Marymount University
Annual Security and Fire Safety Report
2024
Campus Safety aims to provide a safe and secure campus for all members of the university community. Marymount University Office of Campus Safety’s purpose promotes and contributes to the physical health and psychological well-being of the community through the prevention of campus crime, preparation and response to emergencies, and the establishment of a safe environment. This is achieved through active participation of all university members and partnerships with local law enforcement and the community.
Campus Safety annually presents the university’s campus crime statistics and security information based on information reported and received during the previous calendar year. Marymount’s 2024 Security and Fire Safety Report is provided in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, also known as the Clery Act, and the Higher Education Opportunity Act.
The 2024 report provides safety and security information for each of Marymount’s campuses, as well as for those properties frequented by students, faculty, and staff that are owned or controlled by Marymount but not immediately adjacent to the main campuses. Also included is information on the Office of Campus Safety policies and procedures for reporting crime; safety and security prevention and protection programs; fire safety; and other resources designed to assist in maintaining a safe Marymount community.
If you want to learn more about this report, your personal safety, or emergency preparedness, please visit: https://www.marymount.edu/Student-Life/Health-Wellness/Campus-Safety
We invite members of the university community to use this report as a guide for safe practices on and off campus. The Marymount University Office of Campus Safety generates an email to every enrolled student and current employee on an annual basis notifying them that the report is available to be viewed. For prospective students, members of the community, and others, the Annual Security and Fire Safety Report are available online at https://marymount.edu/student-life/health-wellness/campus-safety/campus-safety-report/annual-safety-report-2022/.
Copies of the report can also be physically obtained from Marymount Office of Campus Safety. You may request to have a copy mailed to you by calling 703-284-4991 or emailing csafety@marymount.edu
Welcome
Founded in 1950 by the Religious of the Sacred Heart of Mary (RSHM), Marymount University is a nationally recognized, independent, coeducational Catholic university offering bachelors, masters, and doctoral degrees in a wide range of disciplines.
Great Education, Capital Location
The University’s four locations in suburban Northern Virginia offer a full complement of academic and student services that provide an outstanding education in a convenient, student- and career- focused environment.
And whatever program of study a Marymount University student may choose to pursue, the on-campus experiences are enriched by the University’s proximity to Washington, D.C., with the one-of-a-kind opportunities only available in the nation’s capital!
Our Mission and Vision
Our Mission
Marymount University is a comprehensive Catholic university, guided by the traditions of the Religious of the Sacred Heart of Mary, which emphasizes intellectual curiosity, service to others, and a global perspective. A Marymount University education is grounded in the liberal arts, promotes career preparation, and provides opportunities for personal and professional growth. A student centered learning community that values diversity and focuses on the education of the whole person, Marymount University guides the intellectual, ethical, and spiritual development of each individual.
Our Vision
Marymount, a leading Catholic university, will be nationally recognized for innovation and commitment to student success, alumni achievement, and faculty and staff excellence.
Our Strategic Plan
In the summer of 2019, Marymount University began the process of creating a new strategic plan. Momentum is designed to guide Marymount as it works to fulfill its mission and achieve its vision. https://www.marymount.edu/Home/Faculty-and-Staff/Office-of-Planning-Institutional-Effectiveness/Strategic-Planning
Table of Contents
Reporting Crimes, Suspicious Activity, or an Emergency……….……………………………………...……10
Campus Safety and Emergency Management……………………………….…………….……….….10
Campus Safety ...………………………………………………………………………………..…….…....…...10
The Office of Campus Safety ...…………………..……………………………………………….…...…...10
Campus Security Authorities (CSA)...................................................................................12
Clery Act Information ...………………………………………………………….……………….……………..….…...13
Clery Crime Statistics …………………………………………………………………………….…………….………....14
Classification of Crimes ………………………………………………………………..…………………......14
How Reported Crimes are Categorized …………………………………………………………...…..…16
Clery Act Geography .…………………………………………………………………………………………...….…..…17
On-Campus Buildings or Property …….………………………………………………………..….…….18
Non-Campus Buildings or Property …….………………………………………………………….…….18
Public Property ………………………………….………………………………………………………….…….18
Reported Crime Statistics Tables …....………………………………………………………………..……...….....20
Main Campus - 2807 N. Glebe Road, Arlington, VA 22207 ………………………….………….20
Ballston Center - 1000 N. Glebe Road, Arlington, VA 22201 …………………………...……...24
Ballston Campus Apartments - 1008 N. Glebe Road, Arlington, VA 22201..……………...24
4040 Center - 4040 N. Fairfax Drive, Arlington, VA 22203 ……………………………..……..27
Study Abroad Trips ………………………………………………………………………………………….….31
Emergency Notifications/Timely Warning Notices ……………………………………………...….………..35
Emergency Procedures …………………………………………………………………………….…………………….36
Emergency Management Plan …………………………………………………………………………….…...……..38
Emergency Response and Evacuation …………………………………………….……….…………...38
Testing Emergency Response and Evacuation Procedures ……………………………...………38
Emergency Communications …...………………………………………………………………......…....40
Access to Campus Buildings and Maintenance of Campus Facilities ……………........…...41
Ballston Center and 4040 N. Fairfax ……………………………………………………………………………….42
Monitoring and Managing Concerning or Threatening Behavior ...………………………………....……...43
Reporting a Concern …………...……………………….……………………………………………...….....43
Threat Assessment Team …………………………..…..…………………….....................................43
On Campus Security Cameras: Monitoring and Recording ……………………….………........44
Firearms/Dangerous Weapons and Materials Policy ………………………………………...……44
Crime Prevention and Campus Safety Awareness …...………………………………………………..…..…..45
Missing Resident Student Procedure ....……………….........................................................47
Keeping Informed ....………………..……………………………………………………………………...….48
What You Can Do ....…………………...…………………………………………………………..……….....48
Emergency Call Boxes ....……………………………………….……………………………….…..….…….49
Security Escort Service ……………………………………….....……………………………………….......49
Sex Offender Registry Access ………………………………………………...……………………….………...…....49
Alcohol and Drug Policies ………………………………………..……………………………………...…....……....50
Education and Prevention Programs ...........................................................................................75
Annual Fire Safety Report ...........................................................................................................86
Fire Policies, Evacuation Procedures, Training ..........................................................................87
Fire Policies .....................................................................................................................87
Fire Evacuation Procedures ........................................………………………...……………....…89
Fire Safety Education .................................................…………………………...…………........90
Fire Statistics 2020 .................................................................................………...…………….….….90
Fire Statistics 2021 ..................................................................................……………….…...…….....91
Fire Statistics 2022 .....................................................................................................................91
Fire Safety System ....................................................................................……………….…....…......92
Candles, Incense, and Smoking ...............................................................………....…..…..92
Cooking in Rooms ....................................................................................…….…..........…93
Lamps………………………………..................................................……………………......…….….93
Procedures for Student Housing Evacuation in the Case of a Fire .......................................…..93
Fire Alarm Procedures .......................................…………………………….……...………..…….93
Reporting Fires .............................................................……………………...……….……..…..94
Procedures for Student Housing Evacuation in the Case of a Fire .......……………………….......…94
Fire Safety Equipment .............................................................................…………….....…94
Fire Safety Education and Training Programs for Students, Faculty and Staff ............95
Plan for Future Improvements in Fire Safety ............................................................................95
Appendix A: Sexual and Interpersonal Misconduct Policy and Resources…………………………..96
Reporting Crimes, Suspicious Activity, or an Emergency
Reporting Crimes, Suspicious Activity, or an Emergency
Campus Safety
The Office of Campus Safety at Marymount University promotes and contributes to the physical health and psychological well-being of the community through the prevention of campus crime, preparation and response to emergencies, and the establishment of a safe environment. Campus Safety Officers provide 24-hour general assistance, information and response to the community where needed.
Marymount University encourages accurate and prompt reporting of all crimes to Campus Safety and the appropriate external law enforcement agencies (i.e., Arlington County police). Crimes, suspicious activity, and emergencies should always be reported immediately to Campus Safety at 703-284-1600. Campus Safety Officers are on duty 24 hours a day, seven days a week. Crimes can be reported to the Campus Safety Officers at the Guardhouse on Main Campus at any time. Members of the Marymount University community can also report criminal or suspicious activity anonymously through the LiveSafe app. The LiveSafe app can be downloaded here. These can be used to report criminal activity such as domestic violence and sexual assaults, illegal drug use, possession and dealing of drugs, or any suspicious activity. The information provided should be as detailed as possible.
NOTE: The anonymous crime reporting system is not monitored 24 hours a day and therefore should NOT be used for reporting immediate threats such as a violent crime in progress or a fire in a building. If you are reporting an immediate threat, please call 703-284-1600 or 911.
All Marymount University students, staff, faculty, and guests who witness a crime or become a victim, or who are involved in an emergency should call Campus Safety or 911 for assistance, whether the victim of a crime elects to or is unable to make such a report. Having all individuals report crimes empowers victims to make decisions about whether and when to report crimes and encourages members of the campus community to report crimes of which they are aware. This is also to ensure inclusion in the annual crime statistics and to aid in providing timely warnings to the community, when appropriate.
If you call 911, dispatchers at the local dispatch center will notify the Office of Campus Safety and Emergency Management immediately, and an officer will respond as soon as possible.
Every crime reported to Marymount Campus Safety is thoroughly investigated. All responses, such as issuance of a warning, referrals, summons, or arrest/warrant issued, will be documented.
Also, victims or witnesses are able to report crimes on a voluntary, confidential basis for inclusion in the annual security report using the LiveSafe app as noted above.
The Office of Campus Safety
The University’s Office of Campus Safety currently has a force of 15 full-time security officers who receive state training and certification. Before being hired, all Campus Safety Officers must pass a criminal and employment background check. The Office maintains an ongoing relationship with the Arlington County Police Department that includes emergency services, assistance in criminal investigations, and crime prevention programs. This report is published in accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. This Act requires institutions that receive federal financial aid to publish and distribute to their students and employees sex offense policies and other campus crime information.
Campus Safety Officers do not have arrest authority. Marymount University Campus Safety Officers have authority to act in accordance with University policy over any property owned, leased, or utilized by the University. The Office of Campus Safety officers do not have police authority to apprehend or arrest individuals engaged in illegal acts. When necessary, criminal incidents are referred to sworn law enforcement agencies having jurisdiction on campus.
