alcohol to a person under or to obtain alcohol on behalf of a person under See Article Sections 400 to 4033, Maryland Annotated Code. The penalty is a fine of up to $500 for a ?rst offense, and up to $1000 For repeat offenses. 2. Persons are prohibited From drinking any alcoholic beverage while on public property. unless authorized by the governmental entity that has jurisdiction over the property; in the Parking area or on the mall or other Area outside of a shopping center or Other retail establishment. unless authorized by the owner; or in a parked vehicle located on any olthe places lisred above. unless authorized. See Article EB. Secrion 21 l. Maryland Annotated Code. The penalty is a line not exceeding $100. 3. Persons are prohibited from possessing in an open container any alcoholic beverage on the mall. adjacent parking? area or other area of a shopping center unless authorized by the owner; or in any parked vehicle located on any of the places listed above. unless authorized. See Article EB, Seetion 2M. The penalty is a fine not exceeding 33100. E. local Penalties and Sanctions Relating to ltltohol See Sect inn DE above. 2.8 Federal hamstring Penalties DRWIWE Guam 9mm: 1 manure rename: Ire l; c-sess Fire?! Water: Encore Base ?shedue in 5-4; 9n. tutti-Ia it'dls or were .nm'e Mat Fess loan ovrs- Farting-[51M on IE: ?lm-.311 IT near or set-Iota u-gur; Fess than QC tr more madam 5 more oration: 30 or imam-v Ana Laue {Sf-sou? - '99 ol not e'ic'e than $25 torts-s {Schedc'e li TEE 999 mud are miners-W .ei?e It ?l-?gms rebate ?ll-tr! {arr nah in?. SE- man when?: =roeg 100 pins 9' em. .?ll?llm 1 :5 o' =nrt w?l?f Met'asrcirel-zr'? ne- [Se-e shu- Ir; 5 - slit one; [we or - g'rls mutate nun-n1 Often? isot It as an 19 re not more hie i'c'llsati?las' gc'ore mixture ginsor =mm note if intents-0r we trust or More manure Fili'l O?nme ?55? Iess ?3 m. are] real more tron we de?ect tote-cm urgent, no?. e55 than Fi? 'norelnan so lee Fan anew :10 "Hill? if not or rsdn?cuai Second (mense- tense ?t yrs. are: not more than tie I'M-her Witter. Hill-.1 ill: sew-.5 it"s s?l?r if?! {Ed-Nair.- 1 1-: - 5-9 sir-s or 14131 - $915 gals Inn-tree m?firmwn? F=no at rite t-ote than 3-1 emitter-i an al?vjaa? 31G nine-n mt we: VJJEE 103 gm t: "we ore e' 1 mom FE-?il :te rte-3 Iii-q: o' not mom Wm 55 new. if so notional 19 revision-s! 1 or More Print rt. "cream-em PENALTIES 32h? Sc?: suit- 1 R. wage [and any out: ?106.111 Gan-rm A: Any ornate-it lumrazepam [Sremle Wt tame-more First Wm I?h' ?we hat yrs. it dearth or narrate. new "at me It!" v.1 or more the ?ne 51 Ito-'1 nut um Sb anion so i'tsivueoat 5mm Menu "Lot ?on the?: Heat's er net-ores Ira-av "4.1 lawless-ens.- Perl? tan noel-u that 316n- ?no: no untrue-that are: Serena?s? 5'43: Any amoonl somerset-para {Scam 3131399915 First Manse "so-e than 5 years Fi?e not were Lila"- 3250 (m an ?rmware: i" ml or "cunt! Offense ?i?ut i: on.- '3 F-mnot ?restorm 35030.10 c-rl'u'duel 5.271870" All rI-u if! if me Any arse-tint Flo-Mums? film?s-Irate ese Ines: EL: IX:wa Fir-st Ola-rte Nor. than 3 years Fine nu- stints-a?oat St minor 1" not a" has.th Pore that" Dyes not me it a? nth-tog: 52 Hull on If not an .htl Sch-Me ?r mug-5 groan: lFirst Often-re: Not more than gt il'lE? mt maths-r =I'It1li-rldu3? Sum 31le i or rndde-al 5250 003 one? an rmwioual Second when! Mn' me that" {yrs Fm (Mr! no.1 4' an ndsnasia I F.5th and not ne- Federal Traf?cking Penalties - Marijuana onus ounrmw 1" OFFENSE 2" OFFENSE Manila Traffitlting Penalties Table 2 lpplitalsle Sanctions Under State Law for Possession or Distribution of Controlled Dangerous Substantes I Mar-?ared Criminal Law Code Ann. 5 1' Schedule' Penalty - Offense 2nd ??ense Marquette 1 one ?9 or more r?rrare. or ?i It: or rare plat-ts \ta: has T- yre-ass m' P?Cfe Ilia? life- 1 death er tel-utt- less Pear- 20 ',-ears "to! "mettle" lee '11? mt rmre [nan $4 Purim an $.10 r-rl?icrr ifotl'rer t'l?eflan units-?Jul are: tests. them 31'! item no: more :nan it?? t' deem or Stations E?tjtl'lg' translatorsf Isle Fine- m! than 58 .Mellimr enrMMal 52C Ira-lion other than an it?ivm?l Ma'ruanz 10:] kg to 95?! log ?at-.1315. or 100k: 999 giant's esett?on Sweats. not More than so years tdemn tr Erastus mum ?lul leostfun 20 seats Hr! "tare lha? le'e Fre- on! me Man 52 realism ET on Fume-rial Sb "trim if other tone on 't?tu?ua Not less 't?en 1] years riot more than life death or memos seem n'andatory lie Fire- "we ?@154 million an incl aid. at, int; net-rm rt other than 1-1 rrdvictset rant-mas ?ner: than 10 age. hast: 5h, fit-10 El? hag e'ix' are :Ilante more than! I-cgef nashshot 5310-39 we '30 years tr means :rlvn: ri-n' lessens": wet Ferethae lite Pine 51 ion tan nits:qu 55 Team: rl other the an ireivdua? Hid more than 230 yams l= mam-I mm our; n-ondalnnp' He 3? Tall no an =?cit'rdtal $10 Hill-on If athIar Ihan animal lela' gun-1.3 1:0 49 plants. less train so 413 mx?lu?e Pearl-sh It; kgor less l?ashsh Ikgortese Oil Mo: More: than rears: 15i": no! man: Mart 5250 D: "HIE-mother :l'ari rein-um: not more then 10 years; F'Ine 553001313 :1 an ?an: idual 52 art than if other lhan minimal 30 tall uhtlriu narrotit drug PIP an mhertonirulled dangerousstlisiance dassilied in Edit-duh I, orll' Fume mnulanrra?otrihutim dispensation thefellowitq: la} 5E1 pontidsorrnnenfmariiuana tint melhan 1'0 more than Slim?ur both rnorethan liters; line atom: #01 morethan 5 years; ?neuf not more than $75,0f?mrhotll llulless than Ill ?ne up tint less than in reanandsuh'nn to fine luioetliat lain nut lt?thanl years il?drug lingpin? mtlu than normnretliantn rears;?ne than $1 million {bl ?Egrarns or more oftooine ortotaine mixture it] 28 grants or ulntotulrineoropium minute me dosage units oily-sergeant ormirrure [el lliotsites ormnre in Equitlltam {ll 448 grants armorenl arrlI mirnrre runniring l?l HE grains ornate otmelluntphetamnenrmistue A person who manufacturen distributesr dispensas or possesses with the intent to distribute a controlled subseanee dangerous subseance in. on, or within 1000 feet of an elementary 0r secondary school 1will be subjec: to an additional term of not more than 20 years or a ?ne of not more than $20,000 or both For a ?rst offense and a term For not less than 5 or more than 40 years or a Fine of not more than $40,000 or both For a second offense. Criminal Law Code Ann, Title 362%: Maryland Possession Penalties {Magrith Criminal. Code Title? 5} Substance Penalty - in (theme 2nd Offense Ant dangerous suhstanre intern marijuana Marijuana Miscellaneous Hut motethan 4 years; ?ne olnnt more titan $25,000. urboth Not more than?l year, Twice that otlierwiseaulhorized Twice that otherwise authorized Individuals who have been com-ri?ed of a controlled dangerous substance ul?i'ense on or after january l. 1991 are required to disclose that fact when applying 3] For a license or license renewal. The licensing authority may re?tse to issue the license or impose appropriate conditions on the license (except For non- commercial driver?s licenses}. For rt fire of controlled dangerous mortar-rm- and their corresponding schedules. re: Maryland Crier-rim! Law (Ind: Ann. 5-402. Health Risks Subseance abuse is now recognized as the number one public health problem in the United States. Approximately 30% oFall admissions to general hospitals and 50% to hospitals have detectable substance abuse. Substance abuse accounts for approximately 50,000 deaths annually. This includes deaths from strolce. diseases of the heart and liver, and all alcohol and drug related suicides, homicides and accidents. Early detection can minimize or prevent the devastating Types of llmhot: Maltheveraoeis beer. oi to 5% alcohol; Unlorti?ed ilrrne ls urine notmore than tiltaltohol; Forti?edi'line isvrine otool more than Ritalcuhol; Spitiluour liquor is distilled spirits methyl alcohol. indodtng spirits olivine. whisker. rum, brandy. gin. etc Hired beterageisadrin?: composed in adult orpart oi spirituous litproraod served atrestaurants. hotelsand decreased appetitedeprersion olthe immune system; decreased sperm count ii men and irregu lar molation in women. Health ltislts: and respiratory depression: depression of the immune system; increased risltof heart disease; tarrcer.acddenls. hvpertensiort; brain damage; dautaoetounbom letur; impoteucerrt high dosage lerels. consequences of substance abuse. Types of Drugs: Heroin. [50. Ferrite. Hermite. Fsilonr?oin tStuooms}. {lther Hailed-rodent. Methaoualone l?uaaludesl. and innit} Morphine. Demerol. {odeine Fertodan. Fercocet, Ftntani'l. Dilaodid, Setoi'idolr Nembuial. (Mine. Amphetamines. andotheroprum and opium estrous terrain barbiturates suthasamobar?oitol and codeine oontaining medicine sudtosiiorinalti. Duriden. lyletrolli. Empirin lland codeine- based tough suppressaotssuth as ?iusslonerr and Htmmineandall anabolic steroids. llarbiturates, rutcotioand on including Valium. lalurin. librium. [duaniL Darvon. Darrotet. Placidrl. lranieoe, Sent, Ionamin {rellowiacltetsl contain very limited amounts of codeine. dihedrocudeioe. opium. and atropine. such as terpine hydrate uith codeine. robitussinAt. Marijuana. THL Harliish. Hashllil. Telra hydrodonabrnoi. Health Risks: depression. withdrawal death, unpredictable betradorwilh hatludnogenspossible danugetountrom letut and physitailraddittire; withdrawal convulsions. respirator}I failure. lreciuentatcidents. possible daurageto unborn fetus; death;cotaine and amphetamines inoeaseblood pressure which can lead to irregular treartbeat and can cause solution. increase in body temperature. halluciutions. convulsions. possible death. and plnuitallyaddictire. potential liver damage. nauseaaod vomiting. d?utiness. disorientation, shallow breathing. told and dammit slrir, coma. possible death: withdrawal include anriett. lrernors. insomnia. possibledamage to unborn fetus. and physicallyaddittiveomwsiness. withdrawal abdominalandmustle tramps. insomnia. anriett. tomulslons. possible death; possible damaqeto Urlbom fetus. and physiqu ad dittire. gastrointestirul drowsiness. withdrawal incluan runny nose, router}r eyes. panic. chills. cramps. irritability. nausea: possible damage to unborn letos. increased rislr of lung cancer. and contributes to heart disease. fatigue. paramia. possible Withdrawal including insomnia. hyperactivityaod 32 private dubs licensed by the state. For additional information torrent-r your tiara! limit!) our: provider or pleura-Meir r. Residential Consumption law It is a violation For someone aver age 2] to permit someone under age 2] to consume alcoholic beverages on property the},r own or lease. It does not require that the person over 21 be the source ofthe alcoholic beverage. immediate Famil)r members are exempt. So are religious ceremonies. The violation is a civil violation of the alcoholic beverages law (Section and carries a firsr offense fine of- up to $500. Available Drug/ Alcohol Programs Student and Employee Assistance Pro grams Frostburg State University believes that members of the universit}r comm unit-y who use illegal drugs or abuse drugs or alcohol severely limits their educational and human potential and their ability to achieve educational, career and personal goals. Frostburg State University provides educational programs and activities For all members of the University community to increaSe their knowledge, awareness and understanding oldrugs and alcohol. Students may receive confidential and professional counseling through the University's counseling services. ReFerrals and information concerning community resources are available through Counseling 5c Services or the Residence Life Office. Employees may receive consultation and referral by Counseling 6.: Services. Human Resources Of?ce or Alleganv County Health Department. 33 Information and programs are provided to enhance awareness and education concerning abuse prevention. Intervention efforts consist of subsranc: abuse workshops. assessment. referrals to campus and community agencies, and involvement with support groups such as AA. Adult Children of Alcoholics. NA and others. The program also offers a resource library to provide information about alcohol and other drug use and abuse. EURG Sand Spring Hall X4761 Contact: Mr. Don Swogger BURG is a student organization offering peer education to FSU Students concerning substance abuse issues. NSELING 3' SERVICES Sand Spring Hall X4234 Contact: Dr. Spencer Deal-tin Counseling 5.: Services provides short-term counseling, assessment and referral services for Students. in addition. we provide edueational and consultation services for students. HESIDEH CE UFE OFFICE Annapoiis Hall Contacrr Mr. Dana Severance The Residence Life Office provides educational programs and services on substance use and abuse. Additionally. we provide referrals to campus and communiryagencies. Disciplinary Procedures for Student Violators of Alcohol Policy Students may not purchase or consume alcoholic beverages unless they are of legal age as defined by the State of Maryland for purchase, possession or consumption of such beverages. Any violation of the University's Alcoholic Beverages Policy shall be construed as a violation of this seetion. The University policies are designed to minimize the risks associated with the consumption of alcohol. to reflect the needs ofthe entire University community and to uphold the law. The following sanCIions may be imposed for violations of Improper Possession. Use audior Abuse othlcohoi. First Ofense: Mandatory attendance at. and participation in. an alcohol education program. A three-page paper written by the student on the information gained from the educational program as well as a $25.00 Alcohol Education Pine 34 to the student for this program and a $75.00 Judicial Programs Fine will be assigned. Student's parent'isl or guardian will be noti?ed by mail ofthe violation. Second (you: Mandatory attendance at. and participation in, a Substance abuse and education program offered. A three page paper written by the student on the information gained by the program as well as a $50.00 Alcohol Education Fine to the student For this program and a $100.00 Judicial Programs fine will be assigned. In addition, there will he one semester of disciplinary probation. Student's parentis?guardian will be notified by mail ofthe violation. Him" Wis-use: A third violation may result in housing contract cancellation and removal from University housing. or suspension From the University. Students parentislfguardian will be notified by mail of the violation. metre of tie o?ertre. regmirert of the owner of rr'oi'irniutr m'mi? {it Footing worm-rt tuner/faiths om! tensor-rat'me iono'rrg. or from in: for) retro; dd??fo Io minorrfseffr'qtg ordain! a dresser Recommendation rim! the ffa'??ft??f ia- from Me i 'nrieeol?r. Administration of Poiicy This policy will be distributed annually to all employees and students taking one or more classes for any type of academic credit except for continuing education units. This policy will be reviewed by the University on a regular basis to determine its e??ectiveness and implement changes if they are needed. and to ensure that sancrions ofstudent conducr are consistently enforced. A person who manufactures. distributes. dispenses or possesses with the intent to distribute a controlled substance dangerous substance in. on, or within 1000 feet of an elementary or secondary school will be subject to an additional term of not more than 20 years or a fine of nor more than $20,000 or both for a first offense. and a term for not less than 5 or more than 40 years or a fine of not more than $40,000 or both for a second offense. I Art. 2861), Ann. Code of MD ?992) (J Policy and Procedures on Sexual Assault University of Maryland System Policy on Sexual Assault Purpose and Applicability The University of Maryland System and its constituent institutions adopt this policy on sexual assault, consistent with the requirements of Section 484?) of the Higher Education Act of 1965. as amended by Section 486(c)(2) oF the Higher Education Amendments and {ii} Section ?4301 oFthe Education Article of the Annotated Code of Maryland. This policy applies to all students and employees. both Faculty and non?Faculty. of the University of Maryland System or its constituent institutions. II. De?nitions The following policy recognizes two levels of sexual assault: Settuallssaultl By stranger or acquaintance. rape. forcible sodomy. or forcible sexual penetration. however slight. oi?another person's anal or genital opening Within}! object. These acts must he 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. Sexualilssaultll By stranger or acquaintance. the touch of an unwilling person's intimate parts {de?ned as genitalia. groin. breast. or buttocks. or clothing covering them) or Forcing an unwilling person to touch anorher?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. Ill. Responsib? ?es of the thief Executive of?cer Each Chief Executive OFFicer of a constituent institution shall have the following responsibilities pursuant to this policy: ii} identification of the person responsible for coordinating the constituent institutions educational program to promote awareness ofsexual assault; identi?cation olthe person who will serve as the initial contacr a?er an alleged sexual assault has occurred: and adoption of procedures to be followed should a sexual assault occur. including the importance oF preserving evidence as may be necessary to the proof of criminal sexual assault, and to whom the alleged otlense should be reported. 36 Ill. Educational Programs to Promote awareness ofSeaual Assault Each insritution in the University of Maryland System shall make available to its Students. faculty and employees programs to promote awareness of what constitutes sexual assault. how to prevent it. and what the institurion?s procedures are for handling reports of alleged sexual assault. in addition to general educational programs for the campus community. each institution shall provide specialized training on the topic of sexual assault and the provisions of sexual assault procedures to those individuals who might be involved in providing services to or interacting with alleged victims so as to ensure timely, accurate and sensitive assistance to all concerned. The UMS policy, together with the instimtion?s procedures concerning sexual assault, shall be distributed to all students. Faculty members and employees and shall be posted in appropriate locations at the institUtion and published in appropriate institution and system publications. Off-tamper Reporting of Sexual Assaults ?When a report oi'sexual assault is made to the institution?s initial contact. that person will encourage the alleged victim to contact law enforcement and medical personnel as soon as possible Following the incident to receive guidance in the preservation oif evidence needed For proof of criminal assaults and the apprehension and prosecution of assailants. Campus authorities will assist in noti?cation oFoFF-campus authorities at the request of the alleged victim. Additionally. campus personnel retain the tight to contact law enforcement personnel directly where an issue oF campus security is involved. Campus personnel will also assist the alleged victim in obtaining medical attention. if the victim chooses. including providing transportation to the hospital or other emergency medical facility. Each institution shall designate one or more nearby hospitals which are equipped with the Maryland State Police sexual assault evidence collection Icit. Vi. Campus ?istiplinary Procedures 1. Student Diso'plinaty Procedures In addition to any criminal or civil remedies available under the law, any act of sexual assault is a violation of this University of Maryland Policy on Sexual Assault and is subjecr to disciplinary proceedings under the institution's judicial system. The range of judicial system penalties For students shall include. but not be 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. b. The on-campus procedures shall provide (1) the accuser and the accused are afforded the same opportunities to have others present during a campus disciplinary proceeding: both the accuser and the accused are informed of 37 the outcome of any campus disciplinary proceeding brought alleging a sexual assault; and (3) the offense must be reported according to federal reporting mandates and Maryland state law. 2. Faculty and Employee Disciplinary Procedures In addition to any criminal or civil proceedings available under law, any act of sexual assault is a violation of this University of Maryland "System Policy on Sexual Assault and is subjecr to appropriate faculty and employee Disciplinary procedures. The range of employment penalties for faculty and employees shall include, but not be limited to, one or more of the Following: counseling, suspension, or termination of employment. 'ltll. Services for Victims Faculty. employees and students who are victims of sexual assault shall be offered access to counseling through mental health services available at the institution, other victim service entities in the surrounding community, or the nearest state designated rape crisis program. Each institution shall designate existing counseling, mental health and student services, both on campus and in the comm unity, which are available to vicrims of sexual assault. After a sexual assault has been reported at the institution. and upon the request of the alleged victim, the victim shall be offered an alternative academic, living or employment situation if such alternative is available, feasible. and appropriate to the facts of the sexual assault reported. implementation and Reporting Procedures Each ChiefExecutive Officer shall identify hisl'her designeelsi as appropriate for this policy; shall develop procedures as necessary to implement this policy: shall communicate this policy and applicable procedures to hislher institutional community; and shall forward a copy of such designations and procedures and any subsequent changes in such designations and procedures to the Chancellor. Institutional procedures that are part of this policy are on file in the Office of the Chancellor. Frostburg?s Procedures for Implementing the HSM Policy it. Procedures to Follow if Sexual Assault Dtturs 1. Immediate steps tor sulfate and safety: Immediately after the assault you may be in a state ofshock. Usually. your first reaction will be to take a bath or shower. Please don't. instead, wrap yourself in Something warm such as a blanl-tet or coat. Call someone to help you immediately. We recommend that you call the University Police at 3?1.637.4222 for an initial contact. Victims react to this state of shock in different ways: some are upset. angry or calm. "Whatever your reaction. you 58 may be able to make better decisions by talking to someone you trust or someone trained, instead of responding to your initial feelings immediately after the crime. Staying warn-r, instead ofcleaning up right away, will help you accomplish two important things: you will be helping your body to recover from the shock due to the assault; and you will not have disturbed or desrroyecl any evidence needed if you decide to prosecute. It is extremely important that you: DO NOT no shower or bathe 'gtlto a sale plate brushortomir your hair 'tallthe polite for help tluudit windows urinate 'ltEEp warm thangedothes 'get medical attention eat urrlrinlt anything 'wtitt down allyuu can remember harsher rinse yourleeth orsrnoltr 'talrea thanqe oftlotliing to the hospital ursetual touch thingsat Ihr come some 'ilyou must thaoge your clothes, put them in a paper tug to give'lo the polite [plastit destroys etidente}. 2. Seat Medical Assistance it is very important that you see a doctor as soon as possible after a sexual assault. A medical exam serves two purposes: it ensures that you receive whatever medical aid you need and available physical evidence can he collected. The University Police or Dr. Jesse Kettermatt will also assisr the victim in obtaining medical attention if the victim chooSes, including providing transportation to the hospital or other emergency medical Facility. B. Victim Services 1. Western Harylantl Sexual Assault [enter The Rape and Sexual Assault Center for the area is located at l'C'lilestern Maryland Health Systems {30l.723.4100} in Cumberland is a 24-hour service providing medical care. evidence collection and counseling services. A medical examination is always recommended even if you decide not to officially report the crime. It may be a good idea to have evidence collected initially in case you do decide to take legal action at a later date. 2. Brady Health {enter Brady Health Center l301.68?.4310) provides non-emergency health care, preventative STD treatment. serial STD exams, contraception, pregnancy testing and ongoing follow-up care as needed. Evidence collection would head to be done at 1Western Maryland Regional Medical Center. 3. Family {risls Resources Center, inc. The Family Crisis Resources Center (301.?593244} is located in Cumberland and prOvides free, 24 hour support services for victims of rape. sexual assault 59 rm and domestic violence. The outreach office in Frosrbutg is located at ['12 Meshach Frost Village and can be contacted by phone at 301.689.6890. 4. (ounseling and Services Counseling and Services (30 .68?.4234i provides individual and group counseling for victims ofsexual assault. sexual abuse and incest. 5. Studentand Educational Services Students who report they are victims of a sexual assault are encouraged to contact the Office of Student and Educational Services (301.587.4311) for assistanoe in changing academic and living situations. Appropriate changes will be made as are reasonably available. C. ll'ictirn complaint if the accused is an employee, a victim may file a complaint for internal disciplinary action with the vice prmident of the division in which the accused is employed. If the accused is a student. the University student conduct adminisuatot in the Office of Student and Educational Services (30l.68?.4311} is responsible for Student conduct. A sexual assault vicrim, University Police or any member of the University community may file a complaint with the University Code ofConducr Sysrem. Inquiries concerning Title 1X may refer to the University?s Title 1X Coordinator or the Office ofCivil Rights. D. Disciplinary Procedures in addition to Student Disciplinary Procedures (pg. 37"} ourlined in the University System of Maryland Policy on Sexual Assault. procedures for sexual assault will be conducted through the established hearing procedures as described in the University Standards of Personal and Group Conduct. For additional information regarding the heating process, see the Hearing Panels secrion on page 16 and Hearing ProCedures on page 17?20. Education coordinator The person responsible for coordinating educational programming to promote awareness of sexual assault for students and employees is the Dean of Students, Dr. Jesse Ketterman. who is located in Hitchins lift and may be contacted at 3Dl.(337.431 1. During orientation students are provided information relating to sexual assault education, personal safety and security. and responsible student behavior. The Office of Student and Educational Services will offer programs. upon request. to the campus community relating to sexual assault education. Student organizations. BURG Peer Education Network and the V-l)ay, offer programs throughout the fall and spring to increase awareness about 40 sexual assault. A speaker on sexual assault education will be invited to campus in the Fall semester, which is open to the campus community. initial lContact Person The initial contacr person for reporting Sexual assault vicrims is the Chief of Police who is located in the Police Building and may be oontactecl at 30133814323. The Chief will assist students and employees in obtaining appropriate services. Title I): Coordinator The Title 1X Coordinator is Beth Hoffman. Director of Compliance. ADNEEO {309 Hit-chins, The coordinatot's responsibilities include overseeing complaints ofseat discrimination and identifying and addressing any patterns or sysretnic problems that arise during the review ofsuch complaints. Sexual Harassment Policy The Frostburg State University Community is committed to maintaining a working and learning environment in which students, faculty and staff can develop intellectually. professionally, personally and socially. Sexual harassment is inconsistent with maintaining such an environment and is a form of discrimination prohibited by federal and state law. The position of this university is that sexual harassment within the campus community will not be tolerated. By law, sexual advances. requesrs for sexual favors and other verbal or physical Conduct ofa sexual nature constitute sexual harassment when: 1. Submission to such conduct is made explicitly or implicitly a term or condition ofan individual's educational or career advancement; 2. Submission to or rejecrion of such conducr by an individual is used as the basis for decisions such individuals career or educational advancement; or 3. Such conducr has the purpose or effect of substantially interfering with an individuals performance or creating an intimidating, hostile or offensive employment or educational environment. Sexual harassment includes a variety of behaviors and may occur within a variety of relationships, including relationships between persons of the same or different genders or persons of equal or unequal power. For example, sexual harassment may be as undisguised as a direct solicitation of sexual favors or solicitation accompanied by overt threats. Harassment may also be implied by unwelcome physical contact: sexual remarks about a person's clothing, body or sexual relations; conversations or jokes and stories ofa sexual nature; or the display in the work place or use in the classroom of sexually explicit materials which are inappropriate or Without defensible educational purpose. Such acts are more likely 41 than not to result in allegations of sexual harassment. In assessing whether a particular acr constitutes sexual harassment Forbidden under this policy. the rules ofcommon sense and reason shall prevail. The standard shall he the perspective of a reasonable person within the campus community. Members of the university community with personal knowledge of incidents of harassment are encouraged and university employees are required to report such knOwledge to the Ditccror of Affirmative ActionlEqual Employment Opportunity. All allegations of sexual harassment will be expeditiously. thoroughly and con?dentially invesrigated following the Office of Allegation of Discriminationfl?larassment Procedures. The rights of both the alleged offender and the offended will be protected, including protection from retaliation. Frivolous or false reports of sexual harassment will be treated as seriously as the offense itself. Sanctions for sexual harassment may vary from reprimand to termination of employment or dismissal from the University. in addition, an individual may be criminally prosecuted for sexual harassment. The University's commitment to maintaining a learning environment in which the intellecrual, professional. personal and social development of members of the campus community is assured requires that all members of the community adhere to ethical and professional standards ofconduet, as well as to legal standards. Therefore. consenting romantic or sexual relationships between faculty or sraff member and student or between supervisor and employee, while not expressly forbidden, are generally deemed very unwise. Power differences between faculty and Students or between supervisors and supervisees make the subordinate's voluntary consent to even an apparently consensual relationship questionable. Sexual relationships between a professor or supervisor and a subordinate may result in conflicts of interest or raise questions of favoritism. 1llv'herever a power differential exists between. persons who are romantically or sexually involved, the parties must realize that if a charge (I sexual harassment is subsequently lodged. mutual consent will not necessarily be accepted as a reasonable defense. Polity on theI Reporting of Suspected (hilt! Abuse and Neglect In accordance with University System of Maryland Policy. LSD (Polity an Report?ng of?urpecrna? Child'flbure mad Neglect}. faculty. sralf. and students are required to report suspeCted child abuse and neglect to University Police. Reporting requirements can be found at . tegen I 42. Health and Life Safety Policy Statement Frostburg State University considers its Students. staff and faculty to be among its mosr important and valuable assets. FSU seeks to protect human and physical resources by reducing and eliminating all potential health and physical hazards. increasing the awareness of hazards and encouraging the use of common sense will assist students. staff and faculty in eonducring study, work and campus acrivities safely. Frostburg State University recognizes its responsibility for providing its Students. staff, and faculty with a safe and healthy environment and is committed to meeting its obligations under federal and srate laws. Safety cannot be the responsibility of any one person. All students. staff and faculty are responsible for reporting all potential health and safety hazards to one of the folloyving departments: Residence Life Office $4121); the Office of Human Resources Safety Office (X4897). or the Physical Plant Department (X4125). STUDENT: All students shall comply with the fire safety requirements listed in the Residence Hall Guide. The guide requires Students to understand that all life safety equipment including. but not limited to. smoke detecrors, fire alarm pull stations, bells, horns, gongs, visual strobe lights, and ?re doors in the halls are for their immediate safety during an emergency. Compliance with these fire safety requirements is the responsibility of Students living on campus. Other health. safety and fire prevention guidelines are noted throughout the Policy Statement Ma nuali' Path?nder. 1?i'lifl?ltz'n a student is concerned with what they deem a potential health. safety. fire or environmental hazard, they should immediately call the Office of Human Resources Safety Office at x489? If the situation is an immediate heald-i or security related matter. the Student should immediately call the University Police at x4222. Fire evacuation drills are scheduled and conducted in compliance with the Stare Fire Code and the National Fire Protestion Association Life Safety 10! Code. STAFF: Each employee has an individual responsibility to repon all unsafe and potential to their immediate supervisor. learning and complying with all current Occupational Safety and Health Adminisrtation Standards and Maryland Occupational Safety and Health Standards are a part of the initial employment agreement. Fostering a safe worlt place is the responsibility ofthe employee and the supervisor on a daily basis. The employees are to follow the fire evacuation procedures during the activation of all building fire alarm systems. The Safety Office distributes fire evacuation procedures each semester. Copies of current safety standards and evacuation procedures are available by calling X4397. FACULTY: Each member of the faculty has an individual responsibility to insure a safe work place and to comply with current safety standards. Fire evacuation procedures shall be complied with during the activation ofall building fire alarm systems. During the evacuation ofa building. the faculty member shall be responsible fer the orderly evacuation of all students within their immediate classroom or lab. it is the responsibility of the faculty members to instruct the students in the proper use of personal proreetive equipment during classroom and lab procedures when required. The Office of Human Resources?Safety Office distributes fire evacuation procedures on a yearly basis. Copies of Current safety Standards and evacuation procedures are available by calling X4397. Frosthurg State University?s firsr priority is to the health and well?being of all employees and students. To achieve this goal, compliance with standards from the Federal Environmental Protection Agency and the Maryland Department of the Environment is crucial. A healthier and cleaner environment is not the responsibility of one person. one department or one division. Maintaining a balance with the environment is the responsibility of each Frostburg State University employee and student. Sex Offender Registry The Campus Sex Crimes Prevention Act is designed to make campus communities aware ofsex offenders in their midstT just as ?Megan's Law'1 does for non?campus. residential communities, In Maryland. 9 sex offender regisrry is maintained by the Department of Public Safety. You can access it at: or by clicking on the link at the University Police web page. The linked page gives a full explanation of the use to which the sex offender registry can be put, as well as some cautionary advice. it 4-4 Campus Security Act Disclosure Statement Frostburg State University's idyllic setting, attracrive facilities and sense of community combine to make campus crime a seemingly very remote concern. While our crime rates are indeed very low. crime can and sometimes does occur. The information that follows is intended to advise the campus community of Frostbutg State University's general security policies, and crime prevention programs. Information relating to the Campus Security Act including crime occurrences and arresr data is available in the Annual Security and Fire Safety I think you will find Frostburg State University to be in a very Favorable position. and urge you to Report at if?. llfS' ort join the many other individuals and departments on campus that continually strive to make rostburg State University the safest place it can be. Eynthia Smith thiefof Police Police Services at The University maintains a police force of 17 sworn officers. Each officer meets or exceeds the certification standards of the Maryland Police Training Commission. In-service training is an ongoing procedure, and of?cers receive training in topics Such as rape and sexual assault, the handling of racial-religious- ethnic incidents. first?aid. firearms, search and seizure. defensive tactics. ere. University Polioe Officers have the same law enforcement authority and responsibilities as the police or sheriff's department in your hometown. With certain exceptions, that authority is limited to the campus grounds. Of?cers are responsible for a full range of public safety services, including first- aid. motorist assisrance. emergency messaging. traffic control. crime prevention. and fire scene first responder. Law enforcement responsibilities encompass the entire criminal code of Maryland. including decriminalized offenses such as underage drinking. A civilian support staff assi5ts the police officers, as do srudenr employees who funerion as dispatchers. parking aides. and security assistants. University Police Officers operate from a campus-centered philosophy and handle most incidents without outside assistance. The Combined Countywide Criminal Investigation unit supplies crime lab. polygraph and other advanced investigative servicos. The Frosthurg City Police monitor and share information regarding crimes and offenses on adjacent public property and by off-campus student groups. Additional information and assistance is furnished by the Maryland State Politic and the Allegany County Sheriffs Department on a case- hy? case basis. 45 How, When and Why to (all the Polite The University Police emergency telephone number is 30! ?81432. You may also contact the police by means of one of the several emergency telephones on campus. A poliCe officer or a polioe communications oF?cer will answer your all 24 hours a day, every day of the year. Anonymous crime information can also be submitted to Allegany County Crime Solvers at 3013214300. or to our Tip Line, 301.637.5TOP The University Police Department depends on and encourages active community involvement. We promise to treat all crime victims with dignity and respect and to offer assistance and support throughout the criminal justice process. The sooner we are noti?ed ofdangerous conditions. criminal activity or suspicious behavior or conditions, the higher the likelihood of a successful resolution to the problem. If you are the victim of a crime and do not want to pursue action within the University System or the Criminal Jusrice System, you may still want to consider making a confidential report. With your permission University Police can file a report on the details ofthe incident without revealing your identity. The purpose of a con?dential report is to Comply with your wish to keep the matter confidential. while taking steps to ensure the future Safety of yourself and orhers. With Such information. the University can keep as accurate record of the number of incidents involving students. determine if there is a pattern of crime with regard to a particular location. method or assailant. and alert the campus community to potential danger. Reports ?led in this manner are counted and discloSed in the annual crime StatiStics for the institution. Examples of situations that should he immediately reported to the police are: I any criminal activity that you observe or are a victim of; a? any injury to a person or animal: In Fire, Smoke, or other indication ofti possible fire: a suspicious sounds such as breaking glass, screams. explosions. gunfire; I display of weapons: firearms. knives. martial arts weapons. ?reworks. or archery equipment; is physical security deficiencies: broken locks. doors. windows, light bulbs that are missing or broken; a strangers in your work or living area. especially if they are carrying items out. or ifthey offer items for sale at unusually low prices; a people loitering in lounges. halls or parking lots: - people removing items from a vehicle and leaving in a second vehicle; II information regarding drug use or traf?cking. The list of reportable activities or conditions could be made much longer. The important thing to remember is to trust your instincts and to notify University 46 Police ifyou are at all suspicious. You may also report crime to other university administrators or employees with signi?cant responsibility for student and campus activities. Examples of such campus security authorities are any member ofthe Executive Committee, the Affirmative ActioniEqual Opportunity officer. Residence Life professional or hall staff, Lane Center professional staff. or any other member of the professional Staff of the Vice President for Student and Educational Services, excepting professional counselors acting as such. Pastoral and professional counselors are encouraged. ifand when they deem appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary basis for inclusion into the annual crime statistics. Similarly, the Director of Athletics. .1 team coach. or a faculty advisor to a Student group may receive reports ofcrime on campus. Crimes reported to alternate university security authorities may be made on an anonymous basis. and will he reported in the university?s annual statistical disclosure as unveri?ed, good faith reports. . A complete It's: of campus security authorities including contact information can be obtained from the Chiefof Police. Smith by phone at 301-637-4223 or email at colsmith?l?ostburgedu. For immediate response with the highest likelihood of a positive outcome, the University Police recommend that they be the primary contact point. If you call University Police. try to remain calm, Stay on the telephone until the dispatcher tells you to hang up. unless you are in immediate danger. You will be asked a number ofquestions. including: your name tire circumstances you are reporting Hire titration after incident when if nap; rnm' wire is involved other gastric-m pertinent in the type afinridorryorr are reporting Have the following descriptive information ready if you can: PERSONS MFTOS name license numberr'state age make:l model tacer?sex color heightiweight outstanding Characteristics clothing number of occupants r' Crime Awareness and Prevention Programs Frostburg State University's low crime rate is due in large part to the efforts made to prevent crime from taking place. FSU was the recipient ofthe Governor?s Crime Prevention Award in P987. and annually since l99?. Crime advisories are published in the Student newspaper, and other alerts will be published, if neoessary, on the university?s computer network and in residence halls. parking lots, etc. These ?timely warnings" are issued based on the professional judgment and experience ofthe University Police Department. Sign up for ReGroup messaging here W's-twftostburgedur'regroupf. A log of reported incidents, the Crime log. is open for public inspection at University Police headquarters and may be viewed electronically by going to the Frostburg State University Police website at and clicking on Clery compliance. General Tips: Be aware ofyour Surroundings. "Walk with another person if possible. in open. well-lit-areas and take note of who is around you. Avoid distracting activities. such as listening to music while walking as it prevents you from sensing the presence ofa potential predator. Make yourselfaware ofrhe numerous blue light emergenCy phones around campus. Residential Seeurity; Always lock your doors even ifyou are going next door for less than a minute. Nearly all residential burglaries on campus occur when the victim?s door is unlocked. Avoid theft by roommates or other individuals invited to your room by placing valuable items in a safe secure area. Vehicle Security: If possible, purchase a security device that locks the steering wheel or brake pedal. (these are often more effective than alarms). Do not leave valuables in plain view, remove cat Stereos. GPS systems. ipods, cell phones etc. identity Security: Shred credit card receipts. bank statements and credit card offers. Keep tabs on your wallet and purse at all times. Thieves only need to find one piece ofrnail or your driver's license to Steal your identity and cause irreparable harm. Monitor your bank and credit card statements to make sure unauthorized transactions are nor being charged to your account. The following prevention and deterrence programs are available from University Police upon request: Operation Identification: You may borrow an engraver from University Police to mark your personal property and will be given a form to record the description and serial numbers ofyour property. You may also go online at the University Police website click on forms to record your property elecrtonically. In the event ofa theft. the descriptive information ofyour 48 property will be entered into National Crime Information Center data base for tracking purposes. Security Surveys: A. University Polioe Officer will visit any campus residence. office or class area and malte procedural or physical security recommendations based on proven crime prevention techniques and the officer's advanced training. Group Presentations: University Police Officers will make group presentations on the subject's ofdrug and alcohol abuse, tape and sexual assault prevention. as well as many other areas ofcrime prevention. In addition, oliicers meet with International Students as they adjust to their new surroundings and provide them with general crime prevention and university services information. Personal Escorts: Police of?cers, when available. will provide on?carnpus escorts for anyone who is concerned for his or her physical safety. Anonymous Tip Line Frosrbutg State University has a "Tip Line" for students, faculty, staff and members ofthe community to use to anonymously provide information about crimes, disturbances or concerns. Upon calling the "Tip Line?, the caller will hear recorded instructions and be directed to leave a message containing the information they wish to share. The information will then be appropriately followed up on. Security and the Physical Plant Department The Physical Plant Department maintains university buildings and grounds with a concern for safety and security. It inspects campus buildings regularly, makes repairs effecting safety and security and responds to reports of potential safety and security hazards such as broken windows or locks. University Police assists Physical Plant personnel by formally inspecting campus buildings on a quarterly basis. Repairs and improvements are done on a work order basis. except in emergency situations. Faculty and staff may submit work orders through their departments. Student work orders are initiated in the Residence Life Office. facility Access Policies Most university facilities are open to the public during the (lay and evening hours when classes are in session. Hours of operation differ for different programs and facilities. but most close by 11:00 pm. During times that the university is officially closed, campus buildings are generally locked and only faculty, staffand some students with proper authorization are admitted. Residence halls are loci-ted 24!? when classes are in session. Access is by key or ID card. fa?. Emergency Student Noti?cation Policy University Police [301.687.4223] should be contacted if a student has been missing for 24 hours or if there is suspicion a student is missing, regardless of the time that has elapsed. W?ithin 24 hours of the determination by University Police that the student is missing. the University will notify the emergency contact indicated by the student and notify allied agencies. Students should maintain accurate emergency contact information in which identifies an individual the University will notify if the student is missing. In addition to an individual indicated as the emergency eontacr. the patent or guardian will also be norifted if the student is under 18. Emergency contact information will be available to campus of?cials and law enforcement personnel in the event of a missing person invesngation. or if otherwise authorized by a law enforcement investigation. Emergency Response and Evacuation Procedures The emergency TESPODSE and evacuation are available 01'! [ll? University website at wwfrostbu cg.edur'adrniniIr .pdf. A printed copy is available at the Office nfStudent and Educational Services, I It} Hitchins Building. Timely Warning Policy Timely Warnings are provided to give the University Community neitification of crimes that may present a threat to the campus community and to heighten safety awareness. An informed community is better prepared to ensure its own safety. Crime alens may also ask for information that may lead to arrest and conviction ofthe offender. University Police will issue a Timely 1illiarning when there is a reported crime that poses a potential threat to the Safety of the University community. Timely Warnings will be issued for incidents occurring both on and offcampus. Timely Warnings are is5ued via Rc-(iroup in both text and e-mail format. you are strongly encouraged to sign up for these alerts here This information is provided as part of [iroStbutg State University's commitment to the safety of the campus and is in compliance with the federal Student Rigltt?to?Know and Campus Security Act of l990 {Public law Hill?542 as amended to the Clery Aer of 1993} and the Higher Education Opportunity Att of1965 {Public law I Ill-315 as amended in 2008). 50 University System of Maryland at Hagerstown Police Services. The Hagerstown Department of Police is the primary response unit for any crimes which may occur in or near USMH. They may be reached at 911. 301.789.6000 (emergency) or 301.?90.3?00 (non-emergency]. Police personnel of the Hagerstown Department of Police meet or exceed the training requirements of the Maryland Police Training Commission. They will provide initial police response. as well as specialized follow?up. A sub-Station of the Hagetstown Department of Police is located on the firs: floor of the USMH Center. on the wesr end of the building. It is Staffed by members of the Downtown Patrol, although there is nor an officer at present at all times. Crimes ot offenses. including sex offenses, may also be reported to the direcror ofthe USMH at 240.527.2721 Crime Awareness and Prevention Programs. Students and employees should take reasonable steps to promote their own safety. Crime advisories will be circulated to Students. faculty and staff on an as?needed basis. based on the professional judgment of USMH administrators. the Hagetsrown Police, andr'or the Frostburg State University Police. Crime prevention presentations can be arranged through the Hagerstown Police. or the FSU University Police. For further information, or to arrange a crime prevention presentation. call R. Smith, FSU ChiefofPolice at 30] ?meg! Warnings. in the event that a situation arises at USMH. or on adjacent public property, that, in the judgment of USMH administration andlor local police. constitures an ongoing or continuing threat. a ?timely warning" will be issued to the students. faculty and srafi'" of USMH. Timely warnings will be issued in print form and posted conspicuously neat building entrances. Facility Seem-Sgt. Physical security problems such as doors or windows that need adjustment should be reported to the Security Desk in the main lobby. Facifo Access Policies. USMH operational hours are from 9:00 am to 0:00 pm. Monday through Thursday. On occasion. classes extend to I :00 pm. Friday hours are from am to 5:00 pm. Saturday classes are held from 9:00 am to 2:00 pm. There is a reception area that is staffed by a private security firm. Video surveillance ofall entrances is conducted during operational hours. Drug and Alcohol Politics and Programs. USMH does not condone possession. use or disrriburion of controlled substances or drug paraphernalia. Alcoholic beverages may only he possessed or consumed in a manner consistent with Maryland state law. Anyone in violation of Maryland state law with regard to either drugs or alcohol is subject to disciplinary action and possible arrest. fine or imprisonment. In addition to state restrictions on the possession or consum prion of alcoholic beverages. USMH restrictions may apply as well. USMH alcohol and drug policies will be made available to all students and employees upon final appmval. Drug or alcohol services are not offered directly by USMH. Local agencies should be consulted. The Washington County Health Department may be 5! contacted at 301.791.3314 for either drug or alcohol information, or For referral to Other community resources. Sex Q??nder Regisny. The Campus Sex Crimes Prevention Act is designed to make campus communities aware of sex offenders in their midst. jus: as ?Megan?s Law" does For non-campus, residential communities. In Maryland. a sex offender registry is maintained by the Department of l?uhiic Safety. It may be accessed at: . The linked page gives a Full explanation of the uSe to which the sex offender can be put, as well as some cautionary advice. 52 Frostburg State University OCR Docket 3 03-13-2328 Interviewee: (WW3) [Complainant] Interviewers: Beth Geilman-Beer [Team Leader) Amy Niedzalkoski {Team Attorney] Date: January 9, 2013 Location: By telephone The Interviewee was informed of rights re: FOIA and the Privacy Act (W5): Ff. rm (W5): Frostburg State University OCR Docket 03-13-2328 Interviewee: (WW3) Interviewers: Beth Gellman-Beer [Team Leader] Amy Niedzalkoski (Team Attorney) Jenna Torres (Legal Intern) Date: January 6, 2013 Location: By telephone Others present: Karen Treber, Esq. [Counsel for Frostburg University) The Interviewee was informed of rights re: FOIA and the Privacy Act Are you familiar with the Complainant? ?r?es torn What is yourjob title and how long have you been in that position? F0 rllibii?ii (bili'iC) (bli?ii What are yourjob duties? (bii?l: (bliilcl Do you recall receiving a phone call from (ml? in February 2013 advising you that the Complainant would not be at school for a period of time? Yes Do you recall what he told you? i should soy, i?m not certain the col! took place in February, idon? know that date. He me and asked me if! couid give him Dr. Bowiing?s phone number and said an incident had occurred, the (Wall? (j r7?. had been assouited and they needed to talk to Dr. Bowling. i didn ?t have his number but toid him i couid get it from my supervisor but i said i would cali him back and he said no, didn?t want anyone eise to know. She had a number she thought was Dr. Bowiing?s number that they wanted me to verify. He said don?t worry about it, we?ll try this number. He never caiied back. Did he tell you with); wouldn?t be in school for a while? Did he mention that it was because ofa sexual assault? i don?t remember. i know somewhere aiong the course of everything i knew that but i don?t know ifhe toid me. Did he tell you she was assaulted, sexually assaulted? He didn?t go into detaii, no. My memory is reaiiy bad. i know that, i don ?t know he said sexuoiiy assauited, but i knew that so he must have. i knew when i hung up the phone what he meant but he didn?t go into great detaii, but he didn?t teii me by another student. After this call, did you talk to anyone about it? No, idid not. Not at that time, but isubsequentiy talked to my supervisor as (bile)? wasn?t in, and he asked what was going on and in confidence i toid him (bit?i; {bliitci What is his title? with); I What was his reaction when you told him? He was concerned for (bil?ii II and that type of thing. i don?t reaiiy know, like isaid, this was after things had happened, so i don?t know what he did at that point. How much time had passed by the time you talked to your supervisor? days? Weeks? i don?t remember honestly. it wasn?t within a day or two, but how iong, idon?t know. Are you aware of whether the University has any policies or procedures for students to follow if they wish to report an incident of sexual harassment or sexual violence? i?m sure they have procedures but i?m not with what they are. i do know, i didn?t mention eariier about my phone Coil with it was a Sunday. it was on my ceilphone, lpuiled over in my car to take the coil. Are there any steps that you are supposed to take if you learn of a student who has been sexually harassed or involved in an incident of sexual violence? What are they? Um, i?m sure there are procedures but i?m not, i don?t know what they are. Have you ever received training regarding the University?s policies and procedures regarding complaints of sexual harassment andp?or sexual violence? ?Ff 1?d- have done a sexual harassment lo the workplace training that the does every three years, have done that. Do you know whether the University has a Title IX Coordinator? Who? How did you learn the Title IX Coordinator?s identity? Yes, they do. That?s Beth Hoffman. How do you know whom it is? is it published? Do you work with her? I?ve seen her name la the directory and different places around campus. We never had occaslon to work her. Attorney followed up to let us know that referred to counseling when she seemed unwell. Frostburg State University OCR Docket 03-13-2328 Interviewee: Beth Hoffman {Title IX Coordinator) Interviewers: Beth (Bellman-Beer (Team Leader) Amy Niedzalkoski (Team Attorney) Date: January 16, 2014 Location: By teleohone Others present: Karen Treber, Esq. (Counsel for Frostburg University] The Interviewee was informed of rights re: FOIA and the Privacy Act What is yourjoh title and how long have you been in that position? lam the Director and EEO and T9 compliance. That title We had for at least 8 years. How long have you been doing the T9 piece ofthat job? ican't remember, sometime in the 90?s. What are your job duties in your role as Title IX Coordinator? iouersee all of the policies and procedures, i work with the athietic department on making sure we have equity, i work with the Student Educational Services (SEE) an grievance procedures and kept abreast of complaints flied, and conclusions and outcomes. Have you had any training specific to your role as Title IX Coordinator? If so, please describe the training. i?ve done a lot of differentseminars and webinars and of course, just reading, keeping up with the changes in the policies. Are you responsible for conducting training regarding saxuai harassmentfassault? i?m responsibie for the sexual harassment training that we do for our employees. What about for students? serve on the President?s Advisory sexual assault and we do training for athletes, incoming freshmen. What about training of staff for regarding reports they receive that students have been sexually assaulted does the training address this component, orjust sexual harassment in the workplace? it?s part of our sexual harassment training topics that are related to sexual assault they have to take it when they are hired and then they take a refresher course every 3 years. The refresher course has a little bit about how it doesn'tjust happen in the workplace, but also outside the workplace and the responsibility they have about that. What does the training say regarding their responsibility exactly? it says that they are legally obligated to report it to law enforcement. But in the policies it gives more options than that, like taking it to SE5, campus police, but the emphasis is, make sure you report. Would you say that employees are aware that they are supposed to report it to the T9 coordinator? My name is everywhere and it is stated that they can report it to me, yes. The University informed us that there are three policies that apply to Title IX complaints: 1] University of Maryland Policy and Procedures on Sexual Assault (PN 4.032) 2) Sexual Harassment Policy 1.004} 3) FSU Procedures for Pursuing Complaints of Discrimination and Sexual Harassment *We will address each on separately. Are you familiar with these policies? Yes, lam Did you assist in drafting any of those policies? Yes, all of the internal ones but not the System wide policy above). What timeframe did you assist in drafting those policies? The Sexual harassment we redid that back in 2001, and then after the DO. we revised the Student policies and procedures, in 2011. Are they published? Where? Yes. Everything of course is online, but hard copies are distributed. have them in my office. They are in the counseling center, on the information rack in the Lane center, in residence halls. 