The Office of Campus Safety does not monitor and record, through local police agencies, criminal activity in which students engaged at off-campus locations of student organizations, because Marymount University does not have any officially recognized student organizations with off-campus locations.
The Office of Campus Safety maintains a professional working relationship with the Arlington County Police Department and the Virginia State Police. The Office of Campus Safety has a signed Memorandum of Understanding with the Arlington County Police Department in accordance with state law regarding the investigation of criminal incidents on campus as well as significant incidents involving Marymount University.
Campus Safety Officers have the authority to enter any property owned, leased or utilized by the University in the event of an emergency or to promote the furtherance of health, safety and security. Officers may also enter any area of such property to determine if violations of university policy or violations of the law are occurring or have occurred. Officers have the authority to ask persons for identification and to determine whether individuals have a lawful reason to be on Marymount University property. All Marymount University students are required to show their Marymount ID cards upon request by authorized employees.
The Office of Campus Safety works with the following agencies:
♦ Arlington County Police Department
♦ Commonwealth Attorney for Arlington
County
♦ Arlington County Fire Department
♦ Arlington County Office of Emergency
Management
♦ Federal Bureau of Investigation
♦ Consortium of Universities,
Washington, D.C.
♦ Virginia Department of Criminal
Justice Services
♦ Virginia Department of Emergency
Management
Campus Security Authorities (CSA)
Campus Security Authorities (CSAs) are university officials with significant responsibility for student and campus activities and designated to report information about criminal incidents. At Marymount University, these reports are received by the Office of Campus Safety and Emergency Management.
Marymount University’s CSAs include, but are not limited to, the following:
♦ Campus Safety Officers
♦ Student Living Department Staff
♦ Associate Vice President of Human Resources
♦ Admissions Counselors
♦ Athletics Department Staff
♦ Faculty Advisors
♦ University Title IX Coordinator
♦ Director, International Student Services
CSAs collect necessary information and make connections to helpful resources.
Pastoral and Professional Counselors are exempt from being CSA’s.
♦ Pastoral counselor: A person, who is associated with a religious order or
denomination, is recognized by that religious order or denomination as someone who
provides confidential counseling, and is functioning within the scope of that
recognition as a pastoral counselor.
♦ Professional counselor: A person whose official responsibilities include providing
mental health counseling to members of the college community and who is functioning
within the scope of his or her license or certification. This definition applies even to
professional counselors who are not employees of the institution, but are under
contract to provide counseling at the institution.
♦ At Marymount, academic counselors are not considered professional counselors as defined by Clery and therefore they are CSAs.
The Office of Campus Safety encourages pastoral and professional counselors, at their discretion, to inform individuals of the process for reporting crimes on a voluntary, confidential basis for inclusion in the University’s annual security report.
To ensure CSAs adequately understand their responsibilities, they are notified and provided with training from the Director of Campus Safety annually.
Clery Act
Clery Act Information
Marymount University is committed to providing the campus community and visitors with the safest and most secure environment possible. Marymount University encourages campus community members to remain aware of personal safety and work cooperatively with the campus to ensure the security of all.
The Marymount University Office of Campus Safety follows all applicable state and federal reporting laws to ensure a safe campus required by the Crime Awareness and Campus Act, better known as the “Clery Act,” which is contained in section 485 of the Higher Education Act, codified at 20 U.S.C. § 1092. The Office of Campus Safety collects selected crime statistics, prepares an annual safety report, and makes this report available prominently on the Marymount University website no later than 1 October annually. Data is collected from Campus Safety logs, Campus Security Authorities (CSAs), Department of Human Resources, Academic and Student Affairs Offices, Office of Campus Safety, and local police in jurisdictions that adjoin our campuses. Marymount University must include in the crime statistics all Clery Act crimes. As required by law, this report, which is available free of charge in printed or electronic format, provides information about security on campus, including: campus community crime statistics, institutional policies on campus security, alcohol and drug use policies, the reporting of crimes, sexual assault, sexual harassment, and crime prevention.
This report also provides phone numbers of helpful community resources. A map or directions of each Marymount University campus or center can be found at: https://marymount.edu/contact-us/locate-us/
All current students and employees are notified of the report’s availability through email announcements throughout the year in various Campus Safety publications. In addition, with the Annual Safety Report being made available online, prospective students and university employees can review it at any time. The most recent Annual Safety Report is here online.
Copies of all reports in printed form can be requested from the Office of Campus Safety by calling 703-284-1600 or emailing campus.safety@marymount.edu. There is no charge for this or past reports.
Clery Crime Statistics
The Clery Act requires that CSAs report certain crimes to Campus Safety, regardless of whether those crimes have been reported to external law-enforcement agencies.
This report is prepared by The Office of Campus Safety. The Office of Campus Safety works with several university offices to gather the information in this Annual Report. It includes any of the specified crimes reported to Campus Safety officials or other offices listed in this report, disciplinary referrals include those reported to Student Living and to the Division of Student Affairs, and information about crimes on property adjacent to Marymount University is provided by Arlington County Police. University offices also provide updated data on its educational efforts and programs.
This report’s statistics were reported from January 1, 2021, until December 31, 2023. These statistics were collected from Campus Safety records, Campus Security Authorities (CSA) representatives, selected University offices including human resources, as well as local jurisdictional law enforcement agencies. They represent occurrences/incidents that occurred on campus and University grounds, public sidewalks and roadways adjacent to the campus property, and non-campus locations under University control during 2023, and include all crime statistics reported to any CSA.
Classification of Crimes
The Clery Act requires the University to report on four general categories of crime statistics:
♦ Criminal Offenses – Criminal homicide (including murder, non-negligent
manslaughter, and negligent manslaughter); sexual assault (includes rape, fondling,
incest, and statutory rape); robbery; aggravated assault; burglary; motor vehicle theft;
and arson.
♦ Hate Crimes - Includes any Criminal Offense, and any incidents of larceny-theft,
simple assault, intimidation, or destruction/damage/vandalism of property, that were
motivated by bias.
♦ VAWA[1] Offenses - Any incidents of Domestic Violence, Dating Violence and Stalking
(sexual assault is also a VAWA offense but is included in the Criminal Offenses
category for Clery Act reporting purposes).
♦ Arrests and Referrals for Disciplinary Action - For weapons law violations
(carrying, possessing), drug abuse violations, and liquor law violations.
The Clery Act requires the University to disclose statistics separately for each of the four general categories above, which means that when an incident meets definitions in more than one of those categories, the University must report it in each category.
Crimes are classified based on the Federal Bureau of Investigation’s Uniform Crime Reporting Program definitions, as required by the Clery Act. Questions regarding these definitions may be directed to the Director of Campus Safety and Transportation at 703-284-4911. Crime statistics do not include general theft (for example, items taken from unlocked rooms or offices or unattended items taken from common areas).
The U.S. Department of Education requires that Marymount University publish an Annual Safety Report (ASR). In the ASR, the Department of Education requires that the following be used to classify and record Clery reportable crimes.
The Federal Bureau of Investigation (FBI)’s Uniform Crime Reporting (UCR) Handbook is used for all definitions of offenses, except for below:
♦ Beginning in 2013 dating violence, domestic violence, and stalking the meaning
given such terms in section 40002(a) of the Violence Against Women Act of
1994 (42 U.S.C. 13925(a)).
♦ Clery Act reporting does not require disclosure of all other sexual related
offenses. ex. sexual harassment, voyeurism and incident exposure.
♦ Offenses are counted on the basis of calls for service, complaints and
Investigations.
♦ Findings of courts, coroners, jury, prosecutorial decisions and student judicial
boards are not a basis for counting Clery Act crimes.
How Reported Crimes are Categorized
The reported crimes are cataloged utilizing the Hierarchy Rule, which is when the offender/perpetrator commits multiple offenses in the same incident. When this occurs, the Hierarchy Rule is used when counting multiple offenses. The Hierarchy Rule requires that the most serious offense be counted when more than one offense was committed during a single incident. A single incident means that the offenses must be committed at the same time and place; and that the time interval and distance between the offenses were insignificant. Not all crimes committed in the same incident are counted with the statistics, only the most serious per the Hierarchy Rule. The Hierarchy Rule does not apply to incidents of arson, hate crimes, domestic violence, dating violence, or stalking. In addition, Violence Against Women Reauthorization Act of 2013 (VAWA) also made an exception to the Hierarchy Rule: when a sexual assault and murder occur in the same incident, both crimes will be statistically recorded for that year’s ASR.
_________________________________
1 Violence Against Women Reauthorization Act of 2013
It should be noted that VAWA created some significant changes to the Clery Act statistical crime reporting requirements. Such changes included adding and tracking crimes related to domestic violence, dating violence, and stalking, which were not previously reported. There were some additional hate crime classifications introduced which included national origin bias and gender identity bias as well. Additionally, VAWA required changes to the tracking and cataloging of sexual assault crimes. Previously under the Clery Act, forcible sex offenses (included rape, forcible sodomy, sexual assault with an object and forcible fondling) were based upon the National Incident-Based Reporting System (NIBRS) definitions. This requirement has been changed to use the Federal Bureau of Investigation’s (FBI) Uniform Crime Report (UCR) definition of rape that, within its definition, includes the crimes of sodomy and sexual assault with an object. Therefore, beginning in 2013, the Forcible Sexual Offenses category has been changed to Sexual Offenses and includes rape and fondling. Non-forcible sexual offenses has not changed and still includes incest and statutory rape.
Federal law requires that institutions report if any of the listed crimes manifested evidence of prejudice as described by the Hate Crimes Statistics Act. https://www.fbi.gov/services/cjis/ucr/hate-crime.
Beginning in 1999, universities were required to report the number of disciplinary referrals for campus violations that would also be violations of state law regarding alcohol, drugs, and weapons. Violations of university policies that are not violations of state law are not included. The University has made a good-faith effort to determine which alcohol violations would also constitute a violation of law, such as possession or consumption of alcohol by a minor or furnishing alcohol to a minor. The fact that a disciplinary referral was made does not necessarily mean that a violation was ultimately found to have occurred. Reported crimes may involve individuals not associated with the institution.
Clery Act Geography
Under the Clery Act, the University is required to disclose the four general categories of crimes that are reported on “campus.” The Office of Civil Rights further defines “campus” for Clery reporting purposes in two different ways –“on-campus” and “non-campus.”
On-Campus Buildings or Property
The definition of “on-campus” buildings or property for reporting purposes is:
Non-Campus Buildings or Property
A “non-campus” building or property is defined as:
The second part of the non-campus definition is applicable to additional locations that are associated with the University campus, but are not separate campuses, such as an athletic field leased by a university from a state or local government or classroom space leased by a university in a local high school to hold creative writing classes.
Off-campus student housing may also fall within the definition of a non-campus building or property.
Locations used repeatedly, i.e., annually, during overnight “away” trips that are sponsored by the University for students, may qualify for inclusion in the University’s non-campus reporting geography; as may locations used by students during University sponsored short-stay “away” trips lasting more than one night, provided that the location is controlled by the University and used to support educational purposes.
Public Property
“Public Property” is defined in statute as “all public property that is within the same
reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other
thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the
institution if the facility is used by the institution in direct support of, or in a manner related
to the institution’s educational purposes.” The regulatory definition of “public property” in
34 CFR 668.46(a) includes “all public property, including thoroughfares, streets,
sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and
accessible from the campus.”
In order for this definition to apply, the property in question must satisfy all three
conditions: 1) public (e.g., publicly-owned); 2) within or adjacent to campus; and 3)
accessible from campus. This definition excludes any private property, and may in some
cases exclude areas such as property divided by a fence or wall, or property with clearly
posted signs indicating that it is not part of the campus or that trespassing is prohibited.
Private property where students have established regular usage – whether legal, illegal,
open, or inconspicuous – that is not otherwise campus or non campus property, is not public
property for Clery reporting purposes. The Department applies no specific measurable
distance definition into adjacent public property. When the campus is adjacent to a public
park, that does not otherwise meet the definition of a public property, some institutions
have employed the practice of clearly designating campus boundaries through posted
Reported Crime Statistics Tables
Main Campus - 2807 N. Glebe Road, Arlington, VA 22207
2023 | On-Campus | Non Campus | Public Property | Residence Halls | Totals | Unfounded |
Murder/Non-Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Aggravated Assault | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses:Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Fondling | 2 | 0 | 0 | 0 | 2 | 1 |
Non-Forcible Sex Offenses: Statutory Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Incest | 0 | 0 | 0 | 0 | 0 | 0 |
Robbery | 0 | 0 | 0 | 0 | 0 | 0 |
Burglary | 0 | 0 | 0 | 0 | 0 | 0 |
Motor Vehicle Theft | 0 | 0 | 0 | 0 | 0 | 0 |
Arson | 0 | 0 | 0 | 0 | 0 | 0 |
Hate Crimes or Incidents | 0 | 0 | 0 | 0 | 0 | 0 |
Domestic Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Dating Violence | 1 | 0 | 0 | 0 | 1 | 3 |
Stalking | 2 | 0 | 0 | 1 | 2 | 0 |
Alcohol Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Referral | 14 | 1 | 0 | 14 | 15 | 0 |
Drug Referral | 14 | 1 | 0 | 12 | 15 | 0 |
Weapon Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Main Campus - 2807 N. Glebe Road, Arlington, VA 22207
2022 | On-Campus | Non Campus | Public Property | Residence Halls | Totals | Unfounded |
Murder/Non-Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Aggravated Assault | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Rape | 2 | 0 | 0 | 2 | 2 | 0 |
Forcible Sex Offenses: Fondling | 1 | 0 | 0 | 0 | 1 | 0 |
Non-Forcible Sex Offenses: Statutory Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Incest | 0 | 0 | 0 | 0 | 0 | 0 |
Robbery | 0 | 0 | 0 | 0 | 0 | 0 |
Burglary | 0 | 0 | 0 | 0 | 0 | 0 |
Motor Vehicle Theft | 1 | 0 | 0 | 0 | 1 | 0 |
Arson | 0 | 0 | 0 | 0 | 0 | 0 |
Hate Crimes or Incidents | 0 | 0 | 0 | 0 | 0 | 0 |
Domestic Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Dating Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Stalking | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Referral | 29 | 0 | 0 | 26 | 29 | 0 |
Drug Referral | 10 | 0 | 0 | 10 | 10 | 0 |
Weapon Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Main Campus - 2807 N. Glebe Road, Arlington, VA 22207
2021 | On-Campus | Non Campus | Public Property | Residence Halls | Totals | Unfounded |
Murder/Non-Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Aggravated Assault | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Rape/Fondling | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Statutory Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Incest | 0 | 0 | 0 | 0 | 0 | 0 |
Robbery | 0 | 0 | 0 | 0 | 0 | 0 |
Burglary | 2 | 0 | 0 | 0 | 2 | 0 |
Motor Vehicle Theft | 0 | 0 | 0 | 0 | 0 | 0 |
Arson | 0 | 0 | 0 | 0 | 0 | 0 |
Hate Crimes or Incidents | 0 | 0 | 0 | 0 | 0 | 0 |
Domestic Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Dating Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Stalking | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Referral | 27 | 0 | 0 | 23 | 27 | 0 |
Drug Referral | 3 | 0 | 0 | 2 | 3 | 0 |
Weapon Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Ballston Center - 1000 N. Glebe Road, Arlington, VA 22201
(Ballston Campus Apartments - 1008 N. Glebe Road, Arlington, VA 22201)
2023 | On-Campus | Non Campus | Public Property | Residence Halls | Totals | Unfounded |
Murder/Non-Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Aggravated Assault | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Fondling | ||||||
Non-Forcible Sex Offenses: Statutory Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Incest | 0 | 0 | 0 | 0 | 0 | 0 |
Robbery | 0 | 0 | 0 | 0 | 0 | 0 |
Burglary | 0 | 3 | 0 | 0 | 3 | 0 |
Motor Vehicle Theft | 0 | 0 | 0 | 0 | 0 | 0 |
Arson | 0 | 0 | 0 | 0 | 0 | 0 |
Hate Crimes or Incidents | 0 | 0 | 0 | 0 | 0 | 0 |
Domestic Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Dating Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Stalking | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Ballston Center - 1000 N. Glebe Road, Arlington, VA 22201
(Ballston Campus Apartments - 1008 N. Glebe Road, Arlington, VA 22201)
2022 | On-Campus | Non Campus | Public Property | Residence Halls | Totals | Unfounded |
Murder/Non-Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Aggravated Assault | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Fondling | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Statutory Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Incest | 0 | 0 | 0 | 0 | 0 | 0 |
Robbery | 0 | 0 | 0 | 0 | 0 | 0 |
Burglary | 0 | 3 | 0 | 0 | 3 | 0 |
Motor Vehicle Theft | 0 | 0 | 0 | 0 | 0 | 0 |
Arson | 0 | 0 | 0 | 0 | 0 | 0 |
Hate Crimes or Incidents | 0 | 0 | 0 | 0 | 0 | 0 |
Domestic Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Dating Violence | 0 | 1 | 0 | 0 | 1 | 0 |
Stalking | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Ballston Center - 1000 N. Glebe Road, Arlington, VA 22201
(Ballston Campus Apartments - 1008 N. Glebe Road, Arlington, VA 22201)
2021 | On-Campus | Non Campus | Public Property | Residence Halls | Totals | Unfounded |
Murder/Non-Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Aggravated Assault | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Fondling | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Statutory Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Incest | 0 | 0 | 0 | 0 | 0 | 0 |
Robbery | 0 | 0 | 0 | 0 | 0 | 0 |
Burglary | 0 | 0 | 0 | 0 | 0 | 0 |
Motor Vehicle Theft | 0 | 0 | 0 | 0 | 0 | 0 |
Arson | 0 | 0 | 0 | 0 | 0 | 0 |
Hate Crimes or Incidents | 0 | 0 | 0 | 0 | 0 | 0 |
Domestic Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Dating Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Stalking | 1 | 0 | 0 | 1 | 1 | 0 |
Alcohol Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Referral | 16 | 0 | 0 | 16 | 16 | 0 |
Drug Referral | 18 | 0 | 0 | 18 | 18 | 0 |
Weapon Referral | 0 | 0 | 0 | 0 | 0 | 0 |
4040 Center - 4040 N. Fairfax Drive, Arlington, VA 22203
2023 | On-Campus | Non Campus | Public Property | Residence Halls | Totals | Unfounded |
Murder/Non-Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Aggravated Assault | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Fondling | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Statutory Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Incest | 0 | 0 | 0 | 0 | 0 | 0 |
Robbery | 0 | 0 | 0 | 0 | 0 | 0 |
Burglary | 0 | 0 | 0 | 0 | 0 | 0 |
Motor Vehicle Theft | 0 | 0 | 0 | 0 | 0 | 0 |
Arson | 0 | 0 | 0 | 0 | 0 | 0 |
Hate Crimes or Incidents | 0 | 0 | 0 | 0 | 0 | 0 |
Domestic Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Dating Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Stalking | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Referral | 0 | 0 | 0 | 0 | 0 | 0 |
4040 Center - 4040 N. Fairfax Drive, Arlington, VA 22203
2022 | On-Campus | Non Campus | Public Property | Residence Halls | Totals | Unfounded |
Murder/Non-Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Aggravated Assault | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Fondling | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Statutory Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Incest | 0 | 0 | 0 | 0 | 0 | 0 |
Robbery | 0 | 0 | 0 | 0 | 0 | 0 |
Burglary | 0 | 0 | 0 | 0 | 0 | 0 |
Motor Vehicle Theft | 0 | 0 | 0 | 0 | 0 | 0 |
Arson | 0 | 0 | 0 | 0 | 0 | 0 |
Hate Crimes or Incidents | 0 | 0 | 0 | 0 | 0 | 0 |
Domestic Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Dating Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Stalking | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Referral | 0 | 0 | 0 | 0 | 0 | 0 |
4040 Center - 4040 N. Fairfax Drive, Arlington, VA 22203
2021 | On-Campus | Non Campus | Public Property | Residence Halls | Totals | Unfounded |
Murder/Non-Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Aggravated Assault | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Fondling | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Statutory Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Incest | 0 | 0 | 0 | 0 | 0 | 0 |
Robbery | 0 | 0 | 0 | 0 | 0 | 0 |
Burglary | 1 | 0 | 0 | 0 | 1 | 0 |
Motor Vehicle Theft | 0 | 0 | 0 | 0 | 0 | 0 |
Arson | 0 | 0 | 0 | 0 | 0 | 0 |
Hate Crimes or Incidents | 0 | 0 | 0 | 0 | 0 | 0 |
Domestic Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Dating Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Stalking | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Arrest | 0 | 0 | 1 | 0 | 1 | 0 |
Weapon Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Study Abroad Trips
Study Abroad
2023 | On-Campus | Non Campus | Public Property | Residence Halls | Totals | Unfounded |
Murder/Non-Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Aggravated Assault | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Rape/Fondling | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Incest/Statutory Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Robbery | 0 | 0 | 0 | 0 | 0 | 0 |
Burglary | 0 | 0 | 0 | 0 | 0 | 0 |
Motor Vehicle Theft | 0 | 0 | 0 | 0 | 0 | 0 |
Arson | 0 | 0 | 0 | 0 | 0 | 0 |
Hate Crimes or Incidents | 0 | 0 | 0 | 0 | 0 | 0 |
Domestic Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Dating Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Stalking | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Study Abroad
2022 | On-Campus | Non Campus | Public Property | Residence Halls | Totals | Unfounded |
Murder/Non-Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Aggravated Assault | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Rape/Fondling | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Incest/Statutory Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Robbery | 0 | 0 | 0 | 0 | 0 | 0 |
Burglary | 0 | 0 | 0 | 0 | 0 | 0 |
Motor Vehicle Theft | 0 | 0 | 0 | 0 | 0 | 0 |
Arson | 0 | 0 | 0 | 0 | 0 | 0 |
Hate Crimes or Incidents | 0 | 0 | 0 | 0 | 0 | 0 |
Domestic Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Dating Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Stalking | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Study Abroad
2021 | On-Campus | Non Campus | Public Property | Residence Halls | Totals | Unfounded |
Murder/Non-Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Negligent Manslaughter | 0 | 0 | 0 | 0 | 0 | 0 |
Aggravated Assault | 0 | 0 | 0 | 0 | 0 | 0 |
Forcible Sex Offenses: Rape/Fondling | 0 | 0 | 0 | 0 | 0 | 0 |
Non-Forcible Sex Offenses: Incest/Statutory Rape | 0 | 0 | 0 | 0 | 0 | 0 |
Robbery | 0 | 0 | 0 | 0 | 0 | 0 |
Burglary | 0 | 0 | 0 | 0 | 0 | 0 |
Motor Vehicle Theft | 0 | 0 | 0 | 0 | 0 | 0 |
Arson | 0 | 0 | 0 | 0 | 0 | 0 |
Hate Crimes or Incidents | 0 | 0 | 0 | 0 | 0 | 0 |
Domestic Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Dating Violence | 0 | 0 | 0 | 0 | 0 | 0 |
Stalking | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Arrest | 0 | 0 | 0 | 0 | 0 | 0 |
Alcohol Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Drug Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Weapon Referral | 0 | 0 | 0 | 0 | 0 | 0 |
Emergency Notifications/Timely Warning Notices
The University is committed to the safety and well-being of its faculty, staff, students, and guests to the campus. In compliance with the Higher Education Act of 1965, as amended, and Section 23-9.2:11 of the Code of Virginia, the University implemented a comprehensive communications system operating around the clock to provide prompt warning notifications, alerts of immediate threats and updates regarding the health and safety of the campus community. This system employs various methods, including but not limited to: email notices, phone, cellular text messages, Facebook, Twitter, website updates, PA systems, and digital signage alerts.