1) University of Maryland Policy and Procedures on Sexual Assault (PN 4.032) Our understanding is that this policy applies to all institutions in the University of Maryland System, correct? Correct Do you know when that was put into effect? i do not. PN 4.032 requires the institution to appoint a person to coordinate the University?s programs to promote sexual assault awareness. Are you that person? Yes also requires institutions to appoint a person to serve as the initial contact after an alleged assault, are you that person or is it delegated to multiple people? Delegated to multiple people. Who are those people? if it involves a faculty member, that contact is me, if it is student to student, then it goes through SE5 PN4.032 also requires institutions to adopt procedures to be followed ifa sexual assault occurs. Are those procedures the third policy I mentioned above, or is there a different set of procedures that go along with this system wide policy? We have our own internal policy but it is consistent with the system policy. The internal policy is #3 above F5 Procedures for Pursuing Complaints of Discrimination and Sexual Harassment}. It appears PN 4.032 was an interim policy. Is that still the case or has it been replaced? i was not aware it was interim, think it is now the policy. 2) Sexual Harassment Policv 1.0041 This policy states that members ofthe University community are ?encouraged? and university employees are "required" to report sexual harassment. Who are "members of the University community? as opposed to employees? it would be the campus community. Such as? Students, vendors The policy states that allegations of sexual harassment will be expeditiously, thoroughly, and confidentially investigated following the Office procedures. Does this policy and those procedures also apply to allegations of sexual assault not just sexual harassment? Yes 3) FSU Procedures for Pursuing Complaints of Discrimination and Sexual Harassment It appears that these procedures apply to all types of discrimination {race, disability, etc.) i?es (i It also appears that there is a process for informal resolution ofdiscrimination complaints, including sexual harassment. Yes, it includes sexual harassment. Is informal resolution also an option for complaints of sexual assault? Yes, if it wasn?t a student. So who would be able to avail themselves of informal resolution for assault under this policy? Employee on employee, faculty on faculty or faculty on student. But ifit?s student on student it goes to 5E5. For the informal resolution part of it, if it is faculty to faculty or faculty to student, informal resolution would be implemented through Policy Yes, but student on student, you use 555. This informal resolution for sexual harassment, this is available to everyone? Yes, but ifit is student on student harassment it would go through SESiudicial system. How would they get informal resolution through SES judiciary process? lt would be something like trying to resolve the issue before it goes to a hearing, like no contact, or moving the students, etc, anything that you would do to resolve the complaint before it goes to a heodng Are there written procedures that the EEO office uses, and then written procedures SE5 follows? We have procedures in both areas. Can you provide them? I think we have one set of procedures. Are they different? SE5 deals with Jiudicial disciplinary procedures, those procedures cover everything. if it is sexual harassment/assault, they follow their procedures for disciplinary action and how they handle the victim and perpetrator. But a student could come file a complaint with Beth {Hoffman}, but she would refer it to SE5. Did you have any input or given any information when the SES procedures were being drafted to make sure they meet the requirements of T9 for when they deal with a T9 case? Yes Approximater when? Right after the DO. came out in the Spring 2011, we worked on it extensively in the spring and summer Were revisions made to the SES procedures to comply with Yes, in that some timeframe How does the informal process work in 555, or is that a question better saved for Dr. Ketterman or someone from it?s better that someone from SE5 answer that question if a student wishes to file a complaint of sexual harassmentfassauit against another student, can you tell me what steps she/'he should take? The poiicies refer the student to 555 because it is a student to student issue. Within the University, whom is a mandatory reporter for T9 purposes? Reaiiy everyone is. That?s what they are encouraged to do. Whom are considered confidential resources for T9 purposes? Myseh?, Koren. Anyone else? Dr. Ketterman, his staf? the VP explains confidential resource and reframes the question) There are peopie that students know they can go to, but those that are trained know that they have to teii the student that they have to report it, except counseiing. So when you said you and Dr. Ketterman were confidential resources, what did you mean by that? Someone the student can go to, but we can?t not report it the counseiing center is the oniy piace that How are students made aware that counseling is exempt? it?s in training, in brochures, it iists peopie in there, it teiis them what their resources are outside of counseiing and other community agencies. If a student files a complaint of sexual harassmentiassault with SES, do you know if the policies or procedures call for the student to be informed of those resources that are available, or any other interim measures that are available? Yes What are they and how are they presented? They get it through training, written materiai How is it communicated to the student? A lot of different ways, incoming students take a course in orientation, in writing and in a workshop. at! the incoming students are aiso required to go through training. it?s provided to them yerbaiiy and in writing at the training. If a student makes a complaint of sexual harassment or violence, is he or she provided, upon making the complaint, of any resources that are available to him or her? Anything provided during that interim period that informs the victim of resources available other than counseling? For example, no contact order, changes to schedule, that sort of thing, and if so, how does the student know those are options? Usually that is through SES, and they immediately, the contact person, and that is precisely what they do. They ensure the student has numerous resources available to them, whether it?s going to the R, making sure that the residence hall is safe, it is very comprehensive. How is that contact person made aware ofthose services and how to provide them to the student? They are professionally trained on what to say to the student. Is the training provided through the University? Some of it is and some of it is through their professional organization. (Dim); (bill?iC) Are you familiar with the Complainant? l?m aware of the complaint, i do not know her personally. Are you familiar that she alleged she was sexually assaulted at an off-campus apartment? am aware of the case, yes. Ifso, when did you become aware? Who informed you? Dr. Kettermon told me. When did he tell you? l?m not exactly sure, i believe it was his name is in my appointment book but it wasn?t a scheduled appointment. Why did he tell you? Was that a matter of procedure? lt?s standard procedure to notify me if there is any sexual assault issue. What if anything did you do once you learned of the incident? i am not part of the hearing, ljust monitor the process, he keeps me informed of where they are, and workfrom that perspective. Do you assist with the investigation at all? don?t, l?m only advised. Do you know if the individuals who conduct the investigations are trained on conducting investigations? Yes How? Through their professionai organizations, seminars, webinors Do you monitor the training? They make the decision themseives on what training they do, but they make me aware Do hearing board members receive specialized training on hearing board or Title They do receive training on hearing board participation and Tide iX. Whom provides it to them? Dr. Ketterman and they aiso do our internoi training on sexuoi assauit and harassment which everyone is required to do. Frostburg State University OCR Docket 03-13-2323 Interviewee: Jesse Ketterman (Dean ofStudents) Interviewers: Beth (Bellman-Beer (Team Leader) Amy Niedzalkoski [Team Attorney) Date: January 16, 2014 Location: By telephone Others present: Karen Treber, Esq. (Counsel for Frostburg University] The lnterviewee was informed of rights re: FOIA and the Privacy Act Background What is yourjob title? i am assistant VP for student services/Dean of Studen ts. How long have you been in that position? Since 2003 i believe. What are your primary job duties? So i?m the chief conduct officer here on campus and i oversee our health center and i oversee, we have a director of student weliness, and i oversee her, and i oversee the Veterans affairs office. i assist with our summer orientation program and i chair the committee far students of concern and review admissions applications. And anything else that waiics in the door. What are your job duties as they pertain to complaints of sexual harassmentiassault/vioience that are brought under Title So i deal with the student end of it, ifa student reports a sexual assault to me, I then take that infarmation and share it with Beth Hoffman, our general counsel, Karen, and {bliilcl Iwha is Ilbilali (?Well I explain our University policies and procedures when I meet with the student and provide them with resources l?m aware of, so lessentially work with students and student related behavior and this is one ofthose areas. You said you report to Hoffman why is that, is it the policy? She?s Our T9 coordinator and so Ilbll?l; so I make sure they are aware of any situations I become aware of. You report to is that for Clery or do the police generally get involved? The University police can be someone that receives an initial complaint if the student goes to them first. Policies and Procedures Have you had any training pertaining to Title The investigation of Title IX complaints? Yes, I have. Part ofthe information we submitte,d there was a spreadsheet with a list oftrainings I attended. I can go through hit again? No, that?s ok are those trainings mandated by the University or something the SES dept does on its own? This has been addressing sexual misconduct, I?m a member of the association for misconduct, this has been on our radar as part of that association even prior to the DCL, but the DCL really brought more attention to it, so I?ve been engaged in more training since that time to make sure our policies are up to date and in compliance. Have any of the training dealt specifically with the investigation of a T9 complaint? Yes, I attended a 2-3 day workshop offered by NCHEFWI on responding to sexual misconduct in 2011 and I?ve participated in webinars and presentations at conferences. Do students or faculty who serve on hearing panels for Title lX complaints receive any Title IX training or training that is specific to Title IX complaints? So our panel is composed of faculty, staffand students and a volunteers. They go thorugh initial training and those who want to participate in sexual assault hearings, they go through additional training that I provide. That was enclosed with the material we sent to you. I also, last year, I invited representatives from the family crisis resource center and detectives from our criminal investigation unit and they discussed with the panel sexual assault outside of standard panel member training. All of our faculty and staff members go through training provided by Human Resources, and we have members of residence life on the panel that undergo training that is provided by residence Life. complaints? No, she does not serve a role in the ivnestigations brought to my office. lfa student comes to my office and says they were sexually assaulted, I would inform her of the actions we took so she is in the loop and so that?s really her involvement. She needs to be aware of the cases, and if there is a concern, she can bring it to my attention. How would a students or employee learn the identity ofthe Title Coordinator? lt?s stated in our policies and procedures. Another booklet we provided was our policy statement booklet which is our annual notification booklet which is sent via email to all faculty, staffand students every year. In that particular booklet it discusses our policies for sexual assault and identifies the T9 coordinator. It is also included in other brochures. I 4.032}. The second one is Sexual Harassment Policy 1.00:1} are you aware ofthat? l'm aware ofthe system policy but I don?t have the specific number policies in front of us. lf you look at the booklet, it includes the system policy. And then, on p. 41 we go into the sexual harassment policy at the University. There is a third, which is called the FSU Procedures for PUrsuing Complaints of Discrimination and Sexual Harassment. Are you familiar with that one too? Yes How did you learn about them? coordinator? In relation ot the policy statements booklet, I take the lead on that, but I keep the T9 coordinator in the loop when we make changes, also I keep general counsel in the loop. Ofthe 3 policies, which ones do you follow once a student reports sexual assault?harassment is it all 3? The system policy, our policy is compliant with it, so when follow the University policy it?s also following the system policy. General counsel interjected the system policy says you will adopt your own set of procedures that are in compliance with this policy. We don?t copy it exactly but we use it to develop our own. So policy 1.004, is that the policy that Frostburg developed at the direction of the system? Yes What are employees, staff or administrators supposed to do when they learn that a student has been sexually assaulted? If they receive that information, they are going to, our policies really fall in line with the Clery piece, their point of contact is le534 ?We? Iwho takes the lead from a Clery perspective. Then it would be brought to Beth Hoffman's attention, or if they are aware of my work, they may refer it to my office. How are employees made aware of this process and what they are supposed to do? They have a copy of the policy statements booklet, which has all the information about our sexual assault and misconduct policies. We do additional work with our incoming students, we talk to them about sexual assault to increase awareness. And for staffand faculty? It?s in the booklet and it?s in the email we send out. The front cover talks about sexual assault and harassment. Any training for faculty and staff? I assume that is part of the HR mandatory training. Did you take that training? Yes. Does that cover student assault/harassment? l?m not sure what is specifically outlined in that training, my knowledge is mere with the policy statements booklet and what is contained in there. (W5): (bllfiCl Are you familiar with the Complainant, {mine} . Yes How did you come to know the Complainant? Did you know her prior to the complaint? Yes, she (bl(?(0i I so i had (mete) Are you aware of an incident that occurred at an off campus apartment on {Dime} between the Complainant and the accused student? Yes How did you become aware of the incident between the Complainant and the accused studert? 0n met with me and Itbil?i; (WW3) and she told me what occurred and was interested in our policies and how it would be handled as a disciplinary issue and I provided her with that information at that time. She also requested that he have no contact with her at that time, so I met with him that evening and after that, i sent correspondence to both that they were not to have contact with each other. Prior to (bile)? telling you on (ml? did you speak with anyone else about it did anyone else report it to you? Not that I can recall. So the first time you heard about it was (bile): (bill Yes Tell me a little about the (bil?i; (bill? conversation and what transpired, did you explain next steps, etc? I explained the disciplinary process, how it would go to a panel hearing, I talked about resources available to her. What kind of resources? She was already connected to family crisis center. We have a counseling center, student health center, campus police, etc. Did you have any discussions about conflicts with classes or living arrangement conflicts? Yes, that would have been a part of my conversation. Did she express concerns about those? No Did YOU 35k the C?mplainant (?mm regarding what she wanted to do in reSponse to the incident? If so, what did you mean by that? No I would have never said that anyone? Did you need to complete any forms? No, there was not a form i needed to complete, and I have to look back at my notes about when I shared I. that information with Beth Hoffman, Karen Treber and (Ulla): . The next day criminal charges were i .J filed and that initiated the process on my end to proceed with a panel hearing because prior to that she wasn?t sure what she wanted to do. She wanted to make me aware and discuss her options. In your opition was it up to her to decide the next step on the College end? Did you have any affirmative duty to do anything or was the ball back in her court? We felt that there was a potential ofa continued threat to her, we could have addressed the matter further without any further involvement on her part. Her involvement allows us to provide information to reaffirm the direction and the decisions we make regarding the situation. Did you believe the accused student presented a threat to campus or her? No I did not perceive that. How did you learn of the criminal charges that were filed the next day? I'm not, l?m not sure whether University police informed me ofthat or whether (bil?i: may have shared that with me but it was probably University police. Once you learned about the criminal charges, did that raise any concerns about his continued presence on campus and whether the University would have to take affirmative steps with our without involvement? No it did not. You said earlier about once you learned about the criminal charges is there something the procedures address that once a student is charged criminally a panel must be convened? No, just because charges are filed, it doesn?t mean they are found guilty of violating any law or University policy. What criminal charges allow me to do is gather more information about a particular situation depending upon the nature ofthose charges. Did the criminal charges here prompt you to do any investigation? The criminal charges allow me to proceed with setting up a panel hearing to further investigate whether there was a violation of University policy. What did you do once you received notice of the criminal charges? I was made aware of the charges on the which was the last day of classes prior to spring break. On thei met with the accused and explained the hearing procedures to him. On the both parties were provided with the statement of charges and allowed to provide an additional statement to be given to the panel. And then {bile}; (D) we had the hearing. We understand that was appointed to assist the Complainant. When was she appointed to that role? At the time thatmet with me on the was. She would have been a part ofthat meeting with me, so when she returned 1 updated her regarding this case, and then she reached out to and was kind of a support person for her as we moved forward. She also served as _l i ii a co-administrator for the panel hearing. Both parties were provided the option to be in another room in the hearing and (DRE): elected this option sowas the administrator in that room. is it always part of her job duties to assist students who file a T9 complaint? Pretty much what happened on my end, as we have evolved since the DCL, i felt it was important to have a female involved in dealing with victims of sexual harassment or assault. i started the process of trainingto serve in that role so she?s attended trainings and so forth to better serve as someone who can work with victims. has contact with parties. Does she provide guidance as far as navigating the investigation and hearing? Yes Does anyone else do that for the victim? I would also serve in that role What aobudibii?ii do they have someone appointmed to them to help them navigate? That would be me We understand there were restrictions placed (DH?fie} how were those measures communicated to him? I met with him and sent him an email not to have contact with the other party, which was sent to both of them There was an incident whore they were both in the foodcourt at the same time on (. Was the intent if he saw her, he would leave, or did he have an idea of certain areas he wasn?t supposed to go to? to avoid future situations like that. How many cafeterias are there? i Were you aware that following the incident, the Complainant was staying at her parents? house instead of in her residence hall and commuting to school? l?m not sure. That may have been shared with me throughbut I?m not sure. Do you know what the reason was for that? NO housing. [don?t have a place off campus to house a student. We have residence halls scattered throughout campus though and I think that could have provided her with what she wanted. 5 addressed on a case by case basis depending on the circumstances. it could be either party that is moved depending on the information. At a minimum we provide the victim the opportunity to do that. Were you aware that the Complainant, the accused student, and other students who were present during the night ofthe incident had been drinking, including underage drinking? As a result of meeting with parties, yes, lam aware ofthat. Did you discuss the possibility of charges stemming from the underage drinking with the Complainant, the accused student, or any ofthe others who were present? That was an issue the accused attorney was very concerned about, the fact that he was under 21 and the alcohol was provided by the party that was with. They picked him up and took him to the liquor stOre and to the party where the consumption occurred. So i followed up with parties involved about that issue. Were any of those students charged with underage drinking? No. Did any of them face criminal charges pertaining to drinking? No, but I had follow up correspondence with the parties that was aware of that were involved in underage drinking. What do you mean by follow-up? if] k. .3 That is a concern and that the people I am aware of in this incident were friends of and that i didn?t think it would help addressing this situation ot find her friends responsible for violating the University alcohol policy when they were providing support tothrough this, but i did make it a point to express my concerns about the consumption of alcohol that evening. Once she decided to move forward with the hearing, did you meet with her to explain the process? Our investigation is the hearing panel where the panel asks questions. As administrators we screen or interview to the point where we think there is enough to refer it to the panel hearing. Yes, there were conversations with about the process and what the hearing would be like. Did you preliminarily interview witnesses to determine there was enough information to go forward? i had the statement ofcharges and that was enough information. That was the basis for moving forward? Yes Was (Didi); able to speak with anoyne else about the hearing process, maybe? Myself and Did you or provide the Complainant with any written information about the investigation/hearing process? Handout? Directed to website? i would have explained the information in the policy statements booklet. ldon't specifically remember handing it to her but that is my practice. Other than reading the statement of charges and meeting withand the accused student, did you investigate anything else or meet with anyone else? As we proceeded with this, there were other violations ofthe contact order, so we had that after the incident in the student center. We further restricted the time he would be allowed in the building. During the week ofthe hearing, the week prior to the hearingbrought to attention that he was in the student center 30 minutes outside of the timeframe that was established. There was no contact though, she just saw him at the information desk and went in a separate way. Then I investigated to see ifthere were further violations ofthat, and when ldid, I contacted ID services, I determined he swiped his ID outside the timeframe allotted. So, on Thursday prior to the hearing, we met with him and his attorney, and further restricted his ability to only go to class and to be on the side of campus where his residence hall is, which was not in the area of her residence hall. And so, and that action was taken knowing there was a panel hearing the next. How many students were present at the party that night? That was in the charging document. Did all ofthose students attend the hearing? {l Our process does not require people to be a wtiness, so like the four people mentioned in the report, I invited them to come speak with me and they were invited to the hearing How did you select those four people? All oi the people that i am aware oi, per the charging document, per sending an email to accused, asking if there were additional witnesses they wanted to attend the hearing. Let's say you invite a student to the hearing that you think has relevant information and they won't attend. is there any other way you get that information from them? That inlormation would have been in the charging document and shared that way. We do have a very parties involved, to question a witness. it is very diliicult to take a witness statement and bring in iront ottiie hearing board without providing some process to allow both parties to question the individual who wrote'he statement. Did any olthe Witnesses here provide a statement? No is there any policy that requires you to interview anyone before the panel? No. My extent of interviewing is getting enough information to know it should be referred to the panel Had there have not been the criminal charges here -- let's say there was no charging statement-- would you have had to do more ore-hearing investigative work to get enough iniorrnation to refer it to the hearing panel? night, it there weren't criminal charges, what we would have done, based on the iniormation- shared, we would have interviewed individuals to develop enough intormation. That's where the process becomes more difficult it's easier irshe comes in and says I'm making this as a reterral to the panel and start the investigative process, But ilshe comes in just seeking inlormation and says she's not sure itshe is proceeding, I have to decide it with the information she provided, I can continue with the investigation. or will she be revictimized and do I have enough inlormation to proceed. I would have proceeded to the extent possible with the information I had, But once i had the criminal charges, I had a detailed report. 50 it did make it a lot easierto proceed. what policies are applicable to the hearing? it you go to the policy booklet, the policy that we were using here are on page 11 and 12, a policy related to sexual misconduct I and ii, Those are the policies that were determined by the hearing board, which procedures would have been in place? we would lollow the hearing procedures that start on page 17 olthat booklet no you recall meeting with the accused student and on or aboum lies, I r10. 10 How did that meeting come to be? did you request it?) Once the charges were filed, I contacted the accused student and said we needed to meet, and in that meeting his parents came with him. What was the purpose of that meeting? To discuss the charges, I know, but also to talk about the hearing procedures, discuss alternatives, possible sanctions? All of the above. It was to let him know that we were moving forward with the panel, explain the hearing procedures. Again, if he withdrew, which was his option, what would have happened if that was the case. What would have happened if he withdrew? We would have had to have decided whether we needed to have the panel hearing or whether to wait until he reapplied to have the panel hearing. lfthe student withdraws we can proceed with a hearing even if he withdraws. But, there is nothing that requires us to do that, but the other situation could play out is he withdraws. If he ever tries to come back then there would be a hearing to address that matter. The issue itself wouldn?t have went away it?sjust a matter of when would we address it through our hearing process. How do you decide to have a hearing without him present or whether to defer the hearing? What is that decision based upon? The examples of situations where we wait is where someone is in jail and we know they can?t be there for the hearing. We would proceed where we felt we had all the information we need and it was in the best interest of all parties involved to have a hearing. Have there been any cases where you proceeded with a hearing where the accused student withdrew? Not in the near present If a student withdraws, is there any notation on his transcript noting a hearing was pending? If he had withdrawn we would put a hold on his record that would prevent him from being readmitted without someone contacting our office. What about if he transfers to another university, is there a notation on the transcript? No, but institutions are moving towards asking if the student is in good standing. That is fairly standard throughout the system. To my knowledge right now the only thing we are allowed to put on the transcript would be for an academic dishonesty case. Counsel system wide has been discussed, and to this point the system has not decided that they want disciplinary action on transcripts. There has been no agreement yet on the system schools but most schools ask if the student has outstanding disciplinary action. 11 (I Na, and that?s why we don?t prefer to use that as a method of resolution. An administrator meets with the accused student and then that administrator determines that outcome and sanctions. In these particular types of cases, it is very rare that it would be addressed through an administrative hearing. But you are aware of a few that have? Yes Events leading up to the hearing On (bile); (till? the University provided the Complainant and accused student with the University?s referral statement, informed them of the scheduled witnesses, and asked them to supply names of additional witnesses and/or a written statement by (bil?i; (I3 Did the Complainant or the accused student provide more witness names? ldon?t recall without going back through the file. That notification you sent them that had witnesses listed, did you get those witnesses from the police report?l Yes Please check if either student provided any additional witnesses and let us know. And ifthey did, were those names shared with the other side. Did the Complainant er the accused student provide a written statement that was used at the hearing? I believedid, but again I would have to look at the file to make sure. What happened there basically is i shared the information that I had with both parties and said hey, look through this, ifthere is something I?m missing, if you want to elaborate that wasn?t reflected in what I shared, let me know by this date. Then I would include that in the referring document for the hearing panel. I provided that opportunity to both parties and then I send out the official notice for the hearing. lfa party provides a written statEment is that shared with the other student prior to the hearing? Yes All of the referring documents are shared to both parties prior to the hearing? Yes How is it shared? Electronically in this case. OCR asked that they provide us with a copy of that email. When did you send that electronically? 13 (I There is an email (hal is from me dated ("Kai (W7 Attached was the statement of charges, and inviting them to provide a written statement and witnesses, etc. The accused provided a statement on (We? I emailed his statement Wt provrded a statement bu-dld not Do you know why No that was up to her, it wasn't a requirement on my part idn't provide a statement7 when did you first have contact with the accused student's attorney? I'm nal sure ortne exact date. it looks like the earliest correspondence irom the attorney is- Do you recall what prompted him to get In touch you? Was there something procedural 50mg Dn' He expressed some concerns about some ortne rniormation that had been But that letter was addressed to (tilt 1 The first correspondence addressed to me was His attorney was yery involved Did the Complainant have an attorney her? No, both parlleS are entitled to have a support person who can be an attorney. How are they made aware of that? Because intorm them and it's in our policies I'm lacking at the :50 procedures and it says the discrimination complaint procedures provide that both parties may elecl to have an adviser 0' choice The adviser shall be Selene-100m Sta" but cannot be a lawyer and nor can they have representation during the process, Was that in play during this process? lithe complaint was filed through human resources that would apply. The policy statements booklet on page 19 states that me In the hearing procedures) students represent themselves in the hearing out they may have an advisor bul may not disrupt or interrupt. Legal counsel is not entitled to attend unless a strong possibility oi criminal charges. So was the attorney permitted here because there were charges? Right in this situation would been permitted an attorney? Yes she know that? Yes How? 14 5 I told her she could have a support person Did you specify it could be an attorney? I don?t recall a specific conversation where I would have said an attorney. If she had asked, I would have said yes. Do tile)? the accused student's attorney requested the hearing be delayed until at least (bit); (bi Did the Complainant ever request to change the hearing date? Not that I?m aware of, no Was the Complainant informed that she had that option? Well she would have known because that particular request. The other challenge I was dealing with, I didn?t have a hearing scheduled, I had a tentative date. I realized I didn?t have all the information I my pool so I had to go back and work on getting a panel together and the information to proceed wasn?t ready yet. So the delay was my decision not the request ofthe attorney. I wasn?t ready to have the hearing that fast. I set up a tentative date and then set it for later. On the accused student?s attorney asked for a conference call with you to "go over the ground rules? for the hearing. Did you grant his request? Did you have that call with him? If he requested it, yes, I would have had that. But I don?t recall the conversation specifically. Either party, if they asked to talk to me, I would have accommodated that. Did you ever have such a call with the Complainant? . I would say that I did initially when she came in to meet with me she came in I libii?i: I I had meetings wehre she brought other students as support for her but I don't remember their names. Did she know at any point he was represented by counsel, prior to the hearing? I can't say for sure, I would assume she did. How would she have known? Because of the criminal charges and the attorney would have been involved and the campus is small enough that everyone knows everyone. Also on (DI the accused student approached the Complainant in Appalachian Station. How did you learn about that encounter? 0n (mien she would have informed of that, and thenand I would have discussed it and addressed it. How did you address it? 15 (i (l a. On myself and (bil?l: met with the accused student via conference call, and his attorney, and then that is when we identified limited times that he would be in the building and informed ibii?li of those times. it is our understanding that mm?" became the Complainant?s primary contact and that you took a step back. Is this accurate? That is correct, because I felt would be a better point of contact. Why was that? Because that was the role I had been training her to serve in. Ith (W5): (mi? explained the hours the accused student was permitted to be in the Lane Center and advised her to remain clear of Appalachian Station while he is there eating so that she would feel safe. How were the hours during which the accused student could be in Appalachian Station determined? It was looking at I think, looking at both parties? schedules and saying what works. There is that equivalency piece I told you about, and both had to be able to use their meal plan in that same area. Were there other areas he could have used his meal plan, but was this the primary place he would have used his meal plan? The primary place is the dining hall. The third location for all is the food court in the student center. is Lane center the equivalent ofa student union? Yes Did he have programmatic needs to be in there? No, as primarily the food issue I was dealing with, there may have been some project he needed a table in there for, that would have been part of when we framed time around and informed he may be in the building around that time. Why wasn?t he restricted from the Lane center entirely? He was paying for a meal plan on campus and I felt I had to provide him with an opportunity to use that area. excused because they know the complainant and that potential panel members be questioned regarding their familiarity with the Complainant. Was this done? Were all of his requests granted? Yes, I did. Was the Complainant given the opportunity to reject members ofthe hearing panel? Yes - 16 "l a. - Did she? No On the accused student?s attorney asked to supplement the record with letters from character witnesses. Was permission to do so granted? Yes, a student charged through the university process can provide character statements, yes he was allowed to do that. But during the hearing process, in the first part we determine if a violation occurred and in the second part we determine sanctions. So students charged can bring character statements intended for the individual who receives the sanction. They are only brought in during the sanctioning phase, or are they used to determine a violation? it?s the next to last step in the sanctioning phase. All parties can make a recommendation on sanctions, then they introduce the statements, and then the next part is prior conduct. On ('0in (WW3) the accused student was in the Lane Center when he was not supposed to be and a "show cause? hearing was scheduled for (bill; (bi as a result. What is a ?show cause? hearing? If I?m taking interim action against a student i need to provide them an opportunity to demonstrate why that action should not be taken. is that the same process when he was restricted from the Lane center? This was the first violation ofthe no contact piece. My conversation with both ofthem and email that followed specifying no contact. This was the first violation of that and so this was the first time we had that hearing. Was the Complainant present at this hearing? Was she asked to provide information? Why or why not? No, she was not aware the hearing would take place. She had already provided information to which I used in the hearing, and also what! obtained from the i0 people is what I used at the hearing. Was the hearing that was scheduled for (i305); (W to address the violations of the no contact order, the sexual misconduct charge, or both? No, that was addressed as a separate violation of policy as a separate incident. Was that second violation considered a form of sexual harassment? ldon't believe so. Theli?il?l; (W7 Ihearing re: the incident Was the accused student?s attorney present? Yes Did the Complainant have representative? 1? (i Yes. l?m not sure if it was an attorney. In a separate room she had someone there with a previous legal background but ldon?t know if that was the support person. Did the accused student?s attorney participate in the hearing ask questions, etc.)? No, if he had attempted I would have stopped that. There were times I had to tell the attorney to step out. No, the attorney did not actively engage the panelstep out because he was attempting? i asked him to step out because he was expressing concerns to me and that was not appropriate in the panel setting. Explain what you mean by he was expressing concerns? From what I recall he felt one ofthe panel members was opininated in attacking his client in asking questions. I pulled him out and discussed that with him and proceeded with the hearing. How many times did you pull him out? Just once Did anything similar happen with the Complainant?s representative? Not that I recall Did each party present witnesses? then they leave. Did everyone who showed up to testify given an opportunity to testify? Yes Who determined the sanctions that were imposed against the accused student? The hearing panel makes a recommendation to Dr. Bowling, but then it is up to him to accept. Did (Dim): identify additional witnesses? idon?t believe so, but I would have to go through the file please check. Did the accused student identify additional witnesses? I don?t recall please get back to us. What sanction did the hearing panel recommend? Suspension and not be allowed to return until spring of the following year Did they make that recommendation on the day of the hearingYes And then sent to Dr. Bowling? Yes What was the timeframe? He would have been made aware of it that day. Did he accept the sanction? You have to discuss that with him. When the hearing ended, what was the state of things? There was a verdict and recommended sanction, but how would the students have known what was going on? Both parties appealed, and had 5 days to appeal. Then Dr. Bowling reviewed the appeals and denied them and then the sanctions took effect at that time. No, he was suspended that semester. He lost all the courses he was taking. The panel makes a (bii?l; contacted {bii?l an contacted me. Did you have any conversations with Chief Smith about this encounter? I believe I had a conversation with her the next day on the . How did that conversation come about? She called me and was asking the status of the situation. Had she been involved in any of the previous encounters, or was this her first involvement? I believe that this was her first involvement. I took an interim action to suspend him pending the hearing to determine the outcome of violating those expectations I had put in place throughout this matter. Was a show cause hearing held? Yes, it was. (bile); informed did the interim action, and I believe the Mondav or Tuesday following there was a conversation with ?3'30 and his attorneyr with our legal counsel. 19 g) .5 Was the Complainant notified of the hearing? l?m not sure Was she asked to provide information for it? She was asked Thurs. night to provide a statement Was the Complainant notified ofthe outcome ofthe hearing? I?m trying to think on this, i think she was told to request that information through general counsel. Why was she required to go through general counsel? Our policy states that to be informed ofthe outcome they must submit a written request What was the purpose of that meeting? It was to show if additional information was needed to suspend him and i felt there was no additional information required. And so a hearing was scheduled for the accused student on (bit?l: (bl Yes but he voluntarily withdrew prior to the hearing Was the Complainant aware of this hearing? l?m pretty sure she was Could she have been called as a witness? i believe she was listed as a victim Was that hearing considered to be, was any part of that hearing, would it have been considered something that fell under T9 or a different violation of the code of conduct? it was a violation of ignOring or refusing a reasonable request ofa University official. It looks like on the accused student sent a letter to you and plead "responsible to refusing a reasonable request as it related only to having been in the Lane Center on after the specified hours of my restriction.? The letter also stated ?It is my understanding that ifl agree not to re- apply to Frostburg then no further sanctions will be administered and there will be no finding on the alleged violation of harassment that was also included in the earing notification. Based upon this offer, I will not be reapplying to Frostburg." How did this plea come about? Did you have conversations with him or his attorney, or did he ask about it? After the original hearing it was very clear from perspective that her thought was that he should have been expelled. The panel determined the outcome on that but i knew her position so i was able to achieve that outcome without having to do a panel hearing and without her having to go back through the hearing process. I thought i was able to get what she was seeking. 20 r" f?n Was that a sanction within your discretion? Yes that was an administrative hearing and that is my discretion as an administrator. When the panel determines sanctions, do they follow guidelines or do they have discretion? They have discretion but they do have guidelines. Are there guidelines for sexual misconduct charges? Yes under system policies, student disciplinary procedures. Are those options given to the panel to deliberate on? Right they are aware of that, and also in the policy booklet there is a list of different sanctions. Did she? General counsel i don?t recall Was it otherwise communicated to her, what the result was, how it all ended? i believe she was, but I did not directly tell her that the incident itself was an alcohol induced type of incident which was a factor in it. if i thought he had the potential of repeating that behavior then I would have given an interim suspension but there was no indication that this was the case. 21 hw? - - a. Caller: Karen Treber, Esq., Counsel for Frostburg OCR: Amy Niedzalkoski, Team Attomey Case: Frostburg University OCR docket it 03-13-2328 Date: January 17, 2014 called the University?s counsel in response to her email to OCR. Counsel wanted to talk about our questions to the Dean of Students yesterday regarding whether the Complainant received a copy of the hearing decisions. The Dean of Students told OCR that the Complainant asked for a copy, and as per policy, he told her to request a copy of it in writing from the generaf counsel. Counsel stated that she received a written email request from the Complainant for the hearing decision and that she called 555 and they advised her that they had sent the Complainant a copy ofthe hearing decision. She does not recall to whom she spoke in SE5. Counsel stated that she is unaware of any policy that requiresfdirects students to contact her for the outcome of a hearing. She said that when students request such things from her, such as documents related to housing disputes, and she always refers them to the department that is responsible housing, etc.) Counsel and I also discussed the process going forward. Specifically, that we would complete our interviews of the University?s witnesses, approach the Complainant for rebuttal if appropriate, conduct follow?up interviews with the University if appropriate, and possibly come onsite. (J (4 FROSTBURG STATE UNIVERSITY OCR DOCKET NO. 03-13-2328 INTERVIEWEE: Chiemeith Frostburg Public Safety Chief DATE: February 24, 2014 TIME: 9:00 am. OCR: Beth Gellman-Beer, Team Leader Amy Niedzalkoski, Team Attorney OTHERS PRESENT: Karen Treber, Esq, Counsel for Frostburg State University The witness was advised of FOIA and the Privacy Act What is yourjob title? Cbiefofpolice at the University How long have you been in that position? 5 years on April 15?. What are your primary job duties? l?m responsible for safety and security on campus. What are your job duties as they pertain to complaints ofsexual harassment/assault/ violence that are brought under Title Do you have any responsibilities that go along with that? You?re talking about beyond an response in criminal Jiustice?? Correct. i would be responsible to share any information i have would have to make sure that the T9 coordinator and any other administrator was aware oftbe incident so appropriate action could be taken. Are you familiar with the Complainant, {bii?t (bum) i am. 1-. (1 Are you familiar with an incident that took place on Ilbll?li ?330(0) lat an off-campus apartment between the Complainant and the accused student? am ifthat?s the case that she reported to the it." on (blillcl How did you become aware ofthe incident? When? Why? i received an email from one of my of?cers on (him); (bililci reporting that (men: had reported that a sexual assault occurred to the police. Is there an MOU between the local police and the Frostburg police? There is no MOU but here in the County with the exception of the State police, we share a reporting system, and have a lieutenant assigned to track that, so we would be aware. We also have a verbal agreement with the state police for any students involved in sexual assault so we would be noti?ed. Did campus police have any input or cooperation with local police regarding criminal aSpect? l'm sure we did, but i would have to go baclc and review the reports. Typically we do coordinate and assist when there is an incident involving a student. When you learned about the incident, did you take specific actions regarding reporting to the T9 coordinator? personally didn?t do that, but we routinely share that information with the Dean ofStudents who shares it with the T9 coordinator. Did anyone on your force share that with the Dean? Yes, again we routinely share that information whether it be an in Vestigative report, or by email, and i would suSpect, although have to check, i would be surprised ifwe didn?t send that investigative report to the Dean of students right away. Please provide that documentation to us; please provide documentation showing that you provided the investigative report to the Dean of Students. What happens to the report, once the Dean is notified? That is a better question for the Dean. What, ifany, training did you receive in order to assist the Complainant or other victims of sexual harassment/assault? For example, have you received training regarding Title The investigation oi'l?itle IX complaints? The University?s hearing procedures? Well i can tell you ?m ibli53i {bill??Cl land love); (maul) I and over my career l?ve been educated and trained in many different aspects of T9 and civil rights. The witness talked of training prior to her position at the University. am very familiar with the requirements and responsibilities but it would be difficult to point to training recently. There was sexual harassment training on campus, annually, so yes, i have. (i Do you play any role in the investigation of Title IX complaints? Do you have any role with the Dean?s office? Oniy to the extent where we wouid be abie to provide information or assist in those investigations. Do you know the University?s Title IX Coordinator? Yes What is your understanding ofthe Title IX Coordinator?s role with respect to sexual harassmentfassault complaints that are brought by students? My understanding is that that position oversees compiaints and investigations; oversees the annuai training and it generality oversees the University?s compiiance with T9. Do you have any interaction with the Title IX Coordinator when you are involved in a sexual harassment/assault-case? I know you notify the dean, but is there any other interaction with the T9 coordinator department? Yes, just recen tiy i had a personnei action with an empioyee and i had discussions with the T9 coordinator regarding the appropriate outcome and she assisted in identi?zing training. Did you have any interaction with the Title IX Coordinator during the course ofyour involvement with the Complainant?s complaint? No, i did not. Are you involved with any other sexual harassment cases that are handled by SES in other ways? i think your questions pretty much covered our invoivement in those cases We understand that had ensuing issues with the accused student there was a no contact order and they kept running into each other. Were you involved in any aspect of the University dealing with that aspect of the complaint? 0n she sent me an emaii expressing concerns about continuing contact with the accused. i met with her iater that day. What transpired when you met with her? She expressed her concerns and frustration of not being supported by the University. expiained what wasgoing on and listened to her. As a result she?ied a complaint with my office against him based on his continuing contact with her. When she filed that complaint, was that considered something criminal or something the University would handle under T9 or something different altogether? Weii it was of the above essentiaiiy. There was at that point the accused had been criminath charged. We consuited with the State Attorney to determine if he vioiated the conditions of his pretriai reiease. The answer was that it possithr was we had to continue to documen further incidents so that was somewhat in a grey area. in my estimation it was an administrative viaiation to he addressed by 5135 because on its face, based on what she reported. he was in vioiation afan order that the Dean of Students had issued. When she reported, on when she told you what was going on, did you have any contact with SES about her report? i beiieve i did. Most certainhifoiiowing on the as i recaii she cauidn?t meet untii the with an and she made an af?ciai report, which was then forwarded to the Dean of Students. Was that something that was done in the normal course of business (forwarding the complaint to That is correct. Do you know ifhis continued contact, did the State Attorney consider that a violation, or was there any other effect on the case criminally? The State Attorney?s Office did not pursue the vioiation. FROSTBURG STATE UNIVERSITY OCR DOCKET NO. 03-13-2328 IN TERVI EWEE: DATE: February 24, 2014 TIME: 10:00 am. OCR: Beth Gellman-Beer, Team Leader Amy Niedzalkoski, Team Attorney OTHERS PRESENT: Karen Treber, Esq, Counsel for Frostburg State University The witness was advised of FOIA and the Privacy Act What is your iob title? Itbll?l; I How long have you been in that position? {Dita}: What are your primary job duties? (W703) {blt?ii What are your duties as they complaints under have no real official T9 responsibilities. [work with students, so I do nothing with staff and faculty. Should someone at the University level become aware that a student comes forward with a report, typically the second or third person contacted is me, and I?m like the case manager for the student to make sure they have access to resources they need. Are you deemed a confidential resource for students? No. the reports that come to me are usually second hand anyway, the student usually has reported it to an RA or another administrator at the University. Are you familiar with . es. Her complaint was made in which it sounds like when you became the Director. When you were the Coordinator, did you have similar job duties when it came to survivors of harassment? was not considered a resource liaison, was more ofa conduct officer in the sense I would explain the process, answer questions, help with paperwork, would give out my personal cellphone number should they have questions or concerns. My work as a liaison became heightened after my promotion. EQlicies and Procedures The University informed us of three policies that may apply in Title lX cases: The University ofMaryland Policy and Procedures on Sexual Assault (PN 4.032), which is a system-wide directive and Universities create their own policies based on that. And the University created in response the Sexual Harassment Policy 1.004] and FSU Procedures for Pursuing Complaints of Discrimination and Sexual Harassment. Are you familiar with these policies? Yes When a complaint of sexual harassmentXassault/violence is brought to SES, which policies and procedures are used? (Le. one ofthe above, or something else?) We use those policies. Have you ever received any training regarding these policies or procedures? Yes What type oftraining and by whom? SOme ofthe training has included the Dean ofStudents facilitated trainings to clarify what those standards mean, for example, what is the difference between Sexual Misconduct and II. I received training at the regional/state level where we discussed University policies. Did you have that type oftraining before (bile); {bi complaint? Yes Have you had any training pertaining to Title The investigation ofTitle IX complaints? i i i Not specific to Title IX, no. The training I received was focused on the student conduct process or being a certified victim advocate. With regard to the student conduct process, would that involve the investigation ofsexual harassment complaints or not? That's a great question, as I was receiving my promotion, I received more training on investigative process although I don?t facilitate the investigative process. I just provide information about follow-up with the Student, help facilitate meetings, I am aware ofthe investigative process. But I?m not an active investigator. Who conducted the training? I would assume, it?s been a few years, I know that our campus facilitated much ofthat training, so likely Dean Ketterman or the previous Dean. They sometimes brought in other facilitators if necessary. Do students or faculty who serve on hearing panels for Title IX complaints receive any Title IX training or training that is specific to Title IX complaints? Or is it one training that applies to all types ofdiscipline cases from a drug violation to academic dishonest? Faculty staffand students who sit on cases relating to sexual misconduct receive additional training on those cases. One ofthe most recent trainings we received, I believe we brought in a detective. He talked about working in the legal field with victims and survivors. He talked about the criminal aspect ofinvestigations. We talked about resources. They work with students but they work primarin in the community. Ways to frame questions to be sensitive in these type ofcases. was also part ofwebinars with my colleagues where those type ofconversations have been touched upon again and again based on our evidence standard, questioning with sensitivity, clarifying questions. How are you made aware ofa sexual harassment/assault/violence complaints? Typically if it is reported to a police officer or an RA, there is a file placed on our internal servers they bring me in for a meeting where they make me aware of the complaint and parties involved. What do you then do with that information? After I speak with my colleagues, the role I play is the main point ofcontact for the victim. Ir each out to them via email to try to facilitate conversations with them. I set up a time to meet in person, I check in with them to see how they are doing, their desire to move forward with the student conduct process by explaining it to them. With every victim, they have access to my email, personal phone, they can get a hold of me anytime;. What happens ifa victim reports the sexual harassment/assault/violence, but then decides s/he does not wish to pursue a remedy through the University? I continue to follow-up with the student for as long as they are a student. The contact is usually via email. I?m not being intrusive, just checking in to see how they are doing, academically, personally, how they are doing, answer questions, etc. (J Are there any policies or procedures in effect that pertain to what happens there is also a criminal complaint regarding the alleged incident? [don?t want to misspeak. I know that, in some ofthe trainings we received, when talking with police officers, we are aware the police process is typically slower than ours, and we aren?t supposed to take their process into consideration for ours because we aren?t looking at it as a matter oflaw. Do you know ifthere are any policies or procedures in place regarding confidentiality when a complainant requests confidentiality). ldon?t handle reporting. Do you mean ifshe wants to go to the student conduct process and remain nameless? I don?t have any experience with that role. What ifa student reports and then decides not to proceed- what is your role at this point? I continue to be resource liason and continue to check in. lfstudents aren?t performing well in a class and worried about grades, I remind them about the opportunity to withdraw. I send them notes to remind them ofmy availability. I keep that line of communication open gently. Is there a specific policy for those instances where a student reports but then decides not to proceed with the student conduct process? A policy, no. As a practice, we are very respectful of the Student's wishes, depending on certain variables. Will the University ever proceed even ifthe victim does not wish to do so? We have an obligation to ensure there is no predatory behavior so ifa student comes forward and they all allege they were a victim ofa crime by the same perp, we have an obligation there. That information would be discussed and reviewed at a level higher than I?ve operated at and haven't experienced that at Frostburg yet. Does the University conduct ?outreach? to the campus community/take proactive steps to publicize resources that are available to victims of sexual assault? Yes to all ofthe above. We have the president advisory council against gender based violence they coordinate programs and distribute brochures and ?yers. There are no less than two campus wide programs every semester that talk about sexual violence. We have a very active calendar. Every single year the policy statements, which is the student conduct processes, are emailed to students every year. We are very vigilant. We have social marketing posters. We have a campaign right now centered on consent. Proud to say our campus takes a very proactive stance. We also facilitate a program for first year students, in the first month, all ofour first year students who are enrolled in an orientation course participate in a 70 minute program on sexual violence. Does the University assess the "campus climate? regarding sexual assault? (Le. surveys, student forums, etc.) If so, who collects that data and how is it used? Yes, actually 1 facilitate the national college health assessment survey. It is a comprehensive assessment we do every 3 years asking them questions on their overall health. Their eXperiences sexually are some questions unwanted touching. sexual assault, etc. We use those statistics to inform our practice. We also have a forum as part ofour red zone campaign. We have had campus walks where students provide feedback on safety on campus. When was the last time you did that survey assessment? 