Timely Warning Notices
“Timely warnings” are provided in the event of a reported crime, either on-campus or off, that, in the judgment of the Director of Campus Safety or a designee, constitutes an ongoing or continuing, serious threat to the university community. The warnings (and updates) are generally written by the Campus Safety Operations Manager or a designee and are typically distributed via email to anyone who has a Marymount.edu email address or via one of several of the alert notification technologies depending upon the incident specifics. The Office of Campus Safety provides a timely warning to the campus community whenever a situation arises that constitutes an ongoing or potential threat. It is university policy to post these notices on the university website and/or make notifications to faculty and students.The MU Alerts issued by the Office of Campus Safety will contain information to enable members of the campus community to protect themselves, as well as providing information that would aid in the prevention of similar crimes. Such information may include the reported crime, location, dates of occurrence, suspect description(s) if application, reporting options, and safety tips.
Timely warnings are usually distributed for the following Uniformed Crime Reporting Program (UCR)/National Incident Based Reporting System (NIBRS) crime classifications: arson, criminal homicide, and robbery. In evaluating what constitutes a serious or continuing threat, the Director of Campus Safety will consider factors including, but not limited to, crime type, location, likelihood of reoccurrence, and time of initial reporting to the Office of Campus Safety. Cases of aggravated assault and sex crimes are normally considered on a case-by-case basis, depending on the facts of the case, the information known by Campus Safety and Emergency Management, and whether, in the opinion of the Director of Campus Safety, the crime constitutes an ongoing threat. If, for instance, a reportable crime occurs but the suspect is arrested, there may no longer be an ongoing threat to the university or community, and a warning may not be disseminated. Timely warnings may also be posted for other crime classifications, as deemed necessary.
Emergency Procedures
Campus Safety
703-284-4991 | csafety@marymount.edu
SHELTER-IN-PLACE
During Severe weather, hazardous materials spill, or an on-campus violence emergency, do the following:
SEVERE WEATHER
EVACUATIONS
In the event of an emergency that makes it necessary to evacuate the campus, directions will be given to do the following:
POWER OUTAGE
LOCKDOWN
When alerted that the campus or specific buildings are in “Lockdown,” occupants of any building within the subject area are to:
MEDICAL EMERGENCIES
DISABILITIES
REGIONAL EMERGENCY
Emergency Management Plan
Emergency Management Plan
The University’s Emergency Action Plan establishes procedures to be followed by employees in the event of an emergency, to include “Run, Hide, Fight,” and evacuation guidelines. It is the responsibility of all university employees to be knowledgeable of the emergency procedures and to participate in drills and exercises. Emergency preparedness posters are placed throughout each campus and emergency information is disseminated to faculty, staff, and students in an effort to provide them with information to be able to respond to an emergency event. It is included the publication of the Annual Security Report.
Emergency Response and Evacuation
Effective and efficient response and communication are essential components of any emergency plan, as well as testing the emergency response and evacuation procedures. The University is committed to testing the procedures at least annually and publicizing its procedures in conjunction with the test.
Active Shooter Drills were conducted as part of testing the Emergency Management Plan on September 20th, 21st, and 22nd in 2022. The drills were announced 1 week prior, with briefings on procedures, resources, and provided an opportunity to answer questions. Drills were held from 9:45 AM to 10:00 each day and were followed by debriefings.
The University community is notified on an annual basis that they are required to notify the Marymount University Office of Campus Safety or outside law enforcement agencies (via 911) of any situation or incident that involves a significant emergency or danger that may pose an immediate or ongoing threat to the health and safety of students and/or employees on campus. Marymount University and/or outside law enforcement agencies respond to such situations to assess the potential threat and summon the necessary resources to mitigate, investigate, and/or document any situation that may pose a significant emergency or danger. In addition, Campus Safety and outside law enforcement respond to such incidents to determine if the situation does in fact pose an immediate threat to the community. Marymount University will immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of student or employees occuring on campus.
The Office of Campus Safety is responsible for coordination of the University Emergency Management Plan. Once the Director of Campus Safety has confirmed a significant emergency or dangerous situation as described above, the University Emergency Management Plan will be implemented as described below.
Testing Emergency Response and Evacuation Procedures
Emergency evacuation fire drills are required and mandated by the Virginia Statewide Fire Prevention Code, Chapter 4. The 2008 Higher Education Opportunity Act requires testing of the University emergency response and evacuation procedures. Marymount University complies with the provisions of the aforementioned code and federal statute.
The University conducts a fire evacuation drill semi-annually for all residence hall buildings. In addition, the University conducts alert notification drills such as tornado/severe weather and active shooter drills regularly to test all or a portion of the alert notification systems.
The evacuation drills are designed to prepare building occupants for an organized evacuation in case of an emergency and are used to educate and train occupants on issues specific to their building. During the drill, occupants practice drill procedures and familiarize themselves with the location of exits, assembly locations, and the sound of the fire alarm. In addition to educating the occupants of each building about the evacuation procedures during the drills, the process also provides the University an opportunity to test the operation of fire alarm or related emergency notifications system components.
All drills are monitored by the Office of Campus Safety and the Office of Physical Plant to evaluate egress, behavioral patterns, as well as evacuation efficiency and expedience. Afterward, an after action report is prepared by the Office of Campus Safety. This follow-through activity is designed for assessment and evaluation of emergency plans and capabilities.
The University Emergency Management Plan provides emergency response information to faculty and staff for various types of emergency situations. Students, faculty, and staff are also encouraged to download the LiveSafe App. The LiveSafe App is the University’s emergency notification system. LiveSafe is a free mobile safety app that Marymount University provides to the Marymount community. LiveSafe gives the opportunity for students, staff, faculty, and visitors on campus to effectively communicate with Campus Safety and other University departments via mobile device. By downloading the app, Marymount University students, faculty, staff, and visitors can receive MU alerts about emergency situations affecting the campus community, as well as notification of weather-related delays, cancellations, and closings. MU Alerts will be delivered to the community via text message, email, and push notifications. Marymount affiliated members will still receive MU Alerts via their Marymount email if they choose not to download the LiveSafe App. MU Alerts enables the University to notify members of the campus community quickly in the event of an emergency. Messages sent will be brief, stating the nature of the situation and suggested action.
Emergency Communications
The Emergency Communication Plan provides information on the University’s emergency communication plans and procedures. It serves as the primary tool for implementing communication-related activities in crisis situations. It has been developed to provide guidance to University officials in regard to delivering an effective, efficient, timely, and comprehensive message before, during, and after emergency situations.
An immediate notification will be issued when the Office of Campus Safety, or other designated official, has confirmed that an emergency situation poses an immediate threat to the life, safety or security of the campus community. The Campus Safety Officer in Charge or other designated official will authorize the emergency notification based on the operational guidelines in the Emergency Communication Plan. In addition, the University will, without delay and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will, in the professional judgment of responsible authorities, compromise efforts to assist a victim or to contain, respond to or otherwise mitigate the emergency. The University will use some or all of the systems described below to communicate the threat to the University community or to the appropriate segment of the community, if the threat is limited to a particular building or segment of the population.
University Marketing and Communications will manage, direct, and disseminate supplemental non-emergency communications to the appropriate audiences, including students, parents of students, faculty, staff, the news media, the surrounding community, and individuals and/or organizations outside the campus community.