2012. I will say that my brain is not caffeinated enough now. I create a longitudinal report regarding the questions relating to sexual violence and I can provide that to you. We just reviewed that at the beginning ofthe fall term and we discussed where we see increases or decreases or trends and how to use that to inform our practice. Can we get a copy of that? Title IX Coordinator Do you know the University?s Title IX Coordinator? Yes. What is your understanding ofthe Title IX Coordinator?s role with respect to Title IX complaints that are brought by students? I am aware that when a complaitn comes forward, my supervisor, the Dean, informs the T9 coordinator the nature ofthe complaint and keeps the lines ofcommunications open. Do you know what she does with the information? No. Do you have any interaction with the Title 1X Coordinator when you are involved in a Title IX case? Do your responsibilities include interacting with her for any reason? No, the most interaction I?ve had is ifwe are both included in an email message. Did you have any interaction with the Title IX Coordinator during the course ofyour involvement with the Complainant?s complaint with No. Ilbllel; (biiflcl Icomplaint Are you familiar with the Complainant, (Dime? . Yes. Are you familiar with an incident that took place on Ilbll?li (WW3) lat an off-campus apartment between the Complainant and the accused student? Yes. How did you become aware ofthe incident? When? Why? I was out of the country for a few weeks for the month ofmarch and in advance of that, my office became aware of the complaint. When I returned, I was provided in a meeting with the Dean, I was provided with information about the complaint. I assumed my responsibilities to work with her as a point of contact to walk her through the process and checking in with her. Prior to did you serve in that capacity with other students? Yes but on a more limited basis. Most prior did not pursue the student conduct process, instead it was just informing them ofresources. And prior to that it was just serving on the panel itself. What was your understanding ofwhat your role would entail? How did you know what you were supposed to do to help her since she was the first one you would assist as the Director - had your role changed, and ifso, how did you learn what thtat would be? I was informed throuh conversations with the Dean regarding my primary reSponsibilities in working with . was aware of how students facing this kind of thing feel, and be an empathetic resource. SO my primary reSponsibility was to be available and accessible to her to have access to information she needed and ensure that she was personally comofrotable with how things were going and to keep her informed of the process at all times. Were you present when the Complainant met with the Dean ofStudents on (W5): (W0) and informed him of the incident? No. During that meeting, did she request any interim measures to help her, for example changing residence halls, changing class scheudles? libli?i; {bimci lbut with every student who comes forward with a complaint ofharassment or sexual violence, all interim measures are discussed to ensure that the victim feels safe and has access to resources. Did you have any conversations with her about interim measures? At that time, interim measures were already in place. There was the no contact order, and I was a part ofconversations wehrehad come forward saying that he was testing the boundaries of that order. When did she start telling you that he was not abiding by the order? The first contact I received about her seeing him in the Lane Center where she felt that he was intimidating her visually, on When she told you about that, did you report it to anyone or provide her with any advice? She sent me the information via text, so I immediately informed the Dean ofStudents and I asked to speak with her ASAP about the nature ofthat contact for it to be mitigated. Did you or did the Dean report the violation ofthe no contact order to campus police? I don?t believe that it was reported. With any student I work with and a no contact order is in place I tell them ifthey feel threatened and they want immediate intervention we encourage them to call police. Did she talk to you about going forward with the University?s process sor not? Did she have decisions to make about that or was she firm going through with it? When i became involved, she shared with me that she would more likely than not pursue it. She was trying to determine the level of involvement she wanted and whether she wanted to be present for the hearing. Do you recall the Dean advising the Complainant not to make any (bll?l; (WW3) . No. Did you have any discussions about whether anyone else tried to discourage her from going forward? No. What did you do to assist the Complainant with anything she needed to do leading up to the hearing? providing a list ofwitnesses, procuring an advocate, etc.) Generally I provided her with information and contacts. For example, the role ofa witness, and I shared with her what that person would be expected to do and the information they would have to provide. When it came to her naming a witness, empowered her to make those decisions in talking to those peeple, but i told her i would be happy to assist her. I talked with her about her opportunities in providing a personal statement, I discussed with her how the panel operates in that he couldn?t ask her any questions or have any contact with her, but she would be listening to his voice and she could counter what he was saying. I tried to provide her with as much information without overwhelming her because the panel process can be overwhelming for any student, especially a victim of sexual violence. I know she was very concerned as an active leader, about her privacy and ensuring she was treated fairly as a student and I assured her we were doing everything we could for her. Was the Complainant aware that the accused student was being represented by an attorney? 1 don?t know. Did you discuss with her whether she wanted an attorney? Both parties can have a support person present and that person to be involved as a potted plant to simply support the individual, they are not to be actively involved. I told her whomever she felt comfortable having as a support person she could choose and he would have that option too. The offendin student had an attorney communicating with the University on his behalf-do you know if had that opportunity as well? I?m not aware. The Dean advised as that at some point in he took a step back and you became the Complainant?s primary contact. Do you agree with this statement? What is meant by that? Yes. i think there was no change in the dynamic, ibli5li (bWiCl I (blii'iCl I . Were you aware ofany difficulties the Complainant encountered as a result ofthe hearing being delayed? Not to my knowledge. I was actually just reviewing my notes and we were discussing dates and she was still determining ifshe wanted to be physically present or participate in writing. It was the end ofthe semester and we needed to be sensitive to final exams and had to schedule around meetings at the courthouse so we had discussions on more than one occasion about the best timing for the hearing. Were you aware that the Complainant was not living on campus following the incident? No. Did she talk to you at all about (DEW) To my knowledge she was living on campus. I was aware she went home for the weekend at times, but I did not think there was anything further than that. Did she ever tell you she didn?t feel comfortable in the dorm? No Did you ever explain to her what the no contact order meant? No, that was interim action taken prior to my involvement because I was away. When I returned ldiscussed it with her, and gave her my personal information in case she needed to get in touch immediately. I gave her an example of experiencing any contact by him and that I needed to be aware ofthat and document it as a violation. We know that part ofthe order allowed him to be in the Student Union and Appalachian Station during certain hours was the understanding that she would not be there at that time? It was formed around her schedule. She was our student body president with an office in the building. So when a schedule was crafted it was looking at her schedule and when she would be in that building. The schedule was crafted around her schedule. So the hours he was permitted there, those were hours she typically would not be there? Yes Did you explain that to her, or did anyone explain that to her that she shouldn?t be there when he was? Yes, to ensure her well being yes that was explained to her that she shouldn?t be there then. Were you aware that the accused student violated the no contact order on several occasions other than (bile); . Yes, she would text or email me when such an occiasion occurred. What was your response when the Complainant told you? What did you do with the information/to whom did you report it? My first reSponse was ensuring her safety did she feel safe, was she safe, did she need a police officer, did she need someone, that was always my first question. Then I would ask i: for a detailed report, including the time, where was she, where was he, so I could provide that the Dean and he could move forward. She provided me with that information and I forwarded it to the Dean. What did he do? With regard to Appalachian Station he cross referenced the student?s ID to revalidate what actually occurred and that was when we realized there were other instances he had violated the timeframes and so the student was contacted by the Dean to have a meeting, where I was present, to discuss those violations. Did you or the Dean get in touch with campus police any time the no contact order was violated? I did not, but I can?t speak to the Dean. What was the Complainant?s reaction to seeing the accused student on campus? Was she concerned? Frightened? For example, the information I received on when she told me that she saw him in the Lane Center, I ensured that she was safe and I asked if he was still around her, were they still visible to one another, and then I asked ifwe could talk. For any victim, it can be very triggering to see your assailant, so I would talk to her and ensure her well being. I know the incident in Lane Center shook her up because she assumed it was safe to be there at that time and did not anticipate seeing him. Did the University consider the violations of the no contact order additional T9 harassment? I know we reviewed it as a violation ofinterin?i university policy. I?m not aware of further discussions, that would be the Dean and T9 coordinator. The Dean had a show cause hearing did the Complainant play any role in those proceedings other than reporting the information to you? - Her only involvement is the report. Is she advised ofthe outcome? Yes How would she find out? I can go back through my notes to know for sure, I don?t want to assume, but I know she would have been informed via email or In an in person conversation with myselfor the Dean. She was made aware ofthe outcome. Please go back and find anything and provide to us. Was the Complainant advised ofthe outcome ofthe (bile); (bill disciplinary hearing? Yes, she was present. Was the Complainant advised ofthe outcome ofthe appeal? Yes. How would she have learned? I can go back through my notes. The appeal is reviewed by Tom Bowling, I don't want to misspeak. He probably provided the outcome ofthat hearing in writing, or Dean Ketterman. Was the Complainant advised that in order to receive a written copy ofthe outcome/decision, she would have to request it through the University?s general counsel? Yes. I know that she was wanting access to some ofthat information and asked that of me,l forwarded to the Dean and he said the request needed to be in writing to University Counsel. Ifso. do you know ifthis is the University's policy? I?m not aware because that was my first case in which I was involved to that degree. 10 FROSTBURG STATE UNIVERSITY OCR DOCKET NO. 03-13-2328 INTERVIEWEE: Tom Bowling, Vice President of Student Educational Services DATE: February 24, 2014 TIME: TED OCR: Beth Gellman-Beer, Team Leader Amy Niedzalkoski, Team Attorney OTHERS PRESENT: Karen Treber, Esq., Counsel for Frostburg State University The witness was advised of FOIA and the Privacy Act a nd What is your job title? VP for students and educationai services How long have you been in that position? Since 2006 What are your primary job duties? The areas that report to me are the counseiing cen ter, career services, our trio centers, the registrar?s of?ce, the ?rst year seminar course, student activities, greek iife, weiiness program, student conduct, heaith center, veteran?s affairs, residence iife, diversity center and student Orientation is done directiy out ofmy o?fice. What are your job duties as they pertain to complaints ofsexual harassment/assault/ violence that are brought under Title Which department that you supervise would be involved in that area? Primariiy student conduct especiallyr ifit is an accusation ieveied against another student and so my roie in our student conduct system is to serve as a reviewer of recommendations Jfor suspension or expulsion and in addition to beingr the recipient ofany appeals that may emanate from such cases. Eolicies and Prgcedures Have you had any training pertaining to Title The investigation ofTitle IX complaints? 1 l: l" ,3 Yes, probably the most extensive training was a NASPA conference about two years ago, an all day conference for student a?airs officers where there were two focuses of the training, one was on T9, this was not too long after the initial DCL was issued, and then the second was University?s responses to students with illnesses. For the training, once you had that information, did you in any way filter it down to relevant staffat the University, and if so, how? Yes. i brought it to sta?? involved and have encouraged several members of staff to have similar training themselves and have made funds available for such training. Which staffmembers did you encourage to take this training? Primarily three individuals Dr. Ketterman, jejf Graham who plays a significant role in the student conduct system and is now a VP, and Ilbll?l; {bl'EllCl And did any of the training directly relate to your role in reviewing recommendations for suspensions or expulsions or reviewing appeals, only with regard to T9 cases? Only in a general sense in that the training emphasized the University?s responsibilities as far as investigations and making certain there is a thorough review. What is your understanding ofthe Title IX Coordinator?s role with respect to Title IX complaints that are brought by students? She must be informed ofsuch complaints. Does she do anything with the information once she is informed does she interact with your folks going forward to handle the complaint? Ketterman and Hoffman are in communication regarding such cases. Do you have any interaction with the Title IX Coordinator when you are involved in a Title 1X case? No direct contact. Are you made aware when a complaint of sexual harassment is filed? Yes, l?nd out through my staf? Is there a procedure in place for ifa student files a complaint? lam immediately notified ofany significant cases that come to us, so it would include anything related to T9 sexual assaults or any other major student conduct cases that could potentially lead to suspension or expulsion. What ifa student makes a report ofsexual assault to campus police do they notify you? There is a daily unusual incident report that is provided to leaders at the institutions so there would be something in there but without names. in addition, the police would forward a copy of their report to Dr. Ketterman who routinely shares such information with me. What happens in a victim reports an incident to SE5 or the campus police but then decides she does not wish to pursue a remedy through the University - do you drop the matter or proceed in a limited fashion? That?s a difficult one, think our practice, as opposed to policy, is to encourage them to go forward and to also let them know because a number of times, individuals who have concerns about going forward with criminal complaints, one of our obligations we have is to make sure they are aware of the remedies available through the SES, that are not as potentially intimidating as the criminal process would be. Speaking of the criminal process, are there any policies that are in effect that would apply when a student also ?les with the local police as well as the university any MOU between the University and police or anything along those lines? Not at the current time. There was some precedent manyyears ago when one ofmy major roles, before was in my current position, there were times when a criminal case would be going forward and we on occasion would be asked to hold o?ron our on campus case and we have, in one case we agreed to that, but that was about 15 years ago and we suspended that practice for a variety of reasons. Does the University conduct ?outreach? to the campus community/take proactive steps to publicize resources that are available to victims ofsexual assault? Absolutely. Every ?rst year a full-time freshmen takes a required first year freshman seminar course. Students receive this information through an online educational program that is part of alcohol edu haven which deals with sexual assault. in addition to that online education, there is a program called welcome to the party that we use, which is a film for students representing a party scenario that was done at WV University and there are two facilitators of that film. lt?s stopped at various time and various scenarios are discussed including bystander intervention. A portrayal of predatory behavior on the part of individuals playing such roles in the film and also we do it early in the fall semester so it?s an Opportunity to tallt about the red zone. There is also programming targeting student awareness of the red zone and bystander intervention. We have a president?s advisory council against gender based violence. What is the red zone? That vulnerable time early in thefall semester in which statistics have shown that individuals are particularly vulnerable to sexual assault because of their just starting out on campus. What statistics? National statistics quoted at a number ofconferences. Does the University assess the "campus climate" regarding sexual assault? (Le. surveys, student forums, etc.) If so, who collects that data and how is it used? April discussed the survey that is distributed every 3 years. Yes the American college of health survey. ls anything else done to assess campus climate with respect to sexual assault? i think that would be the most consistent and systematic thing that is done. Certainly in the past there have been various groups to conduct focus groups, but in terms of something quanti?able and systematic, it would be the survey. How are those survey results used by the University? it is shared with the University community and gives us important information regarding any trends we should be aware of in terms of responding to the information we gather. {bli?li (blil'iCl Are you familiar with the Complainantliblwl? (bl?ml Yes, she was a student in tbii?t (bidet?) She name) This was a course that students Iibl'?h (WC) I She later served tom); (wine) I (bli?l; Are you aware ofan incident that occurred at an off campus apartment on {moi}; (mine) between the Complainant and the accused student? Yes. How did you become aware ofthat incident? When? My ?rst contact was with it was a weekend and he called me. i believe it was thefollowing Sunda but i don?t have a record ofthe exact time ofthat call. it was a Sunday afternoon maybe ?3mm where (bli?i: called me at home to make me aware of the assault. Did he report to you that she wouldn?t be in school for a while? Yes, and he also wanted me to be aware ofthis in terms ofimpact it might have on some ofher roles and responsibilities with regard tolml?i?l; Once you had that information, what did you do with it? Did you report it to anyone? Not initially because i was asked by him, lwas told there were only two individuals being contacted, myself and ibli5li I And i was asked at that point to keep that in con?dence. i realized that have an obligation to not do thatforever, but i did want to have a conversation within which i would make her aware ofthe obligations that i had. Did you have that conversation with her? it became unnecessary because i learned thatshe reported it to the police. When did you learn that? it was within about a week ofthat initial call. How did you learn that she reported it to the police? From the police. Not the University police or the local police? The University police. When you said you learned that she reported it to the police did you mean local or University police? University police. About a week later when University police reported it to you that they knew ofthe complaint, did you tell anyone? Dean Ketterman learned about it at the same time so it wasn?t too long thereafter that was contacted to discuss the nature of the University procedure versus the criminal procedure. How did you learn about the complaint to the police? Did they inform you? it was through Dean Ketterman, it would have been standard procedure. When you were on the phone Willie} did he ask for any kind ofhelp forlleElE; At that point he was more concerned that be aware of it and in terms (Willi?) I ?330(0) i remember talking with him some about classes but don?t recall any spatific requests made regarding that. Did you offer any interim measures when you were talking to (bile)? as far as academic help, class change, change in residence hall, etc? Not that recall. Did you have any conversations withherselfabout the incident? Yes, ldon?t remember when but it was after she hadfiled the report and knew that it was going through our student conduct system. As someone that knew her well, it was a general meeting where was o?ering my sapport. What triggered the student conduct investigation - was it her reporting the assault to the police or did she make a separate raport to The police filed charges through our conduct system against the accused student. Did you play any role in the investigation ofthe complaint? ldid not. We understandwas responsible for helpin was there anyone else who had a primary role? Dean Ketterman would have met with her in terms of giving her insight into what to expect as part of the student conduct system. Did you have any involvement or were you aware ofany interim measures requested and/or granted? was not involved in that. C. C. Are you familiar with the no contact order? lam. Did you have any role in involvement in the breach ofthat order? No. Did you have any contact with University police other than the report you received? No. What about involvement with police regarding the violation of the no contact order? No that would he Dean Ketterman. was aware of those can versations but had no direct contact. Are you aware ofa requirement that the parties must request a copy ofthe decision from the University?s general counsel? No. The outcome of the hearing is announced at the end. What about a written statement at the end ofthe hearing, is there a procedure parties have to follow to obtain it? l?m not aware. Are you aware ofinstances where a student accused ofviolating the University?s code of conduct has been advised to withdraw prior to the hearing? There have been instances in which that has occurred. Talk to me a little bit about that is there a policy, procedure or practice in place for when that would be employed, or is it a case by case basis? What happens is sometimes students will do that and our response is to inform them that a hold is being placed on readmission so they cannot come back until there was a disposition of this case. I know a hold was placed on the account but ifthey transfer to another institution, is the receiving institution noti?ed of the reason for the hold? Often institutions will aslc ifthe student is eligible to return to the University and we indicate no they are not. Is a withdrawal suggested or something requested by the accused? it would he a decision that the student would make. But is that option offered up by the University to students accused of violating the code of conduct? l?m not aware. We understand the hearing took place regarding the sexual misconduct and then there were subsequent administrative hearings about the breach of the no contact order that lead to his departure - were you involved in any ofthe proceedings to address the violations ofthe no contact order? lwas not. Please explain the process for entering a sanction against a student. It is our understanding that the hearing panel recommends a sanction. What happens next? Comes to me as a recommendation, in this case accepted the recommendation and then that starts the clockfor the appeal time, within 5 days to ?le a request for an appeal of that decision. Are there guidelines you follow when reviewing a recommended sanction? Yes they are stated in our code of conduct it is either signi?cant procedural irregularities that a?ected the hearing, or new evidence has emerged since the time of the hearing that could potentially alter the outcome. That?s for the appeals? Yes But when it comes to sanctioning, are there guidelines that you follow when you decide to accept or reject the recommended sanction? Basically, all of hearing panel decisions would be accepted unless it was egregioushr out of line with other cases that may be similar in terms of the panel?s decision. Are students for whom the recommended sanction is suspension or expulsion permitted to stay on campus pending the outcome ofany appeal? Normally that is the case. {bli5l r\ FROSTBURG STATE UNIVERSITY OCR DOCKET NO. 03-13-2328 INTERVIEWEE: leff Graham, Assistant Dean DATE: February 24, 2014 TIME: 2:00 pm. OCR: Beth Gellman-Beer, Team Leader Amy Niedzalkoski, Team Attorney OTHERS PRESENT: Karen Treber, Esq, Counsel for Frostburg State University The witness was advised of FOIA and the Privacy Act Ba 1' und What is your job title? Currently I am an asst VP for Student and Education Services. How long have you been in that position? Since around September 2013. What was your position prior to that? Associate Dean of Students. At the time that is relevant to this complaint you were the Associate Dean what were your primary job duties? Managing off campus student behaviors, specifically things that have to do civil violations of law, alchohol citations, etc. I also chair the alcohol task force. A number ofother committee assigments. Now in your new role, what are your primary duties? The primary change is i now direct the center for advising and career services but I also continue the other duties. It?s really just additional duties now. What are your job duties as they pertain to complaints ofsexual harassment/assault/ violence that are brought under Title IX, including appeals? Certainly if I?m a first reSponder, ifsomeone just walks into the office, I would take one role as being the first reporter. Talk to the student, discern how the University could help in 1 (i terms ofassisting, but also would be required to do the Clery notifications as well. We could get a referral any number ofways selfreferral or secondary referral from another student or faculty or even police. What do you do in each instance when you get a referral for example, a referral from the police for secual violence, what do you do then? First I would consult with Dean Ketterman, he is primarily responsible for the University conduct system and he would tell me how to proceed whether he wants me to handle the case, or him. Then I would reach out to the Student and ask them to come in to eak with us, invite them to bring a support person and I would also consult with who serves as ibii?ii 0330(0) Ito help the student feel comfortable. What ifa student self reports - is there any difference in how the process works? Not really other than 1 would make sure we notified the policy by Clery noti?cations and notified the Title Coordinator. The Dean would make the final decisions but he would trust me to make sure I was doing the appropriate notifications. What is your understanding ofthe Title IX Coordinator's role with respect to Title IX complaints that are brought by students? She needs to be noti?ed as soon as reasonably possible regarding complaints. We invite her to become part ofthe information gathering or investigation ofthe complaint and obviously based on information from the DCL up to the new VAWA they basically should be an integral part ofthe process. You said you invite her to be part of the process, how does that happen, what does she do Specifically? To be candid, don't have a conversation with her, the Dean notifies her ofthe complaint but I've never had that specific conversation with her. Have you had any experience where she has participated in fact gathering or investigation of complaint? No never. What happens ifa victim reports but then decides they don't want to pursue a remedy through the University what is the policy for that? We feel like because ofour responsibilities under T9, we continue to investigate the incident, sometimes we do seek permission from the victim to follow-through with investigations. There have been cases where we spoke with victims and they?ve never gotten to the point where they identify specific people, so we?ve pursued that investigation as far as we possibly could- One ofthings we do is use tact to build trust so even ifthey don't want to pursue officially through conduct, to allow us some kind ofintervention to alert staff ofthe incident and it?s on our radar. Do you know ifthere are any policies or procedures regarding confidentiality? The conversation we would have with the victim would be that for all intents and purposes we would try to maintain confidentiality however as we move forward, ifwe get into a 2 C) (1 formal conduct complaint and go forward with a judicial panel or administrative process, the accused person is guaranteed some kind ofdue process as well and would have the right to ask questions and present information so it really depends on whether they want the formal or informal route ifwe could maintain confidentiality. Explain in practice the difference between the formal and informal route? The formal route is that the victim wants to see the University to address it as a conduct issue. Informal would be a student who we become aware ofan alleged incident or the victim comes forward to report it but not sure they want to pursue it as a matter of conduct. The difference is whether we can maintain confidentiality. We would still talk to students about offering any kind ofaccommodations they would need. If a student wishes to not pursue the formal conduct hearing and all ofthat, and they want to do something that is more informal, maybe negotiate some type ofagreement with the accused student, would the University do that? It may be possible ifthey want to just let?s say have a no contact situation here. That occurs more in a dating violence situation rather than sexual assault but that is one ofthe first conversations we have, we explain that we can issue an official no contact directive, what that means and how it plays out with the accused. Yes, we do have those conversations in terms ofwhat would be available to a student, including typical types ofaccommodations in terms of living in a different residence hall, ifthey are in the same classes, etc. Can you tell me a little bit about your role in investigating a sexual assault/violence complaint once you have the complaint, what role do you play? it depends on which role the Dean prefers that I play in it - sometimes I would serve as the primary investigator in terms of gathering information, speaking with the victim, getting their statement, in conjunction with April Baer. Also meeting with the accused and getting their statemenbt and pulling that together into a report, incorporating information from a poiice report ifwe have one. I could serve as the primary investigator, other times, like for example in this specific case, I did not participate in the investigative process, 1 was only the referring party. What does that mean to be the referring party? That person is often someone who established the report. Usually residence life staffor perhaps a police officer, it oculd be a faculty member or sometimes myselfor April Baer, if we need someone to refer on behalfo fthe University. They refer the case, help ask relevant questions during the hearing, and serve as an agent ofthe University in referring the case. That person participates in the panel process. Did the University rely on the Police department investigation or do its own investigation here? I would say always we do our own investigation but we use the report to help inform how we proceed. It provides some pretext information so there is value in using it but that?s Only part ofthe gathering of information. Have you received training specific to T9 or investigation of T9 complaints? 3 t) (i We participated in some T9 webinars but more so I?ve been trained more in kind of Dear Colleague and sexual assault awareness. I did a few webinars in 2012 about investigating sexual misconduct. I have a number ofdifferent violence against women trainings. I also attended, just after the DCL, responding to sexual misconduct 3 day session in 2011. i try to do everything I can to stay up to date on the literature and research and best practices. Are you familiar with the Complainant, (Wall ?330(3) . No Have you ever met her? Yes, I knew her before the incident, I Spoke to her after, but not about the incident. Are you aware of an incident that occurred at an off campus apartment on {him}? (Ulla): between the Complainant and the accused student? Yes, I'm aware ofit from being the referring party. How did you become aware ofthat incident? When? Dean Ketterman asked me to refer the case, which was read the police report and participate in the panel to ask relevant questions to help the panel determine ifa violation occurred. ldidn't participate in any of the investigative process, I simply read the police report in the panel hearing. Do you know how Dean Ketterman learned of the complaint? [wasn't aware of that. Do you know approximately when he asked you to be the referring party? i would say maybe a week before the hearing, I?m just kind ofguessing. When we establish the hearing, a week to ten days before, he asked me if] would refer the case. Whom else could he have asked to be a referring party? He wouldn?t have asked because lbli5li 0330(0) he could have asked a campus police officer. He himselfdeals with more serious issues, I deal more with run ofthe mill violations like academic dishonest. Are you familiar with the no contact order? Yes, from being a referring party. Are you aware that the accused student violated that order on several occasions? Yes that came out during the hearing process. Did you have any role in involvement in the accused student?s breaches ofthe no contact order? No, I never had any contact with the accused student prior to the hearing. I didn?t know about it until I got involved in the referral. (Q) Are you aware of instances where a student accused of violating the University?s code of conduct has been advised to withdraw prior to the hearing? Not in that context no, but we?ve had students who ask us ifthey can withdraw and there is nothing that can stop a student from withdrawing but once we have a case referred to us, we see that case through. The referred case should move forward in spite ofthe student?s withdrawal even ifhe/she wasn?t on campus anymore. Even without his/her participation? Yes, by our policy it stipulates that even though we can?t stop the withdrawal we will proceed once there is a referral and we will proceed no matter what. ifa student doesn't show up we notify them in writing about what happened. Sometimes they don?t show up and they just leave. We proceed with the process and notify them in writing. ifit?s stipulated in policy, it could be noted on their academic transcript. Certainly expulsion would be noted. The student would be informed in writing ifthat was the outcome. INTERVIEW SUMMARY Case Name: Frostburg State University Interviewee: (MUG) I Recipient: Frostburg University OCR Staff: Beth Gellman-Beer Date: March 31, 2014 Time: 1:00pm called me in response to the email blast that the University sent to all students and staff regarding our upcoming Title IX investigation. She stated that she had relevant information to share. Before she discussed her issues, I provided her with notice of her interviewee rights, including a discussion of FOIA and the Privacy Act. xpressed deep concern about any of the information that she provides to me being provided to the University as {bi?ici libii?i: (bilTici I, and fears retaliation and a potential impact on (W531 I assured that we would redact all identifiable information from this interview, including substantive information that would allow an University employee to determine that she was the speaker. {bliB}: then stated that she was comfortable with proceeding. (DRUG) (WEE) Ultimately {Dime} {bilit?i Ibut things are still weird and awkward, and ?3mm has since learned that students have been rumering that {bil?ii had a sexual affair with the Professor. {bills}: stated {bx?rm} [told her that she hadltbil?iz (MENU) Items); (mete) Ibut nothing happened as a result. (i (i Frastburg State University OCR Docket 03-13-2328 Interviewee: Beth Hoffman (Title IX Coordinator] Interviewers: Beth Gellman-Beer [Team Leader) Amy Niedzalkoski (Team Attorney] Date: April 8, 2014 Location: On campus Others present: Karen Treber, Esq. [Counsel for Frostburg University) Mandatory Reporters Who at the University is a mandatory reporter for purposes of Title IX Everybody. Who is responsible for informing mandatory reporters (Le. faculty, administrators and staff other than those exempt from reporting by law] that they are mandatory reporters? There have been workshops, there are certain people that have to take training, we aiso have a required mandatory certification, a course, it?s for fiery reporting, and there are questions about mandatory reporting. What about a faculty member, how would they know they are a mandatory reporter? in our sexuai harassment training, everyone has to take it as a new empioyee, and a refresher, and there are questions about that scenario. is the training an off the shelf training or is tailored to Frostburg? it?s a software program but it is tailored to Frosthurg. When a student informs a mandatory reporter that he or she has been a victim of what is the mandatory reporter supposed to do? Who do they report to? Contact campus poiice. Anyone else other than campus police, or is campus police the funnel point? it?s supposed to funnei through campus poiice, it has to go through that route even if it comes to someone eise first. ?x A Besides that training, is there any other way that mandatory reporters would learn what is expected of them department meetings, faculty gatherings, etc. Because it has become an issue across the Country there are severaifacuity members who have done research in that area, and they are doing seminars and are trying to get it into the Syllabi. What information do they want in the Syllabus? Just to make the students aware that if you disciase something, it has to be reported. Is that for mandatory reporting for minors, or does it also include Title IX reporting? it?s both. Who is behind that effort? it started with severai faculty members in the English Dept, and now it is broader. {Attorney interjected ?it was the and English Depts have had the child abuse clause in their syiiahi for years. But now the head of the facuity senate is interested in the topic and has proposed to put it in every syilabus}. Our understanding that it only addresses child abuse reporting. No, brought it up at the faculty senate meeting and the intent was to broaden the scope of that. Is the faculty receptive to that? No. {Attorney interjected they weren?t before, but with {bile}? encouragement, they have come around) What about staff members? I know with the online training program is there a refresher training for someone hired 15 years ago? For someone who isn?t a new hire? How are they made aware about the obligation to report? in the sexual harassment training there are questions that deai with that issue. And everyone took that 3 years ago on campus. Is the training geared towards between employees or does it also inciude a student component? it has both. Information from reaorts of Silt/5V We spoke with a number of people at the University who play a role in the investigation of Title IX sexual assault/'sexual violence complaints, and all ofthem told us that you are to be notified of such complaints and advised of their status. What do you do with that information? For exampie, do you use it to compile any types of records, reports, etc.? i don?t report it anywhere, but i keep it, iiceep everything in a file so if there was ever a person in the records before that wasn?t caught, 1' wouid see it. it Do you ever, how would you notice if someone is a repeat offender? If you have incidents where a victim reports but doesn?t want to proceed, do you or anyone else keep a list of accused students? Are they on someone?s radar? They would be on student services and it would go through campus police. We all have records of each student involved in any issue. I know you have the records, how would you pick up on someone who is a repeat offender, let?s say three courses over three years against the same person. How is that detected that there is a pattern of behavior? Their name would show up again. Has that happened? Not to my knowledge. Cases of sexual harassment, assault, or violence that involve staff, administrator, or faculty What is your role with respect to complaints of sexual harassmentlassauIt/vioIence that are brought by employees or faculty, or by a student against an employee or faculty member? You take the lead in those cases? Yes. With these cases that have an employee involved, is there an informal and formal process? Yes. How does that work does the victim have the option of electing one or the other for sexual assault, or do you decide? The informal process, they can elect that where i try to resolve the issue. The formal is bringing in a panel. They can select either one. They can bypass informal to go to the formal. Does informal include mediation? it is me working with both parties to come to a resolution. With the formal process, who makes up the panel? The panel is two elected of?cials through the faculty, three are appointed by the president and then standing members that represent certain departments on campus. Who conducts the investigation? it depends on the situation, but normally l?m the lead and i keep counsel informed. if the party says they want informal i try to resolve it but if not it goes to the panel. Has there been a report of sexual violence or sexual assault involving faculty in the past 3 years? No. Has there been a report of sexual harassment involving faculty in the past 3 years? No. Similar to question above, if the victim does not wish to go forward through your office and/or police, does anyone at the University keep track of alleged perpetrators? What is done with that information? Does anyone ever look to see ifthere is a "repeat offender" or a pattern of behavior by a particular faculty?) Similar to the process listed above. (Attorney, if you have a repeat staff member, they probably aren?t still employed here). How does the University addressfinvestigate incidents that allege discrimination on more than one bases. For example, if a student alleges that a professor sexually harassed her and accused her of plagerisrn because she would not submit to his advances. Would that be addressed through the hearing to deal with the academic dishonesty accusation? Where would the sexual harassment be addressed? Through the same hearing? In a separate hearing? There aren?t two parallel the student has decide if they want to go through the grade grievance procedure or go through the sexual harassment process that is investigated. Vau look at it the some way the plagiarism charge would be looked at as re taliatian as part of that. Even if it is handled through one hearing, would she still be given T9 policies and procedures as part of that process? lr'es, what mean though is she has to decide to do the grade grievance, she could bring the sexual harassment issue into that. Grade grievance is resolved by meeting with different people in the academic realm versus my area where resolve it first with the professor and then it goes to the panel hearing. 1 was thinking more of the student being accused of breaking a rule. The grade grievance I see as disagreeing with a grade would that go through it?s a student and that would be a violation of student conduct. She could go through the grade grievance procedure, going through SE5 or going through my office. Let?s say she goes through the grade grievance procedure. That means there wouldn't be a formal investigation of the sexual harassment complaint? That would come out in the investigation process and dealt with, first they meet with the faculty member, i can?t think of a case where that has been an issue, and then they would meet with the chair. They wouldn?t ignore the sexual harassment. How would that be reported for Clery purposes? Plagiarism isn?t a grade issue, it?s a discipline issue, but a lot of faculty don?t like to do that, they like to handle it themselves. rm. (Attorney if it went to 555 and sexuai harassment came up they wouid deal with that and ioak at it as a retaliation issue). That SES process applies to undergraduate and graduate students? Yes. Same Sax Does the University apply its Title IX policies and procedures to between members of the same sex? Yes. Does the University provide any information/publicity that informs members of community that they are entitled to protection under Title Yes, we have numerous webpages, we have brochures that are distributed through the training they get as freshmen or as transfer students, there are many ways. Are the materials tailored to LG BTQ members and address same sex harassment? There is a perception among some students on campus that it does not apply to same sex harassment. i can?t really answer that, i can?t think of what the literature, there is so much out there, i would be surprised that they would feei that way. Incidents against non-students and incidents against students by non-University members Does the University apply its Title IX policies and procedures to non-students? For example, if member of a visiting women's basketball team were assaulted by a Frostburg student after a game? it would be dealt with the same way, i can?t think of a time that has ever happened but it wauid still foiiow the same poiicies and procedures and is addressed in them. Does the University apply it Title IX policies and procedures to a student who is assaulted by a non? University member, such as a vendor on campus? Yes. Does the university take any steps to inform victims of SAXSV that the University?s Titie IX policies and procedures appiy to incidents that take place off-campus? Yes. What kind of steps do you take to inform students, through training, publicity? It?s addressed in the policies and procedures and materials circulated to students. Attorney are you talking about anything that happens in the community that is basicaiiy where it happens we get that information from the iocai police and the students say that it doubiejeapardy. i Does the university keep a record of allegations of incidents of BMW that take place at the off-campus fraternities or sororities? Yes. Can you think of any that have been reported in the past 3 years? 1l?es. We are curious about how the University handles these situations? it is really difficult because many times the student will come in and say i was assaulted, and they won?t tell us where it happened. We do a lot of work with the police, we have an MOU that allows our police to patrol outside our jurisdiction and they do knocks and talks all the time, break up parties all the time. There used to be a problem with gigantic parties but that fell off a lot because of the extra patrols. We help the city police by providing additional patrolling on the weekends. i get the daily police report, so i can see the report. ls someone tracking those daily police reports to see trends? Yes What kind training or awareness of plan have you developed to address those trends? i like, Karen, lhave access to them, if i saw a trend that was problematic i would bring to the Chief and to Karen?s attention. {Attorney it really is the police duty and Jesse Ketterman keeps track of it as well. We have a meeting once a month with the police, DA, etc, to discuss trends. Used to have a problem with these large parties where we knew there was a problem with sexual assaults How did the University learn of the assaults that took place at those parties? We had students who told us. l?m talking about wet tshirt contests, girls running around naked, etc. Is there any publicity or actions to spread the word about these off campus parties is there any kind of outreach to spread the word that if this happens, you can come to us? Or is that encapsulated in the general training? in the general training in the welcome to the party training, where there is stuff about if you are there and see this, you should intervene. (Attorney we have safe ride so students don?t have to walk around after they are drinking, so that person, the person who drives the bus is trained to recognize issues and call 911. But the answer to your question is an SES questian greek life is under them). What about training for transfer students? They also have training. Do on-campus fraternities and sororities receive any Title IX training that is not made available to the general student body? Who decides to provide then-l with that training? ?w?r That?s a better question for 555 because they do the training for the athletic teams which is more spech?ic to the fact that they are athletes. Do you direct which campus groups should receive training? Do you have any role in deciding which group should be trained? What is your role in all that as a T9 coordinator? l?m part of the general discussion. Jesse okeep me informed. And l?m involved in the president?s council and every agenda talks about the programming so i can stay in the loop so can make sure that every group that needs training is getting it. I Do you have to approve/'veto training? Is there a process that requires your stamp of approval as coordinator or do they operate individually? . There is so much going on, it?s more afjust keeping track of it. There are different sororities and fraternities that do training but someone is following that. That?s usually a member of the counseling center. Is there a centralized person at the University who has to review and approve training materials to make sure they are accurate? The counseling center, there is one individual that works with those groups to make sure what they are saying is accurate and she works closely with those groups. They keep it on a very specific calendar that i receive. Does that person, the counseling center person, receive individualized training on That is her area of expertise, so she goes to a lot of conferences and things like that. Do you play any role in reviewing or analyzing data from the university?s Beacon system? do. Does the university track whether Beacon shows any trends, such as a rise in student problems during times around when there is a large university event? i would sayfor the most part Beacon is more academic, ican?t really remember seeing anything that caught my and made me think something else is going on. Is it something more that, you would go in and look student by student? Right. Are there reports you can pull about generally how students are doing? That?s now what i do, {fl have an issue with a particular student, i use it for that purpose. i don?t check it for trends. You have to type in a name. Do you otherwise note trends such as a general increase in reports of when there is a particular university event? would say the beginning of the semester and when it gets warm outside. Frostburg State University OCR Docket 03-13-2328 lnterviewee: Jesse Ketterma (Dean of Students} Interviewers: Beth Gellman-Beer [Team Leader) Amy Niedzalkoski {Team Attorney) Date: April 8, 2014 Location: On campus Others present: Karen Treber, Esq. {Counsel for Frostburg University} Police Reparts It is Our understanding that ifa student reports a sexual assault to the local police, the local police communicate the report to the campus police. It is also our understanding that once such a report is received by the campus police, as well as any report of sexual assault made directly to the campus police, is then communicated to SES. Is this correct? Right. Now, then again, that?s 99% of the time, and the reason isay that is the office responsibie for Ciery reporting is University poiice, so he is stiff the cieoring house for gathering the stats around sexuoi ossouit. In general, how is SES notified of sexual assault reports that are made to the police (Le. by email, a phone call, etc.) it can he the above. if the student has indicated they want to pursue it through the discipiine system they send us a copy of the report but ifit?s being investigated on their end they give us a caii to iet us know. What happens if a student doesn?t want to pursue it through the disciplinary system if they go to campus police and makes a report but then says I don?t want to go through the disciplinary process. Is your office involved at any point? We may not he made aware in that case, because that office is responsibie for tracking for Ciery purposes, but we have open iines of communication. and i receive our information from the two iieutenants and the chief ofpoiice. i Do you know ofany mechanisms in place to provide services to a victim who reports to campus police even if she opts not to proceed with a panel hearing? They have copies of that brochure that they give to victims of sexuai assauit. in general, how much time passes between when such a report is made to the police and when SES is notified? it is typicoiiy immediateiy, again we work very cioseiy, they know how to get a hoid of me. Reports from Other Mandatory Reporters Who do mandatory reporters (RAs, professors, etc.) notify of reports of sexual assault/sexual violence? The campus police? Both? What does an HA- do with that info? They report it up to their supervisor and that wouid be communicated to me. When it works its way up to me, i make sure University poiice is notified. Sometimes that happens immediateiy with the RA and sometimes the student just teiis the RA and the RA teiis their supervisor. i make sure the ioop is dosed with campus poiice. We do this at a lot of schools and every school has a different procedure so I?m trying to understand the procedures at this University- is it fair to say if you learn ofan incident from an RAiprofessor, your office keeps campus police in the loop? Yes, when i contact the iieuten ant, he?ii go back to the RA to gather more information, to gather the information he needs for his statistics for Ciery purposes. Is there a policy or practice regarding the time from which a report is made to a mandatory reporter and when the mandatory reporter must notify SE5 andfor the campus police? As i?m informed of cases, i make sure that Beth Hoffman is aware and campus poiice, but i can?t speak to what University poiice does. Confidentialitnyecision to not Pursue How do you determine whether to continue with an investigation ifthe victim ,does not want to move forward? (Does he consider whether the accused student poses a threat? is a repeat offender?) if the victim doesn?t want to move forward, it does pose barriers to us in terms of howfor we can pursue but it depends on other information we have and whether there is a threat to the campus and so we have to move forward. We aiso consider if there are other peopie who witnessed this even though the victim doesn?t want to move forward. One thing we try to do is protect the woman, as most cases invoive femoies, we wont to protect them and empower them, so we try to do that to the best of our What kind of conversation do you have with her? C) We explain our process and we assess whether there is a threat on campus, and so we would be explaining that to her, and we would get to the paint to tell her that if you choose not to pursue this further, we may be limited in the actions we can take. it would not change the services we could provide to her, counseling, the option to talk to the crisis resource center, adjusting her class schedule, her living arrangements, so even if she doesn?t want to pursue action there are still options for her to feel safer on campus. Do you know ifanyone on campus keeps a list of students against whom accusations have been made if you?ve heard three or four complaints against the same bay, even if the victims don?t go forward, is there a tracking system? You should talk about that. We are sensitive to that but we aren?t the office that tracks that. if we hear a name twice, i would calland discuss our options. Let?s say we have someone, and we haven?t had this, but i can tell you how we would respond, if we have two people saying the same person has raped them, we?ll do an interim suspension against that student and it will go down the hearing route. And then l?ll do a show cause hearing. That starts the hearing process. When does the interim suspension kick in? it depends on the situation - it could be immediately, and this doesn?tiust apply to sexual assault let?s say it was a night before, l?ll call them and say we are having a meeting the next morning. if the situation warrants it can send the email saying you have an interim suspension immediately and then the show cause hearing. Do you remember why in situation, the accused wasn?t suspended on an interim basis? He did not pose an initial threat to the campus community, {blUlCl I Ilbll?l: (bililcl ?Wall Iand i felt i didn?t have enough information to pose an interim suspension on him, so the action i took was for both parties not to have contact. What role does alcohol play in 555's decision to pursue a case or not pursue a case? thinlc it?s considered in the sense of there are varying degrees of someone?s alcohol intoxication so you have to determine how much afactor alcohol played in the incident, and to what extent she could give consent. Was the male forcing alcohol on the female? (DRUG) I I Ilbll?}; {biliicl (bl{5l; {bill I Similar question, but what role does alcohol play in the sanctions is that a factor that the hearing panel decides when recommending sanctions? The panel is trained that they have to determine whether someone has the ability to give consent so if they were extremely intoxicated you have tofigure out how you would lrnaw that so you have to gather information about their behavior and witnesses who observed the behavior - and the panel takes this information and takes it into consideration in determining consent. (i (i Flefuse to Prosecute Forms The University provided OCR with information regarding reports of sexual assault over the past three years, In a number of those cases, the information provided stated that the victim signed a refusal to prosecute form either with the University or local police and the matter was closed. If a victim signs a refusal to prosecute form, does that also apply to an investigation by That does not have any bearing on what we would do, but let?s say they go to University police and files the report and they sign this refuse to prosecute and as i read the narrative lsee that, or April, what has happened over time, i was the chief conduct officer and there were questions about, it would be nice to have a female and so April started to get trained to serve in this capacity. i've trained her to be an advocate but she can?t be viewed as an advocate because she is my co-administrotor, but that training allows her to work closely with victims and provide ongoing contact even where they don ?t pursue the process. lfthey refuse to sign a form, is SES still notified? Yes, ifl reviewed the file and saw that, either April or i, would reach out to them to talk about it sometimes they don?t even respond. ijust have to assume at that point that they want to move forward but they are invited to come in and speak with me. And they would know about services/interim measures available to them? Yes and that is part of the University police role and training. Formal vs. Informal Investigations Does SES engage in informal process? That is limited to the employment process. He gave us a copy of a form that he provides to victims, and so when there is an incident reported, these are the three things we discuss. Discuss interim actions then we discuss conduct proceedings. Most of our cases go to a panel hearing but some are resolved through an administrative hearing. For example she says she doesn?t really want to participate in the process, but wants something to happen, let?s say she wants him removed from the residence hall and then i meet with him, and he says yes, i did this type of behavior and we say we?re going to remove you Jfrom the Hall and as long as he has no concerns with that, we have no panel hearing. We find him responsible and take the actions under the administrative hearing. On occasion we resolve administratively but usually through the panel because the panel is the investigative process. Is there ever an instance where there is a sexual assault that is resolved in a mediation type process, between the students? No. Can students appeal the administrative process? Ves but wouldn?t resolve that way if we think there would be an appeal because the appeal kicks it back to the panel process. Withdraw before Hearing Some ofthe comparative data suggests that if a student withdraws, a hold is pieced on his account and a hearing will be held if the student decides to return. Another University witness, however, told us that a hearing will be held even ifa student withdraws and is not present for the hearing. What is your understanding of what happens if an accused student withdraws prior to a hearing? it can be both. Basicaiiy as we start the hearing process, i meet with peopie to discuss procedures, if someone says they are withdrawing, and i haven?t gotten to the point where isent the charge report with the hearing date, if the student ieaves, then we put a hoid on the account and they cannot reappiy untii the issue is resaived and they wouid be toid they aren?t aiiawed on campus untii the matter is resoived. But once the hearing process is set up and iet?s say the day before the hearing he withdraws, we?re going to have the hearing. Why the distinction? Na particuiar reason, just in terms of, i think there comes a point where the time and energy put into the case warrants going ahead and proceeding. in these types of cases, if a student withdraws, then it aiso resoives it in a timeiier manner and i teii the victim the person withdrew and is off campus. it aiso in some ways prevents the revictimization process of going through the panei and the emotionai piece of that. i know that a hold is placed on the account, is there any notation on their transcript about the pending disciplinary matter? The oniy situation we can put on a transcript are suspensions or expuisions for academic dishonesty that is system?wide. if he withdraws there is a ietter in his ?ie and that wouid he in their conduct fiie. What most institutions do, the system institutions, when you appiy to another institution you have to check whether you are in good standing and whether there was a pending conduct issue and if they check it, we question the other schooi So it?s an hOnor sysIEm? Yes, uniess they iie, and we find out and kick them out. ican think of two situations where students were invoived in matters at another institution and we denied admittance because it was pending. Frostburg State University OCR Docket 03-13-2328 Interviewee: Beth Hoffman (Title IX Coordinator) Interviewers: Beth Gellmaanee'r {Team Leader) Amy Niedzalkoski (Team Attorney} Date: January 20, 2015 Location: Telephone Others present: Emily Caputo [Title IX Coordinator) As you know, we received another complaint from (bil?l; 0330(8) We have some questions regarding your processing of that incident: 1. Tell us how you received the complaint. I got a call from her faculty advisor whom she had told what happened, and he called me up and both of them came to my office. 2. What day was that? {biliicl 3. Who was the faculty member? Follow up with an email and let us know. 4. What happened during the meeting? (bll?li 5. What did you tell her? We discussed her options. I told her the best course ofaction was to have me contact our Chief of Police and that she could discuss the situation with her. She made it very clear she wanted to take it forward. When she saw him talking to a couple of young students she was scared it would happen again. She was very upset and gave me all her contact information. She left with her advisor and I immediately went to and we contacted Chief Smith. 6. Who is your supervisor? {blU'lCl 7. When you say you discussed her Options, what exactly was discussed? She said first that she wanted to inform i i recommended that we move forward and call the Chief of Police. We talked about other resources, other people on campus that could work with her in an advocacy role, support person, that I would work with her, but she indicated libll?ii 1 We talked about any kind of option in terms of support services. 3. Was counseling offered to her? Yes. We have the counseling center on campus and we have a crisis center but that?s when she said she wouldn?t be in the area, and she said at the time of the incident she had received counseling and she said she was comfortable at this point, dealt with it and moved on. 9. Was there an offer to reimburse her for that counseling? It was free counseling through the University counseling center. 10. Explain to us how you processed the complaint in accordance with your sexual harassment policy. Once I called the Chief of Police, she came over and we discussed it. She had already called the MD State Police and they were en route. They met with the victim the state police and Chief of Poiice so I turned all my information over to them. i was out ofthe loop at that point while the police did an investigation. 11. Did you ever circle back and conduct a Title IX investigation independent of the police investigation? No. 12. Why not? f-v. One, I had no more information. WW3) I I followed up with other people who had contact with her, and asked her to contact me with any additional information. Other support people met with her to follow up with her, but I have not met with her since. 13. Did you read the investigative report provided by the police? No I have not seen this. 14. Whom was it sent to at the University? The Police Department. 15. And they didn?t send a copy to you? After the investigation was complete they sent a packet of information that was addressed to the VP of Human Resources. it was sealed, stapled and said do not open and had a note that said it should only be opened if the officer was to be rehired by frostburg. 16. I assume then it was opened at some point notwithstanding the instructions, because we got a copy? I didn?t see it. I asked Chief Smith to send to you anything that was available. was told to open it. scan it, send it to Karen and she would send it to you. What is the current status of the police investigation? Closed. 18. What was the outcome? I think Chief Smith would be the best person to ask. mime) 19. There was something in the report that said another complaint was filed anonymously about another University police member who may have also engaged in inappropriate behavior do you know anything about that? I don't. 20. Was a notice sent to the college community alerting them to the allegations? lhave no idea. 21. Did you make any attempt to determine if there were other potential victims? was not aware of that potential issue until much later, after there had been an article in the paper. I had conversations with Chief Smith about it, and I had no reason to believe that there were. Frostburg State University OCR Docket 03?13-2328 interviewee: Smith, Chief of Campus Police Interviewer: Amy Niedzalkoski {Team Attorney) Date: January 21, 2015 Location: Telephone Others present: Emily Ca puto (Title ix Coordinator) it The witness was provided with notice of FOIA and the Privacy Act. As you know, we received another complaint against the University. We have some questions regarding the University?s processing of that incident. Are you with a former student by the name of (W5): YES. Are you aware that she made an aiiegation of sexuai assaait to the University. Yes. How did you become aware of her compiaint? On I got a call from the VP of Human Resources, Beth Hoffman. The VP stated that she had a student in her office who was reporting a sexual assault and that the alleged perpetrator was a University police officer. I took the information from the'VP and immediately called our CC3I unit. What is the C3i unit? The C31 unit in Allegheny Co. is a group of detectives. The detectives are members of every police department in the county, including the University's police department. They work together collectively to investigate every serious crime in the county. While FSU has a detective assigned to that unit, the FSU detective wouldn?t necessarily respond to a crime on our campus. The manager and one ofthe detectives immediately took my call. After I got off the phone with them, I went to meet with the VP. What did you discuss with the I'm trying to recall. I think the complainant had already left the HR office. I was briefed on the alleged facts of the incident. Was this conversation also on YES. What happened next? The investigators from were on campus within an hour or so of my call. I got phone number from the VP because C31 wanted to talk to Within an hour the investigators were talking to and getting her report to begin the criminal investigation. I told the investigator to make sure called me so i could provide her with the additional resourcesfsupports available from the college. Did she call you? Yes. When? The same day. What did you discuss? I talked to her about the supports that are available from the University, such as the counseling center, the Family Crisis Resource Center, and the student affairs process. Throughout the summer I stayed in contact with her. What did you discuss with her over the summer? i asked her how are you? Anything you need? I stayed in touch even though she had graduated. Did you keep a contact log or anything like that to document your con tact with her? I?ll see what I can find and get it for you. Do you know if she availed herself of the available resources ldon?t know for 100% sure. I know she had utilized the University counselors after the incident. Over the summer she was employed at a museum in Washington so she was not in the area. Did the student ever meet to discuss the student a?oirs process Idon?t know. Iwould have mentioned student affairs to her in the course of explaining the services that were available to her. Keep in mind she was graduating and it was a police officer that was the accused. investigations of police conduct are conducted pursuant to the Law Enforcement Officers Bill of Rights (LEOBR). TITLE ix COORDINATOR: We?re talking about the student affairs process, but this was an employee so student affairs would not have happened. Was there any sort HR investigation given that the police officer was a University employee? My thinking is that the LEOBR investigation would be equivalent to the HR investigation. Who conducted the LEOBR investigation? I requested that MD state police internal affairs conduct that investigation. initially they agreed. Once the criminal case was resolved, however, the state police decided that further investigation was not needed and that an administrative summary of facts would suffice. is the administrative summary of facts the November 4, 2014 Confidentiai Memorandum? Yes. What did the University do with the confidentiai memo once it received it? i reviewed it and it was placed in the officer?s personnel file. Did Amber receive a copy of the Confiden tiai Memorandum? She would not have received a copy of the memo. Was she otherwise advised of the outcome of the investigation in to the of?cer?s conduct? She was advised on the plea bargain. I had conversations with her before the agreement was accepted and told her what it looked like. My understanding is that someone from office talked to her about the plea bargain too. There was something in the report that said another compioint was fiied anonymously about another University poiice of?cer (Ojjficer who may have aiso engaged in inappropriate behavior do you know anything about that? Yes. I received an anonymous letter about officer #2 and a witness who was interviewed during the investigation into officer #1 provided information that coincided with the allegation in the anonymous letter. Did the university iooir into it the aiiegation against officer Yes. The C3l criminal investigation explored it, but the allegations were not able to be substantiated. As a follow up, I commissioned an LEOR investigation into the allegation against officer #2 because I didn?t want my officers to investigate one of their own. . The state police, however, declined to conduct the investigation. The Cumberland city police then agreed and conducted the investigation. Their investigation, however, did not substantiate the anonymous letter or the witness statement. In fact, some of the allegations were disproved. For example, there were witnesses whose names came to light in the letter and when they were interviewed by the police, they denied having any knowledge ofthe alleged actions of officer Approximateiy how many more aiiegations were made There were two anonymous letters: one to me, one to the CBI unit, and one witness from the criminal investigation. ?With respect to the witness who came to light during the investigation of officer her information was third and fourth hand and rumors. (i {l Were all of the allegations against officer #2 similar? Yes. Was HR involved in any way in the investigation of the oiiegotions against officer #2 No. Was officer #2 cleared? Yes. Chief Smith explained that officer #1 was suspended with pay and removed when he was accused, and when charges were filed, he was then suspended without pay. When allegations were made against officer he was put on restricted duties but was not suspended heca use the allegations were so vague. Was the alieged victim located re: officer No. Didn?t learn her identity. Did the university seek other victims. Not that I am aware. Did the University send out a warning or otherwise invite others to comefonaoro? with information or to make a report? Not that i know of. The Coordinator told OCR she inviteso talk about the complaint. The Title ix Coordinator also said that she has only been on the job two weeks, but that she is looking at the policies to make changes. in addition, she said that the policies should have done a betterjob at explaining that a case invoiving an allegation against a member of the University police may differ from one against a different type ofemplovee because of the role of the LEOBR. urg State University 03 -I 3 -23 2 8 Resident Assisian! ecus Group eeiing OCR: Amy Niedzalkoski and Beth GeilmamBeer Date: April 2014 Time: 10:00 am. 3: Participants were advised of FOIA and the Privacy Act (W703) (WW3) l4} Frosthurg University 03-13-2328 Staff Focus Group OCR: Amy Niedzalkoski and Beth GellmanhBeer Date: April 2014 Time: 11:00 a.m. of attendees: 6 Participants were advised of FOIA and the Privacy Act Frostburg State University OCR Docket 03-13-2328 individual Meetings interviewee: {mm} Interviewers: Amy Niedzalkoski [Team Attorney] Date: April 8, 2014 Location: On campus 3 Notification of FOIA and the Privacy Act were provided. Frostburg University 03-13-2328 Women?s Groups Focus Group OCR: Amy Niadzalkoski and Beth Gellman-Beer Date: April 8. 2014 Time: 11:00 am. ot?attendees: 2 staff, 2 student 3 Participants were advised of FOIA and the Privacy Act {bt?tct Ix.) L.) Era. Frostburg University 03-13-2328 Walk-In Professor OCR: Amy Niedzalkoski Date: April 3, 2014 Time: 2:30 pm. Notice oflhe FOIA and Privacy Act was given Frostburg University 03-13-2328 Walk-In Student OCR: Amy Niedzalkoski Dale: Apri18,2014 Time: 3:00 p.111. Notice of the FOIA and Privacy Act was given (NUDE) Comments from the senior: (WW0) .1 Fromm}; Focus Group quesiions Frostburg State University Act noti?cations provided (WW3) 'fur?H-L\ {kiwi}; Fraternity Focus Group questions Frostburg State University FOIAz?Prix-tacy Act noti?cations provided ?3091(3) Office of Student and Educational Services Frostburg State University Frostburg State University National College Health Assessment Spring 2009 Spring 2011 I Spring 2013 Data for the President's Advisory Council on Gender Based Violence The National College Health Assessment II is a survey instrument created and endorsed by the American College Health Association that provides a general overview of the status of student health for our University along with all institutions participating that same semester. Data gained from the instrument range from mental wellness, academic impacts, physical health, and topics including tobacco use, alcohol use, and sexual contact. All full-time undergraduate students were notified multiple times via FSU email to participate in this incentivized survey. 2009: 745, 21% of enrolled undergraduate student population 2011: 676, 15.3% of enrolled undergraduate student population 2013 500, 11.6% of enrolled undergraduate student population Below are specific questions pulled from this assessment that relate to the topic of sexual assault and relationships. CHILL has provided the descriptive statistics on our FSU participant data. We have also compared our overall percentages with the national average. The national averages are compiled by the American College Health Association of the numerous college and university campuses that employ this instrument. We are still awaiting the national average data for the 2013 cohort. For more information on NCHA results or the National Data, please contact April Beer at 301.687.3035 or at apbaer@frostburg.edu. We request that this data not be used for publishing purposes without the consent of the Office of Student and Educational Services. *Please note: FSU To ta.l student data as reported for each year includes students with an unknown gender; gender reporting breakdown .is documented each assessment cycte. SE5 -- Cannot be reproduced or published without authorization April Beer a beer frostbur .edu Office of Student and Educational Services Frostburg State University Relationship Difficulties 232. Have you received information on the following topics from your college or university? 1N0 '09 Male '11 Male '13 Male Female ?09 Female 'Yes 60% 53% 20% 59% 59% Flt-male 58% Total" 55.7% Total ?13 FSU Total? ?09 Nat?l Avg I11 Nat?l Avg ?13 Nat?l Avg 40% 33% 30% 31% 41% 32% 50.4% 58.2% 72.5% 59.2% TBA 33.3% 39.5% 31.3% 22.4% 30.3% TBA 233. Have you received information on the following topics from your college or university? Sexual Assault/Relationship Violence Prevention '09 Male ?11 Male ?13 Male Female ?Yes 29% 28% 30% 31% Female 23% Female 22% Total Total '13 FSU Total? '09 Nat?l Avg '11 Nat'l Aug '13 Nat?i 71% 73% 70% 59% 77% 79% 30.5% 59.4% 24.5% 24.1% 22.5% 4 1.5% Avg TBA 25.4% 75.9% 22.4% 58.5% TBA 332. Are you interested in receiving information on the following topics from your co lege or university? elationship Difficulties ?09 Male ?11 Male ?13 Male ?Yes 20% 30% 53% 75% Female 55% Female 55% Female 51% Total? 60.8% '11 FSU Total? 57.5% ?13 FSU Total" ?09 Avg Nat?l '11 Nat?l Avg '13 Nat?l Avg 32% 24% 44% 45% 40% 35.1% 55% 52 51.4% TBA 42.5% 35% 37. 5% 38.5% TBA 383. Are you interested in receiving information on the following topics from your college or university? 1ND Sexual assaultfRelationship Violence Prevention ?09 Male '11 Male '13 Male '09 Female 'Yes 79% 58% 75% 55% 55% Female Female 57% Total 64.9% Total? ?13 FSU Total" ?09 Nat?l Aug ?11 Nat?l Avg '13 Nat? I 21% 33% 25% 44% 45% 43% 35.1% 59. 40.8% 2% 52.1% 52.4% 51.4% Avg TBA 37.9% 32.5% 38.5% TBA 555 - Cannot be reprodUCEd or published without authorization April Baer apbaer@irostburg.edu 50. Within the last 12 months: Office of Student and Educational Services Frostburg State University Were you sexually touched without your consent? ?09 Male '11 Male '13 Male ?09 Female ?11 Female ?13 Female '09 FSU Total? ?11 FSU Total? ?13 FSU Total" ?09 Nat?l Avg ?11 Nat?l Avg ?13 Nat?l Avg 1ND 97% 94% 94% 90% 93% 92% 92.3% 93.0% 93.0% 93.5% 94.7.7% 7.0% 7.0% 6.5% 5.9% TBA 5E. Within the last 12 months: Was sexual penetration attempted (vaginal, anal, or oral} without your consent? ?11 FSU ?11 Nat?l Total ?09 '11 ?13 ?09 Nat'l Female Female Female ?09 FSU Total '13 FSU '09 Male '11 Male ?13 Male Total" Avg Avg '13 Nat?i Avg 1N0 100% 99% 100% 96% 97% 97% 97% 97.6% 97.8% 97.6% 97.2.2% 2.4% 2.4% TBA 5F. Within the last 12 months: Were you sexually penetrated (vaginal, anal, or oral] without your consent? '09 FSU Total '11 FSU Total" ?13 FSU ?09 Nat?l ?11 Nat?l Total'male Female Female Female '09 Male '11 Male ?13 Nat?l Avg 1 No 100% 99% 100% 98% 99% 98% 98.3% 93.7% 98.4% 98.6% 98.1.7% 1.3% 1.6% 1.4% 1.5% TBA 56. Within the last 12 months: Were you a victim of stalking waiting for you outside your classroom, residence hall, or office: repeated emails/phone calls)? ?11 FSU Total? ?09 '11 ?13 Female Female Female '09 FSU Total? ?13 FSU ?09 Nat?l ?11 Nat?l '09 Male Totat? Avg Avg ?11 Maie '13 Male ?13 Nat'l Avg 1 No 92% 93% 96% 90% 91% 91% 90.8% 91.4% 92.2% 93.5% 94.9.2% 8.6% 7.8% 6.5% 5.9% TBA (0 SEE Cannot be reproduced or published without authorization April Baer a baer frostbur .edu Office of Student and Educational Services Frostburg State University 6A. Within the last 12 months, have you been in an intimate {coupledfpartnered} relationship that was: Emotionally abusive? called derogatory names, yelled at, ridiculed) ?09 Nat? Avg ?11 FSU Total? ?13 FSU Total? ?09 FSU Total? ?09 ?11 ?13 ?13 Male Female Female Female '09 Male ?11 Male ?11 Nat'l Avg ?13 Nat?l Avg 1 No 89% 91% 95% 82% 89% 88% 87.3% 89.5% 90.2% 90.0% 90.13% 11% 12% 121% 10.5% 9.8% 10.0% 9.8% TBA BB. Within the last 12 months, have you been in an intimate (coupledfpartnered) relationship that was: Physically abusive? kicked, slapped, punched} ?09 Nat?l Avg ?11 FSU Total? '13 FSU Total" ?09 FSU Total? ?13 Female '09 ?11 13 Male Female Female ?09 Male ?11 Male ?11 Nat?l Avg ?13 Nat'l Avg 1 No 98% 95% 99% 97% 97% 98% 96.6% 96.1% 98.0% 97.6% 97.3.4% 3.9% 2.0% 2.4% 2.2% TBA 6C. Within the last 12 months, have you been in an intimate {coupled/partnered} relationship that was: Sexually abusive? leg, forced to have sex when you didn't want it, forced to perform an unwanted sexual act on you) ?09 Nat? I Avg '11 FSU Total'? ?09 FSU Total? ?13 FSU Total" ?09 '11 ?13 13 male Female Female Female '09 Male '11 Male '11 Nat?l Avg . '13 Nat?l Avg 1 No 98% 99% 99% 98% 99% 99% 98% 98.2% 98.8% 98.4% 98.1.8% 1.2% 1.6% 1.6% TBA SE5 Cannot be reproduced or published without authorization ?April Baer a beer Office of Student and Educational Services Frostburg State University 7A. 00 you feel safe on this campus (daytime)? ?09 ?11 '13 '09 FSU '11 FSU ?13 FSU ?09 Nat?l ?11 Nat?l ?13 Nat?l 09 male 11 male 13 male Female Female Female Total* Total? Total? Avg Aug Aug 1 Not safe 0.1% 0.3% 0.4% 0.3% 0.3% TBA 2 Somewhat unsafe 0.9% 0.6% 0.9% 0.7% TBA 3 Somewhat safe 9% 11% 12% 13% 12% 16% 12.1% 11.6% 14.6% 13.8% 11.6% TBA 4 Very safe 90% 87% 88% 87% 88% 83% 87.7% 87.5% 84.4% 85.0% 87.6% TBA 73. Do you safe on this campus {nighttime}? ?09 '11 '13 ?09 FSU ?11 FSU '13 FSU ?09 Nat'l ?11 Nat?l '13 NatM32 Female Female Female Total"t Total? Total* Avg AVE Avg 1 Not safe 1.8% 2.7% 1.4% 3.4% 2.7% TBA 2 Somewhat unsafe 4% 9% 8% 15% 16% 15% 11.5% 13.7% 13.4% 16.6% 13.9% T8134. 3 Somewhat safe 36% 31% 42% 57% 55% 56% 49.5% 47.1% 51.8% 46.6% 44.8% TBA 4 Very safe 60% 59% 50% 26% 27% 27% 37.6% 36.6% 33.4% 33.4% 38.7% TBA 7C. Do you feel safe in the community surrounding this school (daytime)? '09 ?11 ?13 '09 FSU ?11 FSU ?13 FSU ?09 Nat?l ?11 Nat?l '13 Nat?l 09 male 11 male 13 Male Female Female Female Total? Total* Total? Aug Aug Aug 1 Not safe 0.1% 0.6% 0.2% 1.1% 09% TBA 2 Somewhat unsafe 2% 3% 2% 2% 2% 4% 1.8% 2.2% 3.5% 6.8% 5.0% TBA 3 Somewhat safe 20% 26% 28% 33% 33% 37% 28.6% 30.0% 34.6% 39.6% 34.5% TBA 4 Very safe 78% 71% 70% 65% 65% 59% 69.5% 66.9% 61.8% 52.5% 59.6% TBA EC) SE5 Cannot be reproduced or published without authorization April Baer a baer Office of Student and Educational Services Frostburg State University 20. Do you feel safe in the community surrounding this school {nighttime}? '09 ?11 ?13 Female Female Female '09 FSU Total" ?11 FSU Total? '09 Male ?11 Male '13 Male ?13 FSU Total" '09 Nat'f Aug ?11 Nat?l Aug '13 Nat?l Avg 1 Not safe 2.2% 5.2% 2.3% 13.1% 9.2% TBA 2 Somewhat unsafe 11% 12% 13% 23% 25% 24% 19.4% 20.9% 20.9% 31.8% 26.2% TBA 3 Somewhat safe 41% 41% 49% 54% 50% 50% 49.3% 42.2% 50.1% 38.5% 41.1% TBA 4 Very safe 46% 43% 34% 19% 19% 12% 28.6% 26.6% 21.2% 16.6% 22.5% TBA 160. Within the last 12 months, have you experienced antir of the following when drinking alcohol: Had sex with someone without giving your consent? ?09 ?11 ?13 Female Female Female '09 FSU Total? ?11 FSU Total? ?05 Male '11 Male ?13 Male ?13 FSU Total? ?09 Nat?l Aug ?11 Nat? I Aug ?13 Nat? I Avg 1 NM Don?t Drink 24% 21% 28% 23% 22% 26% 23.1% 25% 22.1% 20.6% 23.8% TBA 2 No 24% 22% 22% 25% 22% 23% 25.0% 23.5% 21.2% 22.9 24.5% T321.9% 1.5% 1.2% 1.5% 1.6% TBA 16E. Within the last 12 months, have you experienced any of the following when drinking alcohol: Had sex with someone without getting their consent? is '09 '11 ?13 Female Female Female ?09 FSU Total* '11 FSU Total? '09 Male ?11 Male '13 Male ?13 FSU Total? ?09 Nat?l Aug '11 Nat?l Aug ?13 Nat't Avg y-u. 1 Don't Drink 24% 22% 28% 23% 22% 26% 23.1% 25.3% 22.1% 20.6% 23.8% TBA 2 No 26% 22% 22% 22% 23% 24% 25.0% 24.0% 22.9% 29.0% 63.1.9% 10.2% 0.0% 0.4% 12.6% TBA SE5 Cannot be reproduced or published without authorization April Beer a beer Office of Student and Educational Services Frostburg State University 33E. Within the last 12 months, has any of the following been traumatic or very difficult for you to handle: ?13 FSU ?11 FSU Total? intimate Relationships? Total" '09 '11 '13 ?09 FSU ?09 Nat?l Avg ?11 Nat'l Avg '13 Nat?l Avg TBA Female Total? 66% 69.0% ?11 Male ?13 Male Female Female 68.5% ?09 Male 66.3% 33.2% 32.2% TBA 63% 69% 31.0% 31.5% 69% 69% 77% 34% 35.Yes (C) SES Cannot be reproduced or published without authorization April Beer a beer Office of Student and Educational Services Frostburg State University 2009 Demographics and Student Characteristics 745 (21 96] Age: Student status: Average age: 20.66 years year undergraduate: Median: 20.00 years 2nd year undergraduate: Dev: 3.66 years 3rd year undergraduate: 4th year undergraduate: 5th year or more undergraduate: Graduate or professional: Not seeking a degree: Other: 18 - 20 years: 58.1 96 21 - 24 years: 36.3 96 25 29 years: 2.9 96 30+ years: 2.7 Full-time student: Part-time student: Other student: Students describe themselves as: White: 77.3 96 Black or African American: 13.6 96 Hispanic or Latino/a: 2.7 96 Asian or Pacific lslander: 3.1 96 mar'ta' Status: American Indian, Aiaskan s'ngle: Native or Native Hawaiian: 1.1 96 Myriad/Partnered: Biracial or Multiracial: 2.8 ?36 S?paratEdi Other: 2.4 96 Divorce-d: Other: Gender" Female: 64.? 96 Male: 33.2 ?36 Transgender: 0.0 ?36 Housing: Campus residence hall: FraternityISorority house: Other university housing: Parentiguardian home: Other off-campus housing: Other: Students describe themselves as: Heterosexual: 93.4 96 Gay/Lesbian: 1.4 96 Bisexual: 3.6 96 Unsure; 1f, Participated in organized college athletics: Varsity: Club sports: intramurals: Member of a social fraternity or sorority: Greek: 13.4 96 International Student: *Cases where sex is missing are included in the calculation of percentages for this variable Internatlonal (0 SEE Cannot be reproduced or published without authorization April Baer a baer 24.? 96 20.6 96 25.5 9-6 22.99.3 '36 0.4 96 0.3 36 874.7 ?36 39.7 96 1.1 9-6 9.9 ?36 10.3 96 35.1 96 4.0 96 13.5 96 7.1 '96 19.5 96 5.5 96 Office of Student and Educational Services Frostburg State University 2011 Demographics and Student Characteristics 516 Age: Student status: Average age: 21.223 years year undergraduate: Median: 20.00 years 2nd year undergraduate: Dev: 4.27 years 3rd year undergraduate: 4th year undergraduate: 5th year or more undergraduate: Graduate or professional: Not seeking a degree: Other: Full-time student: Part?time student: Other student: 18 - 20 years: 55.? 9E 21 - 24 years: 36.3 as 25 -29 years: Bi: 30+ years: 4.3 Students describe themselves as: hite: 25.6 9?5 Black or African American: 17.0 Hispanic or Latino/a: 3.1 '36 Asian or Pacific Islander: 3.1 Marital Status: American Indian, Alaskan Single: Native or Native Hawaiian: 0.7 MarriEdfP-Elrtnered: Biracial or Multiracial: 2.8 as SeparatEd! Other: 13 95 Divorced: Other: Gender? Female: Male: Transgender: 69.2 Housing: 29] 95 Campus residence hall: 03 Fraternity/Sorority house: Other university housing: Parent/guardian home: Other off-campus housing: Other: Students describe themselves as: Heterosexual: 93.0 Gay/Lesbian: 1.9 Bisexual: 3.4 Unsure. LE Participated in organized college athletics: Varsity: Club sports: lntramurals: Member of a social fraternity or sorority: Greek: 12.0 International Student: IllCases where sear is missing are included in the calculation of percentages for this variable Internatlonal SE5 Cannot be reproduced or published without authorization - April Baer a beer frostbur .edu 21.5 21.4 5'6 25.8 '16 23.95.8 96 9?6 0.4% 91.9 4.6 0.3 1.5 96 1.6% 40.1 1% 1.2 96 6.6 13.3 '36 35.9 3.0 12.0% 6.9% 16.? 96 4.2 Office of Student and Educational Services Frostburg State University 2013 Demographics and Student Characteristics I 500 Age: Student status: Average age: 21.83 years year undergraduate: Median: 20.00 years 2nd year undergraduate: Dev: 5.97 years 3rd year undergraduate: 4th year undergraduate: 13 20 years: 54'2 5th year or more undergraduate: 21 24 years: 34'6 Graduate or professional: 25 - 29 Years: 3.9 Not seeking a degree: 30+ years: 7.4 9-6 Other. Other: 1.6 a Fullatime student: Students describe themselves as: Part-time student: White: 751 94, Other student: Black or African American: 18.6 Hispanic or Latinofa: 2.5 91?: Marital Status: Asian or Pacific Islander: 2.3 Single: American Indian, Alaskan Married/Partnered: Native or Native Hawaiian: 1.6 separatEdi Biracial or Multiracial: 3.8 913 Other: 15 95 Other: Genders: Housing: Female: 715 Campus residence hall: Male: 25.3 Fraternity/Sorority house: Other university housing: Parentfguardian home: Other off-campus housing: Other: Transgender: 0.0 96 Students describe themselves as: Heterosexual: 89.8 Ganyesbian: 3.7 Bisexual: 5.1 96 Unsure: 1.4 Varsity: Club Sports: Participated in organized college athletics: Member of a social fraternity or sorority: Intramurals: Greek: 11.0 86 international Student: International l"Cases where sex is missing are included in the calculation of percentages for this variable (0 SE5 Cannot be reproduced or published without authorization ?Apri Baer a baer 22.9% 19.0% 28.2 21.0% 7.8 0.8 0.0% 0.4% 94.1 5.1 0.8% 816% 11 0.6 1.4 3.3 36.3 0.4 8.8 13.6 36.0 4.9% 8.0% 6.1% 11.0% 7.7% Continuing the Conversation: flow FSU ls Addressing Sexual Violence T?he Bottom Page 1 of 3 HHJI \l I Illil 'ihl ll':l' I'm ilei-llgl? I Hun-3. unouucmm Continuing the Conversation: How FSU Is Addressing Sexual Violence -- - inf: l't: ml! rt} \k?tra urn!? Ma?a 51-: i'n In m: .lH. ?numb hm" .I'i'guztfih'y fm'r' all. Hit-3,: I.r'1 .m v'i. .- m' . '1 llu' Itcnl lU.? 11 L-xlcm make uu; .n luli L'nIupthi-gu th? hm In line ?Immune u} 1n :Iddrm? Itm mt! Irwuu 1n Icu-l nl mlL-n. I'm nur student. u'mpinww mm x'mtms Share this: Share 1? Il'lillJl-' 5809014 Continuing the Conversation: FSU IS Addressing Sexual Violence The Bottom Page 3 OH The Nahum i im: I-.I. In Iin' .Irlm' -. Nil-3.15 i'HE'i 1 I Ilwn l-Ilime ~ii nun-'IInI In. {?Ir??r'lw '1 Page 0863 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0864 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0865 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0866 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0867' of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 0868 of mm Withheld pursuant to exemption (DJIITIIC) Of the Freedom Of information and F?I'i'u?Eleur AC1 Frostburg State University Graduate Enrollment per Term Includes Master and Doctoral Level Undupiicated Headcount per Term By Male/Female Term Fall 2013 Spring 2014 Graduate Graduate Category Male 304 293 Female 466 447 All 770 740 P409 Student Research Population File Frostburg State University Graduate Enrollment for Academic Year 2014 includes Master and Doctoral Level Unduplicated Headcount By MalelFemale Academic Year Graduate Category Male 373 Female 548 All 921 P409 Student Research Populatioanile Frostburg State University Graduate Enrollment per Term Includes Master and Doctoral Level Unduplicated Headcount per Term By Male/ Female Term Fall 2013 Spring 2014 Male Female Male Female Cate?o_ry Master 288 434 278 415 Doctoral 16 32 15 32 All 304 466 293 447 P409 Student Research Population File Frostburg State University Graduate Enrollment for Academic ?I'ear 2014 Includes Master and Doctoral Level Unduplicated Headcount By Male/Female Academic Year 2014 Male Female Categoryr Master 35 7 516 Doctoral - 16 - 32 All 373 548 P409 Student Research Population File Options for Survivors of Sexual Assault A survivor has many options if he or she wishes to notify someone about the assault. Contact University Police. Police can review reporting options, discuss evidence collection and assist in seeking support. For more information. contact University Police at 3016814223. Contact the Of?ce of Student Educational Services. In addition to any criminal or civil penalties under the law. any act of sexual assault is against Policy on Sexual Assault and is subject to disciplinary proceedings under the institution's judicial system. A survivor may request alternative academic. living or employment situations ifsuch alternatives are available, feasible and appropriate to the facts ofthe sexual assault reported. For more information. contact Dr. Jesse iletternianr Dean of Students. at 301 .68?.43i l. Contact the Title Ill coordinator. The Title I'll coordinator is responsible for overseeing complaints of sex discrimination and identifying and addressing any patterns or systemic problems that arise during the review of such complaints. For more information. contact Beth Hoffman. Director and Title ill Compliance. at 301 1381302. Please visit the website for more information: Important Contacts 0 Family Crisis Resource Center 24?hour helpline: 301.759.9244 University Police 24-hour emergency line: 301 15814222 - Frostburg City Police 24-hour assistance: 301.689.3000 - National Sexual Assault Hotline 24-hour hotline: 800.656.4673 FSU Of?ce ofStudent 3r Educational Services Hours; Mon. - Fri.. 3am - 5 pm. 30l.63?.431l FSU Brady Health Center Hours: Mon. - Thurs. 3 am -5pm: Fri, 9 are - pm Bill .6314} ll]. 'hrady FSU Counseling Services 11?; Hours: Mon. - Fri. Barn ?5 pm. slits-37.4.? Maryland Coalition Against Sexual Assault Rape, Abuse and Incest National Network r"intuitive STATE FSU iscornmittedto making ?elds . a' 1" the Ali-'4. Compliance?f?ceca'l 301.5?? - . 1330 di?Z??lruslhurg ?slate -. Au?toriledby am mommies wwar?urg STATE edulgbv llE ll] to return Viol- Sexual Assuull Sexual assault is a crime. It includes various forms of unwanted sexual touching or penetration without consent, such as: Sexual battery The unwanted touching ofan intimate part ofanother person Forced oral?genital contact Rape with a foreign object, including a ?nger it Forced genital intercourse Forced anal intercourse Orthe attempt of any of the above actions Sexual assault may be accomplished by fear, threats of harm andior actual physical force. It is common among both men and women. 5 percent of '0 . atteml?tEd 0 ?Lilde damage. assault "hue uf all Sexual 111: ?Exiled by someone knew? t" (D the assaults are If you know someone who has experienced a sexual assault, you can help the person by doing the following: Remain calm. it is common to experience angerand shock if someone you know is a victim, but expressing these emotions may result in additional trauma and stress forthe individual. Get to a safe place. Offer support. The victim will likely experience shock and possibly disorientation. Lay out options from which the person can choose. Never try to force someone to make a certain decision. Encourage medical attention. Even if noinjuries are visible, internal injuries could require medical attention. Western Maryland Regional Medical Center: 240.964.1200 let the survivor express his or her feelings. Tourfriend will be angry at the assailant, not you. Listen and be supportive. Maintain con?dentiality. it is not your place to tell people; let your friend make that decision. Encourage counseling. A trained professional can offer support and guidance. Seek counseling for yourself. Do not ignore your feelings. Sexual assault affects everyone, not just the survivor. Sometimes it may not be appropriate or helpful to share your feelings with the survivor; talking to a professional can help. Sexual assault is always the fault of the abuser. No one deserves to be sexually assaulted. No two individuals process a traumatic event in the same manner. There is no?riglrt? or "wrong" reaction to a traumatic event. Some typical reactions include: Confusion Denying the event happened Fear Depression Disorientation Feelingsofanxiety or panic I Anger Withdrawal from others 1' Numbness II Hurt Embarrassment Feeling?unclean" Survivors may blame themselves and wonder what they :cu? have done differently to prevent the assault. The victim is never to blame for an assault. Know that there are people who can help in a time s. Resident Assistant {fie} - ?v'ictim advocate through the Far-oily ins; us Counselor Nurse ormedical professional ti Police of?cer Dean of Students H?Axu . . ., - . - f?'rriib 9:433 .15 - - 7 .. - an?, a. i'f'uiftti?i ~M??h?1u.mmu. Our basic philosophy of student conduct is one ofeducation, focusing upon growth and development ofthe individual student and ofthe University community. Disciplinary procedures and sanctions for violations ofthe code are designed for the guidance towards and education of acceptable behavior rather than punishment. The Student Conduct system is designed to ensure that students are viewed as mature individuals who are responsible for accepting and understanding the appropriate standards of conduct that have been established. Students are treated with dignity, respect, care and concern. The University recognizes two ieveis ofsexnn! n??enses: Sexual Misconduct - 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 survivor's mental or physical helplessness of which the accused was aware or should have been aware. Sexual Misconduct II - By stranger or acquaintance, the touch of an unwilling person's intimate parts (de? fined 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 i survivor's mental or physical helplessness of which the accused was aware or should have been aware. The Hearing Process: The hearing process is non-adversarial, does not involve a prosecutor, or direct cross examination. All comments and questions are addressed to the Hearing Panel and the Panel does all questioning. Hearings are closed to the public. When advisors or support people are permitted, they may not address the panel or participate in the hearing. For reporting purposes under the Clery Act, the contact person for sexual assault victim i survivor is the Chief of Police who is located in the Public Safety Building and may be contacted at 301 537.4328. The Chief will assist students and employees in obtaining appropriate services. The Title IX coordinator is Beth Hoffman and is located on the 3rd floor of Hitchins building in the Office of Human Resources. Student Disciplinary Procedures Relating to Sexual Misconduct 1 Sexual Assault In addition to any criminal or civil remedies available under the law, any act of sexual assault is subject to conduct proceedings as stated in the Code of Student Conduct. The Dean of Students Associate Dean of Students in the Office of Student and Educational Services (301.687.4311, 116 Hitchins Building) are responsible for student conduct. A sexual assault victim survivor, University Police, or any member of the FSU community may file a complaint with the University Code of Conduct System. The range of sanctions for students shall include, but not be limited to, one or more of the following: alteration of class schedule, disciplinary reprimand, loss of privilege, restitution, disciplinary probation, removal from housing, suspension, and expulsion. The on?campus procedures shall provide (1) the accuser and the accused are afforded the same opportunities to have others present during a campus disciplinary proceeding; (2) both the accuser and the accused are informed of the outcome of any campus disciplinary proceeding brought alleging a sexual assault; and (3) the offense must be reported according to federal reporting mandates and Maryland state law. Health and safety procedures to follow it sexual assault occurs are listed in the Policy Statements booklet at lrostburg. edu/admin/policies/policysta lemon ts. pot The University Police or the O?ice of Student and Educational Services 1' l6 Hitchins Building) will also assist the victim survivor in obtaining medical attention if the victim survivor chooses, including providing transportation to the hospital or other emergency medical facility. Services available include: 1. Western Maryland Sexual Assault Center - The Rape and Sexual Assault Center for the area is located at Western Maryland Health System (240.964.7000) in Cumberland. The Center is a 24-hour service providing medical care, evidence collection and counseling services. A medical examination is always recommended even if you decide not to officially report the crime. It may be a good idea to have evidence collected initially in case you do decide to take legal action at a later date. 2. Family Crisis Resources Center, Inc. - The Family Crisis Resources Center (301 .7599244) is located in Cumberland and provides free, 24 hour support services for victim i survivors of rape, sexual assault and domestic violence. 3. Counseling and Services - Counseling and Services (301 687.4234) provides individual and group counseling for victim survivors of sexual assault, sexual abuse and incest. 4. Student and Educational Services - Students who report they are a victim survivor of a sexual assault are encouraged to contact the Office of Student and Educational Services (301.687.431 I) for assistance in changing academic and living situations. ApprOpriate changes will be made as are reasonably available. Filing a report for referrals to the Student Code of Con duct. Student conduct complaints may be referred by students, faculty, and staff to the Office ofthe Vice President for Student 8: Educational Services or the Residence Li fe Office. To refer a complaint, a detailed report ofthe incident must be completed. (Elia); (D) . -- ll 9' 1V5.- \3 What is Sexual Assault? Sexual assault is a crime. It includes various forms of unwanted sexual touching or penetration without consent such as: - Sexual battery - The unwanted touching of an intimate part of another person - Forced oral-genital contact - Rape by a foreign object - Including a finger u" Forced genital intercourse - Forced anal intercourse a Or the attempt of any of the above actions Sexual assault may be accomplished by fear, threats of ha rm, andlor actual physical force. it is common among both men at women. eneisili be uremia a! Suwanee 7' Statistics provided by US Departure-It of Edua?on {2011} If you know someone who has experienced a sexual assault. it is important to Sexual assault is always the fault of the abuser. . flexes- . . in the event of an assault. ?gs $9139 it is also important to know sexual?livesaeitse the - Remain Calm - it is common to experience anger 81 shock if someone you know is a victim, but expressing these emotions may result in additional trauma is stress for the individual. 1- Get to a safe space/location 0 Offer support - It is likely that the victim will experience shock 81 possibly disorientation. Help them by laying out options for them to choose. Those who are vic- tims of sexual assault are able to take control of their lives El become survivors. Never force them to make a certain decision. - Encourage medical attention a Western MD Regional Medical Center masseuse . Although there may be no visible injuries. there may be internal injuries that require medical attention. - Let the survivor express their feelings - Remember, your friend will be angry at the assailant, not you. - Be there to listen 81 be supportive. - Maintaincon?dentiaiity - It is not your place to tell people. let your friend make that decision. - Encourage counseling - It is helpful to have a trained professional offer support guidance. - Seek counseling for yourself - Do not ignore your feelings. Sexual assault affects everyone, not just the survivor. Remember: sometimes it may not be appropriate or helpful to share your feelings with the survivor, talking to a professional can help. No two individuals process a traumatic event in the same manner. There is no "right" or ?wrong? reaction to a traumatic event. Some typical reactions Confusion Denying the event happened Fear Depression Disorientanon Feelings of anxiety or panic Anger Withdrawal from others Numbness Hurt Embarrassment Feeling "unclean" Sexual assault is a traumatic experience each individual is going to cape with this trauma differently. Survivors may blame themselves 8: wonder what they could have done differently to prevent the assault. The victim is never to blame for an assault. Know that there are people who are able to assist you in a time of need: a Resident Assistant - Victim Advocate through the Family Crisis Resource Center - Counselor - Nurse or medical professional Seethe back panel for - Police Of?cer - DeanofStudents important contact info] There are many different options that a survivor has if they wish to notify someone about their assault: Contact the Police I Police can assist in seeking support, discuss evidence collection, and can also review reporting options. 0 For more information, contact the FSU Police Department at 3015814223. ?ontact the Of?ce of Student 8i Educational Services in addition to any criminal or civil remedies available under the law, anv act of sexual assault is against Frostburg State Policy on Sexual Assault and is subject to disciplinary proceedings under the institution?s judicial svstem. - A survivor may request alternative academic, living, or employment situations ii such alternatives are available, feasible, and appropriate to the facts of the sexual assault reported. a For more information, contact Dr. Jesse Ketterman, Dean of Students, at 3015814311. Contact the Title Coordinator I The Title Coordinator is responsible for overseeing complaints of sex discrimination and identifying and addressing any patterns or svstemic problems that arise during the review ofsuch complaints. I For more information, contact Beth Hoffman, Director of and Title Compliance at 301.68?.4102. Important Contacts ?l A Family.' Crisis Resource Center 24-hour Helpline 301.759.9244 FSU Police 24-hour Emergency Line 301.687.4222 Frostburg City Police 24-hour Assistance 301.639.3000 National Sexual Assault Hotline 24?Hour Hotline 800.656.?6?3 Of?ce of Student 8: Educational Services Hours of Operation: M-F 3am to 5pm 301.63?.4311 Brady Health Center Hours of Operation: M-?i?h 8am to 5pm, 9am to 4pm 301.537.4310 Counseling Services Hours of Operation: M-F 3am to 5pm 301.68?.4234 Maryland Coalition Against Sexual Assault Rape, Abuse, 8. incest National Network .14? What You Need to Know About Sexual Assault Authored by the President's Advisory Council Against Sandor Base-s 1t-?iolence FiosiLIurg Stair.- IJiliu-EFSiI?f wwirostb utg.Edu1?gbv .l ?i I "r Niedzalkoski, Am! From: Niedzalkoski, Amy Sent: Wednesday. January 21, 2015 4:52 PM To: Cc: Gellman-Beer. Beth Subject: RE: Update Dear {Dita}? Thank you for getting in touch with me. Since the last time spoke, OCR learned of an additional sexual assault complaint that was made to the University. As such, we needed to go back to the University to request additional data and conduct additional interviews. We have completed those interviews and are finalizing our analysis of the data. will be in touch once i have anv additional information. in the meantime, please do not hesitate to get in touch with me by email or phone {215} 656-8571. Thank vou- Ami; From: {bli?kibi?iCl Sent: ednesdav, January 21, 2015 2:05 PM To: Niedzalkoski, Amy Subject: Update Hello, I hope this email ?nds you well. It has been a few months, and I wasjust checking in to see ifthore is an}r update on my case. Thank you. (blt?l; {bit?Fm) Niedzalkoski. Amy - From: Karen Treber KTreber?frostburgedu Sent: Wed nesday, December 17, 2014 5:31 PM To: Niedzalkoski, Amy Subject: Information Requested Attachments: OCR Report Dec. OCR report December 2014.docx; Fall 2014 Casespdf This email contains information on two cases of a student complaint involving facultyl and/or staff. Karen A. Treber General Counsel Frostburg State University 101 Braddock Road Frostburg, MD 21532 {301} Ci Niedzalkoski, Amy From: Gellman-Beer, Beth Sent: Wednesday, November 26, 2014 6:45 AM To: Karen Treber Cc: Niedzalkoski, Amy Subject: RE: Additional information for OCR complaint Ms. Treber, a bio would help, along with the posting and job position. Thank you, Beth Gellman-Beer From: Karen Treber Sent: Tuesday, November 25, 2014 4:11 PM To: Gellman-Beer, Beth Subject: Re: Additional information for OCR complaint Do you mean a brief bio? Karen Treber General Counsel Frostburg State University On Nov 25, 2014, at 3:53 PM, "Gellman-Beer, Beth" wrote: Ms. Treber, Thank you for your reply. We look forward to receiving the information after the holiday. in that submission, please also include information on the newly hired Title IX coordinator. Thank you, Beth (Bellman-Beer From: Karen Treber [mailtozKfreber@frostburg.edu] Sent: Tuesday, November 25, 2014 12:54 PM To: Niedzalkoski, Amy Cc: (Bellman-Beer, Beth Subject: RE: Additional information for OCR complaint Hello Amy, Yes, can get this information to you after the Thanksgiving hoiiday. Also, as requested, I want to let you know that we have just hired a full time Title IX coordinator. She will be coming on board on January 2015. If you need more information about that, please let me know. Have a happy Thanksgiving, Karen Karen A. Treber General Counsel Frostburg State University 101 Braddock Road Frostburg, MD 21532 {301) 687?4111 From: Niedzalkoski, Amy Sent: Tuesday, November 25, 2014 11:14 AM To: Karen Treber Cc: Gellman-Beer, Beth Subject: Additional information for OCR complaint Dear Karen, Thank you for the University?s cooperation to date with the investigation. We have determined that some additional information from the University is necessary as we move forward with the resolution of the complaint. Therefore, I am asking that the University please provide the following information for all student complaints or reports of sexual harassment or sexual violence that have been brought to the University?s attention {formally or informally} during the 2013-2014 and 2014-1015 school years. For each complaint identified, please provide the information below with the dates for each step of the process: The name, or unique identifier, and sex ofthe student who made the report or complaint. The name or unique identifier, sex and position student, faculty, staff) of the individual against whom the complaint was filed. The date each complaint was filed, the date the investigation was started, the date the investigation was completed, the date any hearing was convened, date the final decision was issued, and a description and date of any other step in the process. The type of report or complaint filed formal or informal}. The allegation{s} made in the report or complaint including whether it alleged sexual harassment, sexual assault or sexual violence, and whether the described in the complaint occurred on or off campus. If off campus, indicate the location, whether the location was hosted or sponsored by the University and whether the location was owned or leased by the University. The title of the University office or name of University staff member where the report or complaint was filed (campus police, student services, academic dean, counselor, etc.}. Indicate whether the complaint was investigated. If yes, provide the name and title of the University official or staff member who investigated the complaint. If the complaint was not investigated, please indicate why an investigation was not conducted. if the complaint was investigated, provide a copy of all investigative reports, findings or other documents that describe the outcome and resolution, including a description of all the remedies and sanctions resulting from the decision. Indicate whether a hearing was conducted in connection with the complaint. If a hearing was conducted, describe the process used and the names and titles of all persons who participated in the hearing and decision making; provide a copy of the hearing decision, report or other documents describing the hearing decision, 2 i? including all ddCuments describing the remedies and sanctions that resulted from the decision. j. Indicate whether an appeal was filed and by whom. if yes, provide a copy of the appeal procedure, identify the staff person responsible for deciding the appeal, and provide a copy ofthe appeal decision or outcome. Please do not hesitate to get in touch with any questions or concerns. Amy Niedzalkoski, Amy From: Sent: To: Cc: Subject: Dear Karen, .1 If. Niedzalkoski, Amy Tuesday, November 25, 2014 11:14 AM Karen Treber (KTreber@frostburg.edu) Gellman-Beer, Beth Additional information for OCR complaint Thank you for the University's cooperation to date with the investigation. We have determined that some additional information from the University is necessary as we move forward with the resolution of the complaint. Therefore, lam asking that the University please provide the following information for all student complaints or reports of sexual harassment or sexual violence that have been brought to the University's attention (formally or informally} during the 2013-2014 and 2014-1015 school years. For each complaint identified, please provide the information below with the dates for each step of the process: The name, or unique identifier, and sex ofthe student who made the report or complaint. The name or unique identifier, and position student, faculty, staff) of the individual against whom the complaint was filed. The date each complaint was filed, the date the investigation was started, the date the investigation was completed, the date any hearing was convened, date the final decision was issued, and a description and date of any other step in the process. The type of report or complaint filed formal or informal). The allegation(s) made in the report or complaint including whether it alleged sexual harassment, sexual assault or sexual violence, and whether the incident(s} described in the complaint occurred on or off campus. If off campus, indicate the location, whether the location was hosted or sponsored by the University and whether the location was owned or leased by the University. The title of the University office or name of University staff member where the report or complaint was filed (campus police, student services, academic dean, counselor, etc). Indicate whether the complaint was investigated. If yes, provide the name and title of the University official or staff member who investigated the complaint. Ifthe complaint was not investigated, please indicate why an investigation was not conducted. If the complaint was investigated, provide a copy of all investigative reports, findings or other documents that describe the outcome and resolution, including a description of all the remedies and sanctions resulting from the decision. Indicate whether a hearing was conducted in connection with the complaint. If a hearing was conducted, describe the process used and the names and titles of all persons who participated in the hearing and decision making; provide a copy of the hearing decision, report or other documents describing the hearing decision, including all documents describing the remedies and sanctions that resulted from the decision. indicate whether an appeal was filed and by whom. If yes, provide a copy of the appeal procedure, identify the staff person responsible for deciding the appeal, and provide a copy of the appeal decision or outcome. Please do not hesitate to get in touch with any questions or concerns. 