In the event of a serious incident that poses an immediate threat to members of the University community, the University has various systems in place for communicating the information quickly. Some or all of the methods of communication listed below may be used in the event of an immediate threat to the campus community:
The LiveSafe App is the University’s emergency notification system. LiveSafe is a free mobile safety app that Marymount University provides to the Marymount community. LiveSafe gives the opportunity for students, staff, faculty, and visitors on campus to effectively communicate with Campus Safety and other University departments via mobile device. By downloading the app, Marymount University students, faculty, staff, and visitors can receive MU alerts about emergency situations affecting the campus community, as well as notification of weather-related delays, cancellations, and closings. MU Alerts will be delivered to the community via text message, email, and push notifications. Marymount affiliated members will still receive MU Alerts via their Marymount email if they choose not to download the LiveSafe App. MU Alerts enables the University to notify members of the campus community quickly in the event of an emergency. Messages sent will be brief, stating the nature of the situation and suggested action.
Emergency messages can be put on the University’s website quickly from any location. There is an alert at the top of the page that appears when an emergency message is posted. When monitoring the web pages for information, it is recommended that the user occasionally refresh the webpage for the most current information when actively monitoring an incident.
Emergency messages can be sent through the University’s X and Facebook accounts.
During emergencies, email can be sent university-wide to all employees and students. Separate distribution lists are also maintained for each campus.
University Marketing and Communications sends press releases and makes calls to local media. Because of the transient nature of its population, the University depends heavily on broadcast media to notify students, faculty, and staff of emergencies before or during their commutes.
NOTE: All technologies may not be available at all of Marymount University’s locations or facilities. The Marymount University Emergency Communication Plan can be found at https://my.marymount.edu/getmedia/178eb88a-7327-4640-ba96-79273580bf06/Emergency-Management-Plan-2015
Access to Campus Buildings and Maintenance of
Campus Facilities
Marymount University's campus grounds is an open environment, allowing individuals to move freely around the campus grounds. All access to residence hall living areas is card-controlled, available only to those authorized to enter these areas. Residence halls are locked 24 hours a day, with an electronic system controlling access. Emergency exits and other side doors are electronically monitored by computer and/or equipped with local alarm bells to prevent propping and illegal entry. Visitors are escorted by a resident student while within the residence hall. Residents may be held responsible for the misconduct of their guests per Community Standards Blue Book. Several campus buildings are equipped with electronic burglar-intrusion devices and are monitored by Campus Safety personnel. Other campus buildings, such as classroom buildings and the library, are kept secured when not in use.
Ballston Center and 4040 N. Fairfax
Located in the Ballston professional district in Arlington County, the University’s Ballston Center is just minutes from the Main Campus. Opened in August 2017 with the launch of the new academic year, the complex includes a nine-story academic/office building and fifteen-story residential/retail building, each with underground parking. The complex is anchored by a public plaza and green space courtyard.
The 4040 Center houses our physical therapy doctoral program. It is patrolled by Campus Safety Officers, when in use and is equipped with security cameras. Access to University spaces within the building are card access controlled.
Monitoring and Managing Concerning or
Threatening Behavior
Reporting a Concern
Sometimes situations arise in which students, parents, or faculty have concerns about a University student. Whether it is a concern for a student’s health, welfare, or safety, the Office of Student Affairs is available to help.
If you have a concern about a current University student, you may refer the matter to the Marymount University Student Care Team by visiting the following link: https://www.marymount.edu/Student-Life/Student-Affairs-Administration/Report-a-Concern
You may also contact the Student Care Team Chair at 703-908-7670 for consultation during regular business hours.
Threat Assessment Team
The University has a standing Threat Assessment Team. The role of this team is to assess whether an individual poses, or might reasonably pose, a threat of violence to self, others, or the Marymount University community, and to intervene to avert the threat. The team responds to behaviors exhibited by students, employees, visitors, and non-affiliated persons prior to a critical incident in an attempt to prevent violence so that the University campus remains a safe and secure working and learning environment. The University’s Threat Assessment Team is comprised of three permanent members:
♦ Director for Campus Safety and Transportation
♦ Assistant Director, Community Standards and Title IX Coordinator
♦ Director of Student Counseling Services
In addition to the permanent membership, other Marymount University staff and faculty, as well as outside experts, may be called to participate on the team as circumstances dictate.
On Campus Security Cameras: Monitoring and Recording
Campus buildings and equipment are maintained by University facilities personnel and are patrolled by Campus Safety Officers. An integrated network of cameras operated by the Office of Campus Safety assists monitoring. The University campuses, including all buildings, grounds, parking areas, and roadways, are maintained with concern for safety and security. Campus buildings and equipment are inspected regularly and needed repairs to replace faulty equipment and to mitigate potential hazards are promptly made.
Firearms/Dangerous Weapons and Materials Policy
Faculty, staff, and students may not possess or carry any weapon anywhere on the University’s property. It is a violation of University policy, as defined in student, faculty, and employee policies, to carry weapons or to leave them in a car parked on the campus. This policy also prohibits persons who may possess concealed carry permits from bringing weapons onto the University campuses in a manner otherwise described by the weapons policy. The only exception applies to duly sworn law enforcement officers while on duty. While civilian-attired police officers are authorized to carry firearms, they must keep them concealed so as not to alarm others. Bringing explosives and other dangerous chemicals onto campus is prohibited, without exception.
Crime Prevention and Campus Safety Awareness
Crime Prevention and Campus Safety Awareness
The University works hard to ensure the safety and security of the University community. However, students and employees must take ultimate responsibility for their own safety and their personal belongings. Common sense precautions are the most effective means of maintaining personal security. Here are some practical suggestions:
♦ After dark, always travel in groups of two or more people.
♦ Always keep to well-lighted and maintained walkways.
♦ Immediately report any suspicious-looking persons or out-of-ordinary
occurrences (such as propped doors or broken windows) to Campus Safety at
ext. 1600.
♦ Take advantage of the University’s free and convenient 24-hour security escort
service to and from any place on campus property by calling ext. 1600 for the
Main Campus or ext. 5900 for 4040 Center and Ballston Center.
♦ Take advantage of the University’s free and convenient shuttle transportation
when traveling to or from the Main Campus, Ballston Center, and the metro
station. Additional information and shuttle timetables are available in the Office of
Campus Safety and online at marymount.edu/shuttles.
♦ Never park in dark, remote, or unsafe areas. Always lock your car after parking,
don’t leave valuables visible, and have your car keys ready when you return to
your car.
♦ Always be familiar with your destination and route and, if you go out alone, let
someone know where you are going.
♦ Never prop open doors of campus buildings. Remove props from doors if you
see any and report the situation to Campus Safety.
♦ Please note that on weekends or other days when there are no classes,
unoccupied buildings will be kept locked.
♦ Notify Campus Safety or a member of the university staff of any individual who
appears not to have legitimate business on campus or whose actions arouse
suspicion or concern.
♦ Know the phone number of Campus Safety, 703-284-1600. Save it on your cell phone.
♦ Always remember, call 911 in an emergency.
For additional information on security, visit the Office of Campus Safety at Gerard Hall, G205B or call 703-284-4991.
CRIME PREVENTION AND CAMPUS SAFETY AWARENESS PROGRAMS
New Student Orientation, Campus Life Panel. (Eight Sessions Annually)
♦ Informs incoming students about the security and safety resources available to them
♦ Demonstrates the utility of LiveSafe Alert and it’s two-way communication system
♦ Informs incoming students of the safe walks available to them
Active Shooter Drills
♦ Conducts 3 Active Shooter Drills Annually for Students and Employees
♦ Drills are preceded by briefings on the particulars of the drills, LiveSafe, and Q&A’s.
♦ After drills were conducted, briefings were held to take feedback and learn from results
MISSING RESIDENT STUDENT NOTIFICATION PROCEDURE
While many missing resident student reports at universities are the result of a student changing their normal routine and neglecting to inform their roommates, friends, and/or family of their whereabouts, Marymount University takes reports of missing resident students seriously. The University handles missing resident student reports pursuant to the following procedures.
The University defines a resident student as a student who resides in on-campus housing under a licensing agreement and is currently enrolled at the University. For the purposes of this procedure, a resident student is presumed missing if they are overdue in reaching home or campus for more than 24 hours past their expected arrival and a check of their residence supports that determination. A resident student may be considered missing if they are overdue in reaching home, campus, or another specific location past their expected arrival, or any additional factors which lead University staff to believe they is missing, and a check of their
residence supports that determination.
Any member of the University community who has reason to believe a student residing in on-campus housing has been missing for 24 hours should immediately contact the Office of Campus Safety and Emergency Management at 703-284-4991.
In addition to registering a general emergency contact, students residing in on-campus housing have the option to identify, confidentially, one or more individuals to be contacted (“Confidential Contact”) by the University in the event the student has been determined to be missing for 24 hours, or is otherwise determined to be missing. A student who wishes to designate a Confidential Contact may do so at the same time he/she provides general emergency contact information or by contacting the Office of Student Living. The Confidential Contact will remain until revoked or changed by the student. The Confidential Contact information will be kept confidential and will be accessible only to authorized University officials and law enforcement in furtherance of a missing person investigation.
When the Office of Campus Safety receives a missing student report, it will promptly initiate an investigation and notify Office of Student Living. If a student has designated a Confidential Contact(s), the Division of Student Affairs will notify the Confidential Contact(s) within 24 hours of the determination that the student is missing. In the event that the missing resident student is a minor (under the age of 18 years) and is not emancipated, the parent or legal guardian, if different than the designated Confidential Contact, will also be notified within 24 hours of the determination that the student is missing. The Office of Campus Safety will notify the Arlington County Police Department within 24 hours of the determination that the student is missing.
KEEPING INFORMED
The University offers programs designed to provide crime prevention education and teach safety precautions. Programs are offered annually during Orientation and at other times as announced in The Bark, an events digest published by the Division of Student Affairs, and by other means. Information about common-sense safety precautions is included in this brochure and in the Student Handbook. Crimes that are considered to be a threat to students and employees, and that are reported to any of the offices listed in this Annual Safety and Fire Report, are reported to the University community in a timely manner. These timely warnings may be by text message, email, flyer, or other forms of mass communication.
WHAT YOU CAN DO
♦ Do not leave purses, wallets, or valuables in open areas or unattended.
♦ Do not leave car doors or room doors unlocked, or windows open in your
absence.