1 Amy C) (5 Niedzalkoski, Amy From: Niedzalkoski, Amy Sent: Wednesday, August 06, 2014 4:45 PM To: 'Karen Treber' Cc: Gellman?Beer, Beth Subject: Update Thank you very much for the information. Amy From: Karen Treber Sent: Tuesday, August 05, 2014 11:01 PM To: Niedzalkoski, Amy Cc: (Bellman?Beer, Beth Subject: RE: Update Dear Amy, Yes, we plan to forward updated policies to the attorney general's office for review by the end of August. We expect approval, but we also know that continued meetings of the USM workgroup through the fall might result in additional suggestions to the campuses that could mean more updates. Karen Karen A. Treber General Counsel Frostburg State University 101 Braddock Road Frostburg, MD 21532 (301) 68741112 From: Niedzalkoski, Amy cAmy.Niedzalkoski@ed.gov> Sent: Tuesday, August 05, 2014 9:54 PM To: Karen Treber Cc: Gellman-Beer, Beth Subject: RE: Update Dear Karen, Thank you for the update. Does the University have a timeline for the development and implementation of its revised policies? (. Thank you- Amy Amy Niedzalkoski Attorney US. Department of Education, Office for Civil Rights 100 Penn Square East The Wanamaker Building, Suite 515 Philadelphia, PA 19107 {215) (phi [215] 656-8605 if} From: Karen Treber [KTreber@frostburg.edu] Sent: Tuesday, August 05, 2014 6:2? PM To: Niedzalkoski, Amy Subject: Update Hello Amy, lam just updating you on a few things that are in process here at FSU, as I believe you and Beth requested. The University System of Maryland has adopted a policy on Sexual Misconduct. It replaces their Sexual Assault and Sexual Harassment policies. All the system schools are in the process ofadopting policies that comply with this new USM policy. Although Frostburg does not need to change much, we will be adding new definitions and reorganizing some of our policies to make things clearer to students and staff and easier to locate. That said, we are in the process of creating a new webpage that will be easily accessible to individuals who want information and might want to make a complaint, etc. The USM has required all institutions to complete policy updates by the end of the year, but we must submit information about progress by Sept 5. FSU has posted an ad for a full time Title ix Coordinator. We hope to hire someone by October. In addition to our current programming, and climate surveys, FSU is expanding the scope of the Haven program on sexual assault to transfer students and any other students new to campus, for example, international exchange students. FSU has created a clearly designated Title IX team. Basically, the team will work support the Title ix coordinator in policy updates; approve and review climate and other surveys; plan appropriate training for the campus, staff, students, and faculty; ensure that policies are being followed, work with organizations on campus and the President?s advisory group to implement programming, etc. Finally, the USM has formed a workgroup to discuss implementation of the new policy, and to address issues and concerns of sexual harassment, assault and violence on campus. This group is currently meeting frequently and the meetings are expected to result in, among other things, a "best practices? list for ensuring campuses compliance with the law, as well as suggested trainings, programming, social marketing, etc. to provide information, improve campus environments. I'm happy to tell you more if you like, but I hope this update is useful. Sincerely, Karen Karen A. Treber General Counsel Frostburg State University 101 Braddock Road Frostburg, MD 21532 [301] 68?-4111 Ji??x' Niedzalkoski, Amy From: Karen Treber KTreber@frostburg.edu Sent: Tuesday, June 2014 5:05 PM To: Niedzalkoski, Amy Cc: (Bellman-Beer, Beth Subject: RE: OCR Follow?Up Questions re: Policies and Procedures That would have been the policy statements booklet for 2012?2013. I can have someone send them to you by email I beheve. Karen Karen A. Treber General Counsel Frostburg State University 101 Braddock Road Frostburg, MD 21532 (301) 687?4111 From: Niedzalkoski, Amy Sent: Tuesday, June 17, 2014 5:02 PM To: Karen Treber Cc: Geliman-Beer, Beth Subject: RE: OCR Follow-Up Questions re: Policies and Procedures Thank you for getting back to me so quickly. 1 know you are on your way out the door, but are you quickly able to tell me or send me which policies and procedures were in effect at the time of the (Pl incident? If i missed you for the clay, I will reach out to Mr. Spahr tomorrow. Thank you- Amy From: Karen Treber Sent: Tuesday, June 2014 4:56 PM To: Niedzalkoski, Amy Cc: Gellman-Beer, Beth Subject: RE: OCR Follow-Up Questions re: Policies and Procedures Hello Amy, in response to your questions, the policies listed as PN in the FSU policy manual are old and out of date. it is our intention this summer to pull the entire manual as it relates to student services and academic affairs and refer users to the web pages of academic affairs and student services which publish the most recent policies there. In addition, just fyi, we also will be putting policies and procedures related to sexual misconduct, harassment, and assault on a new page that will make them easier to locate in one click. The policies and procedures listed in the Policy Statements bookiet for 2013-2014 are the most recent and are up to date. That booklet (i say booklet because we also produce it on paper), is reviewed and updated every year in order to comply with changes in related laws and in USle policies. Recommended changes go through me, and I review them then I send them to the Attorney General?s office for final review and approval. Updates to Sexual Harassment 1 r" and Discrimination policies and procedures are also handled in this way annually or as needed. Also note, prior to October 1 each year, the most recent Policy Statements are sent by email to ail students, faculty and staff and they are notified that the Policy Statements are available in paper form as well. I- Are there any other changes in either the USM Sexual Assault Policy, the Sexual Harassment Policy, or the Discrimination and Sexual Harassment Procedures? If so, could you explain when they were made, who made them, and why they were made?I The Sexual Assault Policy is up to date as of today. However, as I mentioned on the phone USM is getting ready to adopt a Policy on Sexual Misconduct which will replace in their entirety the USM Policy on Sexual Assault (BOP. policy Vl- 1.30, and the USM Policy on Sexual Harassment policy This change will require FSU to update the FSU Sexual Harassment policy as well as discrimination and sexual harassment procedures. According to the draft USM policy, the USM institutions will be required to develop or update procedures to implement the new policy by August 14, 2014. This date may be moved later a bit, since the policy is still in review stages. But I do not anticipate that it will be later than September. As with the other policies, lwill review the proposed changes, recommend any additional changes, and then send to the Attorney General?s Division of Education Affairs for review and approval. I hope this answers your questions, but please contact me if I was unclear or if you have additional questions. I also want to let you know that as of tomorrow afternoon, June 18, I will be out of the country and returning on July It is possible that I will be able to receive email, but I am not sure. If there is an urgent question or need to contact the University, please contact Mr. Stephen Spahr, Senior VP and Chief of Staff at sspahr@frostburg.edu. Please also copy me if you don?t mind ~?just in case my email is working. Sincerely, Karen Karen A. Treber General Counsel Frostburg State University 101 Braddock Road Frostburg,h?D 21532 {301) EST-4111 From: Niedzalkoski, Amy Sent: Tuesday, June 2014 3:18 PM To: Karen Treber Cc: (Bellman-Beer, Beth Subject: OCR Follow-Up Questions re: Policies and Procedures Dear Karen, I am reviewing data in the case, and I have several questions I'm hoping you can answer. In the alternative, if you believe there is someone else at the University I should speak withfinterview, I am happy to do that too. I was reviewing the policies and procedures the University submitted in response to data request letter and noticed that there are some differences between the version the University submitted and the version that is found on 2 i line. For example, in the section oi PN 4.032?5 entitled "Frostburg?s Procedureg for Implementing the USM Policy? under the "Victim Complaint? subsection, the version the University submitted does not provide that any member of the University community may file a complaint with the University Code of Conduct System or that inquiries concerning Title I): may refer to the University?s Title IX coordinator or the Office for Civil Rights, but the version that currently appears online in the "Policy Statements 2013-2014" document does contain those provisions. I have not yet gone back to look at all of the policies and procedures to see if there are any other changes, Here are my questions: a When were the above-referenced changes made? i Who made them? 0 Why were they made? a Are there any other changes in either the USM Sexual Assault Policy, the Sexual Harassment Policy, or the Discrimination and Sexual Harassment Procedures? If so, could you explain when thEy were made, who made them, and why they were made? 0 Our understanding was that changes to the polices had to be approved by the state. Is that correct or is the University able to make these changes on its own? Thank you very much for your assistance to help us clarify the policies and procedures that are now in effect. Sincerely, Amy Amy Niedzalkoski Attorney US. Department of Education Office for Civil Rights 100 Penn Square East, Suite 515 The Wanamaker Building Philadelphia, PA 19107 [215l656-8571lph} [215] 556-8605 (fax) (i '1 Niedzalkoski, Amy From: Karen Treber Sent: Tuesday, June 17, 2014 4:56 PM To: Niedzalkoski, Amy Cc: (Bellman?Beer, Beth Subject: RE: OCR Follow-Up Questions re: Policies and Procedures Hello Amy, In response to your questions, the policies listed as PN in the FSU policy manual are old and out of date. It is our intention this summer to pull the entire manual as it relates to student services and academic affairs and refer users to the web pages of academic affairs and student services which publish the most recent policies there. In addition, just fyi, we also will be putting policies and procedures related to sexual miSconduct, harassment, and assault on a new page that will make them easier to locate in one click. The policies and procedures listed in the Policy Statements booklet for 2013?2014 are the most recent and are up to date. That booklet (I say booklet because we also produce it on paper], is reviewed and updated every year in order to comply with changes in related laws and in USM policies. Recommended changes go through me, and I review them - then I send them to the Attorney General?s office for final review and approval. Updates to Sexual Harassment and Discrimination policies and procedures are also handled in this way annually or as needed. Also note, prior to October 1 each year, the most recent Policy Statements are sent by email to all students, faculty and staff and they are notified that the Policy Statements are available in paper form as well. 0 Are there any other changes in either the USM Sexual Assault Policy, the Sexual Harassment Policy, or the Discrimination and Sexual Harassment Procedures? If so, could you explain when they were made, who made them, and why they were made? The USM Sexual Assault Policy is up to date as of today. However, as I mentioned on the phone USM is getting ready to adopt a Policy on Sexual Misconduct which will replace in their entirety the USM Policy on Sexual Assault policy 1.30, and the USlv?l Policy on Sexual Harassment policy This change will require FSU to update the FSU Sexual Harassment policy as well as discrimination and sexual harassment procedures. According to the draft USM policy, the USM institutions will be required to develop or update procedures to implement the new policy by August 14, 2014. This date may be moved later a bit, since the policy is still in review stages. But I do not anticipate that it will be later than September. As with the other policies, I will review the proposed changes, recommend any additional changes, and then send to the Attorney General?s Division of Education Affairs for review and approval. I hope this answers your questions, but please contact me if I was unclear or if you have additional questions. I also want to let you know that as of tomorrow afternoon, June 18, I will be out of the country and returning on July It is possible that I will be able to receive email, but i am not sure. Ifthere is an urgent question or need to contact the University, please contact Mr. Stephen Spahr, Senior VP and Chief of Staff at sspahr@frostburg.edu. Please also copy me if you don?t mind ?just in case my email is working. Sincerely, Karen l. Karen A. Treber General Counsel Frostburg State University 101 Braddock Road Frostburg, MD 21532 [301) 687-4111 From: Niedzalkoski, Amy Sent: Tuesday, June 17, 2014 3:18 PM To: Karen Treber Cc: Gellman-Beer, Beth Subject: OCR Follow?Up Questions re: Policies and Procedures Dear Karen, I am reviewing data in the (W534 (Dime) case, and have several questions I?m hoping you can answer. In the alternative, if you believe there is someone else at the University I should speak with/interview, I am happy to do that too. I was reviewing the policies and procedures the University submitted in response to OCR's data request letter and noticed that there are some differences between the version the University submitted and the version that is found on line. For example, in the section of PN 4.032'5 entitled "Frostburg?s Procedures for Implementing the USM Policy? under the "Victim Complaint? subsection, the version the University submitted does not provide that any member of the University community may file a complaint with the University Code of Conduct System or that inquiries concerning Title IX may refer to the University?s Title IX coordinator or the Office for Civil Rights, but the version that currently appears online in the "Policy Statements 2013-2014? document does contain those provisions. have not yet gone back to look at all of the policies and procedures to see ifthere are any other changes. Here are my questions: When were the above?referenced changes made? 0 Who made them? Why were they made? 0 Are there any other changes in either the USM Sexual Assault Policy, the Sexual Harassment Policy, or the Discrimination and Sexual Harassment Procedures? if so, could you explain when they were made, who made them, and why they were made? i Our understanding was that changes to the polices had to be approved by the state. Is that correct or is the University able to make these changes on its own? Thank you very much for your assistance to help us clarify the policies and procedures that are now in effect. Sincerely, Amy Amy Niedzalkoski Attorney US. Department of Education Office for Civil Rights 100 Penn Square East, Suite 515 The Wanamaker Building Philadelphia, PA 19107 {215) 656-3571 {ph} {215) 656-8605 {fax} in Niedzalkoski, Amy From: Niedzalkoski, Amy Sent: Tuesday, June 17, 2014 3:18 PM To: Karen Treber [KTreber@frostburg.edu) Cc: (Bellman-Beer, Beth Subject: OCR Follow-Up Questions re: Policies and Procedures Dear Karen, I am reviewing data in the {blt?li {ml??Cl ase, and have several questions l?m hoping you can answer. In the alternative, if you believe there is someone else at the University I should speak with/interview, lam happy to do that too. I was reviewing the policies and procedures the University submitted in response to data request letter and noticed that there are some differences between the version the University submitted and the version that is found on line. For example, in the section of PN 4.032?5 entitled ?Frostburg?s Procedures for Implementing the USM Policy? under the "Victim Complaint? subsection, the version the University submitted does not provide that any member of the University community may file a complaint with the University Code of Conduct System or that inquiries concerning Title ix may refer to the University?s Title IX coordinator or the Office for Civil Rights, but the version that currently appears online in the ?Policy Statements 2013-2014? document does contain those provisions. have not yet gone back to look at all of the policies and procedures to see if there are any other changes. Here are my questions: I- When were the above-referenced changes made? I Who made them? - Why were they made? 0 Are there any other changes in either the USM Sexual Assault Policy, the Sexual Harassment Policy, or the Discrimination and Sexual Harassment Procedures? if so, could you explain when they were made, who made them, and why they were made? a Our understanding was that changes to the polices had to be approved by the state. Is that correct or is the University able to make these changes on its own? Thank you very much for your assistance to help us clarify the policies and procedures that are now in effect. Sincerely, Amy Amy Niedzalkoski Attorney U.5. 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exemption (bili?ll Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 1004 of mm Withheld pursuant to exemption (bili?ll Of the Freedom Of information and F?I'i'u?Eleur AC1 Page 1005 of mm Withheld pursuant to exemption (bili?ll Of the Freedom Of information and F?I'i'u?Eleur AC1 UNITED DEPARTMENI OF EDUCATION ui OFFICE luGHls xisititxi mini 315 SQLARE PA 191074123 September 9,2016 IN RESPONSE, PLEASE REFER TO: 03|32328 03152032 This letter is inform you that the Department of Education (Ihe Depanment). Office for ('ivil Rights (OCR). has completed its investigation of the abnie-reteienced eninplaints tiled against Froslburg State Uniiersity (Universiln. Throughout this letter you vvill be referred |n as "Complainam 1, OCR investigated vihetlier the University tailed to prompny and equilahl) respond to complaints rcpm'ls. and/or incidents of sexual harassmenl and sexual violence of "hich il had nuiicc. including ('nmplainanl I's and Complainant 2's reporl of sexual assault. and whelher as a result. students. including Complainant 1 and Complainant 2. were subjecled to a sexually htistile OCR imefligaled [his case under authorii) ofTitle Educalion Amendmenls of 972 (Tille IX). itle IX and its regulations. 34 (II-ZR, ?106 rohibil discrimination on Ihc basis ofsex in education programs and activities operated by reci 'enls ul' Federal financial . ancc from [he Depanmenl. Tht: Universi!) receiics such Federal funds andi therefore; is a recipient subjecl [0 the requirements ot'Title 1x. In her Jul) 29. 2013 filed with out ('irmnlainant alleged that [he University failed (0 provide a prompl and equitable response lo a repnn in Mareh 2013 that Ihe Accused alltgedb raped her at an et'tlearnpiis party in February 2013. During of ('omplainanl l's complaint. on 2. 2014. OCR received a complainl tram Cuniplainant 2 i <<03715720321. Complainam 2 alleged that the University did net provide a pmmpi and equilablc rcspuns to her May 2014 University complaint that she vias sexually assaulted by a campus puliee time-er during the Fall 2009 semester, OCR consolidated the invcsiigaiion ol' cinnplainant 2's euniplaint uith the investigation offomplainanl 1's complaint. During the ilnesligalion. reviewed documcnlalion provided by Complainant 11 Complainant 2. and the University including relevant University policies and procedures. case files related In repons nr sexual harassmenl and sexual assault from lanuati 2010 lhmugh Neveniher 2014; conducted an un-sile \isi! in the l'niveraily in April 2014; and inicrviewed L'timplaillanl 1 in January and July 2014. ctirnp1ainant 2 in January 2015. and University students and Universin slaffin 2014 and 201 5, llti mission is to firmlluh' marathon in, riirltaini>> mid i-nsiirnii- tinirtl n-nn nit ,un rate 2 SUMMARY OF OCR found that the University failed to respond and equitably to Complainant l's repon of sexual violence. and failed to take steps to prevent the recurrence of harassment and correct its discriminatory effects on Complainant I. vvith regard to Complainant 2' OCR also found that the University tailed to conduct an adequate. reliable, and impartial investigaliun or Complainant 2's report of sexual assault. and failed to take steps to prevent the recurrence of harassment and correct its discriminatory effects. OCR also found that the University's handling of the majority of other sexual harassment and sexual assault complaints brought by other students from January 20l0 through November 2014 were not prompt and/or equitable. as required by title ix, round that the University's policies and procedures and Notice ot'Non-Discrimination that were in effect at the time of Complainant I's and Complainant 2's report of sexual assault were not compliant with Title IX. When OCR opened this investigation in 2013. the University had five policies to address complaints of sexual harassment and sexual violence. investigatinn round that none orthese policies met Title lX's procedural requirements. in 20lo, the University consolidated all or its previous policies into a single policy that addresses all complaints of sexual harassment and sexual violence that are brought by or against students. employees. and third parties. investigation found that. while the 2015 Title IX policy and procedure made strides towards compliance with Title [X's procedural requirements. several compliance concerns remain. More spectfically. OCR found violations in the areas of th University's Notice of Non- Discrimination: former and revised grievance procedures: itle lX Coordinator's duties. responsibilities and training; record keeping practices. and handling of Complainant l's and Complainant 2's sexual violence complaints. as vvell as the majority or Title IX complaints reported to the University between January 2010 and November 20M. In addition. investigation identified concerns regarding the University's handling or criminal complaints; training provided to the campus community; student climate information; and campus climate assessment and response. OCR also noles that although our investigation identified concerns regarding the University's designation ofresponsible employees and complainant confidentiality. those concerns- were remedied by the 2015 l'itlc 1X policies and procedures, On September 6, 2016. the University voluntarily entered into a resolution agreement (Agreement). which requires that the University take specific steps to address the identified violations. This letter summarizes the applicable legal standards, the evidence gathered during the investigation. OCR's determinations and the remedies the University has agreed to implement to resohe its with Title IX. LEGAL STANDARDS The regulation implementing Title ix. at 34 C.F.R. 106.9. requires a recipient to implement specific and continuing steps to notify all applicants for admission and employment. students and parents. employees. sources of referral of applicants for admission and employment. and all Page is-- unions or professional organizations holding collective bargaining or professional agreements with the recipient that it does not discriminate on the basis of sex in its education programs or activities. and that it is required by Title IX not to discriminate in such a manner. The Notice of Non-Discrimination must also state that questions regarding Title may be referred to the recipient's litle 1X coordinator or to OCR. l'hc l'itle lX implementing regulation. at 34 requires that a recipient designate at least on employee to coordinate its responsibilities to comply with and carry out its responsibil ieb under that law. The recipient is further required. by the Title IX implementing regulation at 34 to notify all students and employees or the name (or title). onice address. and telephone number ot'the designated employcc(s). The Title IX regulation at 34 C.F.R. [06.3] provides generally that. except as provided elsewhere in the regulation no person shall on the basis ol'scx be excluded from participation in. be denied the benefits or? or be subjected to discrimination in education programs or activities operated by recipients of Federal financial assistance. Sexual harassment that creates a hostile environment is a Form of sex discrimination prohibited by Title lX. Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances. requests rur sexual favors. and other verbal. nonverbal. or physical conduct ota sexual nattlre. such as sexual assault or acts of sexual violence. Sexual harassment ofa student creates a hostile environment it the conduct is sulficiently serious that it interferes with or limits a student's ability to panicipate in or benefit from the recipient's program or activity. OCR considers a tarier of related factors to determine if a sexually hostile environment has been created and considers the conduct in question from both an objective and a subjective perspective. Factors examined include the degree to which the misconduct affected one or more students' education: the type, frequency. and duration of the misconduct: the identity of and relationship between the alleged harasscr and the subject or subjects of the harassment: the number of inditiduals 'ltvolvcd: the age and sex alleged harasser and the subject ofth harassment. the size of the school. location of the incidents and the context in which they occurred: and other incidents at the school. The more severe the conduct. the less the need to show a repetitive series of incidents: this is particularly true if the harassment is physical, A single or isolated incident of sexual harassment may, if sufficiently severe. create a hostile environment. For example. a single instance of rape is sufficiently severe to create a hostile environment. Once a recipient knows or reasonably should knon or possible sexual harassment. it must take immediate and appropriate action to investigate or otherwise determine what occurred; and ifthe conduct occurred. whether a hostile environment existed for the complainant(s) and for others. If an investigation reveals that sexual harassment created a hostile environment, a recipient must take prompt and etrective steps reasonably calculated to end the harassment. eliminate any hostile environment, prevent the harassment l'rom recurring and, as appropriate. rcmedy its effects. These duties are a recipient's responsibility. regardless of whether a student has complained. asked the recipient to take action. or identified the harassment as a form of discrimination. A recipient has notice of harassment ifa responsible employee actually knew or. in the exercise of reasonable care. should have knonn about the harassment lfa recipient delays responding to allegations of sexual harassment or responds inappropriately. the recipient's own Page 4 7-- actinn may subject the student to a hostile environment, if it does. the recipient will be required It) remedy effects of both the initial sexual harassment and the effects of the recipient's failure to respond and appropriately. A recipient's obligation to respond appropriately to sexual harassment complaints is the sum: irrespective of (lie sex or sexes of the parties involved. A recipient is responsible under the Title 1X regulations for the nondiscriminatory provision of aid. benefits. and services to students. Recipients generally provide aid. benefits. and services to students through the responsibilities they give to employees lfan employee who is acting (or who reasonably appears to be acting) in the context of carrying out [he employee's responsibilities either conditions an educational decision or benefit on a student's submission to unwelcome sexual conduct. engages in sexual harassment that is sufficiently serious to deny or limit a student's ability to panicipate in or benefit from the program on the basis of sex. [he recipient is responsible for the discriminatory conduct and for remedying any effects of the harassment on the complainant. as as for ending the harassment and preventing its recurrence. This is [rue whether or Itut the recipient has notice ot'the harassment. The itle IX regulation. at 34 C.F.R. requires recipients to adopt and publish grievance procedures providing for the prompt and equitable resolution or complaints alleging any action that vvould be prohibited by Title IX. including sexual harassment and sexual violence. Title lX does not require a recipient to provide separate grievance procedures for sexual harassment complaints. including sexual violence complaints. A recipient may use student disciplinary or other separate procedures for these complaints: hovvevcr. any procedures used to adjudicate complaints of sexual harassment or sexual assault. including disciplinary proceedings. must at'fnrd [hc complainant and the accused a prompt and equitable resolution. BACKGROUND the University is a public university that is part ot'the University System of Maryland (USM). The USM is comprised or 12 postsecondary institutions. including the University. Although the Board of duties include among other things. iorrnulating policies that govern the member institutions. the University is responsible for adopting and implementing its ovvn policies and procedures. When OCR initialed this investigation in academic year 20l3-20l4. the University had 4703 undergraduate students. 2.303 were female and 2.400 (5 were male. and 770 graduate students. ofwhom 466 were female and 304 were male. During the 2015>> 16 academic year, the University had 4961 undergraduate students. of whom 2.544 were female and 2.417 were male. and 786 graduate students. of whom 450 were female and 33b were male. Pursuant to the Jeanne Cicry Disclosure of Campus Security Policy and Campus Crime Statistics Act. 20 C. [092 (Clery' Act). for the past rour reporting years um. 2m. 2014). the Univert reported a total or [8 sex As of the date of the agreement in this matter. [he Unitersity has not reported crime data For 2015. Page 5 FACTS AND ANALYSIS I. Nolice of Non-Discrimlnation l'li: University's Notice of Non-Discrimination was published during the 201344, 2014-15. and the school years on the University's Diversity and Equal Opportunity wehpagc. The Notice of Non-Discrimination does not state that "sex" is a protected basis or that inquiries concerning the application ni'Title 1X may be referred to the Title ix Coordinator or to OCR. In addition. the Notice of Non-Discrimination is not published in each announcement. bulletin. catalog or application form which is used in connection the recruitment of students or employees. or unions or professional organizations holding collective bargaining or professional with the University. In the tick publications in vihich Ihe Notice of Non>> Discrimination is the publication refers to the Policy on Non-Discrimination/Equal Opportunity and states when: it may be located. OCR therefore concludes that the University's Notice of Non~DiscriminatiPage 6 (2m and Violence Procedmti (collectively referred to as the 20m Homtuneni and Violence Pulley and Procedures). The 20m Harassment and Violence Polity replaced all ol' the University's previous Title lx policies and procedures. OCR's investigation found that the University's former Title IX policies and procedures did not satisly the University"; obligation to provide {or the prompt and equitable resolution or complaints olsexual harassment. including sexual violence. In particular. the former Title IX policies and procedures were at times confusing and contradictory to complainants, accused students. members orthe University community. and third parties. Although the Universin has made progress in correcting the deficiencies in the University's former Title IX policies and procedures through the adoption of the Harassmenl and Vlolerlce Policy and Procedures in January 2016. OCR concludes that the revised policy and procedures are not fully compliant with the requirements ut'TitIc lx. Former Title lx Poll ies and Procedures' USM . exmll Anxuull ['01le Revised USM Sexual Assault Policy, (trill lhe Sexual Axum/l Procedures The Sexual Assault and the Revised Sexual Axxuull Pulley (collectively USM Sexual Axxuul/ Follows) were issued by the USM as a directive and guidance to all instiluXiOnS. including the University. about the lequired contents ol'llteir sexual assault policies.' The I Sexual (lull Prnceduret set forth information required by the USM Sexual Assnull I'UllL'lL'x and were specific to the University. while they were published and readily available to the University community. the Procedures did not provide adequate notice to students and employees of the procedures and did not provide for an adequate. reliable. and impartial investigation. including an equal opportunity to present witnesses and relevant evidence. Specifically. the USM Sexual Alxuull Procedures: Provided multiple. and at limes conflicting, options for who may initiate a complaint of sexual assault and to whom it should be made. In one instance. it referred campluinants to the Director of Public Safety, and al another point it identified the University Code of Conduct System reporting system without providing any contact information or details about the process. It also referred complainants to the University Judicial Administrator in the Office for Studenl and Educational Services (S - Directed victims who wished to file a complaint against an employee to file a complaint tvith "the vice president ol'the division in which the accused is employed bul no contact information or procedures were provided. OCR further notes that the l-ormer Title IX All orthe former1ltle policies and procedures. except the Discrimlrla/mrl and Sexual llamas-rum l'lotatlul'aav were publishe the tniversity's Polo; 'iulemenn Bonner, which is an annual University pualteauon available on the Untve 'welasue provided to students. faculty. and stalrhy the Division orStudent that contains policies regarding substance abuse. safety. and standards oreanduet tor students. faculty. and start. The thseumiuannu and Santa] llurusvnteni I'rr'wdlm's were published on the orfice Resource's webpage and the Ollie: or and i tile IX webpagc The included the .l lrtuult Pullt to. in the University's Polio truiemrm Il'nnkle/ which was uninhuted to its students. employees. and third parties. Coordinator and the Dean of Students disputed the University policies and procedures stating that complaints against employees were to be filed with the Title Coordinator. - l-'atled to provide a process for an adequate reliable, and impartial investigation. including an equal opportunity to present witnesses and relevant evidence. Although the Sexual Axxnull Procedural stated hearings for sexual assault would be conducted thmugh the hearing procedures established in the Code quImlem (.'undut'l. OCR's investigation concluded the Code of Sludertl Conduct also did not for an adequate, reliable. and impartial investigation as required by Title IX. - Noted that inquiries eonceming Title lx may be referred to OCR but did not provide OCR's contact information. - Did not provide for the following: designated and reasonably prompt timeframes for major stages of the grievance process. as well as the process for extending timelrames: written notice to the parties of the outcome of the complaint: an assurance that the institution will take steps to prevent recurrence of harassment and correct its discriminatory elt'ects on the complainant and others. irappropriate; interim measures; a statement that the standard of review is the preponderance of the evidence; a prohibition against retaliatory harassment: an adequate definition of sexual harassment; or the right to proceed witlt a criminal investigation and a Title IX complaint simultaneously. therefore concludes that Universit) 's l/SMSL'Xualesaull Policies and the L'S'MSexuul A.\.\1mll Politico Procedurex did not comply with the requirements or Title lx. Sexual Humsxmem ['(Jllt'y The Sexual Harassment Polity pmvided minimal guidance regarding resources available to a ictim ol'sexuttl harassment, such as hovv and where to file a complaint or how such a complaint would be investigated. Although the Sexual Ham. merit I'D/lty defined sexual harassment and provided numerous examples of conduct that could rise to the level of sexqu harassment. neither the definition nor the examples mentioned sexual violence or sexual assault as a form of sexual harassment. In addition. the Sexual Harmxmert/ I'Ullcy did not state whether it applied to students. cmployees, and/or third parties. In additioni the Sexual Hammett: Policy did not provide adequate notice to students and employccs of the procedures, including nhere complaints may be filed. that was casin understood. OCR also determined that the Sexual Haraxomenr I'ollcy did not provide for an adequate. reliable. and impaniai investigation. includina an equal npporluttit) to present witnesses and relevant evidence. While the Sexual Ham men! Pollcy stated that the rights of both the onender and the attended would be protected. including protection from retaliation. it directed the reader to the Dixt'rlmmullon and Sexual Hurt] mem Praceduret. which as set (0th more fully below. did not provide for an adequate, reliable, and impartial investigation. Additionally the Senna! Hum. mem Policy inappropriately stated that assessing whether a particular act constitutes sexual harassment forbidden under this the rules of common sense and reason shall prevail. The standard shall be the perspective of a reasonable person within the campus community." This standard falls short orthe preponderance of the evidence standard required to satist'y l'itlch. Page 87-- ln addition. the Sexual Harassment Policy did not provide for the followin designated and reasonably prompt titnefrtimcs For major stages ofthc grievance process. as well as the process for timeframes: written notice to the parties of the outcome of the complaint: an assurance that the institution will take steps to prevent recurrence of harassment and correct its discriminatory effects on the complainant and others, if appropriate: interim measures; a prohibition against retaliatory harassment: or the right to proceed with a criminal investigation and a Title IX complaint simultaneously. OCR thereier concludes that the University's Swami Harm-smear Policy did not comply vvith the requirements ofTitle lX. undSexuul procedurei' The University's and Sexual Procedures are grievance procedures for filing complaints of discrimination based on race. color. creed. religion. national origin. sex. age, disability, veteran status. and sexual orientation. While the Discriminnlinn and Sexual Procedures adequateh provided for written notice to parties of the outcome of the complaint and prohibited retaliation. they did not proiide for: adequate notice to students and employees of the procedures, including whetc complaints may be filed. that was easily understood: the application or the procedures to complaints alleging discrimination or harassment carried out by employees. other students. and third parties: an adequate. reliable. and impartial investigation. including an equal opportunity to present witnesses and other relevant evidenc - timerramcs for all major stages of the grievnnce process. and/or a process for extending timelines. specifically. the Ditt'rlmmuliml and Swami Harassment Pruccdurcx: 0 Did not provide that the parties had an equal opportunity to provide evidence and witnesses during the investigation. - Did not provide any timeline Mith respect to the informal complaint process. and with respect to formal complaints. the procedures did not provide a timeframe. but instead slated that the Title lx Coordinator would conclude the investigation of the facts as as possible, - Required complaints to be filed within 60 calendar days of the complainant having rcasonable knowledge of the act and complaints against a faculty member were dirccted in he brought within 50 calendar days afier the last day of the semcster in which the incident occurred. 0 Stated that the Title IX Coordinator would make the determination as to whether an investigation of the dispute would be undertaken or it' the matter would proceed to a hearing. but did not state how this determination would be made. - Did not define University community member and it was unclear who could makc a complaint ofdiscritnination or sexual harassment pursuant to these procedures, We note. however. that the Former Title lx Coordinator explained that "member ofthe University community." as stated in the procedures. could include a third party. such as a vendor. While the l; v: xualtssaull I'Hu'e'llulet were clearly intended to set forth the information by the I .V'i/teruol luau/I I'uli several key adn stratots insisted that the and \'ctuul Hulusxlnerll I'romlmei were developed by University to meet the requirements set (orth in the USM Sexual Assault Page 9 Ms. Jerica Bennett 0 Stated that complainants could file with OCR and other agencies. but did not provide contact information for OCR or any other agency. I- included an informal process that did not state that the informal process was voluntary and that mediation may not be used in a complaint of sexual assault or sexual violence. In addition, the Former Title IX Coordinator stated that mediation was an available Option for cases alleging sexual assault. 1? Did not provide the following: an assurance that the University would take steps to prevent the recurrence of harassment and correct its discriminatory effects on the complainant and others, if appropriate; interim measures; or a statement that the preponderance of the evidence was the appropriate evidentiary standard to be utilized. II Prohibited retaliation, but did not contain policies and procedures to protect against retaliatory harassment. - Did not specify that sexual violence is a form of sexual harassment. OCR therefore concludes that the University?s Discrimination and Sexual Harassment Procedures did not comply with the requirements of Title IX. Code of'Studenf Conduct The Code of Student (fondue! set forth conduct that was prohibited by the University and subject to student conduct proceedings. including sexual harassment and sexual offenses labeled as "sexual misconduct and "sexual misconduct The Code qf'Sradanr Conduct appropriately identified the preponderance of the evidence as the evidentiary standard of review for the hearing. In addition, it provided to both parties an equal opportunity to present witnesses and other evidence at the hearing and access to information used at the hearing; the opportunity to hear, question, and challenge adverse testimony or witnesses through the hearing panel; advisers to provide support at the hearing; and the right to appeal the hearing determination. However, it did not provide adequate notice to students and employees of the procedures, including where complaints may be tiled; an adequate, reliable, and impartial investigation. including an equal opportunity to present witnesses and other evidence during the investigation of the complaint; designated and reasonably prompt timeframes for all major stages of the grievance process or a process for extending timeframes; adequate written notice to the parties of the outcome of the complaint; interim measures for the victim; an assurance that the University would take steps to prevent recurrence of harassment and to correct its discriminatory effects on the complainant and others, if appropriate; policies and procedures to protect against retaliatory harassment; or notice to the complainant of the right to proceed with a criminal investigation and a Title IX investigation simultaneously. Speci?cally, the Code of'Smde-m Conduct: 0 Defined sexual harassment, but the definition did not include sexual assault or sexual violence. 0 Stated that any faculty, staff, or student may refer to a University Code Administrator a student or student organization suspected of violating the Code ofSradent Conduct, but it did not provide direction regarding the identity or contact information of the University Code Administratorts) or the process for making such a referral. In addition. investigation found that there was contradictory evidence regarding whether all Page 10 -- complaints against students must be filed under the Fat/e n/Sludom ('nntlut-I procedures: Specifically the Former Title IX Coordinator told OCR that ifa complaint alleged sexual harassment or assault by a student against an employee, the Discrimination Hal-u when: Procedures would appl). That distinction. however. was not evident from the ('nde ofSlurlent - Did not provide that third panies may bring a complaint against a student by invoking the Code of Student Conduct. - Permitted an ace ~etl student to have an attomey present at the hearing if criminal charges were also likely. but the complainant was not similarly entitled to have an attorney present. 0 Provided that. during the sanctioning phase, the referred student may present character references or statements to testify on his or her behalf. but the complainant was not provided an equal opportunity for character witnesses. - Raised a concern regarding the impartiality under the Code o/SIudem Conduct because Key Administrator 2. who served as an advocate rot victims to help guide them through the code a/smdem Conduct process. also scrved as a hearing panel member. - Contained general timerrames. including that referrals should be made in a mcty manner." witness statements will be provided to the parties "in a reasonable time prior to the hearing to allow both parties to review and challenge them." and a written decision shall be sent to the referred student "within a reasonable period ol'time." 0 Provided that a written decision would be sent to the referred student at his/her address or by email within a reasonable period oftimer but it did not provide that the complainant would also receive a copy ol'the outcome in writing. Moreover. ifa victim ofa crime of violence or non-forcible sex wished to receive the results of any disciplinary hearing conducted by the Universil) against a student who was the alleged perpetrator of the crime or offense. he or she was requimd to submit a request in wri ng, in addition. although the Code of Smdt'nl Conduct permitted appeals. it did not provide for written notice to the patties orthc outcome ofthe appeal. - Included the option for mediation but did not state that mediation is not appropriate for cases of sexual assault. OCR also has concerns that the Dean of Students informed OCR that the University conducted only a limited investigation to determine if there was enough information to indicate that w. a likelihood that a violation of policy occurred and that the subsequent judicial panel hearing constituted the University": investigation. OCR therefore concludes that the University's ('ode nfSIudmtt Conduct did not comply with the requirements ofTitlc IX. Title IX Website and 20| 6 Revisions to Title lX Policies and Procedures The University currently has a Title IX wchpage that serves as a comprehensive Title IX resource. The wehnagc identifies the Univenity's Title lX and University Compliance Coordinator (Current Title IX Coordinator) and the Deputy Title IX Coordinator and provides the telephone number and email address for each. We note that Key Administrator 2 is now designated as a Deputy Title IX Coordinator. The wehpagc contains links entitled "reporting options. "sources ofsuppon.""definitionsf reporting form." and "policies and procedures." The reponing options page provides a comprehensive list of the different ways a victim may report sexual harassment or sexual violence. as well as contact information for the University individuals and offices who may provide assistance in doing so. The sources or support page provides detailed information regarding various on and off campus resources available to provide assistance to victims. with accompanying contact information and a short description of each resource. The definitions page includes a deiinition For confidential employee. gender based violence. relationship violence. sexual exploitation. sexual harassment. sexual intimidation. sexual misconduct. sexual violence. retaliation. stalking. interim measures. and responsible employee. OCR notes that the Title IX webpagc states that all employees, except those of the ltcalth center and counseling center. are responsible employees obligated to report incidents of prohibited conduct. The reporting tonn page is an online reporting form. and the cover page also provides instructions for anonymous reporting. The form also states that all reports are directed to [he Title lX Coordinator and pmvides her name and contact information. along with the Contact information for on and off campus resources. l'llc form allows the individual In designate the specific type of misconduct that took place. the location ofthc misconduct, the complainant's identification. the respondent's identification and the details of the incident Lastl, the policies and procedures page includes a link to the 20m Haraxxmenl and Violence Policy and 30M Haraxxmt'm and and Procedures OCR concluded that 2016 Vlalenc'e ['ulit'mx and Procedures are compliant with title lX in a number or areas. The following summary describes the provisions of the 2016 Hanoi-merit and Violence I'oliet'm and Procedum that are not compliant: Although the .7016 Harassment and Violence Procedures provide for Iimeframcs for many otthe major stages of the grievance process. it does not provide timcrrames for all orthe major stages. Specifically. rimcrramcs are not provided for when the Title ix Coordinator or designee will issue a Notice of Investigation to the parties. for when the University will determine appropriate sanctions when the respondent is an employee, or a timeframe for when the l'ille 1X Coordinator or designee will issue a Notice of lm cstigative Finding to the panic>>. The 3016 Harassment and Violence ['01 and Procedures provide that each party will receive written notice or the outcome of a voluntary resolution. the final investigative report. and the appenlt However. the policy does not explicitly state that written notice will be provided to the complainant when the 'l itle IX Coordinator determines that no further action should be taken afler the initial review. OCR therefore concludes that the University's 20l6 Harassment and Violence I'nllt'y mitt Procetlul'ex do not comply with the requirements otTitlc ix 3. Responsible Employees The former Title IX policies and were largely silent with respect to the responsibility of employees to report sexual harassment or sexual assault. Only the Sexual Harassment Policy addressed responsible employees. stating that "members of the University community with race 12-- personal knowledge of incidents or harassment are encouraged. and University employees are required. to report such knowledge to the Title lx Coordinator." By contrast. the current Title lX website and the 20/6 [lurassmenl and Violence Policy and Procedur- inform the campus community or which employees are considered responsible employees and which are considered confidential employees, and define each of those terms. Specifically. it states that responsible employees who learn or or witness prohibited conduct are required to report it to the Title lX Coordinator. and except for confidential employees. all University employees have been designated as responsible employees by the Univers Confidential employees are defined as employees vtho are not required to report incidents. and are limited to employees orthe health and counseling centers. In addition. the 2016 Harassment and l'iotent-o Paliz'y and Procedures advises that the University police can assist individuals in making a rcpon to law enforcement and explains that reporting an incident to the University police will trigger the University police's obligation as responsible employees to report the conduct to the University as well. OCR's has concerns that the previous Title iX policies and procedures did not adequately designate and categorize University employees as either responsible employees or confidential resources. OCR notes. however. that the University's current Title lx policies and procedures do include appropriate designations and categor 4. Confidentiality Prior to 2016 confidentiality was addressed only in the Discrimination and Sexual Hrtractmenl Procedures. which provided that "confidentialin will he maintained In the extent [)c'rmilletl by law. except Instr/Hr or in he disc/med so that the may cmc-tivcty invt igute the matter and take corrective action." The policy did not specifically address factors such as "hen a request for confidentiality would be honored. the conditions under which such a request would not be honored. or the individualts) responsible for deciding whether a complainant's request for confidentiality would be honored. in addition, the former Title ix polici - and procedures did not address how studcnt requests to not pursue campus judicial action would be addressed. The 20"? Hart and Violence Policies and Procedures provide definitions for privacy and confidentiality. explain the differences between each. and state that when a complainant requests that their name or other identifiable information not he shared or that no formal action be taken. the Title IX Coordinator. in consultation with the Title team. will balance this request with the University's obligation to provide a safe and nondiscriminatory environment to the victim and the rest of the community. it' the University is unable to honor the request. the Title Coordinator will inform the victim prior to starting a formal investigation. OCR's has concerns that the previous Title lx policies and procedures did not adequately the University's obligations when a victim requests confidentiality and/or elects not to proceed with a complaint. OCR notes. however. that the University's Title policies and procedures appropriater address the University obligations rcgarding confidentiality. Page 13 Ms. Jerica Bennett 5. Title IX Coordinator The Former Title IX Coordinator was also the University?s Director of the Americans with Disabilities Actt?Equal Employment Opportunity According to the Former Title IX Coordinator. her Title IX Coordinator duties included overseeing all Title IX policies and procedures. working with the athletic department to ensure equity. working with SES on its grievance procedures. keeping abreast of Title IX complaints that were ?led. as well as their conclusions and outcomes. and investigating Title IX complaints that were made by or against faculty or staff. The Former Title IX Coordinator did not oversee all of the University?s efforts to comply with and carry out its Title IX responsibilities and programs. Although the Former Title IX Coordinator was noti?ed of some of the incidents brought against employees and students. the evidence showed that the Dean of Students bore the primary responsibility for the handling of such complaints, with little to no oversight by the Former Title lX Coordinator. Key Administrator 2 also held signi?cant Title IX responsibilities. including serving as a case manager for student victims of sexual assault and assisting students with obtaining services. and with the University?s judicial process. again with little to no oversight by the Former Title IX Coordinator. In addition. based on the information provided by the University and its administrators. OCR found that the Former Title IX Coordinator did not receive suf?cient training and did not suf?ciently implement the University?s Title IX requirements. Information provided by the University also showed. as discussed below. that the Former Title IX Coordinator only received notice of ?ve of 43 reports of sexual violence and assault that occurred from January 2010 through November 20M and. thus. was not in a position to identify problematic individuals. groups. or locations or to assess whether patterns of conduct or serial perpetration occurred that the University should address. OCR also found that. although the Former Title IX Coordinator's name. title. of?ce address. and phone number appeared in some of the University's Title IX policies and procedures. and the University?s sexual assault pamphlet and brochure. it did not appear in widely disseminated publications such as the course catalog. As already noted. it also did not appear in the University?s Notice of Non-Discrimination. USM Sexual Assault Policy. or the University's Sexual Assault Procedures. In January 20! 5. the University named the new Title IX and University Compliance Coordinator (Current Title IX Coordinator). The Current Title IX Coordinator reported to OCR that since she was hired. the University has revised and enhanced the role of the Title IX Coordinator. OCR therefore concludes that the University did not comply with Title IX with respect to the training of the Former Title IX Coordinator and assigning her suf?cient responsibilities and duties. OCR will review and analyze the role ofthe University?s Current Title IX Coordinator during its monitoring of the Agreement. 6. Handling ofCriminal Complaints The University's former Title 1X policies and procedures did not address how the University handled criminal complaints that were brought against students. whether a criminal complaint could trigger a University investigation. or the effect ofa criminal complaint on the University's Title IX investigative process. Notwithstanding. OCR's investigation did not reveal any compliance concerns regarding University's practices regarding the handling or criminal complaints. Tlte University's Chief of University police stated that the University did not have a memorandum of understanding with the local police or state police. but that the University police shared a reporting system with the local police. and had a verbal agreement with the state police that the state police would notify the University police ifa University student was involved in a sexual assault. Subsequently. the University provided a copy or a 2012 Memorandum of Understanding (MOU) between various agencies. including local law enforcement and the Univer. stipulating that the purpose of the agreement is to coordinate multiple agency law enforcement units to investigate violations of Maryland law. The University explained that. under the MOU. University police report major crimes (including sexual assault) to local law enforcement: local law enforcement then provides a trained investigator to conduct the investigation. OCR has concerns that the University's MOU docs nut specifically address the coordination of investigations or sexual harassment and sexual assault. OCR will review and analyze the University's handling of criminal complaints and the MOU during its monitoring or the Agreement. 