♦ Walk on lighted sidewalks, and do not take shortcuts through dark areas.
♦ Walk with someone in the evenings.
If you see suspicious persons or a crime being committed, report it to Campus Safety at ext. 1600 or report a tip through the LiveSafe App. The more alert you are, the safer the campus will remain.
More information on Marymount University Campus Safety and the Clery Act, including the Daily Crime Log, Clery reportable crime definitions and associated information, crime alerts, the Annual Safety Report, training resources, Campus Security Authorities, and additional resources is easily accessible and available to the public at https://marymount.edu/student-life/health-wellness/campus-safety/security-on-campus/.
EMERGENCY CALL BOXES
Emergency Call Boxes are located on the Main Campus in both the Blue and White University parking garages on each level. Emergency call boxes are also located at the Ballston Center. Push the red button to talk directly to Campus Safety. Call Boxes are for emergency use only and should not be activated to request room openings or for non-emergency issues. Campus Safety tests all emergency call boxes monthly to ensure serviceability. Officers on duty will immediately respond to any emergency call for service.
SECURITY ESCORT SERVICE
The Office of Campus Safety offers 24-hour safety escort service to all students and employees to and from any location on the Main Campus, Ballston Center, Ballston Campus Apartments Apartments, and at the 4040 Building. Escort requests are made by calling ext. 1600 or by stopping by any campus security station.
Sex Offender Registry Access
The Campus Sex Crimes Prevention Act of 2000 requires universities to issue a statement advising the campus community where law enforcement agency information provided by the state concerning registered sex offenders may be obtained. In Virginia, the information is available at the following Virginia State Police website: www.vsp.state.va.us (click on “Sex Offender Registry”).
Alcohol and Drug Policies
Alcohol and Drug Policy
The following is Marymount University’s Alcohol and Policy Policy found in 2024-2025. A copy of Marymount University Community Standards is available at: https://marymount.edu/student-life/wp-content/uploads/sites/4/2024/09/2024-2025-Community-Standards-Blue-Book-Published-with-FoE-Policy.pdf .
Introduction
The University is concerned about students who improperly use alcohol and other drugs and the effects such use may have on their health, academic success, interpersonal relationships, and ultimately their future. The misuse of alcohol, the use of illicit drugs, and the misuse of prescription medications are discouraged, disciplined, and will not be tolerated. Our goal can be achieved by campus-wide involvement in comprehensive and on-going alcohol and drug education, and the enforcement of the following guidelines.
A. Policy on Parental Notification
The University reserves the right to notify the parents of students who are under the age of 21 of the outcomes of any alcohol or drug cases where a student is found responsible, particularly in the cases which also result in disciplinary or housing probation, loss of housing, suspension, or expulsion.
B. Alcohol Policy
The following sections describe the University’s policy regarding the sale, service, distribution, and consumption of alcoholic beverages on University property or at University-sponsored events, in accordance with federal, state and local laws.
Basic Guidelines
Students who are of legal drinking age — 21 years of age or older — are permitted to possess and consume alcohol in designated University housing, select University dining facilities where alcohol is served, or at approved University-sponsored events where alcohol is served. Students who are of legal drinking age may not share with or provide alcohol to any students, employees, or guests who are under 21 years of age.
Those under the legal drinking age are not permitted to possess or consume alcohol anywhere on University property or at University-sponsored events. Drinking games, and simulated drinking games (e.g. water pong) are prohibited on campus.
Within the University housing, students who are 21 years of age or older may only consume alcohol in the rooms of other students where at least one resident of that room is 21 or older and present at the time of consumption.
The Following is a List of the University’s Alcohol Policy Violations:
NOTE: Alcohol is not permitted in rooms where no resident(s) assigned to the room is at least 21 years of age
Participating in or being present during the drinking game or simulated drinking game regardless of age; and
Dining facilities where alcohol is served, University-sponsored events where alcohol is specifically permitted, locations listed in the University housing policies and specifically approved for the consumption of alcohol, or a residence hall room or apartment where the host is 21 and present, regardless of the possessor’s age.
Sanctioning for Alcohol Policy Violations
Hearing Officers and Student Conduct Boards have been trained to carefully weigh a variety of factors when determining sanctioning. Below are three lists of violation categories and common sanctions for each offense. The lists below are suggestions; each Hearing Officer must consider a variety of aggravating and mitigating factors. Potential aggravating factors include but are not limited to: hosting a party where persons under 21 are consuming alcohol; failing to cooperate with the instructions of a University official or law enforcement officer; disorderly conduct; being verbally abusive toward staff or students; quantity of alcohol; potential for injury to self or others; and past conduct history. Potential mitigating factors include but are not limited to: compliance with the instructions of staff; admitting responsibility during the Hearing or the documentation of the incident; conducting oneself in an appropriate manner; student is able to articulate personal responsibility; student creates and follows a treatment plan prior to Hearing; and assisting the staff addressing the incident.
Standard Violations of the University Alcohol Policy
Include, but are not limited to: being present while alcohol is being consumed by a person under the age of 21; possession of an empty alcohol container by a person under the age of 21; and consumption/possession by a person under the age of 21.
First Offense — Possible sanctions include, but are not limited to:
♦ University Final Warning
♦ Participation in an alcohol education course
♦ Restorative action requirements/ Community service
♦ Other sanctions as determined by Chief Conduct Officer (or designee)
Second Offense — Possible sanctions include, but are not limited to:
♦ Disciplinary Probation and University Housing Probation for one calendar year
♦ Restorative Action within the Marymount Community
♦ Notification of parents/guardians of dependent students, as defined by FERPA;
and/or
♦ Other sanctions as determined by the Chief Conduct Officer (or designee).
Third and Subsequent Offenses — Possible sanctions include, but are not limited to
♦ Extension of disciplinary probation
♦ Loss of housing for minimum of one calendar year
♦ Restorative action requirements/ Community Service
♦ Notification of parents/guardians of dependent students, as defined by FERPA;
and/or
♦ Suspension or Expulsion
♦ Other sanctions as determined by the Chief Conduct Officer (or designee).
Serious Violations of the University Alcohol Policy
Include but are not limited to: hosting a large or unruly party where persons under the age of 21 are consuming or have consumed alcohol; non-compliance with or disrespect toward staff while also violating a policy that would be categorized as a minor violation of the alcohol policy; consuming alcohol in a space other than designated areas; consuming alcohol to the point where intervention by staff, police, or EMS is required; and furnishing, selling or providing alcohol to a person under the age of 21.
First Offense — Possible sanctions include, but are not limited to:
♦ Disciplinary Probation and University Housing Probation for one calendar year;
♦ Participation in an alcohol education course (typically Alcohol101+ for persons under 21 or other educational courses for persons over 21) at the student’s expense as determined by the Hearing Officer
♦ Mandated self-assessment
♦ Restorative action requirements/Community service
♦ Notification of parents/guardians of dependent students, as defined by FERPA;
and/or
♦ Other sanctions as determined by the Chief Conduct Officer (or designee)
Second and Subsequent Offenses — Possible sanctions include, but are not limited to:
♦ Disciplinary probation through tenure
♦ Loss of housing for minimum of one calendar year
♦ Restorative action requirements/Community service
♦ Notification of parents/guardians of dependent students, as defined by FERPA
♦ Suspension or Expulsion
and/or
♦ Other sanctions as determined by the Chief Conduct Officer (or designee)
Major violations of the University alcohol policy
Include but are not limited to: possessing, using, or serving from a common source of alcohol; driving under the influence where there is no injury or other aggravating factors; and other alcohol-related behaviors that pose a concern for the welfare of the student and/or community.
First Offense — Possible sanctions include, but are not limited to:
♦ Disciplinary probation for two calendar years, suspension, and/or expulsion
♦ Loss of housing for minimum of one calendar year
♦ Participation in an alcohol education course (typically Alcohol101+ for persons under 21 or other educational courses for persons over 21) at the student’s expense as determined by the Hearing Officer
♦ Mandated self-assessment
♦ Restorative action requirements/Community service
♦ Notification of parents/guardians of dependent students, as defined by FERPA;
and/or
♦ Other sanctions as determined by the Chief Conduct Officer (or designee)
Second and Subsequent Offenses — Possible sanctions include, but are not limited to:
♦ Suspension or expulsion from the University
♦ Notification of parents/guardians of dependent students, as defined by FERPA;
and/or
♦ Other sanctions as determined by the Chief Conduct Officer (or designee).
C. Illegal Drug Policy
Introduction
The following sections describe the University’s policy regarding the sale, manufacture, distribution, possession, and use of illegal drugs on or off University property or at University-sponsored events, in accordance with federal, state, and local laws.
This policy provides flexibility for the University in addressing drug-related offenses which occur on or off campus. Moreover, it permits the University to address its fundamental mission of holistic education and the development of human potential. While recognizing that there is a need to address violations related to the use or possession of controlled substances, the University must address the education and well-being of all its students and employees. In addition to University imposed sanctions, students and employees may be subject to all legal sanctions under federal, state, and local laws for any offenses involving illegal drugs on University property or at University-sponsored activities.
Although the Commonwealth of Virginia has legalized marijuana for both recreational and medical use for people over 21 effective July 1, 2021, marijuana is still considered an illegal drug federally. Marymount University’s Illegal Drug Policy prohibits the unlawful or unauthorized manufacture, distribution, dispensation, possession, or use of illegal drugs on university property including assigned residential rooms and within its programs and activities regardless of age. The University must abide by federal laws, including the Drug-Free Workplace Act and the Drug-Free Schools and Communities Act. Violations of the Drug Policy will result in a referral to the Office of Student Conduct and Conflict Resolution for adjudication.
Students, faculty, staff, and members of the community cannot use, be under the influence of, possess, or cultivate marijuana in any form for any reason while on-campus or while attending off-campus, university-sponsored events. This includes (but not limited to) smoking, vaping, and edibles.
Safe Harbor
The University has a Safe Harbor rule for students. The University believes that students who have a drug and/or addiction problem deserve help. If any Marymount student brings their own use, addiction, or dependency to the attention of University Officials outside the threat/use of drug tests or conduct sanctions and seeks assistance, a conduct complaint will not be pursued.
A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and campus conduct processes may be initiated.