7. Training OCR found that at the time of the underlying incidents in this complalnl. there were multiple deficiencies in the University's Title iX training. including the quality of th training that was provided to those charged with implementing Title and the University's itle lx grievance procedures. as well as the training that was provided to the campus community. Documentation provided by Ihc University. as well as interviews vtith the Former Title IX Coordinator revealed that the Former Title IX Coordinator and Key Administrator 2. who served as a liaison for victims in the University's Title lX process. were not adequately trained regarding their Title IX responsibilities. ln addition. the University inronned OCR that all employees are required to talte an online training regarding sexual harassment. OCR reviewed the online sexual harassment training materials and round that. while it addressed sexual harassment in the employment context. it did not address sexual harassmenvsexual violence as it relates to students or Title lx. and it did not provide any information specific to the University. such as the University's procedures for reporting sexual harassment/violence or responsible employees. Additionally. while the Former Title IX Coordinator told OCR that responsible employees were inronned of their reporting obl ions during workshops and training, the University did not provide any specific information regarding those workshops or trainings. OCR also notes deficiencies with the training ot'fon'ncr panel hearing members. While the Code ofS/mlml ('rmduc/ stated that all new hearing panel members would participate in an orientation session. it did not provide for specialized training for panel members who sat on panels where the alleged violation was sexual harassment or sexual assault. The University advised OCR. and Key Administrator 2 confirmed. that the Dean of Students provided hearing panel members with training specific to sexual harassment and sexual assault. Panel members also received periodic additional training related to sexual harassment and sexual assaull. such as training by community organizations and the local police. However. one heating panel member told OCR that specialized training was not mandatory for hearing panel members. According to the Current Tille Coordinator. the University has revised and enhanced the training it provides to the campus community. OCR therefore concludes that the University's trai ing of relevant staff and students did not comply with the requirements or Title lx. OCR will review and analyze the training the University currently provides to the campus community during its monitoring ofthe Agreement. 8. Oulreacll OCR found that Universin provided the campus community with outreach regarding issues surrounding sexual harassment and sexual violence in a variety or ways. For example. the President's Advisory Council Against Gender Based Violence (Advisory Council) was comprised of administrators, faculty. and staff and was charged with coordinating programs and distributing information and literature to the campus community. such as a campaign regarding consent. One of the members of the Advisory Cnuncil explained to OCR that the Advisory Council was started in ZDI to bring together stair". faculty. students. and administrators for a coordinated University response for education programming. policy. and training regarding sexual harassment and assault. the time of OCR's visit in April 20H. there were at least tvtu campus--wide programs each semester regarding sexual violence, as well as additional programming for students during the first several weeks orthe academic year where incidents are more likely to occur. Additionally. Title policy statements, including the student conduct process. are emailed to students cvcr) year. Moreover. the Current Title 1X Coordinator advised OCR that the University has revised and enhanced its outreach to the campus community. OCR does not have concerns regarding the Universit)': outreach efforts. 9. Sludent Climale Information and Climate Assessment/Response Key Administrator 2 and Key Administrator I told OCR that the University assesses student climate through the National College Health Assessment ll (the Assessment). The Assessment is a survey that is issued every two years to gauge a number of health-related topics including sexual health. Key Administrator 2 used the survey results to inform the University 5 practices and to address trends regarding sexual harassment and assault. The Univers provided the results or the 2009. 2m I. and 2013 surveys that were completed by undergraduates. OCR has eoncems regarding the low response rate to the surveys: 2m in 2009. 15.8% in 20! Land in 2013. in addition. 70% or the students who responded to the 20l3 survey reponed they did not believe they received inronnation regarding sexual assault from the University. which also gave rise to coneems. In addition. although there are media reports ofa 2015 climate survey. the University did not provide the results to OCR. OCR has concerns regarding the University's assessment of student climate given the hm response ratc or prior surveys. OCR will analyze the University's assessment of student climate during its monitoring ot'the Agreement. 10. Record Keeping Practices In reviewing the data for the 43 other incidents that occurred from January 2010 through November 2014. OCR observed that the University did not provide complete documentation for thirtyone incidents. including witness interviews. investigative reports. communications with parties. vtritten notice outcome to the victim, or documentation confirming that the victim was advised of on-campus and ctr-campus resources including interim measures. Despite the statements of the Dean of Students and Key Admin tor 2. the data revealed that the Former Title IX Coordinator was only nmificd of five ofthe incidents and. thus. was not in a position to identity problematic individuals. groups. or locations. OCR therefore concludes that the University did not have record keeping practices that comply with the requirements or Title IX. ll. Handling of Complainls and Incidents ofSexual Assault and Sexual Violence OCR imesligated whether the University provided prompt and equitable responses to sexual violence complaints. reports and/or other incidents of which it had notice (knew or should have known about). including those filed by the Complainant 1. Complainant 2. and other students' complaints/reports. OCR also investigated whether any failure by the University to and equitably respond to complaints of sexual assaulUviolence ofvvhich it had nolice. resulted in individuals. including Complainant and Complainant 2. continuing to be subjected to a sexually hostile environment. ('omplumtmt 1 Inclden/ Complainant was a senior at the University during the Spring zol 3 semester. She resided in an on Campus residence hall and was involved in student government, The Complainant alleges that. on February 27. 20l3. she was raped by a fellow student (Accused Student) at an campus pany. Soon alter the incident. Complainant leit campus to stay at her parents home. lt is undisputed that. on or about March 3, 20l3. Complainant l's rather called Key Administrator 1 and an employee to inform them that Complainant would be out ofschool for a ten days as a result or the trauma from the rape. (in March 4, mm. Key Administrator notified Complainant l's protessors- that she missed or would be missing some classes due to medical reasons. Key Administrator I oversees various University functions. including but not limited to. student conduct. [t is undisputed that he did not report the alleged rape to SES or anyone else at the University. Key Administrator I told OCR he did not report the incident because Complainant l's t'ather asked him to keep it in confidence and that, although he realized he had to report it at some point. he wanted to have a conversation with Complainant 1 before doing so in order to make her aware of his obligations. Key Adm rator I also told OCR that a conversation with Complainant became unnecessary because within a week of his conversation with Complainant I's father. the Dean of Students informed him that Complainant I had reported the incident to the police. On March 3. 2013. Complainant 1 reported the incident to the state police. The Chier of Unitcrsity police told OCR that one of her ot'ficers notified her ot'Complainaut I's report to the state police. and that it is her office's practice to immediately notify the Dean of Students or the Title Coordinator of any such reports. However. OCR's investigation did not find evidence showing that the campus police informed SE8 or the Titlc Coordinator of Complainant l's report to the state police. In addition, the Dean ofStudents told OCR that SES did not learn of tht: incident until March 20l3. when Complainant I returned to campus and discussed the situation with him. Complainant I told OCR that. during her March 14. 2013 meeting with the Dean of Students she told him that she did not feel safe on campus because, following the incident. the Accused Student tried making contact with her several times. and started following her on campus. In response, by email dated March 14. 2013. and in person on that date, the Dean of Students advised Complainant and the Accused Student to avoid any contact with the other either in person. written. verbal or electronic form. In addition. Complainant I told OCR that the Dean of students inrormed her that she could receive counseling from the University's counseling center or a community counseling center. but that he did not discuss any other interim measures with her. the Dean of Students. however. told OCR that he provided Complainant with a pamphlet that described all available interim measures. OCR reviewed the pamphlet and found that. with respect to interim measures. it stated only that "a survivor may request altentative academic. living. or employment situations it'such alternatives are available. fcasible. and appropriate to the facts of the sexual assault." After the incident. Complainant 1 moved back homc with her parents who lived about one hour away because she did not feel safe and she continued to see the Accused Student on campus. Complainant informed OCR that. as a result ofthe incident. she experienced some diflieulty in her classes. The only interim measures onered by the University were an alter for counseling. as well as to allow her a late withdrawal from her classes and an offer to contact her professors to explain that the she was having difficulties because of the incident. Complainant i chose to finish her classes and made arrangements with all of her teachers on her own in order to complete her coursework. Last. Complainant I told OCR that she was initially told that she noutd facc disciplinary action for engaging in underage drinking the night ofthe incident. There is no dispute that Complainant was not disciplined for engaging in underage drinking the night of the incident. However. the Dean of Students acknowledged to OCR that he counseled Complainant about her consumption ofalcohol the evening of the incident. On March 14. 2013. the Accused Student was criminally charged with rape and other offenses as a result of Complainant I's report to the state police. The state police notified the campus police ofthe charges. and on March 15. 2013. the Chief of University police called SES and advised the Assistant Dean that the Accuscd Student had been charged with rape. Upon review or the of charges. the University lcarncd that there was information to indicate a possible Page 18-- violulion ol' University policy. The Dean of Students proceeded with setting up ajudieial board hearing panel. The judicial board hearing was originally scheduled for April 2. 2013; however. at the request or the Accused Student's attorney. the hearing was delayed until April 12. 2013. Complainant told OCR that she was not aware that she could have retained an attomey to represent her or requested to reschedule the hearing. in addition. Complainant told OCR that she provided the Dean tit Students with a list ot'several witnesses to be interviewed: however only a few of them were contacted. Moreover. a few days before the judicial board hearing. at the request of the Accused Student's attorney. two of the Accused's character witnesses were added to the hearing list and the record was supplemented with reference letters. OCK's investigation found that Complainant was not provided with the opportunity to provide character witnesses or reference letters. There is no dispute that. prior to the judicial board hearing the Accused Student violated the no- contact directive. a rcsulL University developed a schedule for the Accused Student and Complainant I. It is also undisputed that subsequent to the development orthe schedule the Accused Student violated the agreement on scparatc occasions. A "show cause" hearing was scheduled for the Accused on April ll. 2013 to determine if any additional action was nccessar) in accordance with the Policy Statement Booklet. Complainant was not made aware that this hearing was taking place and she was not a panieipant in the University's proceedings regarding the Accused Student's violation of the restricted hours. As a result of the April ll. 2013 hearing. it was agreed that. except to attend class. the Accused Student would be restricted to an area ofcampus close to his residence hall. Ke) Administrator 2 informed Complainant of these restrictions after the hearing. The Dean of Students told OCR that the University did not consider the Accused Student's violations of the no contact order to be a form of sexual harassment The hearing to address Complainant l's allegation of rape was held on April 12. 20l3. the Dean of Students explained that the Accused Student was permitted to have an attorney present at the hearing in accordance with the Cade o/Sludcnl Conduct. and that Complainant was also permitted to have an attomcy present. When asked how Complainant would have been aware that she had this opportunity. the Dean of Students stated that he told her that she could have a support person present. However, the Complainant indicates that she was never notified that her support person could be an attorney. The evidence reflects that Complainant was able to secure a friend otthe family who is an attorney to be her suppon person during the hearing. Complainant told OCR that none of the Accused Student's evidence was shared with her before the hearing. which the Dean of Students denies. In addition, she told OCR that was not aware that she could bring physical evidence to the hearing. and was upset when she learned that the Accused Student brought such evidence. As noted. while the Accused Student was permitted to submit character witnesses. Complainant l's request to submit similar witness statements was denied As a result or the hearing. the Accused Student was found responsible for Sexual Misconduct 1. Sexual Misconduct ll. and Endangering the Health and Safety of Self/Others. On April 16. 20B. the University issued the following sanctions: suspension through the end orthe Fall 2m: Pass I9-- semester: requirement to reapply for readmission; designated as persona non grata on the University's campus throughout the duration ot' the suspension; and ifreadmilted, disciplinary probation through graduation. The Disposition gave the parties five business days to appeal the outcome. and directed the ponies to the Code or Studenl Conduct for information regarding appeals. doth panics filed appeals. Pursuant to University policy. the Accused Student "as permitted to remain on campus pending the outcome of the appeal and the April ll. 20l3 restrictions on his movement on campus rcmaincd in place. Afier the judicial board hearing. Complainant I informed University officials that the Accused Student again violated the no contact agreement. In response. the Dean of Students informed the Accused Student in writing that he was required to leave campus immediately due to reports from the University policc indicating that he had violated the no contact order. The Dean of Students held another "Show cause hearing" on April 22, 2013 by phone. There is no transcript or written record or this hearing. and OCR continued that Complainant did not attend the hearing. The Dean of Students told OCR that Complainant was asked to provide a statement for the hearing. As a result otApt-il 22. um show cause hearing. the Accused Student was charged with "Refusing a Reasonable Request and Harassment." and an administrative hearing was scheduled to adjudicate these charges on May 14. 2013. On April 26. 2013. Key Administrator sent written notice to the Accused Student and Complainant denying their appeals and notifying them that the outcome ol'the hearing on April l2. 20| 3. took effect immediately. As a result oftlte May I4. 2013 administrative hearing to adjudicate the charges of Refusing a Reasonable Request and Harassment. the Accused Student pled responsible for Refusing a Reasonable Request and agreed that he would not reapply or otherwise he readmitted to the University following the one year suspension. OCR notes. however. that no disposition was made with respect to the harassment charge. The University described the outcome as a "permanent suspension from the University." Complainant received notice of the outcotne of the administrative hearing via email from the Dean of Students. including that the Accused Student would no longer be eligible to return to the University. However. OCR notes that the University did not provide Complainant a copy of the disposition of the hearing. despite her request. OCR further notes that the University did not consider the hearing regarding the Accused Student's failure to abide by the no Contact order to be a hearing governed by the requirements of'l'irle 1X. ANALYSIS of Complainanll Incident: Based on the investigation. OCR concludes that the University failed to respond and equitably to Complainant 1's report or sexual violence. Additionally. OCR concludes that Complainant was subjected to a sexually hostile environment. and continued to be subjected to a hostile environment due to the University's failure to provide adequate interim measures and to take steps to stop the harassment and prevent its recurrence. Page 20 -- Firs the University did not respond afler two mandatory reporters had notice of the in dent. Although Key Administrator I. anothcr employee. and the campus police learned or the incident on or about March 3, 2013. OCR's investigation found that the University did not initiate any action until Complainant herselt'reported the incident to the Dean of Students on March I4. 2013. Although Key Administrator I told OCR he did not initiate any action regarding the incident because Complainant rather asked him to keep it in confidence. OCR notes that while a complainant's request for confidentiality is a factor a recipient should consider. a university must take action to address incidents upon receiving notice of them. including but not limited to whether honoring a request for confidentiality is appropriate under tlte circumstances presented. OCR's investigation did conclude. however, that once Complainant I reponed the incident to the Dean of Students. the University did move forward to hold a hearing and address the subsequent appeal. In addition. the University did not adequately provide Complainant with interim measures. Although the Dean of Students put a no contact order in place. it was not effective in keeping the Accused Student away from Complainant I. as evidenced by the Accused student's multiple violations of the no contact order, in addition. although Key Administrator 2 was assigned as Complainant l's suppon person and information was provided to Complainant I about availablc counseling services. the evidence did not show that the University provided her with guidance regarding the full range of available interim measures. Further. OCR found that in some instances. Complainant I arranged for interim measures. such as altemativc coursework. on her own. The University's investigation of the incident involving Complainant was not adequatc. reliable or impartial. The University conducted only a cursory investigation that consisted of speaking to several student witnesses and reviewing the police repon prior to holding a hearing regarding the incident, However. the Universi did not interview or invite all of the relevant witnesses identified by Complainant to the hearing. even though it considered the hearing to be its investigation. In addition. both parties did not have equitable access to an attorney because Complainant was not informed that she could have counsel present until the day orthe hearing. Although Complainant was able to find an attorney to accompany her to the hearing. unlike the A"uscd Student. she did not have the benefit of being represented by counsel throughout the University's Furthermore. Complainant was not afforded the same opportunity to provide character witnesses as the Accused Student. OCR also has concerns thal Key Adminisltator 2. who served as a victim's advocate. also served as a member of the hearing panel. which may have posed a potential conflict or interest at the time. OCR's investigation was not able to resolve the factual dispute regarding whether Complainant was denied access to the Accused 'tudent's evidence prior to the hearing. Despite its written policies. the university employed the correct standard or ot'the evidence). informed the panics ot' the status of the investigation. and provided both parties with an equal opportunity to appeal the outcome otthe hearing. The University provided the parties with written notice ofthe outcome ofthe hearing and appeal pertaining to the incident. in addition. the evidence reflects that Complainant i received email notification of the outcome of the May 14, 2013 administrative hearing tbal addressed the Accused Student's failure to abide no Contact order. However. the University erroneously did not treat the Accused Student's failure to abide by the no contact order as a violation of Title Pagan IX. and as such. it did not provide Complainant I with all of the information regarding that proceeding as required by Title ix. such as the hearing disposition form. The evidence also reflects that the University took actions that could have a chilling effect on students reponing incidents of sexual assault. Specifically, Complainant perceived the Dean of Students as having suggested she could receive discipline for having engaged in underage drinking the night ofthe and the Dean of Students confirmed that he counseled Complainant I regarding her consumption of alcohol on the evening ofthe incident. t'ompinmnm 2 Inc-idem On May 20. 2014.just prior to her graduation from the University, Complainant 2 reported to the Former Title Coordinator that a campus police omcer sexually assaulted her in his police vehicle during the fall 2009 semester. OCR's investigation found that after meeting with Complainant 2. the Former Title IX Coordinator immediately contacted the campus police. and the campus police turned the case over to the county authorities. The Chief of University police and the Former Title IX Coordinator told on that they informed Complainant 2 of available University and community resources. Complainant told OCR that the Former Title IX Coordinator did not provide her with any information regarding her reporting options. but rather. only took her information and then about 20 minutes later the Chief of University police called her and asked her to come in for an interview with investigators from the County, which she did. Complainant 2 also told OCR that site had received counseling from the University counseling center immediately following the incident and that she received an email from Key Administrator 2 detailing outside resources after she reported the incident to the Former Title IX Coordinator. The Chief of University police told OCR that she kept in touch with Complainant 2 throughout the summer and provided OCR with copies of text message exchanges between July and September 2014 in which she on Complainant 2 and provided her with updates on her criminal The Universi asserts that no additional remedial measures or accommodations were deemed necessary for Complainant 2. as she graduated from the University and left the area shortly after making her report. Complainant 2 continued that she graduated the day alter she made her report and left campus shortly thereafterto begin ajoh in anotherjurisdiction. The University suspended the police officer on May 23, 20". As a result of the criminal investigation. on May 29l 2014. the officer was criminally charged. On September 9. 20M. the police officer pled guilty and the plea required that he. among other things. not have any contact with Complainant 2r resign from the campus police department. and provide information to the county police as to similar activities known to him that occurred within the campus police. In addition. the Chiefof University police informed OCR that during the course of the criminal investigation of the police officer. she received an anonymous letter regarding possible misconduct by another University police officer (Officer 2). [n additions a witness who was interviewed during the investigation of Complainant Z's incident. provided information that coincided vvith the allegation in the anonymous letter, The Chieror University police explained that in response to the anonymous letter. she requested a law enforcement investigation of Officer 2. and that the police explored the allegations but they were not able to substantiate the allegations. The Fourier Title IX Coordinator told OCR that. while she received an Page 22 Ms. Jerica Bennett administrative internal summary of the investigation of the incident from the Maryland State Police. she never reviewed the summary because it was sealed, and she had no reason to believe that other officers engaged in misconduct, or that there were other student victims. The Chief of University police and the Former Title IX Coordinator told OCR that the University referred the matter to the police and did not conduct a separate Title lX investigation independent of the police investigation. They also explained to OCR that investigations of police conduct are conducted pursuant to the Law Enforcement Officers Bill of Rights, which, in this instance, was conducted by the Maryland State Police Internal Affairs unit. While Complainant 2 did not receive a copy of the summary of findings from the Maryland State Police. the Chiefof University police stated that Complainant 2 was advised ofthe plea bargain. ANALYSIS of Complainant 2 Incident: The University failed to conduct an adequate, reliable. and impartial investigation ofthe incident involving Complainant 2. and failed to take steps to prevent the recurrence of harassment and correct its discriminatory effects with respect to Complainant 2. Speci?cally, the evidence re?ects that the University failed to respond to Complainant 2?s report of sexual assault by conducting a simultaneous Title IX investigation. In addition, because the campus police officer committed the sexual assault in the context of carrying out his responsibilities as an employee, the University was reSponsible for the discriminatory conduct and for remedying any effects of the harassment on Complainant 2, as well as for ending the harassment and preventing its recurrence. Moreover, the University erroneously determined that it did not have any obligations to Complainant 2 under Title IX because she had graduated from the University soon after making her report. Although the University provided some limited information regarding counseling services. it determined that additional services were not necessary because Complainant 2 graduated from the University the day after making her report, and thus, Complainant 2 was not offered the full range of remedial services. Thus, OCR concludes that Complainant 2 was subjected to a sexually hostile environment due to the University's failure to respond to her complaint. incidents Involving Other Students OCR also reviewed documentation for all student complaints or reports of sexual harassment or sexual violence from January 2010 through November 2014. In total there were forty-three formal and informal complaints or reports made during that time period. As set forth below, OCR identified several general deficiencies in the way in which the University processed complaints of sexual harassment and assault from January 2010 through November 20M, which further support findings that the University failed to provide for adequate. reliable, and impartial investigations?: In one of the incidents, the University had not yet completed its investigation at the time it provided responsive data to OCR. OCR notes, however, that the University never provided subsequent documentation demonstrating that the incident had been fully investigated and/or resolved. 4 In separate correspondence to the University, OCR provided specific case numbers for each issue area referenced below. In five in dents. the University did not conduct an investigation under its Title policies and procedures. but instead relied upon the local police or the campus police to conduct an investigation. Additionally. the documentation provided by the University did not show that in any of these five incidents. University staff. including Dean of Students. the Fonner 'l'itle 1X Coordinator. or Key Administrator 7. were advised of the incident. In one ot'the incident; the University did not complete its investigation at the request of local law enforcement. who requested that the University delay its investigative process in order to not compromise tlte integrity of the criminal investigation. However. the documentation provided by the University is insullicient to demonstrate that the University completed its investigation once the police completed gathering evidence. As noted above. a recipient has an independent responsibility under title to investigate an incident of sexual harassment/sexual assault. apart from any separate criminal investigation. Similarly. a recipient should not wait for the conclusion of a criminal investigation or criminal proceeding to begin its own Title IX investigation. Although a recipient may need to delay temporarily the fact-finding portion oi'a Title lX investigation while the police are gathering evidence. it should not permanently cease all investigatory activl es. ln nine or the incidents. the University did not proceed with an investigation at the victim's request. A school should weigh and consider requests for confidentiality carefully. vlhile at the same time it must consider its responsibility to provide a safe and nondiscriminatory for all students. including the student who reported the sexual violence. This requires a balanced. deliberative approach to each individual request from a victim. Hottever. the documentation provided by the University does not demonstrate that the University engaged in a deliberative determination regarding whether. in each inslancc. it could honor the victim's request not to proceed. and whether that decision was balanced against the need to keep the community safe. in six or the incidents. the University did not proceed with an investigation because the incident occurred on' campus or involved a non-student victim or perpetrator. Thus. in these six incidents. the University did not make a determination regarding whether the conduct occurred in the context of an education program or activity. or had continuing etTeets on campus. or in an ott-campus education program or activity. In one of the incidents. the University did not conduct an investigation in accordance with its policy and procedures. and instead resolved the complaint informally. even though there were at least two additional complaints filed against the same alleged perpetrator. Because the University did not conduct a fnrmal investigation. it never determined whether the victim or other students experienced a hostile environment. and thus. did not provide appropriate remedies. In addition. there were twenty-four cases in which the documentation did not support that the victim was advised orthe available on campus and otrcampus resources. including counseling. OCR found that the University conducted an investigation under its Title IX policies and procedures in thirteen of the forty-three incidents. of those thirteen investigations. in two of the cases identified by OCR. the documentation did not support that the victim was provided with interim measures. and. as noted above. in many cases the documentation did not support that the victim was advised of the available on campus and of? campus resources. including counseling. Title requires a school to take steps to ensure equal access to its education programs and Page 24 -- activities. and to protect the victim. as necessary. including taking interim measures before the final outcome ofthe investigation and to take steps to end the harassment and correct its elTects. once a tinal determination is reached. Imposing sanclions againsl the perpetrator. without more. likely will not eliminate the hostile environment. prevent its recurrence. and effectively remedy its el'l'eets. in addition to the thincen incidents vthich were investigated by the Univcrsi there was one case in which the documentation showed that the accused student was advised of his right to have witnesses at the hearing. while the victim was not. and there were nine cases in which the documentation did not support that the parties were allowed to provide evidence and witnesses. As noted above. a school's grievance procedures should provide for the adequate: reliable and imponial investigation of complaints in which both parties are provided an equal opponunity to present witnes. . and deuce. While a school has flexibilily in how it structures the investigative process. ror Title 1X purposes. a school musl give both the complainant and the alleged perpetrator any rights that it gives to one of them. A balanced and fair process that provides the same opportunities to both parties will lead to sound and supportable decisions. Similarly. while schools are required to provide a prompt and equitable response to all Title IX complaints. in one of the thineen incidents which were investigated by the University, the Uni\crsily did not provide a prompt and equitable response. as the complaint was not resolved for nearly l0 months. Last. in eight of the thineen incidents which were investigated by the University. the documentation is not sufficient to demonstrate that the victims were notified of the outcome ofthe investigation in writing. as required by Title IX, Moreover, OCR has further concerns because in one orthc the alleged perpetrator withdrew prior to the matter being addressed by a panel hearing and a judicial hold was placed on his student account, meaning that the alleged perpetrator could not be readmitted to the Ultiwrsity until afier the hearing was held. This Is in direct contravention with the University's grievance procedures, which state: "Withdrawal from the lt'mversily nfier a violation report has rim the student from the hearing Students It'hrlfall la appear aficr pr'uper Ito/Ice may be deemed Ia have pleaded responsible in the charges pending ugamxl them." As set forth above OCR also notes significant concems regarding the University's record- keeping practices. Specifically OCR requested that the University provide a copy of all investigative reports. findings or other documents that describe the outcome and resolution. including a description of all the remedies and sanctions resulting from the decision. In twent) three cases. the investigative file provided by the University was incomplete and missing specific documentation referred to in the cover sheet that the University developed to respond to OCR's request for information regarding each incident. In addition. it is unclear from the data whether the ini'onnation was monitored by anyone at the University. in fact, the evidence t'eflecls that the Former Tille lX Coordinator was only advised of five of the incidents. While the University asserts that th: Former Title IX Coordinator was advised of an additional two incidents, it did not provide any documentation substantiating this assertion. A Title IX coordinator's core responsibilities should include overseeing the school's response to Title IX reports and complaints, and identifying and addressing any systemic problems. Pace 25 -- These issues are addressed in the Resolution Agreement which requires the University to reassess the comparative cases where OCR identified deficiencies. using its revised policies and once they are approved by OCR. and to make improvements in its record keeping practiccs, CONCLUSION OCR determined that the University's policies and procedures and its Notice or New Discrimination are not compliant with the regulation implementing Title tX. at 34 C.F.R. tools and 106.9. in addition, OCR determined that the University tailed to provide prompt and equitable responses to complaints of sexual violence of which it had notice including the complaints/reports made by Complainant 1, Complainant 2. and other students. in violation of the rcgulation implementing Title IX. at 34 C.F.R. 106.3l, OCR also determined that the University's failure to provide an equitable response to complaints or sexual harassment/violence allowed Complainant 1. Complainant 2. and possibly other students to be subjected to a sexually hostile environment that denied or limited the students' ability to panicipate in or benefit from the school's program. in violation M34 C.F.R. 105.31, RESOLUTION On September a, 20l6. the University provided OCR with the enclosed signed Resolution Agreement. which addresses the compliance concerns identified in OCR's investigation and. when fully implemented. will resolve University's noncompliance with Title in accordance with the Agreement. the University agrees to: - Publish an anti-harassment Slalemcmt revise its Title grievance procedures. altd ensure that the responsibilities of the Title IX Coordinator and any Deputy Coordinators arc consistent Title ix. 0 Provide training to ensure that all members of the University community 7 including students. faculty, administrators, and other Staff'7 are trained regularly on issues related to sexual harassment and on the requirements of Title tX. - Reinvestigatc and/or intestigatc the comparative incidents in which OCR determined that the University failed to conduct an adequate investigation. provide written notice of remedial services for the comparative incidents in which OCR determined that the University failed to provide such services. and provide written notice of the outcome of the complaint for the comparative incidents in which OCR determined that the University failed to provide such notice, . Review the complaints and repom ofsexual harassment and/or sexual assault made from January I. 2010 through the date orthe Agreement. to determine whether the University investigated each complaint or repon and equitably. . Enhance its outreach to and feedback from students including by conducting an annual climate check or series of climate checks with students on campus to assess the effectiveness of steps taken by the University towards providing a campus free orsexual misconduct. in addition, the University will convene a committee. composed of staiT and students. to develop a plan for educating students and employees about sexual harassment and assault. Page 26 0 Provide OCR Willi case files and other information concerning all incidents of alleged sexual harassment or sexual assault at the University for the next two academic years. - Rellnburse Complainant and Complainant 2 for expenses for counselinyacademic/therapy services for the assessment and/or treatment of lingering effects trt'the incidents that are the subject ot'this complaint. OCR "ill monitor implementation of the Agreement. if the University fails to implement the Agreement OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms and obligations of the Agreement. Before initiating administrative enforcement (34 100.9. 100.10). or judicial proceedings to enforce the Agreement. OCR shall give the University written notice ot'the alleged breach and a minimum of sixty (60) calendar days to cure the alleged breach. This concludes OCR's investigation ofthe complaint and should not be interpreted to address the University's compliance with any other regulatory provision or to address any issues other than those addressed in this letter. This letter sets forth determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon. cited. or construed as such. OCR's formal policy statements are approved by a duly authorized OCR official and made available to the public. The complainant may have the tight to tile a private suit in federal court whether or not OCR finds a violation, Please be advised that the University may not harass. coerce. intimidate. or discriminate against any individual because he or she has filed a complaint or participated in the complaint resolution process. [t'this happens. the complainant may file another complaint alleging such treatment. Under the Freedom of information Act. it may be necessary to release this document and related and records upon request. in the event that OCR receives such a request. we will seek to protect, to the provided by law. personally identifiable information. which, if released. could reasonably be expected to constitute an unwarranted invasion of personal privacy. Should you have any questions. please contact Amy Niedzalkoski. Team Anomey at 215-656- 857| or a Sincerely. (7 Beth Gellman-Becr Supervisory Attorney OCR Philadelphia Enclosure UNITED STATES DEPARTMENT OF EDUCATION DELAWARE OFFICE FOR RIGHTS KENTUCKY Iggy: MARYLAND THE WANAMAKER BUILDING, SUITE 515 . M.- 100 PENN SQUARE EAST PHILADELPHIA. PA Willi-3323 September 9, 2016 IN RESPONSE, PLEASE REFER TO: 03-13-2328 03-15-2032 Dr. Ronald Nowaczyk President Of?ce of the President Frostburg State University It)! Braddock Rd. Frostburg. MD 21532-2303 Dear Dr. Nowaczyk: This letter is to inform you that the US. Department of Education (the Department), Office for Civil Rights (OCR). has completed its investigation of the above-referenced complaints ?led against Frostburg State University (University). OCR investigated whether the University failed to and equitany respond to complaints, reports, andfor incidents of sexual harassment and sexual violence of which it had notice, including Complainant 1's and Complainant 2?s report of sexual assault, and whether as a result, students, including Complainant I and Complainant 2, were subjected to a sexually hostile environment. OCR investigated this case under the authority of Title IX ofthe Education Amendments of 1972 (Title IX). Title IX and its implementing regulations, 34 CPR. ?106, prohibit discrimination on the basis of sex in education programs and activities operated by recipients of Federal ?nancial assistance from the Department. The University receives such Federal Funds and, therefore, is a recipient subject to the requirements of Title IX. In her July 29. 20l3 complaint filed with OCR, Complainant alleged that the University failed to provide a prompt and equitable response to a report in March 20 3 that the Accused Student allegedly raped her at an off-campus party in February 2013. During investigation of Complainant 1?s complaint. on December 2. 2014, OCR received a complaint from Complainant 2 (Case #03-15-2032). Complainant 2 alleged that the University did not provide a prompt and equitable response to her May 2014 University complaint that she was sexually assaulted by a campus police of?cer during the Fall 2009 semester. OCR consolidated the investigation of Complainant 2?s complaint with the existing investigation of Complainant 1's complaint. During the investigation, OCR reviewed documentation provided by Complainant 1. Complainant 2, and the University, including relevant University policies and procedures. case ?les related to reports of sexual harassment and sexual assault from January 20H) through November 20M: conducted an on-site visit to the University in April and interviewed The Department til-Edurntion's is to meIInle student achievement {out preparatimrfor global competitiimirss In; )bstering educational excellence and ensuring equal access. . Ed . EU Page 2 Dr. Ronald Nowaczyk Complainant in January and July 2014, Complainant 2 in January 2015. and University students and University staff in 2014 and 2015. SUMMARY OF FINDINGS OCR found that the University failed to respond and equitably to Complainant 1?s report of sexual violence. and failed to take steps to prevent the recurrence of harassment and correct its discriminatory effects on Complainant 1. With regard to Complainant 2, OCR also found that the University failed to conduct an adequate, reliable, and impartial investigation of Complainant 2?s report of sexual assault, and failed to take steps to prevent the recurrence of harassment and correct its discriminatory effects. OCR also found that the University?s handling of the majority of other sexual harassment and sexual assault complaints brought by other students from January 2010 through November 2014 were not prompt andfor equitable, as required by Title IX. OCR found that the University?s policies and procedures and Notice of Non-Discrimination that were in effect at the time of Complainant 1?s and Complainant 23 report of sexual assault were not compliant with Title IX. When OCR opened this investigation in 2013, the University had five (5) policies to address complaints of sexual harassment and sexual violence. investigation found that none of these policies met Title procedural requirements. In 2016, the University consolidated all of its previous policies into a single policy that addresses all complaints of sexual harassment and sexual violence that are brought by or against students. employees. and third parties. investigation found that, while the 2016 Title IX policy and procedure made strides towards compliance with Title lX?s procedural requirements, several compliance concerns remain. More speci?cally. OCR found violations in the areas of the University?s Notice of Non- Discrimination; former and revised grievance procedures; Title IX Coordinator?s duties, responsibilities, and training; record keeping practices, and handling of Complainant 1's and Complainant 2?s sexual violence complaints, as well as the majority of Title IX complaints reported to the University between January 2010 and November 2014. In addition, investigation identified concerns regarding the University?s handling of criminal complaints; training provided to the campus community; student climate information: and campus climate assessment and response. OCR also notes that although our investigation identi?ed concerns regarding the University?s designation of responsible employees and complainant confidentiality. those concerns were remedied by the 2016 Title IX policies and procedures. On September 6, 2016, the University voluntarily entered into a resolution agreement (Agreement), which requires that the University take speci?c steps to address the identi?ed violations. This letter summarizes the applicable legal standards, the evidence gathered during the investigation, OCR's determinations and the remedies the University has agreed to implement to resolve its non-compliance with Title IX. LEGAL STANDARDS The regulation implementing Title IX, at 34 CPR. 106.9. requires a recipient to implement specific and continuing steps to notify all applicants for admission and employment. students and Page 3 Dr. Ronald Nowaczyk parents, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with the recipient that it does not discriminate on the basis of sex in its education programs or activities, and that it is required by Title IX not to discriminate in such a manner. The Notice of Non-Discrimination must also state that questions regarding Title IX may be referred to the recipient?s Title IX coordinator or to OCR. The Title IX implementing regulation, at 34 C.F.R. requires that a recipient designate at least one employee to coordinate its responsibilities to comply with and carry out its responsibilities under that law. The recipient is further required. by the Title IX implementing regulation at 34 C.F.R. to notify all students and employees of the name (or title), of?ce address, and telephone number of the designated employee(s). The Title IX regulation at 34 C.F.R. 106.3] provides generally that. except as provided elsewhere in the regulation, no person shall on the basis of sex be excluded from participation in, be denied the bene?ts of, or be subjected to discrimination in education programs or activities operated by recipients of Federal ?nancial assistance. Sexual harassment that creates a hostile environment is a form of sex discrimination prohibited by Title IX. Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. such as sexual assault or acts of sexual violence. Sexual harassment ofa student creates a hostile environment if the conduct is suf?ciently serious that it interferes with or limits a student's ability to participate in or bene?t from the recipient?s program or activity. OCR considers a variety of related factors to determine if a sexually hostile environment has been created and considers the conduct in question from both an objective and a subjective perspective. Factors examined include the degree to which the misconduct affected one or more students? education; the type, frequency, and duration of the misconduct; the identity of and relationship between the alleged harasser and the subject or subjects of the harassment: the number of individuals involved; the age and sex of the alleged harasser and the subject of the harassment. the size of the school, location of the incidents, and the context in which they occurred; and other incidents at the school. The more severe the conduct, the less the need to show a repetitive series of incidents; this is particularly true if the harassment is physical. A single or isolated incident of sexual harassment may, if suf?ciently severe. create a hostile environment. For example, a single instance of rape is suf?ciently severe to create a hostile environment. Once a recipient knows or reasonably should know of possible sexual harassment, it must take immediate and appropriate action to investigate or otherwise determine what occurred; and ifthe conduct occurred. whether a hostile environment existed for the complainantts) and for others. If an investigation reveals that sexual harassment created a hostile environment. a recipient must take prompt and effective steps reasonably calculated to end the harassment, eliminate any hostile environment, prevent the harassment from recurring and, as appropriate, remedy its effects. These duties are a recipient?s responsibility, regardless of whether a student has complained. asked the recipient to take action, or identi?ed the harassment as a form of discrimination. A recipient has notice of harassment if a responsible employee actually knew or, in the exercise of reasonable care, should have known about the harassment. if a recipient delays responding to allegations of sexual harassment or responds inappropriately, the recipient's own action may subject the student to a hostile environment. If it does, the recipient will be required Page 4 Dr. Ronald Nowaczyk to remedy the effects of both the initial sexual harassment and the eflects of the recipient?s failure to respond and appropriately. A recipient?s obligation to respond appropriately to sexual harassment complaints is the same irrespective of the sex or sexes of the parties involved. A recipient is responsible under the Title IX regulations for the nondiscriminatory provision of aid. bene?ts. and services to students. Recipients generally provide aid. benefits. and services to students through the responsibilities they give to employees. If an employee who is acting (or who reasonably appears to be acting) in the context of carrying out the employee?s responsibilities either conditions an educational decision or bene?t on a student?s submission to unwelcome sexual conduct. or engages in sexual harassment that is sufficiently serious to deny or limit a student?s ability to participate in or benefit from the program on the basis of sex. the recipient is responsible for the discriminatory conduct and for remedying any effects of the harassment on the complainant, as well as for ending the harassment and preventing its recurrence. This is true whether or not the recipient has notice of the harassment. The Title IX regulation. at 34 C.F.R. requires recipients to adopt and publish grievance procedures providing for the prompt and equitable resolution of complaints alleging any action that would be prohibited by Title IX, including sexual harassment and sexual violence. Title IX does not require a recipient to provide separate grievance procedures for sexual harassment complaints. including sexual violence complaints. A recipient may use student disciplinary or other separate procedures for these complaints; however. any procedures used to adjudicate complaints of sexual harassment or sexual assault. including disciplinary proceedings. must afford the complainant and the accused a prompt and equitable resolution. BACKGROUN The University is a public university that is part of the University System of Maryland (USM). The USM is comprised of 12 postsecondary institutions. including the University. Although the Board of Regents? duties include. among other things. formulating policies that govern the member institutions. the University is responsible for adopting and implementing its own policies and procedures. When OCR initiated this investigation in academic year 2013-2014, the University had 4.703 undergraduate students. of whom 2.303 were female and 2.400 were male. and 770 graduate students. of whom 466 were female and 304 were male. During the 2015- 16 academic year. the University had 4.961 undergraduate students. of whom 2.544 were female and 2.417 were male. and 786 graduate students, of whom 450 were female and 336 were male. Pursuant to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. 20 U.S.C. 1092 (Clery Act). for the past four reporting years (20l I. 2012. 20l3. the University reported a total of IS sex offenses. As of the date of the agreement in this matter. the University has not reported crime data for 2015. FACTS AND ANALYSIS Page 5 Dr. Ronald Nowaczyk 1. Notice of Non-Discrimination The University?s Notice of Non-Discrimination was published during the 2013-14, 2014-] 5. and the 20l5-16 school years on the University?s Diversity and Equal Opportunity webpage. The Notice of Non-Discrimination does not state that "sex" is a protected basis or that inquiries concerning the application ofTitle IX may be referred to the Title IX Coordinator or to OCR. In addition. the Notice of Non-Discrimination is not published in each announcement, bulletin, catalog or application form which is used in connection with the recruitment of students or employees. or unions or professional organizations holding collective bargaining or professional agreements with the University. In the few publications in which the Notice of Non- Discrimination is referenced, the publication refers to the Policy on Non-DiscriminationtEqual Opportunity and states where it may be located. OCR therefore concludes that the University?s Notice of Non-Discrimination does not comply with the requirements ofTitle IX. 2. Grievance Procedures investigation found that at the time the incidents involving Complainant and Complainant 2 were reported, the University had five (5) policies and procedures that addressed sexual harassment and sexual violence: (I) University System of Maryland Policy and Procedures on Sexual Assault (USM Sexual Assault Policy); Frostburg?s Procedures for Implementing the USM Policy (University's Sexual Assault Procedures}; Sexual Harassment Policy; (4) FSU Procedures for Pursuing Complaints of Discrimination and Sexual Harassment {Discrimination and Sexual Harassment Procedures); and (5) (Joule ofti?tutlent (.?onduct. The USM Sexual Assault Policy was an interim policy and in June 2014. the USM Board of Regents approved the Policy on Sexual Misconduct for tire University System of Marvlanti (Revised USM Sexual Misconduct Policy). The Revised Sexual Misconduct Policy superseded the USM Sexual Assault Policy. Collectively these policies and procedures (including the Revised USM policy) will be referred to herein as the ?former Title IX policies and procedures.? In January 20l6. the University adopted the Gender-Based Harassment and Violence Policy (20M Harassment and Violence Policy) and the Procedures for Investigating and Resolving Reports of Prohibited Conduct Under the University Gender-Based Harassment and Violence Policy (2016 Harassment and Violence Procedures) {collectively referred to as the BUM Harassment and Violence Policy and Procedures). The 20M Harassment and Violence Policy and Procedures replaced all ofthe'University?s previous Title IX policies and procedures. Page 6 Dr. Ronald Nowaczyk investigation found that the University?s former Title IX policies and procedures did not satisfy the University?s obligation to provide for the prompt and equitable resolution of complaints of sexual harassment, including sexual violence. In particular. the former Title IX policies and procedures were at times confusing and contradictory to complainants, accused students. members of the University community. and third parties. Although the University has made progress in correcting the de?ciencies in the University?s former Title IX policies and procedures through the adoption of the Harassment and Violence Policy and Procedures in January 2016. OCR concludes that the revised policy and procedures are not fully compliant with the requirements of Title IX. Former Title IX Policies and lilroceduresl USM Sexual Assault Policy, Revised USM Sexual Assault Policy, and tlte University?s Sexual Assault Procedures The USM Sexual Assault Policy and the Revised Sexual Assault Policy (collectively USM Sexual Assault Policies} were issued by the USM as a directive and guidance to all USM institutions. including the University. about the required contents of their sexual assault policies.2 The USM Sexual Assault Procedures set forth information required by the USM i exual Assault Policies and were speci?c to the University. While they were published and readily available to the University community. the USM Sexual Assault Procedures did not provide adequate notice to students and employees of the procedures and did not provide for an adequate. reliable. and impartial investigation, including an equal opportunity to present witnesses and relevant evidence. Speci?cally, the USM Sexual Assault Procedures: II Provided multiple, and at times conflicting, options for who may initiate a complaint of sexual assault and to whom it should be made. In one instance, it referred complainants to the Director of Public safety. and at another point it identified the University Code of Conduct System reporting system without providing any contact information or details about the process. It also referred complainants to the University Judicial Administrator in the Of?ce for Student and Educational Services (SE8). - Directed victims who wished to file a complaint against an employee to ?le a complaint with ?the vice president of the divisionin which the accused is employed." but no contact information or procedures were provided. OCR further notes that the Former Title IX Coordinator and the Dean of Students disputed the University policies and procedures. stating that complaints against employees were to be filed with the Title IX Coordinator. 0 Failed to provide a process for an adequate, reliable. and impartial investigation, including an equal opportunity to present witnesses and relevant evidence. Although the Sexual Assault Procedures stated hearings for sexual assault would be conducted through 1 All of the University's former Title IX policies and procedures. except the Discrimination and Sexual Harassment Procedures, were published in the University?s Policy Statements Booklet. which is an annual University publication available on the University?s website provided to students, faculty. and staff by the Division of Student Affairs that contains policies regarding substance abuse, safety, and standards of conduct for students, faculty. and staff. The Discrimination and Sexual Harassment Procedures were published on the Of?ce of Human Resources webpage and the Office and Title IX Compliance?s webpage. 