Violations of the University Illegal Drug Policy
♦ Possessing or using any form of illegal drug, synthetic drug, or unlawfully obtained
prescription drug
♦ Distributing, selling, or manufacturing any form of illegal drug, synthetic drug, or
unlawfully obtained prescription drug
♦ Possessing or using paraphernalia (e.g. bongs, rolling paper, pipes, bats, etc.) that a
reasonable person would believe is for the use or storage of an illegal drug, synthetic
drug, or unlawfully obtained prescription drug
Sanctioning
Hearing Officers and Student Conduct Boards have been trained to carefully weigh a variety of factors when determining sanctioning. Below are two lists of violation categories and common sanctions for each offense. The list below is a suggestion; each Hearing Officer must consider a variety of aggravating and mitigating factors. Potential aggravating factors include, but are not limited to: failing to cooperate with the instructions of a University official or law enforcement officer; disorderly conduct; being verbally abusive toward staff or students; quantity of illegal drugs; potential for injury to self or others; and past conduct history. Potential mitigating factors include, but are not limited to: compliance with the instructions of staff; admitting responsibility during the Hearing or the documentation of the incident; conducting oneself in an appropriate manner; student is able to articulate personal responsibility; student creates and follows a treatment plan prior to Hearing; and assisting the staff addressing the incident.
Manufacture, Sale or Distribution of Illegal Drugs:
First Offense — Sanctions include, but are not limited to:
♦ Suspension or expulsion from the University
♦ Immediate removal from housing
♦ Notification of parents/guardians of dependent students, as defined by FERPA
♦ Notification of law enforcement authorities; and/or
♦ Other sanctions as determined by the Chief Conduct Officer (or designee)
For the Possession or Use of Drug Paraphernalia, Synthetic
Substances, and/or Illegal Drugs: Drug Paraphernalia (e.g.
bongs, rolling paper, pipes, bats, etc.), Illegal Drugs, and
Synthetic Substances (e.g. K2, Spice) Whose Common
Purpose is to Replicate the Effects of Illegal Substances are
Prohibited on Campus
First Offense — small quantities of marijuana—Possible sanctions include, but are not limited to:
♦ Disciplinary probation for one calendar year
♦ Participation in a drug education activity, at the student’s expense and as
determined by the Chief Conduct Officer (or designee)
♦ Mandated self-assessment
♦ Restorative action requirements/Community service hours to be performed at a certain location as determined by the Chief Conduct Officer (or designee)
♦ Notification of parents/guardians of dependent students, as defined by FERPA;
and/or
♦ Other sanctions as determined by the Chief Conduct Officer (or designee)
Second Offense—small quantities of marijuana— Possible sanctions include, but are not limited to:
♦ Loss of housing and disciplinary probation through tenure
♦ Notification of parents/guardians of dependent students, as defined by FERPA;
and/or
♦ Other sanctions as determined by the Chief Conduct Officer (or designee)
Offenses Other than Small Quantities of Marijuana
First Offense—other than marijuana—Possible sanctions include, but are not limited to:
♦ Loss of housing and disciplinary probation through tenure or suspension or
Expulsion
♦ Notification of parents/guardians of dependent students, as defined by FERPA;
and/or
♦ Other sanctions as determined by the Chief Conduct Officer (or designee).
Second Offense—other than marijuana— Possible sanctions include, but are not limited to:
♦ Suspension or expulsion;
♦ Notification of parents/guardians of dependent students, as defined by FERPA;
and/or
♦ Other sanctions as determined by the Chief Conduct Officer (or designee)
D. Saints Act: Medical Amnesty Policy Statement
The University is committed to the development of a safe and healthy educational environment. As a community, it is imperative that we work together and report concerns for the safety and welfare of students. The University recognizes that possible consequences within the conduct system may deter students from promptly reporting alcohol and drug related medical concerns to those in a position to assist. This policy is designed to remove barriers to reporting while supporting the University’s commitment to community safety.
Policy
This policy applies to students who:
♦ Call for medical assistance for another person
♦ Receive medical assistance related to the consumption or use of alcohol or drugs
♦ Are bystanders.
Students acting under this policy will not be referred to the University conduct system provided:
a) The alleged violations of University policy:
1. Are non-violent
2. Do not create a significant concern for the safety or welfare of the community, and
3. Are not potentially felony criminal acts.
b) The request for assistance is initiated by a student, not a student-employee, faculty member, or staff member acting in their official capacity.
c) Students do not impede or interfere with personnel responding to the situation.
d) Students complete the follow-up meetings or actions required by the University administration.
Utilizing this Policy
Students seeking help for others should call the Department of Campus Safety at 703-284-1600 and describe the nature of the emergency. The Department of Campus Safety will respond and assess the situation. Students who believe that there is a need for immediate medical attention should call 911 directly and then the Department of Campus Safety.
Follow-up
The University believes that this policy is part of a larger approach to addressing alcohol and drugs on-campus. Students will not be referred to the University conduct system provided that they complete follow-up meetings or actions required by the University administration. These may include but are not limited to meetings with administrators, attendance at educational programs, compensation for property damage, counseling screenings, and/or parental notification/involvement.
E. Health Effects of Alcohol and Drug Use
The University affirms that illegal drug use is harmful and detrimental to the educational objectives of the University. The illegal use of drugs and the abuse of alcohol by students and employees could result in cognitive deficits, loss of productivity, and other health risks. These risks include an increased incidence of accidents which may result in death or permanent injury.
Warning Signs
The use and abuse of alcohol and drugs are serious issues that should not be ignored or minimized, and we should not sit back and hope they just go away. If left untreated, use and abuse can develop into drug dependence or alcoholism. As a result, it is important to recognize the signs and symptoms of alcohol and drug abuse early. If you’re worried that a friend or family member might be abusing alcohol or drugs, here are some of the warning signs to look for:
Physical and health warning signs of drug abuse
♦ Eyes that are bloodshot or pupils that are smaller or larger than normal
♦ Frequent nosebleeds could be related to snorted drugs (meth or cocaine)
♦ Changes in appetite or sleep patterns
♦ Sudden weight loss or weight gain
♦ Seizures without a history of epilepsy
♦ Deterioration in personal grooming or physical appearance
♦ Injuries/accidents and they won’t or can’t tell you how they got hurt
♦ Unusual smells on breath, body, or clothing
♦ Shakes, tremors, incoherent or slurred speech, impaired or unstable
coordination
Behavioral signs of alcohol or drug abuse
♦ Drop in attendance and performance at work or school; loss of interest in
extracurricular activities, hobbies, sports or exercise; decreased motivation
♦ Complaints from co-workers, supervisors, teachers or classmates
♦ Unusual or unexplained need for money or financial problems; borrowing or
stealing; missing money or valuables
♦ Silent, withdrawn, engaging in secretive or suspicious behaviors
♦ Sudden change in relationships, friends, favorite hangouts, and hobbies
♦ Frequently getting into trouble (arguments, fights, accidents, illegal activities)
Psychological warning signs of alcohol or drug abuse
♦ Unexplained change in personality or attitude
♦ Sudden mood changes, irritability, angry outbursts or laughing at nothing
♦ Periods of unusual hyperactivity or agitation
♦ Lack of motivation; inability to focus, appears lethargic or “spaced out”
♦ Appears fearful, withdrawn, anxious, or paranoid, with no apparent reason
Acute Effects/Health Risks by Drug Type
♦ Alcohol – drowsiness, slurred speech, nausea, emotional volatility, loss of coordination,
visual distortions, impaired memory, sexual dysfunction, loss of consciousness, increased
risk of injuries, violence, fetal damage (in pregnant women), depression, neurological
deficits, hypertension, liver and heart disease, obesity, addiction, fatal overdose.
♦ Amphetamines/Methamphetamines – increased heart rate, blood pressure, body
temperature and metabolism, tremors, reduced appetite, irritability, anxiety, panic,
paranoia, violent behavior, psychosis, weight loss, insomnia, severe dental problems, cardiac and cardiovascular complications, stroke, seizures, addiction.
♦ Cocaine – increased heart rate, blood pressure, body temperature and metabolism, tremors, reduced appetite, irritability, anxiety, panic, paranoia, violent behavior, psychosis, nasal damage, weight loss, insomnia, cardiac or cardiovascular complications, stroke, seizures, Addiction.
♦ Dissociative Drugs (Ketamine, PCP, Salvia divinorum, DXM) – impaired motor
function, anxiety, tremors, numbness, memory loss, nausea, analgesia, delirium, respiratory
depression and arrest, psychosis, aggression, violence, slurred speech, hallucinations,
dizziness, distorted visual perceptions, death.
♦ Flunitrazepam – sedation, confusion, memory loss, dizziness, impaired
coordination, addiction.
♦ Gamma Hydroxybutyrate (GHB) – drowsiness, nausea, headache, disorientation, loss of coordination, memory loss, unconsciousness, seizures, coma.++
♦ Hallucinogens (LSD, mescaline, psilocybin) – hallucinations, nausea, increased body
temperature, heart rate and blood pressure, loss of appetite, sweating, sleeplessness,
numbness, dizziness, weakness, tremors, impulsive behavior, rapid shifts in emotion,
flashbacks, hallucinations, Persisting Perception Disorder, nervousness, paranoia, panic.
♦ Heroin/Opium – drowsiness, impaired coordination, dizziness, confusion, nausea,
sedation, feelings of heaviness in the body, slowed or arrested breathing, constipation,
endocarditis, hepatitis, HIV, addiction, fatal overdose.
♦ Inhalants – loss of inhibition, headache, nausea or vomiting, slurred speech, loss of motor coordination, wheezing, cramps, muscle weakness, depression, memory impairment, damage to cardiovascular and nervous systems, unconsciousness, sudden death.
♦ Marijuana/Hashish – slowed reaction time, distorted sensory perception, impaired
balance and coordination, increased heart rate and appetite, impaired learning and memory, anxiety, panic attacks, psychosis, cough, frequent respiratory infections, possible mental health decline, addiction.
♦ Methylenedioxymethamphetamine (MDMA), Ecstasy/Molly – lowered inhibition,
anxiety, chills, sweating, teeth clenching, muscle cramping, sleep disturbances, depression,
impaired memory, hyperthermia, addiction.
♦ Nicotine – increased blood pressure and heart rate, chronic lung disease, cardiovascular
disease, stroke, cancers of the mouth, pharynx, larynx, esophagus, stomach, pancreas, cervix, kidney, bladder, and acute myeloid leukemia, adverse pregnancy outcomes, addiction.