1 The University included the llS.-li Sexual Assault Policies in the University?s Policy Statement Booklet which was distributed to its students, employees. and third parties. Page ?l Dr. Ronald Nowaczyk the hearing procedures established in the Code ofStudem Conduct, investigation concluded the Code ofStudeat Conduct also did not provide for an adequate. reliable. and impartial investigation as required by Title lX. I Noted that inquiries concerning Title IX may be referred to OCR but did not provide contact information. 0 Did not provide for the following: designated and reasonably prompt timeframes for major stages of the grievance process. as well as the process for extending timeframes; written notice to the parties of the outcome of the complaint; an assurance that the institution will take steps to prevent recurrence of harassment and correct its discriminatory effects on the complainant and others. if appropriate: interim measures; a statement that the standard of review is the preponderance of the evidence; a prohibition against retaliatory harassment; an adequate definition of sexual harassment; or the right to proceed with a criminal investigation and a Title IX complaint simultaneously. OCR therefore concludes that the University?s USM Sexual Assault Policies and the LEM Sexual Assault Policies Procedures did not comply with the requirements of Title IX. Sexual Harassment Policy The JS'exual Harassment Policy provided minimal guidance regarding resources available to a victim of sexual harassment. such as how and where to file a complaint or how such a complaint would be investigated. Although the Sexual Harassment Policy defined sexual harassment and provided numerous examples of conduct that could rise to the level ofsexual harassment. neither the de?nition nor the examples mentioned sexual violence or sexual assault as a form of sexual harassment. In addition. the Sexual Harassment Policy did not state whether it applied to students. employees. andlor third parties. in addition; the Sexual Harassment Policy did not provide adequate notice to students and employees of the procedures. including where complaints may be ?led, that was easily understood. OCR also determined that the Sexual Harassment Policy did not provide for an adequate. reliable. and impartial investigation. including an equal opportunity to present witnesses and relevant evidence. While the Sexual Harassment Policy stated that the rights of both the offender and the offended would be protected. including protection from retaliation, it directed the reader to the and Sexual Harassment Procedures. which as set forth more fully below, did not provide for an adequate. reliable. and impartial investigation. Additionally. the Sexual Harassment Policy inappropriately stated that ?in assessing whether a particular act constitutes sexual harassment forbidden under this policy, the rules of common sense and reason shall prevail. The standard shall be the perspective of a reasonable person within the campus community.? This standard falls short of the preponderance of the evidence standard required to satisfy Title IX. In addition. the Sexual Harassment Policy did not provide for the following: designated and reasonably prompt timeframes for major stages of the grievance process. as well as the process for extending timeframes; written notice to the parties of the outcome of the complaint; an assurance that the institution will take steps to prevent recurrence of harassment and correct its discriminatory effects on the complainant and others, if appropriate; interim measures; a prohibition against retaliatory harassment; or the right to proceed with a criminal investigation and a Title IX complaint simultaneously. Page 8 Dr. Ronald Nowaczyk OCR therefore concludes that the University?s Sexual Harassment Poiicy did not comply with the requirements of Title lX. Discrimination and Sexual Harassment Proceduresj The University?s Discrimination and Sexual Harassment Procedures are grievance procedures for filing complaints of discrimination based on race. color. creed. religion. national origin. sex. age. disability, veteran status. and sexual orientation. While the Discrimination and Sexuai Harassment Procedures adequately provided for written notice to the parties of the outcome of the complaint and prohibited retaliation, they did not provide for: adequate notice to students and employees of the procedures. including where complaints may be filed. that was easily understood; the application of the procedures to complaints alleging discrimination or harassment carried out by employees. other students. and third parties; an adequate. reliable. and impartial investigation. including an equal opportunity to present witnesses and other relevant evidence; timeframes for all major stages of the grievance process, andior a process for extending timelines. Specifically, the Discrimination and Sexual Harassment Procedures: II Did not provide that the parties had an equal opportunity to provide evidence and witnesses during the investigation. I Did not provide any timeline with respect to the informal complaint process. and with respect to formal complaints. the procedures did not provide a timeframe. but instead stated that the Title IX Coordinator would conclude the investigation of the facts as as possible. 0 Required complaints to be ?led within 60 calendar days of the complainant having reasonable knowledge of the act and complaints against a faculty member were directed to be brought within 60 calendar days after the last day of the semester in which the incident occurred. I Stated that the Title IX Coordinator would make the determination as to whether an investigation of the dispute would be undertaken or if the matter would proceed to a hearing. but did not state how this determination would be made. 0 Did not define University community member and it was unclear who could make a complaint of discrimination or sexual harassment pursuant to these procedures. We note. however. that the Former Title IX Coordinator explained that "member of the University community.? as stated in the procedures, could include a third party. such as a vendor. 0 Stated that complainants could ?le with OCR and other agencies. but did not provide contact information for OCR or any other agency. - Included an informal process that did not state that the informal process was voluntary and that mediation may not be used in a complaint of sexual assault or sexual violence. In addition. the Former Title IX Coordinator stated that mediation was an available option for cases alleging sexual assault. 0 Did not provide the following: an assurance that the University would take steps to prevent the recurrence of harassment and correct its discriminatory effects on the complainant and others. if appropriate; interim measures; or a statement that the preponderance ofthe evidence was the appropriate evidentiary standard to be utilized. While the University's Sexuai Assauii Procedures were clearly intended to set forth the information required by the Sexuai Assauii several key administrators insisted that the Discrimination and Sexuai Harassment Procedures were developed by the University to meet the requirements set forth in the USM Sexual Assault Policies. Page 9 Dr. Ronald Nowaczyk I- Prohibited retaliation, but did not contain policies and procedures to protect against retaliatory harassment. - Did not specify that sexual violence is a term ofsexual harassment. OCR therefore concludes that the University?s Discrimination and Sexual Harassment Procedures did not comply with the requirements of Title IX. Code of'Sradent Conduct The Code ofSitta'em Conduct set forth conduct that was prohibited by the University and subject to student conduct proceedings, including sexual harassment and sexual offenses labeled as "sexual misconduct and ?sexual misconduct The Code af'Statient (fondue! appropriately identi?ed the preponderance of the evidence as the evidentiary standard of review for the hearing. In addition. it provided to both parties an equal opportunity to present witnesses and other evidence at the hearing and access to information used at the hearing; the opportunity to hear, question, and challenge adverse testimony or witnesses through the hearing panel; advisors to provide support at the hearing; and the right to appeal the hearing determination. However. it did not provide adequate notice to students and employees of the procedures, including where complaints may be ?led; an adequate, reliable. and impartial investigation. including an equal opportunity to present witnesses and other evidence during the investigation of the complaint; designated and reasonably prompt timeframes for all major stages of the grievance process or a process for extending timeframes; adequate written notice to the parties of the outcome of the complaint; interim measures for the victim; an assurance that the University would take steps to prevent recurrence of harassment and to correct its discriminatory effects on the complainant and others. if appropriate; policies and procedures to protect against retaliatory harassment; or notice to the complainant of the right to proceed with a criminal investigation and a Title IX investigation simultaneously. Speci?cally. the Code Conduct: 1- Defined sexual harassment. but the definition did not include sexual assault or sexual violence. 0 Stated that any faculty. staff. or student may refer to a University Code Administrator 21 student or student organization suspected of violating the Code afSiudem (.?nndaci. but it did not provide direction regarding the identity or contact information of the University Code Administrator(s) or the process for making such a referral. In addition. OCR's investigation found that there was contradictory evidence regarding whether all complaints against students must be ?led under the Code of Student Conduct procedures. Specifically, the Former Title IX Coordinator told OCR that ifa complaint alleged sexual harassment or assault by a student against an employee. the Discrimination and Harassment Procedures would apply. That distinction, however. was not evident from the Code ofStudenr Conduct. 0 Did not provide that third parties may bring a complaint against a student by invoking the Code ofStudent Conduct. - Permitted an accused student to have an attorney present at the hearing if criminal charges were also likely. but the complainant was not similarly entitled to have an attorney present. Page 10 Dr. Ronald Nowaezyk - Provided that. during the sanctioning phase, the referred student may present character references or statements to testify on his or her behalf. but the complainant was not provided an equal opportunity for character witnesses. Raised a concern regarding the impartiality under the Code oft??rudenr Conduct because Key Administrator 2, who served as an advocate for victims to help guide them through the Code ofStadem Conduct process, also served as a hearing panel member. II Contained general timefrarnes, including that referrals should be made in a "timely manner." witness statements will be provided to the parties ?in a reasonable time prior to the hearing to allow both parties to review and challenge them," and a written decision shall be sent to the referred student "within a reasonable period oftime." - Provided that a written decision would be sent to the referred student at hisfher address or by email within a reasonable period oftime, but it did not provide that the complainant would also receive a copy ofthe outcome in writing. Moreover, ifa victim ol?a crime of violence or non-forcible sex offense wished to receive the results of any disciplinary hearing conducted by the University against a student who was the alleged perpetrator of the crime or offense. he or she was required to submit a request in writing. In addition, although the Code of Student Conduct permitted appeals, it did not provide for written notice to the parties of the outcome of the appeal. I lncluded the option for mediation but did not state that mediation is not appropriate for cases of sexual assault. OCR also has concerns that the Dean of Students informed OCR that the University conducted only a limited investigation to determine ifthere was enough information to indicate that there was a likelihood that a violation of policy occurred, and that the subsequent judicial panel hearing constituted the University?s investigation. OCR therefore concludes that the University?s Code (J'Srudem Conduct did not comply with the requirements of?l?itle IX. Title IX Website and 2016 Revisions to Title IX Policies and Procedures The University currently has a Title IX webpage that serves as a comprehensive Title IX resource. The webpage identi?es the University?s Title IX and University Compliance Coordinator (Current Title IX Coordinator) and the Deputy Title IX Coordinator and provides the telephone number and email address for each. We note that Key Administrator 2 is now designated as a Deputy Title IX Coordinator. The webpage contains links entitled ?reporting options.? "sources of support." "de?nitions," ?reporting form," and "policies and procedures." The reporting options page provides a comprehensive list of the different ways a victim may report sexual harassment or sexual violence. as well as contact information for the University individuals and of?ces who may provide assistance in doing so. The sources of support page provides detailed information regarding various on and offcampus resources available to provide assistance to victims, with accompanying contact information and a short description of each resource. The definitions page includes a definition for con?dential employee, gender based violence, relationship violence, sexual exploitation, sexual harassment, sexual intimidation. sexual misconduct, sexual violence. retaliation. stalking, interim measures, and responsible employee. OCR notes that the Title IX webpage states that all employees, except those of the health center and counseling center, are responsible employees obligated to report incidents of Page 1 I - Dr. Ronald Nowaczyk prohibited conduct. The reporting form page is an online reporting form. and the cover page also provides instructions for anonymous reporting. The form also states that all reports are directed to the Title IX Coordinator and provides her name and contact information. along with the contact information for on and off campus resources. The form allows the individual to designate the speci?c type of misconduct that took place, the location of the misconduct. the complainant's identi?cation, the respondent?s identi?cation and the details ol? the incident. Lastly. the policies and procedures page includes a link to the 20M Harassment and Violence Policy and Procedures. 2016 Harassment and Violence Policy anar Procedures OCR concluded that 2016 Harassment and Violence Policies and Procedures are compliant with Title IX in a number of areas. The following summary describes the provisions ol? the 2016 Harassment and Violence Policies and Procedures that are not compliant: Although the 2016 Harassment and Violence Policy and Procedures provide for timefralnes for many of the major stages of the grievance process, it does not provide timeframes for all of the major stages. Speci?cally. timeframes are not provided for when the Title IX CoordinatOr or designee will issue a Notice of Investigation to the parties, for when the University will determine appropriate sanctions when the respondent is an employee. or a timel?rame for when the Title IX Coordinator or designee will issue a Notice of Investigative Finding to the parties. The 2016 Harassment and Violence Policy and Procedures provide that each party will receive written notice of the outcome of a voluntary resolution. the ?nal investigative report. and the appeal. However. the policy does not explicitly state that written notice will be provided to the complainant when the Title IX Coordinator determines that no further action should be taken after the initial review. OCR therefore concludes that the University?s 2016 Harassment and Violence Policy and Procedures do not comply with the requirements of Title IX. 3. Responsible Employees The former Title IX policies and procedures were largely silent with respect to the responsibility of employees to report sexual harassment or sexual assault. Only the Sexual Harassment Policy addressed responsible employees, stating that ?members of the University community with personal knowledge of incidents of harassment are encouraged, and University employees are required. to report such knowledge to the Title IX Coordinator." By contrast. the current Title IX website and the 2016 Harassment and Violence Policy and Procedures inform the campus community of which employees are considered responsible employees and which are considered con?dential employees. and de?ne each of those terms. Speci?cally, it states that responsible employees who learn of or witness prohibited conduct are required to report it to the Title IX Coordinator. and except for con?dential employees. all University employees have been designated as responsible employees by the University. Con?dential employees are de?ned as employees who are not required to report incidents. and are limited to employees of the health and counseling centers. In addition, the 2016 Harassment and Violence Policy and Procedures advises that the University police can assist individuals in making a report to law enforcement and explains that reporting an incident to the University Page 12 Dr. Ronald Nowaczyk police will trigger the University police?s obligation as responsible employees to report the conduct to the University as well. has concerns that the previous Title IX policies and procedures did not adequately designate and categorize University employees as either responsible employees or confidential resources. OCR notes, however, that the University?s current Title IX policies and procedures do include appropriate designations and categories. 4. Con?dentiality Prior to 2016, con?dentiality was addressed only in the Discrimination and Sexual Harassment Procedures, which provided that ?"con?dentiaiity be maintainear to the extent permitted by tow, except insofar as information needs to be disclosed so that the University may effectiveiy investigate the matter and take corrective action." The policy did not speci?cally address factors such as when a request for confidentiality would be honored. the conditions under which such a request would not be honored. or the individual(s) responsible for deciding whether a complainant?s request for confidentiality would be honored. In addition, the Former Title IX policies and procedures did not address how student requests to not pursue campus judicial action would be addressed. The 201' 6 Harassment and Vioience Policies and Procedures provide de?nitions for privacy and con?dentiality, explain the differences between each. and state that when a complainant requests that their name or other identifiable information not be shared or that no formal action be taken, the Title IX Coordinator, in consultation with the Title IX team, will balance this request with the University?s obligation to provide a safe and non?discriminatory environment to the victim and the rest of the community. If the University is unable to honor the request, the Title IX Coordinator will inform the victim prior to starting a formal investigation. has concerns that the previous Title IX policies and procedures did not adequately address the University?s obligations when a victim requests confidentiality and/or elects not to proceed with a complaint. OCR notes, however, that the University's current Title IX policies and procedures appropriate] address the University*s obligations regarding con?dentiality. 5. Title IX Coordinator The Former Title IX Coordinator was also the University?s Director of the Americans with Disabilities ActtEqual Employment Opportunity According to the Former Title IX Coordinator, her Title IX Coordinator duties included overseeing all Titte IX policies and procedures, working with the athletic department to ensure equity, working with SES on its grievance procedures, keeping abreast of Title IX complaints that were filed, as well as their conclusions and Outcomes. and investigating Title IX complaints that were made by or against faculty or staff. The Former Title IX Coordinator did not oversee all of the University?s efforts to comply with and carry out its Title IX responsibilities and programs. Although the Former Title IX Coordinator was noti?ed of some of the incidents brought against employees and students, the evidence showed that the Dean of Students bore the primary responsibility for the handling otw such complaints. with little to no oversight by the Former Title IX Coordinator. Key Administrator 2 also held significant Title IX responsibilities, including serving as a case Page [3 Dr. Ronald Nowaczyk manager for student victims of sexual assault and assisting students with obtaining services, and with the University?s judicial process, again with little to no oversight by the Former Title IX Coordinator. In addition, based on the information provided by the University and its administrators, OCR found that the Former Title IX Coordinator did not receive sufficient training and did not sufficiently implement the University?s Title IX requirements. Information provided by the University also showed, as discussed below, that the Former Title IX Coordinator only received notice of ?ve of 43 reports of sexual violence and assault that occurred from January 2010 through November 20M and. thus, was not in a position to identify problematic individuals. groups. or locations or to assess whether patterns of conduct or serial perpetration occurred that the University should address. OCR also found that, although the Former Title IX Coordinator?s name, title, office address, and phone number appeared in some of the University?s Title IX policies and procedures, and the University's sexual assault pamphlet and brochure, it did not appear in widely disseminated publications such as the course catalog. As already noted, it also did not appear in the University's Notice of Non~Discrimination, USM Sexual Assault Policy. or the University?s Sexual Assault Procedures. In January 2015, the University named the new Title IX and University Compliance Coordinator (Current Title IX Coordinator). The Current Title IX Coordinator reported to OCR that since she was hired, the University has revised and enhanced the role ofthe Title IX Coordinator. OCR therefore concludes that the University did not comply with Title IX with respect to the training of the Former Title IX Coordinator and assigning her suf?cient responsibilities and duties. OCR will review and analyze the role of the University?s Current Title IX Coordinator during its monitoring of the Agreement. 6. Handling of Criminal Complaints The University?s former Title IX policies and procedures did not address how the University handled criminal complaints that were brought against students. whether a criminal complaint could trigger a University investigation, or the effect ofa criminal complaint on the University?s Title IX investigative process. Notwithstanding, investigation did not reveal any compliance concerns regarding the University?s practices regarding the handling of criminal complaints. The University?s Chief of University police stated that the University did not have a memorandum of understanding with the local police or state police, but that the University police shared a reporting system with the local police, and had a verbal agreement with the state police that the state police would notify the University police ifa University student was involved in a sexual assault. Subsequently, the University provided a copy of a 2?l2 Memorandum of Understanding (MOU) between various agencies, including local law enforcement and the University, stipulating that the purpose of the agreement is to coordinate multiple agency law enforcement units to investigate violations of Maryland law. The University explained that. under the MOU, University police report major crimes (including sexual assault) to local law enforcement; local law enforcement then provides a trained investigator to conduct the investigation. Page 14 Dr. Ronald Nowaczyk OCR has concerns that the University?s MOU does not speci?cally address the coordination of investigations of sexual harassment and sexual assault. OCR will review and analyze the University's handling of criminal complaints and the MOU during its monitoring of the Agreement. 7. Training OCR found that at the time of the underlying incidents in this complaint. there were multiple deficiencies in the University?s Title IX training. including the quality of the training that was provided to those charged with implementing Title IX and the University's Title IX grievance procedures. as well as the training that was provided to the campus community. Documentation provided by the University, as well as interviews with the Former Title IX Coordinator revealed that the Former Title IX Coordinator and Key Administrator 2. who served as a liaison for victims in the University?s Title IX process. were not adequately trained regarding their Title IX responsibilities. In addition. the University informed OCR that all employees are required to take an online training regarding sexual harassment. OCR reviewed the online sexual harassment training materials and found that. while it addressed sexual harassment in the employment context. it did not address sexual harassmentfsexual violence as it relates to students or Title IX. and it did not provide any information speci?c to the University, such as the University?s procedures for reporting sexual harassment/violence or responsible employees. Additionally. while the Former Title IX Coordinator told OCR that responsible employees were informed of their reporting obligations during workshops and training, the University did not provide any specific information regarding those workshops or trainings. OCR also notes de?ciencies with the training of former panel hearing members. While the Code of'Sradem Conduct stated that all new hearing panel members would participate in an orientation session. it did not provide for specialized training for panel members who sat on panels where the alleged violation was sexual harassment or sexual assault. The University advised OCR. and Key Administrator 2 con?rmed. that the Dean of Students provided hearing panel members with training specific to sexual harassment and sexual assault. Panel members also received periodic additional training related to sexual harassment and sexual assault. such as training by community organizations and the local police. However. one hearing panel member told OCR that specialized training was not mandatory for hearing panel members. According to the Current Title IX Coordinator. the University has revised and enhanced the training it provides to the campus community. OCR therefore concludes that the University?s training of relevant staff and students did not comply with the requirements of Title IX. OCR will review and analyze the training the University currently provides to the campus community during its monitoring ofthe Agreement. 8. Outreach OCR found that the University provided the campus community with outreach regarding issues surrounding sexual harassment and sexual violence in a variety of ways. For example. the President?s Advisory Council Against Gender Based Violence (Advisory Council} was comprised of administrators. faculty. and staff and was charged with coordinating programs and distributing information and literature to the campus community. such as a campaign regarding Page 15 Dr. Ronald Nowaczyk consent. One of the members of the Advisory Council explained to OCR that the Advisory Council was started in 2011 to bring together staff, faculty, students, and administrators for a coordinated University response for education programming, policy, and training regarding sexual harassment and assault. At the time of visit in April 2014, there were at least two campus-wide programs each semester regarding sexual violence, as well as additional programming for students during the first several weeks of the academic year where incidents are more likely to occur. Additionally, Title IX policy statements, including the student conduct process, are emailed to students every year. Moreover, the Current Title IX Coordinator advised OCR that the University has revised and enhanced its outreach to the campus community. OCR does not have concerns regarding the University?s outreach efforts. 9. Student Climate Information and Climate Assessment/Response Key Administrator 2 and Key Administrator I told OCR that the University assesses student climate through the National College Health Assessment II (the Assessment}. The Assessment is a survey that is issued every two years to gauge a number of health-related topics. including sexual health. Key Administrator 2 used the survey results to inform the University's practices and to address trends regarding sexual harassment and assault. The University provided the results of the 2009, 20] 1, and 2013 surveys that were completed by undergraduates. OCR has concerns regarding the low response rate to the surveys: 21% in 2009, 5.3% in 201 l. and I l.6% in 2013. in addition, 70% of the students who responded to the 20 3 survey reported they did not believe they received information regarding sexual assault from the University, which also gave rise to concerns. In addition, although there are media reports of a 20 5 climate survey, the University did not provide the results to OCR. OCR has concerns regarding the University?s assessment of student climate given the low response rate of prior surveys. OCR will analyze the University?s assessment of student climate during its monitoring of the Agreement. 10. Record Keeping Practices ln reviewing the data for the 43 other incidents that occurred from January 20?] through November 2014, OCR observed that the University did not provide complete documentation for thirty-one incidents. including witness interviews. investigative reports. communications with parties. written notice of the outcome to the victim, or documentation confirming that the victim was advised of on-campus and off-campus resources. including interim measures. Despite the statements of the Dean of Students and Key Administrator 2, the data revealed that the Former Title IX Coordinator was only notified of live of the incidents and, thus. was not in a position to identify problematic individuals, groups, or locations. OCR therefore concludes that the University did not have record keeping practices that comply with the requirements of Title IX. 11. Handling of Complaints and Incidents of Sexual Assault and Sexual Violence OCR investigated whether the University provided prompt and equitable responses to sexual violence complaints, reports andfor other incidents of which it had notice (knew or should have known about). including those filed by the Complainant 1, Complainant 2, and other students? Page 16 Dr. Ronald Nowaczyk OCR also investigated whether any failure by the University to and equitably respond to complaints of sexual assaultfviolence of which it had notice, resulted in individuals, including Complainant and Complainant 2. continuing to be subjected to a sexually hostile environment. Complainant I Incident Complainant 1 was a senior at the University during the Spring 2013 semester. She resided in an on campus residence hall and was involved in student government. The Complainant alleges that. on February 27. 2013, she was raped by a fellow student (Accused Student) at an off campus party. Soon after the incident, Complainant 1 left campus to stay at her parents? home. It is undisputed that, on or about March 3, 2013, Complainant 1's father called Key Administrator 1 and an employee to inform them that Complainant 1 would be out of school for a few days as a result of the trauma from the rape. On March 4, 2013, Key Administrator I noti?ed Complainant 1?s professors that she missed or would be missing some classes due to medical reasons. Key Administrator 1 oversees various University functions, including but not limited to. student conduct. It is undisputed that he did not report the alleged rape to 888 or anyone else at the University. Key Administrator I told OCR he did not report the incident because Complainant 1?s father asked him to keep it in confidence and that, although he realized he had to report it at some point, he wanted to have a conversation with Complainant 1 before doing so in order to make her aware of his obligations. Key Administrator 1 also told OCR that a conversation with Complainant 1 became unnecessary because within a week of his conversation with Complainant 1's father, the Dean of Students informed him that Complainant 1 had reported the incident to the police. On March 3. 2013. Complainant I reported the incident to the state police. The Chief of University police told OCR that one of her officers notified her of Complainant report to the state police, and that it is her of?ce?s practice to immediately notify the Dean of Students or the Title IX Coordinator of any such reports. However. investigation did not ?nd evidence showing that the campus police informed SES or the Title IX Coordinator of Complainant 1?s report to the state police. In addition. the Dean of Students told OCR that SES did not learn of the incident until March 14, 2013, when Complainant 1 returned to campus and discussed the situation with him. Complainant I told OCR that, during her March 14, 2013 meeting with the Dean of Students she told him that she did not feel safe on campus because, following the incident, the Accused Student tried making contact with her several times, and started following her on campus. In response, by email dated March 14, 2013, and in person on that date. the Dean of Students advised Complainant 1 and the Accused Student to avoid any contact with the other either in person, written, verbal or electronic form. In addition, Complainant I told OCR that the Dean of Students informed her that she could receive counseling from the University?s counseling center or a community ectinseling center, but that he did not discuss any other interim measures with her. The Dean of Students, however, told OCR that he provided Complainant with a pamphlet that described all available interim measures. OCR reviewed the pamphlet and found that, with respect to interim measures, it stated only that ?a survivor may request alternative academic, living, or employment situations if such alternatives are available. feasible, and appropriate to the facts of the sexual assault." After the incident, Complainant i moved back home with her Page Dr. Ronald Nowaczyk parents who lived about one hour away because she did not feel safe and she continued to see the Accused Student on campus. Complainant informed OCR that. as a result ofthe incident, she experienced some dif?culty in her classes. The only interim measures offered by the University were an offer for counseling. as well as to allow her a late withdrawal from her classes and an offer to contact her professors to explain that the she was having difficulties because of the incident. Complainant I chose to finish her classes and made arrangements with all of her teachers on her own in order to complete her coursework. Last. Complainant told OCR that she was initially told that she would face disciplinary action for engaging in underage drinking the night of the incident. There is no dispute that Complainant was not disciplined for engaging in underage drinking the night of the incident. However. the Dean of Students acknowledged to OCR that he counseled Complainant 1 about her consumption of alcohol the evening of the incident. On March I4. 2013. the Accused Student was criminally charged with rape and other offenses as a result of Complainant 1?s report to the state police. The state police notified the campus police ofthe charges. and on March 15. 2013. the Chief of University police called SES and advised the Assistant Dean that the Accused Student had been charged with rape. Upon review of the statement of charges. the University learned that there was information to indicate a possible violation of University policy. The Dean of Students proceeded with setting up a judicial board hearing panel. Thejudicial board hearing was originally scheduled for April 2. 2013; however. at the request of the Accused Student?s attorney. the hearing was delayed until April l2. 20l3. Complainant I told OCR that she was not aware that she could have retained an attorney to represent her or requested to reschedule the hearing. In addition. Complainant I told OCR that she provided the Dean of Students with a list of several witnesses to be interviewed; however only a few of them were contacted. Moreover. a few days before the judicial board hearing. at the request of the Accused Student?s attorney. two of the Accused?s character witnesses were added to the hearing list and the record was supplemented with reference letters. investigation found that Complainant was not provided with the opportunity to provide character witnesses or reference letters. There is no dispute that. prior to the judicial board hearing. the Accused Student violated the no- contact directive. As a result. the University developed a schedule for the Accused Student and Complainant i. It is also undisputed that subsequent to the development of the schedule. the Accused Student violated the agreement on two separate occasions. A "show cause" hearing was scheduled for the Accused on April 11. 20l3 to determine if any additional action was necessary in accordance with the Policy Statement Booklet. Complainant I was not made aware that this hearing was taking place and she was not a participant in the University's proceedings regarding the Accused Student?s violation of the restricted hours. As a result of the April I l. 2013 hearing. it was agreed that. except to attend class. the Accused Student would be restricted to an area of campus close to his residence hall. Key Administrator 2 informed Complainant of these restrictions after the hearing. The Dean of Students told OCR that the University did not consider the Accused Student?s violations of the no contact order to be a form of sexual harassment. The hearing to address Complainant 1?s allegation of rape was held on April 12. 2013. The Dean of Students explained that the Accused Student was permitted to have an attorney present Page 18 Dr. Ronald Nowaczyk at the hearing in accordance with the Code of'Srudem Conduct. and that Complainant 1 was also permitted to have an attorney present. When asked how Complainant 1 would have been aware that she had this opportunity, the Dean of Students stated that he told her that she could have a support person present. However. the Complainant indicates that she was never notified that her support person could be an attorney. The evidence reflects that Complainant was able to secure a friend ofthe family who is an attorney to be her support person during the hearing. Complainant I told OCR that none of the Accused Student?s evidence was shared with her before the hearing. which the Dean of Students denies. In addition. she told OCR that she was not aware that she could bring physical evidence to the hearing, and was upset when she learned that the Accused Student brought such evidence. As noted. while the Accused Student was permitted to submit character witnesses. Complainant 1?s request to submit similar witness statements was denied As a result of the hearing. the Accused Student was found responsible for Sexual Misconduct Sexual Misconduct 11. and Endangering the Health and Safety of SelffOthers. On April 16. 2013. the University issued the following sanctions: suspension through the end ofthe Fall 2013 semester; requirement to reapply for readmission; designated as persona non grata on the University?s campus throughout the duration of the suspension; and if readmitted. disciplinary probation through graduation. The Disposition gave the parties five business days to appeal the outcome. and directed the parties to the Code of Student Conduct for information regarding appeals. Both parties filed appeals. Pursuant to University policy, the Accused Student was permitted to remain on campus pending the outcome of the appeal and the April 11. 2013 restrictions on his movement on campus remained in place. After thejudicial board hearing. Complainant 1 informed University officials that the Accused Student again violated the no contact agreement. In response. the Dean of Students informed the Accused Student in writing that he was required to leave campus immediately due to reports from the University police indicating that he had violated the no contact order. The Dean of Students held another ?show cause hearing" on April 22. 2013 by phone. There is no transcript or written record of this hearing, and OCR confirmed that Complainant 1 did not attend the hearing. The Dean of Students told OCR that Complainant 1 was asked to provide a statement for the hearing. As a result of April 22. 2013 show cause hearing. the Accused Student was charged with ?Refusing a Reasonable Request and Harassment." and an administrative hearing was scheduled to adjudicate these charges on May 14. 2013. On April 26. 2013. Key Administrator 1 sent written notice to the Accused Student and Complainant 1 denying their appeals and notifying them that the outcome ofthe hearing on April 12. 2013. took effect immediately. As a result ofthe May 14. 2013 administrative hearing to adjudicate the charges of Refusing a Reasonable Request and Harassment. the Accused Student pied responsible for Refusing a Reasonable Request and agreed that he would not reapply or otherwise be readmitted to the University following the one year suspension. OCR notes. however. that no disposition was made with respect to the harassment charge. The University described the outcome as a "permanent suspension from the University.? Complainant 1 received notice of the outcome of the administrative hearing via email from the Dean of Students. incltiding that the Page l9 Dr. Ronald Nowaczyk Accused Student would no longer be eligible to return to the University. However. OCR notes that the University did not provide Complainant a copy of the disposition of the hearing. despite her request. OCR further notes that the University did not consider the hearing regarding the Accused Student?s failure to abide by the no contact order to be a hearing governed by the requirements of Title IX. ANALYSIS of Complainant Incident: Based on the investigation, OCR concludes that the University failed to respond and equitably to Complainant l?s report of sexual violence. Additionally. OCR concludes that Complainant was subjected to a sexually hostile environment, and continued to be subjected to a hostile environment due to the University?s failure to provide adequate interim measures and to take steps to stop the harassment and prevent its recurrence. First. the University did not respond after two mandatory reporters had notice of the incident. Although Key Administrator 1. another employee. and the campus police learned of the incident on or about March 3. 2013. investigation found that the University did not initiate any action until Complainant herself reported the incident to the Dean of Students on March 14. 2013. Although Key Administrator I told OCR he did not initiate any action regarding the incident because Complainant I?s father asked him to keep it in confidence. OCR notes that while a complainant?s request for confidentiality is a factor a recipient should consider, a university must take action to address incidents upon receiving notice of them. including but not limited to whether honoring a request for confidentiality is appropriate under the circumstances presented. investigation did conclude. however. that once Complainant reported the incident to the Dean of Students. the University did move forward to hold a hearing and address the subsequent appeal. In addition. the University did not adequately provide Complainant with interim measures. Although the Dean of Students put a no contact order in place. it was not effective in keeping the Accused Student away from Complainant l. as evidenced by the Accused Student?s multiple violations of the no contact order. In addition. although Key Administrator 2 was assigned as Complainant l?s support person and information was provided to Complainant 1 about available counseling services. the evidence did not show that the University provided her with guidance regarding the full range of available interim measures. Further. OCR found that in some instances. Complainant 1 arranged for interim measures. such as alternative coursework. on her own. The University's investigation of the incident involving Complainant was not adequate. reliable or impartial. The University conducted only a curSOry investigation that consisted of speaking to several student witnesses and reviewing the police report prior to holding a hearing regarding the incident. However. the University did not interview or invite all of the relevant witnesses identified by Complainant 1 to the hearing. even though it considered the hearing to be its investigation. In addition. both parties did not have equitable access to an attorney because Complainant was not informed that she could have counsel present until the day ofthe hearing. Although Complainant was able to find an attorney to accompany her to the hearing. unlike the Accused Student. she did not have the benefit of being represented by counsel throughout the University?s process. Furthermore. Complainant I was not afforded the same opportunity to provide character witnesses as the Accused Student. OCR also has concerns that Key Administrator 2. who served as a victim's advocate. also served as a member of the hearing Page 20 Dr. Ronald Nowaczyk panel, which may have posed a potential con?ict of interest at the time. OCR's investigation was not able to resolve the factual dispute regarding whether Complainant was denied access to the Accused Student?s evidence prior to the hearing. Despite its written policies, the University employed the correct standard of proof (preponderance of the evidence), informed the parties of the status of the investigation, and provided both parties with an equal opportunity to appeal the outcome of the hearing. The University provided the parties with written notice of the outcome of the hearing and appeal pertaining to the incident. in addition. the evidence re?ects that Complainant 1 received email notification of the outcome of the May l4, 20l3 administrative hearing that addressed the Accused Student?s failure to abide by the no contact order. However. the University erroneously did not treat the Accused Studentis failure to abide by the no contact order as a violation of Title IX, and as such. it did not provide Complainant 1 with all of the information regarding that proceeding as required by Title IX, such as the hearing diSposition form. The evidence also reflects that the University took actions that could have a chilling effect on students reporting incidents of sexual assault. Speci?cally, Complainant perceived the Dean of Students as having suggested she could receive discipline for having engaged in underage drinking the night of the offense and the Dean of Students con?rmed that he counseled Complainant regarding her consumption of alcohol on the evening of the incident. Complainant 2 Incident On May 20, 20]4,just prior to her graduation from the University, Complainant 2 reported to the Former Title IX Coordinator that a campus police officer sexually assaulted her in his police vehicle during the fall 2009 semester. OCR's investigation found that after meeting with Complainant 2, the Former Title IX Coordinator immediately contacted the campus police, and the campus police turned the case over to the county authorities. The Chief of University police and the Former Title IX Coordinator told OCR that they informed Complainant 2 of available University and community resources. Complainant 2 told OCR that the Former Title IX Coordinator did not provide her with any information regarding her reporting options, but rather. only took her information and then about 20 minutes later the Chief of University police called her and asked her to come in for an interview with investigators from the county. which she did. Complainant 2 also told OCR that she had received counseling from the University counseling center immediately following the incident and that she received an email from Key Administrator 2 detailing outside resources after she reported the incident to the Former Title IX Coordinator. The Chief of University police told OCR that she kept in touch with Complainant 2 throughout the summer and provided OCR with copies of text message exchanges between July and September 2014 in which she checked-in on Complainant 2 and provided her with updates on her criminal case. The University asserts that no additional remedial measures or accommodations were deemed necessary for Complainant 2, as she graduated from the University and left the area shortly after making her report. Complainant 2 confirmed that she graduated the day after she made her report and left campus shortly thereafter to begin ajob in anotherjurisdiction. The University suspended the police officer on May 23, 2014. As a resuit of the criminal investigation, on May 29. 2014, the officer was criminally charged. On September 9. 20M, the police officer pled guilty and the plea required that he, among other things. not have any contact Page 21 Dr. Ronald Nowaczyk with Complainant 2, resign from the campus police department. and provide information to the county police as to similar activities known to him that occurred within the campus police. In addition. the Chief of University police informed OCR that during the course of the criminal investigation of the police officer. she received an anonymous letter regarding possible misconduct by another University police officer (Officer 2). In addition. a witness who was interviewed during the investigation of Complainant 2?s incident. provided information that coincided with the allegation in the anonymous letter. The Chief of University police explained that in response to the anonymous letter. she requested a law enforcement investigation of Of?cer 2. and that the police explored the allegations but they were not able to substantiate the allegations. The Former Title IX Coordinator told OCR that. while she received an administrative internal summary of the investigation of the incident from the Maryland State Police. she never reviewed the summary because it was sealed. and she had no reason to believe that other officers engaged in misconduct, or that there were other student victims. The Chiefof University police and the Former Title IX Coordinator told OCR that the University referred the matter to the police and did not conduct a separate Title IX investigation independent of the police investigation. They also explained to OCR that investigations of police conduct are conducted pursuant to the Law Enforcement Officers Bill of Rights, which. in this instance. was conducted by the Maryland State Police Internal Affairs unit. While Complainant 2 did not receive a copy of the summary of findings from the Maryland State Police. the Chief of University police stated that Complainant 2 was advised ofthe plea bargain. ANALYSIS of Complainant 2 Incident: The University failed to conduct an adequate. reliable. and impartial investigation of the incident involving Complainant 2. and failed to take steps to prevent the recurrence of harassment and correct its discriminatory effects with respect to Complainant 2. Speci?cally. the evidence reflects that the University failed to respond to Complainant 25 report of sexual assault by conducting a simultaneous Title IX investigation. In addition, because the campus police officer committed the sexual assault in the context of carrying out his responsibilities as an employee, the University was responsible for the discriminatory conduct and for remedying any effects of the harassment on Complainant 2. as well as for ending the harassment and preventing its recurrence. Moreover, the University erroneously determined that it did not have any obligations to Complainant 2 under Title IX because she had graduated from the University soon after making her report. Although the University provided some limited information regarding counseling services. it determined that additional services were not necessary because Complainant 2 graduated from the University the day after making her report. and thus. Complainant 2 was not offered the full range of remedial services. Thus, OCR concludes that Complainant 2 was subjected to a sexually hostile environment due to the University?s failure to respond to her complaint. Incidents Involving Other Students OCR also reviewed documentation for all student complaints or reports of sexual harassment or sexual violence from January 2010 through November 2014. In total there were forty-three formal and informal complaints or reports made during that time period. As set forth below, OCR identified several general deficiencies in the way in which the University processed complaints of sexual harassment and assault from January 2010 through November 2014. which Page 22 Dr. Ronald Nowaczyk further support ?ndings that the University failed to provide for adequate, reliable, and impartial investigationsa: in one of the incidents, the University had not yet completed its investigation at the time it provided responsive data to OCR. OCR notes, however, that the University never provided subsequent documentation demonstrating that the incident had been fully investigated andfor resolved. in five incidents, the University did not conduct an investigation under its Title IX policies and procedures, but instead relied upon the local police or the campus police to conduct an investigation. Additionally, the documentation provided by the University did not show that in any of these five incidents, University staff, including Dean of Students. the Former Title IX Coordinator. or Key Administrator 2, were advised of the incident. In one of the incidents. the University did not complete its investigation at the request of local iaw enforcement, who requested that the University delay its investigative process in order to not compromise the integrity of the criminal investigation. However, the documentation provided by the University is insufficient to demonstrate that the University completed its investigation once the police completed gathering evidence. As noted above, a recipient has an independent responsibility under Title IX to investigate an incident of sexual harassmentfsexual assault, apart from any separate criminal investigation. Similarly. a recipient should not wait for the conclusion of a criminal investigation or criminal proceeding to begin its own Title IX investigation. Although a recipient may need to delay temporarily the fact-?nding portion of'a Title IX investigation while the police are gathering evidence, it should not permanentiy cease all investigatory activities. In nine of the incidents, the University did not proceed with an investigation at the victim?s request. A school should weigh and consider requests for con?dentiality carefully. while at the same time it must consider its responsibility to provide a safe and nondiscriminatory environment for all students. including the student who reported the sexual violence. This requires a balanced, deliberative approach to each individual request from a victim. However. the documentation provided by the University does not demonstrate that the University engaged in a deliberative determination regarding whether, in each instance, it could honor the victim's request not to proceed, and whether that decision was balanced against the need to keep the community safe. In six ofthe incidents, the University did not proceed with an investigation because the incident occurred off campus or involved a non-student victim or perpetrator. Thus, in these six incidents, the University did not make a determination regarding whether the conduct occurred in the context of an education program or activity, or had continuing effects on campus. or in an off-campus education program or activity. In one of the incidents. the University did not conduct an investigation in accordance with its policy and procedures, and instead resolved the complaint informally, even though there were at least two additional complaints filed against the same alleged perpetrator. Because the University did not conduct a formal investigation, it never determined whether the victim or other students experienced a hostile environment, and thus, did not provide appropriate remedies. 4 In separate correspondence to the University, OCR provided speci?c case numbers for each issue area referenced below. Page 23 Dr. Ronald Nowaczyk In addition, there were twenty?four cases in which the documentation did not support that the victim was advised of the available on campus and oft?campus resources, including counseling. OCR found that the University conducted an investigation under its Title IX policies and procedures in thirteen of the forty-three incidents. Of those thirteen investigations. in two of the cases identified by OCR, the documentation did not support that the victim was provided with interim measures, and. as noted above, in many cases the documentation did not suppert that the victim was advised ofthe available on campus and off campus resources. including counseling. Title IX requires a school to take steps to ensure equal access to its education programs and activities. and to protect the victim. as necessary, including taking interim measures before the final outcome of the investigation and to take steps to end the harassment and correct its effects. once a ?nal determination is reached. Imposing sanctions against the perpetrator. without more. likely will not eliminate the hostile environment. prevent its recurrence. and effectively remedy its effects. In addition to the thirteen incidents which were investigated by the University, there was one case in which the documentation showed that the accused student was advised of his right to have witnesses at the hearing, while the victim was not, and there were nine cases in which the documentation did not support that the parties were allowed to provide evidence and witnesses. As noted above, a school?s grievance procedures should provide for the adequate. reliable and impartial investigation of complaints in which both parties are provided an equal opportunity to present witnesses and evidence. While a school has ?exibility in how it structures the investigative process, for Title IX purposes, a school must give both the complainant and the alleged perpetrator any rights that it gives to one of them. A balanced and fair process that provides the same opportunities to both parties will lead to sound and supportable decisions. Similarly, while schools are required to provide a prompt and equitable response to all Title IX complaints. in one of the thirteen incidents which were investigated by the University. the University did not provide a prompt and equitable response, as the complaint was not resolved for nearly It} months. Last, in eight of the thirteen incidents which were investigated by the University. the documentation is not sufficient to demonstrate that the victims were noti?ed of the outcome of the investigation in writing, as required by Title IX. Moreover, OCR has further concerns because in one of the incidents, the alleged perpetrator withdrew prior to the matter being addressed by a panel hearing and ajudicial hold was placed on his student account, meaning that the alleged perpetrator could not be readmitted to the University until after the hearing was held. This is in direct contravention with the University's grievance procedures, which state: ?Withdrawai??om the Universig? a?er a violation report has heen?t'ed does not excuse the .stadent?'om the hearing. Students wholfai! to appear a?er proper notice may be deemed to have pleaded responsible to the charges pending against them.? As set forth above. OCR also notes significant concerns regarding the University's record- keeping practices. Speci?cally, OCR requested that the University provide a copy of all investigative reports, findings or other documents that describe the outcome and resolution. including a description of all the remedies and Sanctions resulting from the decision. In twenty three cases. the investigative file provided by the University was incomplete and missing specific documentation referred to in the cover sheet that the University developed to respond to request for information regarding each incident. In addition, it is unclear from the data whether the information was monitored by anyone at the University. In fact, the evidence re?ects that the Page 24 Dr. Ronald Nowaczyk Former Title IX Coordinator was only advised of five of the incidents. While the University asserts that the Former Title IX Coordinator was advised of an additional two incidents, it did not provide any documentation substantiating this assertion. A Title IX coordinator"s core responsibilities should include overseeing the school?s response to Title IX reports and complaints. and identifying and addressing any systemic problems. These issues are addressed in the Resolution Agreement which requires the University to reassess the comparative cases where OCR identi?ed de?ciencies, using its revised policies and procedures once they are approved by OCR, and to make improvements in its record keeping practices. CONCLUSION OCR determined that the University?s policies and procedures and its Notice of Non- Discrimination are not compliant with the regulation implementing Title IX. at 34 C.F.R. 106.8 and 106.9. In addition, OCR determined that the University failed to provide prompt and equitable responses to complaints of sexual violence of which it had notice, including the c-omplaintsr?reports made by Complainant 1, Complainant 2, and other students, in violation of the regulation implementing Title IX, at 34 C.F.R. 106.31. OCR also determined that the University?s failure to provide an equitable response to complaints of sexual harassmentfviolence allowed Complainant 1, Complainant 2, and possibly other students to be subjected to a sexually hostile environment that denied or limited the students? ability to participate in or bene?t from the school?s program. in violation oF34 106.31. RESOLUTION On September 6, 2016, the University provided OCR with the enclosed signed Resolution Agreement. which addresses the compliance concerns identified in investigation and. when fully implemented, will resolve the University?s noncompliance with Title IX. In accordance with the Agreement. the University agrees to: 0 Publish an anti-harassment statement, revise its Title IX grievance procedures, and ensure that the responsibilities of the Title IX Coordinator and any Deputy Coordinators are consistent with Title IX. 0 Provide training to ensure that all members of the University community including students. faculty, administrators, and other staff? are trained regularly on issues related to sexual harassment and on the requirements of Title IX. 1- Reinvestigate andtor investigate the comparative incidents in which OCR determined that the University failed to conduct an adequate investigation, provide written notice of remedial services for the comparative incidents in which OCR determined that the University failed to provide such services, and provide written notice of the outcome of the complaint for the comparative incidents in which OCR determined that the University failed to provide such notice. 0 Review the complaints and reports of sexual harassment and/or sexual assault made from January I, 2010, through the date of the Agreement. to determine whether the niversity investigated each complaint or report and equitably. - Enhance its outreach to and feedback from students, including by conducting an annual climate check or series of climate checks with students on campus to assess the Page 25 Dr. Ronald Nowaczyk effectiveness of steps taken by the University towards providing a campus free of sexual misconduct. In addition, the University will convene a committee, composed of staff and students. to develop a plan for educating students and employees about sexual harassment and assault. I Provide OCR with case files and other information concerning all incidents ofaliegcd sexual harassment or sexual assault at the University for the next two academic years. I Reimburse Complainant and Complainant 2 for expenses for counselingtacademieftherapy services for the assessment andfor treatment of lingering effects of the incidents that are the subject of this complaint. OCR will monitor implementation of the Agreement. If the University fails to implement the Agreement. OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms and obligations of the Agreement. Before initiating administrative enforcement (34 CPR. 00.9. [00.10), or judicial proceedings to enforce the Agreement, OCR shall give the University written notice of the alleged breach and a minimum of sixty (60) calendar days to cure the alleged breach. This concludes investigation ofthe complaint and should not be interpreted to address the University?s compliance with any other regulatory provision or to address any issues other than those addressed in this letter. This letter sets forth determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon. cited. or construed as such. formal policy statements are approved by a duly authorized OCR official and made available to the public. The complainant may have the right to file a private suit in federal court whether or not OCR finds a violation. Please be advised that the University may not harass, coerce, intimidate, or discriminate against any individual because he or she has ?led a complaint or participated in the complaint resolution process. If this happens, the complainant may ?le another complaint alleging such treatment. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. in the event that OCR receives such a request, we will seek to protect, to the extent provided by law. personally identifiable information. which. if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy. We want to thank the University, including University counsel and the Current Title IX Coordinator, for their cooperation during the investigation. Page 26 Dr. Ronald Nowaezyk Should you have any questions, please contact Amy Niedzalkoski? Team Attorney at 215-656- 857] or or myselfat 215-656-6935 or Sincerely, a?s/ Beth Gellman-Beer Supervisory Attorney OCR Philadelphia Enciosu re Ce: Karen Treber, University Counsel Emily Caputo, Title IX Coordinator Resolutio Agreement Frostburg State University Complaint Nos. 03-13-2328 and 03-15-2032 In order to resolve the above-referenced complaint ?led with the US. Department of Education, Office for Civil Rights (OCR), under Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., and its implementing regulation at 34 CPR. Part 106 (Title IX), Frostburg State University (University) agrees to take the steps set forth below. The Resolution Agreement has been entered into voluntarily and the University and does not constitute an admission by the University that the University is not in compliance with Title or its implementing regulation. OCR recognizes that the University has cooperated with OCR during the course of the investigation. ACTION STEPS I. I Statement The University will issue a statement to all students, faculty and staff that will be printed in the University?s newspaper, posted in prominent locations in the University, and published on the University?s website, stating that the University does not tolerate sex discrimination, including sexual harassment, sexual assault, and sexual violence. The statement will also state that retaliation against individuals who ?le complaints about sex discrimination, sexual harassment or sexual assaultfviolence, or participate in the investigation of such complaints, is prohibited. The statement will encourage any member of the University community who believes he or she has been subjected to sexual harassment to report the harassment to the University, and will note the University?s commitment to conducting a prompt investigation and appropriately addressing any violation of the University?s policies in a timely manner. The statement will inform students how to report allegations of sex discrimination, including sexual harassment, sexual assault and sexual violence, and include the appropriate contact information for the designated staff member to whom students may report allegations. The statement will advise that any findings by the University that a student or employee has engaged in an act or acts of sex discrimination, including sexual harassment, sexual assault, and sexual violence, or retaliation will be addressed in accordance with University policies and may result in disciplinary action. The statement will make clear that such disciplinary action may include, if circumstances warrant, suspension, expulsion or termination of employment. The statement will encourage students, faculty and staff to work together to prevent acts of sex discrimination of any kind, and will highlight resources available to individuals who have been subjected to sex discrimination, including sexual harassment, sexual assault and sexual violence. The statement will be provided to OCR for review and approval. Reporting Requirement: By November 1, 2016, the University will provide for OCR review and approval, a copy of the proposed Statement. Within 45 days of OCR approval of the proposed Retaliation Statement, the University will submit to OCR documentation substantiating that the Statement has been posted in prominent Page 2 Fro'stburg State University Resolution Agreement, Nos. 03-13-2328 and 03-15-2032 locations and widely published, including in the University?s newspaper and on the University?s website. Title IX Coordinator Since the filing of the above-referenced complaints, OCR acknowledges that the University has taken a number of steps in an effort to ensure its compliance with 34 C.F.R ?106.8(b) and in addressing the requirements for a Title IX Coordinator, including hiring a ?Jll-time Title IX Coordinator in January 2015. As a result, the University has reviewed and revised the responsibilities of its Title IX Coordinator, and by this Agreement agrees to conduct an additional review of the current responsibilities of its Title IX Coordinator and any Deputy Coordinators by December 31, 2016, to determine and ensure that their responsibilities are consistent with Title IX. Based on the Title IX Coordinator?s responsibilities, the University will develop a description of corresponding mandatory training requirements for its Title IX Coordinator. The responsibilities and training requirements will continue to include or will be revised to include the following: 1. The Title IX Coordinator will have expert knowledge of the University?s Title IX grievance procedure(s) and will oversee all Title IX received by the Title IX Coordinator and all other departments, of?ces, and individuals identi?ed as responsible employees or delegated the responsibility for receiving andlor investigating reportsl'complaints of sex discrimination, including sexual harassment and sexual violence, and will address any patterns or systematic problems that arise during the review of such reports/complaints, and assess overall ef?cacy of coordination and overall response by the University to sexual harassment and sexual violence, including the implementation and ef?cacy of interim measures, the steps taken to stop sex discriminatiomharassment found to have occurred and prevent its recurrence, steps taken to eliminate any hostile environment that has been created for students and steps taken to remedy any discriminatory effects on the complainant and others, as appropriate. 2. The Title IX Coordinator will retain ultimate oversight and responsibility for any Deputy Coordinators the University designates to assist the Title IX Coordinator. The University will also develop specific statements of the roles and responsibilities of each Deputy Coordinator that clearly delineate the scope of each Deputy Coordinator?s duty and their subordinate roles to the Title IX Coordinator. 3. The Title IX Coordinator will have ultimate responsibility for: the prompt investigatiOn of alleging sexual harassment and sexual violence; adjudication of whether sexual harassment or sexual violence has occurred in individual cases; the identi?cation of remedies (including interim measures) necessary to address sexual harassment or sexual violence, eliminate any hostile environment, and prevent its recurrence; and consultation, as necessary, on any matter where it has been determined that sexual harassment or sexual violence has occurred in order to ensure the University?s compliance with Title IX. To the extent that any of the duties of the Title IX Coordinator will be delegated to other individuals at the University, the statement will clearly state what will be delegated to whom and how the Title IX Coordinator will retain oversight of any delegated responsibilities. Page 3 10. ll. 12. 13. Frosthurg State University Resolution Agreement, Nos. 03-13-2323 and 03-l 5-2032 The Title IX Coordinator will oversee the provision of initial and ongoing training to any Deputy Coordinators and any other individuals from any University department or of?ce delegated the responsibility for receiving andfor investigating reports of sex discrimination, including sexual harassment and sexual violence. The Title IX Coordinator will also have sufficient experience or training in these same concepts. The training content will include the substantive requirements of Title IX and how to investigate reports under Title IX that allege sex discrimination, including sexual harassment and sexual violence. The Title IX Coordinator will be responsible for the development, coordination, and implementation of periodic Title IX training for the University community staff, faculty, resident assistants, coaches, students, etc.). The Title IX Coordinator will have responsibility fer the continued development, coordination, and implementation of regular events hosted by or supported by the University leadership to raise awareness in the University community about all forms of sex discrimination (including sexual harassment and sexual violence) and the University?s policies and procedures regarding such matters. The Title IX Coordinator will be responsible for providing information to students and employees regarding their Title IX rights and responsibilities, including but not limited to: information about the resources available on and off University property, the formal and informal resolution processes, the availability of interim measures, and the ability to ?le a complaint with local law enforcement and the University simultaneously. The Title IX Coordinator will be responsible for periodic review and assessment of the University?s Title IX procedures, and any related policies and procedures, to ensure that they are consolidated to the maximum extent possible to provide an efficient resource for students, faculty, and staff. Neither the Title IX Coordinator nor any Deputy Coordinators shall have other job responsibilities that create a conflict of interest with regard to their duties and responsibilities under Title IX. The Title IX Coordinator will be responsible for coordinating communications with University Police and local law enforcement regarding the University?s obligations under Title 1X and fer serving as a resource on Title lX issues. The Title IX Coordinator will be responsible for coordinating the development and implementation of periodic assessments (including, for example, surveys and focus groups) of campus climate with regard to sexual harassment and sexual violence. The Title IX Coordinator will coerdinate with appropriate administrators, student services personnel, and law enforcement officers to identify and address any patterns or systemic problems under Title IX and to assess the overall ef?cacy of the coordination among these various of?ces. The Title IX Coordinator will annually review all reportsi?complaints of discrimination on the basis of sex, including sexual harassment and sexual violence, in order to identify, to the maximum extent possible, and address any patterns or systemic problems, such as: how many reports involved particular groups of students, ?rst-year students, athletes, graduate students, members of student organizations; whether any individuals or organizations engaged in repeated misconduct, whether there are any patterns of barriers to reporting for any group of students, whether there are any campus or off-campus locations which are repeatedly the site of alleged incidents andfor if Page 4 Frostburg State University Resolution Agreement, Nos. 03-13-2323 and 03-15-2032 were not processed and equitably in compliance with Title IX and the applicable policies and procedures. ReportitlgRequirement: The University agrees that the responsibilities of the Title IX Coordinator described above are essential to its commitment to compliance with Title IX and will not change or minimize those responsibilities, except with approval of OCR. By February 1, 2017, the University will provide for OCR review and approval, a copy of the Title IX Coordinator?s responsibilities and corresponding mandatory training requirements. Within 45 days of OCR's approval, the University will revise the Title IX Coordinator's responsibilities and corresponding training requirements as may be needed. Within 60 days of revising the Title IX Coordinator?s responsibilities and corresponding mandatory training requirements, the University shall provide OCR with the revised Title IX Coordinator?s responsibilities and corresponding mandatory training requirements, and documentation substantiating that the University implemented and distributed the revised Title IX Coordinator?s responsibilities and corresponding training requirements to the University?s Title IX Coordinators. Notice of Non-Discrimination The University will revise its notice of non-discrimination to state that the University does not discriminate on the basis of sex in its programs and activities and that the prohibition extends to employment, and submit it to OCR for review and approval. The notice of non-discrimination will include the nameftitle, of?ce address, telephone number, and electronic mail (email) address of the University's Title IX Coordinatoa The notice of nondiscrimination must include that inquiries to the University concerning application of Title IX and its implementing regulation may be referred to the Title IX Coordinator or to OCR. The University will broadly publish its revised notice of nondiscrimination, including on the University?s website and in its promotional materials, student and employee handbooks, application forms and its other published materials in accordance with 34 C.F.R. Inserts may be used pending reprinting of the publications. Reporting Requirement: By November 1, 2016, the University will provide, for OCR review and approval, a copy of its amended notice of non-discrimination, a list of the titles of the publications in which the notice of nondiscrimination appears University catalog, web site, student handbook), and a copy of at least one publication disseminated to the campus community, printouts, or link to an on-line publication containing the notice. IV. Title IX Policies and Grievance Procedures OCR acknowledges that since its investigatioo beginning in 2013, the University has reviewed and revised its policies in order to improve its investigation and response to sexual misconduct and comply with Title IX as well as reviewed and revised its policies and procedures on sexual misconduct. On January 1, 2016, the University approved and disseminated its most recent update of its Policy on Gender Based Harassment and Violence, as well as the Procedures for Investigating and Resolving Reports of Prohibited Conduct. Page 5 Frostburg State University Resolution Agreement, Nos. 03-13-2328 and 03-] 5-2032 The University will revise, as may be necessary, its policies and procedures that address complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence), including but not limited to the Gender~Based Harassment and Violence Policy, and the Procedures for Investigating and Resolving Reports of Prohibited Conduct, for OCR review and approval. Noting that many of the provisions below are already included in the most recent revision of the Gender-Based Harassment and Violence Policy and Procedures; with regard to Such provisions, the University will retain them in the revised procedures. The University will ensure that the old policies are not available anywhere on the University?s website to the extent practicable, and that all references to them have been removed from current University publications. The University will also ensure that notice is provided to students and employees of the existence of the rovised policies and procedures and that these materials are widely distributed. The University will ensure that the following provisions are in its policies and procedures or will adopt revisions as needed to provide, at a minimum, the following: a) notice that the procedures apply to alleging all forms of sex discrimination (including sexual harassment, sexual assault and sexual violence) against employees, students or third parties; b) notice to students and employees of where may be ?led, including contact information for the Title IX Coordinator; c) provisions for adequate, reliable and impartial investigation of including the opportunity for both the complainant and alleged perpetrator to present witnesses and evidence; d) designated and reasonably prompt time frames for the major stages of the investigative process, as well as the process for extending timelines, that apply equally to the parties to the complaint; e) written notice to the complainant and alleged perpetrator of the outcome of the investigation and any appeals; i) assurance that the University will take immediate and appropriate steps to step any harassment or sexual violence, prevent recurrence and remedy discriminatory effects on the complainant and others, if appropriate; g) where the procedures allow the parties to have a lawyer or other representative at a hearing, a statement that both parties will have an equal opportunity to have lawyersirepresentatives present and that any restrictions on the lawyersirepresentatives? ability to speak or otherwise participate will be applied equally to both parties; h) appropriate de?nitions and examples of what types of actions may constitute sex discrimination (including sexual harassment, sexual assault, and sexual violence) including a clear and consistent de?nition of what does and does not constitute consent to sexual conduct; i) a statement clarifying that the University?s policy and procedures for addressing complaints of sex discrimination, including sexual harassment, sexual assault and sexual violence, apply to: all University facilities, programs, and activities, including discrimination that occurs on campus, discrimination that occurs at off-campus programs or activities that are sponsored by the University, discrimination that occurs Page 6 - Frostburg State University Resolution Agreement, Nos. 0343-2323 and 03-15?2032 i) k) 1) off-campus that has an effect on campus, the University's professional and graduate schools, and any sexual harassment perpetrated by an employee, regardless of location, if in the context of the employee?s provision of aid, bene?ts or services to students; a statement that all responsible employees are expected to report sexual harassment, including sexual assault and sexual violence that they observe or learn about; provisions that make clear the right of the victim not to appear in the hearing room or otherwise confront the alleged perpetrator during the grievance process, including any hearings or appeals; if the procedures allow for cross-examination of the parties, the procedures should strongly discourage allowing the parties to personally question or cross-examine each other during a hearing; m) provisions for confidential reporting, including informing a complainant that the H) p) q) University?s ability to respond may be limited in the event of a request for con?dentiality; provisions ensuring that the parties are afforded regular updates regarding the status of the investigation, as well as similar and timely access to any information used at hearings; provisions clarifying that any informal resolution mechanism set forth in the procedures will only be used if the parties voluntarily agree to do so; that the complainant should not be required to resolve the problem directly with the reapondent; and a statement that there will be instances when the informal resolution mechanism is inappropriate mediation is prohibited in cases of sexual assault, and in cases involving a student complaining of sexual harassment against an employee in a position of authority over the student); and that the complainant must be noti?ed that he or she has the right to end the informal process at any time and begin the formal stage of the complaint process; a statement that the preponderance of the evidence standard will be used for investigating alleged sex discrimination, sexual harassment and sexual violence complaints and a statement that it is the University?s responsibility to determine whether sex discrimination, sexual harassment or sexual violence has occurred; a statement that retaliation and retaliatory harassment is prohibited against any individual who ?les a sex discrimination complaint with the University or participates in a cemplaint investigation in any way, as well as a clear explanation of how retaliation or retaliatory harassment can be reported to the University; notice of a student?s right to file a criminal complaint and a Title IX complaint simultaneously, that the University may need to temporarily suspend the fact-?nding aspect of a Title IX investigation for an appropriate but brief period of time while the law enforcement agency is in the process of gathering evidence and that the University will resume its Title IX investigation as soon as noti?ed by the law enforcement agency that it has completed the evidence gathering process; provisions ensuring that students are notified, in writing, of the availability of interim measures to protect students during the University's investigation of possible sexual harassment and during any judicial process, including appeals (such as University- enforced no contact orders, changes in class schedules, counseling, other mental Page 7 Frostburg State University Resolution Agreement, Nos. 03-] 3-2328 and 03-15-2032 health services, academic assistance, the ability to retake or withdraw from courses without penalty, etc.) and that the University will take steps to ensure, where possible, that such interim measures do not negatively impact the complainant; t) an assurance that the University will not allow con?icts of interest (real or perceived) by those handling the complaints; u) an assurance that the University does not consider evidence of past sexual relationships when making a determination regarding these complaints; v) notice of potential remedies for students; w) notice of potential sanctions against perpetrators; and x) sources for counseling, advocacy and support. Reporting Requirements: 1. By November 1, 2016, the University will provide for OCR's review and approval, a draft of the revised procedures and any additional policies or informational documents that address complaints alleging discrimination on the basis of sex (including sexual harassment, sexual assault, and sexual violence). Within 90 days, OCR will review these grievance procedures and related materials in order to ensure that they cemply with Title IX and this Agreement. 2. Within sixty (60) calendar days of written noti?cation from OCR that the revised Title IX procedures are consistent with the Title IX requirements, the University will certify to OCR that the University has formally adopted the review procedures, updated all printed publications and on-line publications with the revised procedures (inserts may be used pending reprinting of these publications) and electronically disseminated the revised grievance procedures to students and employees. This documentation will include evidence of the electronic dissemination of the revised grievance procedures to students and employees, a list of the titles of the publications in which the information appears University catalog, Title IX web site, student handbook), as well as a copy any such publications, which may include either a printout or a link to an on?line publication containing the revised grievance procedures or, if not yet ?nalized, a copy of the insert for printed publications. The University will also provide documentation of how the revised procedures were distributed and that University law enforcement, the Title IX Coordinator, students, employees, staff, faculty and other appropriate University community members have access to the procedures and know where copies may be obtained. V. Sexual Misconducthitle IX Training The University is committed to publicizing, disseminating and providing a comprehensive education and prevention program that informs the University community about the University?s policies and procedures, with continuous efforts toward strengthening individual knowledge and skills; educating responsible employees; fostering coalitions and networks both on-campus and in the greater community of the City of Frostburg; and devoting resources to the education, prevention and environmental change efforts to address issues related to alcohol and other drug Page 8 Frostburg State University Resolution Agreement, Nos. 03- 3-2328 and 03-15-2032 programs. In addition to current education and prevention initiatives, the University will provide additional training as described below. 1. Training Employees Responsible for Recognizing and Reporting Sexual Misconduct The University will provide in?person or online training or refresher training to all employees who interact with students on a regular basis and who are responsible for recognizing and reporting incidents of sexual misconduct, to the extent they are not con?dential resources under policy or applicable law. The training will cover, at a minimum: the University?s Gender Based Harassment and Violence Policy and related procedures, the obligation of employees to report sexual misconduct including what should be included in a report, any consequences for the failure to report and the procedure outlining their responsibility to the student or other University community member?s requests for con?dentiality, how to report sexual misconduct pursuant to Title IX and the procedures, the person(s) to whom sexual misconduct must be reported, how to recognize and identify sexual misconduct and the behaviors that may lead to and result in sexual misconduct, the University?s responsibilities under Title IX to address such allegations and the relevant resources available. The training should also include information on the reporting obligations of University staff, the student?s option to request that their identifying information not be shared with the respondent or that no action be taken, the existence of available cen?dential advocacy, ecunseling, or other support services, the right to ?le a sexual harassment complaint with the University and to report a crime to campus andfor local law enforcement, the attitudes of bystanders that may allow conduct to continue, the potential for victimization of students who may have eXperienced sexual misconduct and its effects on students, appropriate methods for responding to a student who may have experienced sexual misconduct and the impact of trauma on students who experience sexual misconduct. During the training, the University will provide information on how to access online the Gender Based Harassment and Violence Policy and associated procedures and forms for reporting sexual misconduct, or refer them to their location within the publications they already possess. Reporting Requirement: By January 31, 2017 and by the same date in 2018 and 2019, the University will provide documentation to OCR demonstrating that it has provided the training referenced in Action Step v.1 above. The documentation will include, at a minimum, the date(s) of the training, the name(s) and title(s) of the trainer(s), a copy of any materials used or distributed during the training and a sign-in sheet or other evidence of attendance with the names and titles of the individuals who attended the training. 2. Training for Community Members Involved In Implementation of Sexual MisconducUTitle IX Grievance Procedures The University will provide comprehensive training for its Title IX Coordinator, any Deputy Coordinators, and any other University of?cials/students directly involved in- receiving, processing, investigating, adjudicating and/or resolving complaints of sexual misconduct or who will otherwise coordinate the University?s compliance with Title IX. The training will cover, at a minimum: the University?s sexual misconductlTitle IX policies and grievance procedures; the University?s obligations regarding the investigation of complaints; guidance from Title prohibitions on retaliation; instructiOn on how to conduct and document adequate, reliable and impartial sexual misconducUTitle IX investigations for those charged with investigative Page 9 Frostburg State University Resolution Agreement, Nos. 03-13-2328 and 03-] 5-2032 duties, including information on working with and interviewing persons subjected to sexual violence, information on particular types of conduct that would constitute sexual violence, including same-sex sexual violence; the proper evidentiary standard of review of allegations of sexual misconduct (preponderance of the evidence); information about coordination and communication between the University and local external law enforcement; information on consent and the role drugs and alcohol can play in the ability to consent; the importance of accountability for individuals found to have committed sexual misconduct; the need for remedial actions for the respondent, complainant and school community; how to determine credibility; how to evaluate evidence and weigh it in an impartial manner; con?dentiality; the effects of trauma; and cultural awareness training regarding how sexual misconduct may impact students differently depending on their backgrounds. Reporting Reguirement: By December 31, 2016, and by the same date in 2017 and 2018 the University will provide documentation to OCR demonstrating that it has provided the training referenced in Action Step V.2., above. The documentation will include, at a minimum, the date(s) of the training, the name(s) and title(s) of the trainer(s), a cepy of any materials used or distributed during the training and a sign-in sheet or other evidence of attendance with the names and titles of the individuals who attended the training. 3. Training of Students The University will review and revise as needed, its programs, materials and training addressing sexual misconduct for students, including transfer students and graduate students. The University will ensure that, during the monitoring of this agreement, all incoming students receive training approved by OCR. The training will include, at a minimum, information on the University?s sexual misconductlTitle grievance procedures, the University?s obligations regarding the investigation of guidance from OCR, and Title prohibitions on retaliation. The training will also include information on particular types of conduct that would constitute sexual violence, including sexual assault and information on consent and the role drugs and alcohol can play in the ability to consent. The training will also make students aware of the University?s prohibition against sexual harassment, sexual violence and retaliation, educate students on how to recognize such forms of sex discrimination when they occur, inform students regarding how and to whom any incidents of sexual harassment, sexual violence and retaliation should be reported, provide a general overview of Title IX, the rights this law confers on students, the resources available to students who have experienced sexual harassment, sexual violence and retaliation, and the role and authority of OCR to enforce Title IX. The training should be presented in lay terms familiar to University students, and illustrated with examples relevant to student life at the University. Information included in the training will be provided to students on an annual basis. During the ?rst year of this agreement, the University will ensure that all returning students are provided with training. In subsequent years, the University will send an email to all students at the beginning of each semester providing the information outlined in this paragraph. The University will identify any additional training needed for speci?c groups, including but not limited to, fraternities, sororities, and athletes base on assessments made by the Title IX Coordinator. Page 10 Frostburg State University Resolution Agreement, Nos. 03-13-2328 and 03-15-2032 VI. Reporting Requirement: By May 31, 2017, and by the same date in 2018 and 2019, the University will provide documentation to OCR demonstrating that it has provided the training referenced in Action Step V.3., above. The documentation will include, at a minimum, the date(s) of the training, the name(s) and title(s) of the trainer(s), a copy of any materials used or distributed during the training and a sign-in sheet or other evidence of attendance with the names and titles of the individuals who attended the training, and a copy of the email issued at the start of each semester. Student Outreach l. The University will ensure that the Gender-Based Harassment and Violence Elimination Task Ferce (Task Force) includes the following members: the University?s Title IX Coordinator; (ii) an additional University level administrator with knowledge, responsibilities and authority relevant to the duties of the Committee; representative administrators, faculty members and students; and (iv) such other individuals as the University determines appropriate, such as University counselors or health service workers or representatives from any community-based organizations which provide services to the University related to sexual harassmentfviolence prevention. The Task Force will develop a plan to be implemented at the University for educating students and employees about issues related to sexual harassment, including what constitutes sexual harassment and the impact it has on individual students and the educational environment, the prohibition of sexual harassment in the educational setting, the importance of reporting sexual harassment, how and to whom to report incidents of sexual harassment, the University's obligation to respond appropriately to notice of sexual harassment and potential consequences and corrective action if harassment is found. The University will implement the plan and monitor its effectiveness. The University will, as appropriate, revise its existing materials or develop new materials on sexual misconduct to be distributed to students during the University?s orientation sessions, currently FSU Preview, for new students. The University will also, as appropriate, revise its existing materials or develop new materials on sexual misconduct to be distributed to students upon receipt of complaints of sexual misconduct. The materials will contain information on what constitutes sexual misconduct, what to do if a student has been subjected to sexual misconduct and contact information for on and off- campus resources for students who have been subjected to sexual misconduct. In addition, the University will include information on: how to ?le a report/complaint of sexual misconduct with the University; the name and contact information for the University?s Title IX Coordinator or the individual with whom reportsl'complaints are ?led; a description of the Title IX Coordinator's role; information on how to obtain counseling and academic assistance in the event of sexual misconduct; information on what interim measures can be taken to protect a complainant; and how to request interim measures if the alleged perpetrator lives on campus and/or lives in the same dorm andfor attends the same classes as the complainant. Page 11 Frostburg State University Resolution Agreement, Nos. 03?13-2328 and 03-15-2032 Reporting Requirements: 1. By December 1, 2016, the University will provide OCR with documentation that it has implemented Action Step V1.1, including a list of names and titles of the members of the Task Force, meeting dates and minutes. 2. By January 1 and June 1, 2017, the University will submit to OCR for review a list of recommendations submitted by the Task Force, as well as a list of the reconunendations that were adopted by the University. In particular, this list will include a copy of the Task Force?s recommended actions relating to the procedures, outreach, training andfor other University practices addressed by this Agreement, together with supporting information that explains the bases to proceed or not to proceed with any recommendation (such as climate checks), and the University?s plans with respect to those recommendations (including timeframes for such plans). The Task Force will incorporate feedback from OCR in its recommendations. 3. By February 1, 201?, the University will provide OCR with documentation that it has implemented Action Step V1.2, including copies of the materials that the University developed in accordance with Action Step V1.2, for OCR review and approval. After approval of the training materials, and within 10 days following the ?nal 2017 FSU Preview session, the University will provide documentation demonstrating that the University disseminated the information during FSU Preview, including the FSU Preview schedule, the names and titles of employees who presented on the required topics, an agenda and copies of any materials that were used or distributed regarding the required topics. VII. Climte Checks The University will conduct climate checks with students to assess the steps and measures taken pursuant to this Resolution Agreement and otherwise by the University to achieve its goal of a campus free of semal misconduct, in particular sexual assault and sexual violence. A climate check may be accomplished in many ways, including but not limited to, a written or electronic survey, focus groups, open forum information sessions for students and employees or designated publicized walk-in hours for campus community input. Any written or electronic survey used should contain questions about the student?s knowledge of sexual misconduct (including sex discrimination andfor sexual harassment/violence) any experiences with sexual misconduct while attending the University and the student?s awareness of the University?s sexual misconduc?Title IX policies and procedures and include a contact person, such as a counselor, who the student can go to for support or if they wish to discuss an issue of sexual misconduct in perscm. The University will submit for OCR review and approval a description of the tools used for conducting a climate check or Series of climate checks. The description will include the University's strategy for implementing the climate check(s) and analyzing the results. Information gathered during these climate checks will be used to inform future proactive steps taken by the University to provide an environment that is safe and supportive to all students and in compliance with Title IX. Finally, part of the University?s ongoing climate checks will include informing students about to whom they can report concerns of sexual misconduct Page 12 Frostburg State University Resolution Agreement. Nos. 03-13?2328 and 03-15-2032 {including sex discrimination andz'or sexual harassmentfviolence), such as the Title IX Coordinator or a counselor, as described in other provisions of this Agreement. The University will submit proposed future revisions to its climate check tool(s) for OCR review and approval during the monitoring of the Agreement. Repo?ngeuuirement: By December 1, 2016, the University will provide documentation for OCR review and approval, demonstrating implementation of Action Item VII, including a description of how, when and by whom the climate check(s) were completed; copies of aggregate data of student and employee written responses to surveys or narrative summaries of verbal responses; summaries of other relevant information obtained; and documentation demonstrating the actions that the University plans to take in response to the information gathered during the climate checks. By August 1, 2017 and the same date in 2018, the University will provide OCR with the same documentation regarding assessments conducted and any responsive actions taken, for OCR review and approval. Individual Remedies The University will issue, by certi?ed mail, a written offer to reimburse outuof-pocket expenses for any counseling therapy, or academic services for Complainant #1 and Complainant #2 from the date of notice to the University through the execution date of this Agreement to each complainant that relates to the incidents that are the subject of these complaints. Reimbursement shall be contingent upon receipt by the University of written, supporting documentation such as billing invoices, receipts, or other similar records of the complainant?s out-of?pocket expenses for counseling therapy, or academic services. Reimbursement for academic services shall be limited to courses or tutoring taken at the University or, if taken elsewhere, to fulfill an academic requirement of the University. The University?s letter will inform each complainant that she has thirty {30) calendar days from the date of the letter to accept the offer by providing written notice of acceptance to the University. Reporting Reguirement: By December 5, 2016, the University will provide OCR with a copy of the letter that it sent to each complainant offering reimbursement for counseling/academicftherapy services for each complainant, and copies of each complainant's response, in compliance with Action Step If Complainant #1 or Complainant #2 accepts the University?s offer, the University will provide OCR with documentation substantiating that it provided reimbursement for such services, in compliance with Action Step IX. Complaint Reviews and Student Focused Remedies 1. In accordance with Title IX and the standards outlined in Action Step IV of this Agreement, the University will review the complaints and reports of sexual harassment andfor sexual assault made from January 1, 2010, through the date of this Agreement to determine whether the University investigated each complaint or report and equitably, including but not limited to, assessing: whether the appropriate de?nitions and analyses were used under Title IX, the appropriate evidence standard to make determinations regarding allegations of sexual misconduct, the equal opportunity of the parties to provide witnesses and other Page 13 Frostburg State University Resolution Agreement, Nos. 03-13-2328 and 03-15?2032 evidence, the interim relief provided to protect the complainant during the pendency of the investigation, the written notice of the outcome (including any appeal) and appeal rights to the complainant and the accused, and the steps taken to prevent the recurrence of sexual misconduct and to address any hostile environment created by the harassment andfor assault. For any incidents which the University determines were not investigated in accordance with Title IX, the University will take appropriate action to address any problems identi?ed in the manner in which these complaints were handled, including reopening the investigation and conducting an investigation that complies with the requirements of Title iX, andfor providing appropriate remedies that may still be available for the complainants and/or accused students in these cases, including, referrals to counseling or academic assistance or adjustments, or other appropriate relief. These reviews will at a minimum carefully scrutinize issues noted by OCR during the course of this investigation. The University will offer counseling or other appropriate services to individual students during its review andfor reinvestigation of any of the incidents. The University will submit the results of its review conducted pursuant to Action Step IX to OCR for review and approval. While this assessment will cover all complaints during the relevant time period, it will Specifically address the following: a. For the ?ve incidents identi?ed by OCR under separate cover where the University did not conduct an investigation under its Title IX policies and procedures, the University will conduct andl?or complete its investigation of the allegations under Title IX. As part of this process, the University will determine whether new witnesses need to be interviewed, whether previously interviewed individuals need to be contacted for follow-up questioning and whether further documentation needs to be obtained. The University will ensure that the investigation is adequate, reliable and impartial in accordance with Title IX, and the University will provide each party with a written sununary of its ?ndings. If the University determines that the allegations of sexual harassment andfor sexual assault are substantiated, the University will offer remedial services, including an offer of counseling andfor academic services to the victim. In addition, the University will ensure that the Title IX Coordinator is advised of the outcome of each review and that each review is appropriately documented. b. For the nine incidents identi?ed by OCR under separate cover where the University?s documentation did not support that the parties were allowed to provide evidence and witnesses, the University will assess whether, in conducting its initial investigation, both parties were provided with an equal opportunity to present witnesses and other evidence. In the event that the University determines that any party in any of the above?referenced incidents was denied this opportunity, the University will reinvestigate the incident under Title Page [4 Frostburg State University Resolution Agreement, Nos. 03-13?2323 and 03-15-2032 IX and in accordance with the standards outlined in Action Step IV of this Agreement. As part of this process, the University will determine whether new witnesses need to be interviewed, whether previously interviewed individuals need to be brought in for follow- up questioning and whether further documentation needs to be obtained. The University will ensure that the investigation is adequate, reliable and impartial in accordance with its revised procedures, and the University will provide each party with a written summary of its ?ndings. If the University determines that the allegations of sexual harassment andfor sexual assault are substantiated, the University will offer remedial services, including an offer of counseling andfor academic services to the victim. In addition, the University will ensure that the Title IX Coordinator is advised of the outcome of each review and that each review is appropriately documented. c. For the 26 incidents identi?ed by OCR under separate cover where the documentation did not support that the victim was provided with interim measures or not advised of the available on campus and off campus resources, the University will assess whether there are any appropriate remedies that may still be available for the complainants in these cases, such as counseling andfor academic adjustments, and, if appropriate, will make an offer in writing to the complainant for the provision of such services. In addition, the University will ensure that the Title IX Coordinator is advised of the outcome of each review and that each review is appropriately docmented. d. For the eight incidents identi?ed by OCR under separate cover where the victims were not noti?ed of the outcome of the investigation in writing, the University will provide written notice to the parties of the outcome of its investigatiOn of the complaint. In addition, the University will ensure that the Title IX Coordinator is advised of the outcome of each review and that the notice to each party is properly documented. Reporting Requirements: 1. By March 31, 201?, the University will submit to OCR for review and approval the results of its review conducted pursuant to Action Step IX, including documentation of its investigation andfor reinvestigation of the Incidents referenced in Action Step IX.l.a and Action Step and determinations regarding remedies for Incidents referenced in Action Step lX.2.c.. The report will speci?cally identify any sexual misconduct complaints or reports that were not handled and equitably, all supporting materials relating to the University?s review and the University?s planned action(s) to address any problems identi?ed in the review. Page 15 Frostburg State University Resoluti0n Agreement, Nos. 03-13-2328 and 03-15-2032 X. l. 2. Within 45 days of approval, the University will take appropriate action to address any problems identi?ed in its review and provide documentation of these actions to OCR. Record Keeping The University will submit documentation of its centralized record keeping process for documenting and tracking complaints of sexual harassment for OCR review and approval. The University will ensure that this process requires the University to maintain information that includes the location where the incident took place, the name of the individual who reported the allegation, the identi?cation of the alleged victim and alleged perpetrator, summaries of witness interviews, documentation of investigative steps completed and the determination, including disciplinary actions, if any, of all parties involved. The University will demonstrate that the process developed by the University requires that the University maintain all evidence listed herein pursuant to the University?s document retention policies. The University will also produce documentation evidencing that the process requires the University to maintain information regarding requests for con?dentiality, the individual responsible for assessing the University?s determination regarding the request for con?dentiality, as well as interim and/or remedial services provided to the complaining party, including referrals to counseling and/or academic services in accordance with University document retention policies. The University will also indicate the individual(s) responsible for maintaining and reviewing this information and the location where the records will be maintained. The University will provide case ?les for each incident alleging sexual harassment, including sexual assault and sexual violence, investigated at the University during the preceding academic year: a description of how the incident came to the University?s attention whether rcported by a student or parent, or witnessed by a staff member), the location where the incident took place, a description of the incident, a detailed written narrative describing how the University investigated the incident, including the names of all witnesses interviewed and a list of any documents or other evidence reviewed, a statement as to whether the University concluded that sexual harassment occurred or did not occur and a description of the steps taken by the University to remedy any harassment that occurred and prevent its recurrence. Reporting Requirements: 1. By November 30, 2016, the University will provide for OCR review and approval a description of its record-keeping process developed under Action Step XI. 2. By December 31, 2016, and at the end of each calendar year through the monitoring of this Agreement, the University will provide OCR with documentation demonstrating that it has implemented Action Step X2, including copies of the initial report, any records, and the investigative ?les, including those of the University?s Title IX Coordinator, showing the response and remedies obtained, if any. Page 16 - Frostburg State University Resolution Agreement, Nos. 03-13-2328 and 03-15-2032 Code of Conduct The University will review and revise its Student Code of Conduct as needed to ensure that it is consistent with its revised Title IX policies and procedures referenced above in Action Step IV. Reporting Requirement: By February 1, 2017, the University will submit to OCR its revised Student Code of Conduct and documentation con?rming that it has publicized and disseminated its revised Student Code of Conduct, including a description of how it was distributed, copies of its revised student handbook(s) and a link to its webpage where the revised Student Code of Conduct is located. XII. Memorandum of Understanding (MOU) The University will review its existing Memorandum of Understanding (MOU) with the local law enforcement agency reSponsible for investigating sexual violence. The University will supplement or amend the MOU to make clear that a University student may pursue a criminal action with law enforcement and a sexual harassment complaint through the University at the same time regarding the same incident and that, where feasible and applicable, law enforcement will assist the University in obtainingz?testing relevant forensic evidence. The MOU will clearly outline how the relevant law enforcement agencies will coordinate in such cases. In addition, the MOU will outline the steps Title IX Coordinamr, University Police and local law enforcement will take to notify each other when they receive a complaint of sexual harassment, including sexual violence and sexual assault, and to what extent, if any, they will coordinate efforts on behalf of the University to and equitably respond, as well as to accurately and thoroughly document those efforts, including all investigatory steps taken. The University will develop written protocol with University Police that will specify when a complaint of sexual assault is received, University Police will refer the complainant to the University's Title IX Coordinator and to local law enforcement if the complainant desires to file criminal charges. Reporting Requirement: By February 1, 201?, the University will provide OCR with a copy of its MOU with local law enforcement and the written protocol with University law enforcement. By February 1, 201? and the same date in 2018 and 2019, the University will submit to OCR documentation verifying that the MOU and protocol are being followed, including with respect to complaints of sexual misconduct received by University law enforcement. The University understands that OCR will not close the monitoring of this Agreement until OCR determines that the University has ful?lled the terms of this Agreement and is in compliance with the regulations implementing Title IX, at 34 C.F.R. Sections 106.9, and 106.31, which were at issue in this case. The University also understands that by signing this Agreement, it agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this Page i? Frostburg State University Resolution Agreement, Nos. 03-13-2328 and 03-E 5-2032 agreement. Further, the University understands that during the monitoring of this agreement, if necessary, OCR may visit the University, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether the University has ful?iled the terms of this agreement and is in compliance with the regulations implementing Title IX, at 34 CPR, Sections ?069, and 106.3] which were at issue in this case. In addition, the University understands and acknowledges that OCR may initiate administrative enforcement or judicial proceedings to enforce the speci?c terms and obligations of this agreement. Before initiating administrative enforcement (34 C.F.R.. 100.9, 300.10), or judicial proceedings to enfOrce this agreement, OCR shall give the University written notice of the alleged breach and sixty {60) calendar days to cure the alleged breach. 9/4/fd Ronald H. Nowaczyk Date President Froslburg State University