More Information can be found on the National Institute on Drug Abuse website:
F. Summary of Penalties Under Law
The following is a summary of penalties under law for illegal use and/or possession of controlled substances. While this list is updated regularly, the federal and state laws change and may not be accurately reflected in this summary. Students are encouraged to know and understand the legal implications of their actions prior to making decisions.
Federal Drug Schedules
Drugs, substances, and certain chemicals used to make drugs are classified under the Federal Controlled Substances Act into five (5) distinct categories or schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependence potential. The abuse rate is a determinant factor in the scheduling of the drug; for example, Schedule I drugs are considered the most dangerous class of drugs with a high potential for abuse and potentially severe psychological and/or physical dependence. As the drug schedule changes — Schedule II, Schedule III, etc., so does the abuse potential — Schedule V drugs represent the least potential for abuse.
A listing of drugs and their schedule can be found in the Controlled Substance Act (CSA) at: http://www.deadiversion.usdoj.gov/schedules/orangebook/c_cs_alpha.pdf. These lists are intended as general references and are not comprehensive listings of all controlled substances.
A substance need not be listed as a controlled substance to be treated as a Schedule I substance for criminal prosecution and may include a substance that is not an approved medication in the United States.
Federal Laws (Federal Controlled Substances Act, 21 U.S.C. § 801 et seq.)
Possession of Illicit Drug. Federal laws prohibit illegal possession of controlled substances.
Trafficking of Illicit Drugs
Under federal law, the manufacture, distribution, dispensation, or possession with intent to manufacture, distribute or dispense of all Schedule I and II illicit drugs (e.g., cocaine, ecgonine, methamphetamines, heroin, PCP, LSD, Fentanyl, and all mixtures containing such substances) is a felony.
♦ First offense: (dependent upon the amount and type of substance) prison sentence of
five years to 40 years (20 years to life, if death or serious bodily injury is involved)
and fines of up to $10,000,000 for offenses by individuals ($50,000,000 for other
than individuals)
Federal law also prohibits trafficking in marijuana, hashish and mixtures containing such substances.
♦ First offense: (dependent upon the amount and type of substance) prison sentence up
to five sentences up to five years and fines of up to $250,000 for offenses by
individuals ($1,000,000 for other than individuals).
♦ Second offense: prison sentence up to ten years and fines of up to $500,000 for
offenses by individuals ($2,000,000 for other than individuals).
The illegal trafficking of medically useful drugs (e.g., prescription and over-the counter drugs) is illegal.
♦ First offense: prison sentence up to five years and fines of up to $250,000 for offenses
by individuals ($1,000,000 for other than individuals).
♦ Second offense: prison sentence up to ten years and fines of up to $500,000 for
for offenses by individuals ($2,000,000 for other than individuals).
Commonwealth of Virginia Law
Alcohol
♦ It is a crime to sell, furnish, or give an alcoholic beverage to a person under age 21 or
to any apparently intoxicated person (Virginia Ann. Code Section 4.1-304).
♦ It is a crime for a person under the age of 21 to purchase, possess or consume, or to
attempt to purchase, possess or consume alcoholic beverages (Virginia Ann. Code
Section 4.1-305(A)&(B)).
♦ It is a crime to sell alcohol without a valid alcoholic beverage license or permit
(Virginia Ann. Code Section 4.1-302).
♦ It is a crime for any person to consume an alcoholic beverage while driving, to have an open container of alcohol in a moving vehicle or to drive under the influence of
alcohol (Virginia Ann. Code Section 18.2-266 & 18.2-323.1).
♦ It is a crime to be intoxicated in public. (Virginia Ann. Code Section 18.2-388).
♦ Intoxication is presumed at blood alcohol content (“BAC”) level of .08%, or Student
Community Conduct Code 43 above, if 21 years of age, or older. If under 21 years of
age intoxication is presumed at a BAC of .02% (Virginia Ann. Code Section 18.2-266).
Penalties for Drunk Driving Offenses
Penalties for a First Offense DUI in Virginia:
♦ A Class One misdemeanor. A jail sentence of up to 12 months, part of which may be
suspended by the court. If the offender’s BAC is greater than .15 but less than .20, the
the offender must serve a mandatory minimum sentence of five days. If the BAC is .20
or higher, the offender must serve a mandatory minimum 10-day jail sentence.
♦ The offender may also face the following penalties: A $2,500 fine or less, with a
mandatory minimum fine of $250, part of which may be suspended by the court. The
defendants must complete the Virginia Alcohol Safety Action Program (VASAP).
Suspension of the defendant’s driver’s license for 12 months. If a person has not been
convicted of “Refusal to take a Breath or Blood Alcohol Test”, the court has discretion
to issue a restricted driver’s license. If the BAC was .15 or more, installation of an
ignition interlock system is mandated for a minimum of six months on any vehicle
registered to or owned by the defendant.
Penalties for a Second Offense DUI in Virginia:
♦ If the second DUI offense comes within 5 years of the first offense: A Class One
misdemeanor. A mandatory minimum fine of $500. A jail sentence of one month to
one year, with a mandatory minimum jail sentence of 20 days. If the BAC is greater
than .15 but less than .20, an additional 10 days is added to the mandatory minimum
sentence; if the BAC is .20 or higher, the additional mandatory jail sentence is 20
days. Driver’s license suspended for three years, restricted license may be obtained
after 1 year. All restricted licenses require an ignition interlock system for a period of
time not to exceed the period of license suspension and restriction, but not less than 6
months.
♦ If the second DUI offense comes within 5 to 10 years of the first offense: A Class One
misdemeanor. A mandatory minimum fine of $500. A jail sentence of not less than
one month with a mandatory minimum jail sentence of 10 days. If the BAC is greater
than .15 but less than .20, an additional 10 days is added to the mandatory minimum
sentence and the total mandatory fine is $1000. If the BAC is .20 or higher, the
defendant must serve an additional mandatory jail sentence of 20 days and the total
the mandatory fine is $1000. Driver’s license suspended for three years, restricted
license may be obtained after four months. All restricted licenses require an ignition
interlock system period of time not to exceed the period of license suspension and
restriction, but not less than 6 months.
Penalties for a Third Virginia DUI Offense within 10 years:
♦ If the third DUI offense comes within 5 years of the other offenses: A Class Six felony. A fine of up to $2,500, with a mandatory minimum fine of $1,000. Jail sentence of up to 5 years, with a mandatory minimum sentence of 6 months. Indefinite license suspension.
♦ If the third DUI offense comes within 10 years of the other offenses: A Class Six
felony. A fine of up to $2,500, with a mandatory minimum fine of Student Community Conduct Code 44 $1,000. Jail sentence of up to 5 years, with a mandatory minimum sentence of 90 days. Indefinite license suspension.
Penalties for a Fourth or Subsequent DUI charge within 10 years:
♦ A Class Six felony. A mandatory $1,000 fine and discretionary fines of up to $2,500.
Jail sentence of up to 5 years, with a mandatory minimum sentence of 1 year.
Refusal to submit to a blood alcohol test:
♦ 1st Offense - 1 year license suspension
♦ 2nd Offense within 10 years - 3 year license suspension
♦ 3rd Offense within 10 years - 3 year license suspension
Illicit Drugs
Under Virginia law (Virginia Ann. Code § 18.2-248):
♦ Possession of marijuana, upon conviction, exposes the offender to a misdemeanor
conviction for which the punishment is a jail sentence of up to 30 days, a fine of up to
$500, or both. Upon a second conviction, punishment is a jail sentence for up to 1
year, a fine of up to $2,500, or both.
♦ Possession of a Schedule I or Schedule II controlled substance results in a Class 5
felony, with a jail sentence of 1 to 10 years or confinement in jail for up to 12 months, a
fine of up to $2,500, or both.
♦ Possession of a Schedule III controlled substance results in a Class 1 misdemeanor,
with a jail sentence of up to 12 months, a fine of up to $2,500, or both.
♦ Possession of Schedule IV controlled substance results in a Class 2 misdemeanor, with a jail sentence of up to six months, a fine of up to $1,000, or both.
♦ Possession of a Schedule V controlled Substance results in a Class 3 misdemeanor,
with a fine of up to $500.
♦ Possession of a Schedule VI controlled substance results in a Class 4 misdemeanor,
with a fine of up to $25. Penalties are more severe for offenses involving the
manufacture or distribution of illegal drugs by convicted felons or for distribution
within 1,000 feet any public or private elementary, secondary, or post-secondary
school, or any public or private two-year or four-year institution of higher education,
or any clearly marked licensed child daycare center.
♦ Virginia law provides that anyone dispensing or furnishing prescription drugs,
controlled substances and dangerous devices without a license shall be guilty of a
crime.
G. Available Treatment and Support Options
Marymount University is concerned about the health and welfare of its students. The University encourages any student who may have concerns about her or his alcohol or drug use to seek help and support. A list of local support resources are provided below. In addition to these resources, Marymount University Student Counseling Services maintains a list of private practice counselors specializing in substance abuse treatment. Students may contact Student Counseling Services at 703-526-6861 or by speaking with the receptionist in Berg Hall, Suite 1014.
Substance Abuse Treatment Centers and Resources:
♦ Aquila Recovery Northern Virginia
706 S. King Street, Suite 8 | Leesburg, VA
Phone: 703-215-1808
Website: https://www.aquilarecoveryva.com/
NOTE: The Recovery Center of Northern Virginia (RCNV) is a licensed outpatient facility designed for adults and adolescents who are in need of a comprehensive, structured, and affordable alcohol or drug treatment program but may not require or desire residential or inpatient treatment.
♦ Alcoholics Anonymous of Virginia
Website: http://www.aavirginia.org/
Alcoholics Anonymous provides a community of support for those with the desire to stop drinking. There are no dues or fees for AA membership; we are self-supporting through our own contributions. AA is not allied with any sect, denomination, politics, organization or institution; does not wish to engage in any controversy, neither endorses nor opposes any causes. The primary purpose is to stay sober and help other alcoholics to achieve sobriety. AA Virginia’s website provides an updated list of meetings. As of the publication of this document, multiple meetings take place within walking distance of Marymount University.
♦ Arlington Behavioral Healthcare Division
2120 Washington Blvd. | Arlington, VA
Phone: 703-228-4900
Emergency Phone: 703-228-5160
Website: https://health.arlingtonva.us/behavioral-healthcare/
Outpatient services include: substance abuse treatment, detoxification and halfway
house.
Fee: Self payment, sliding fee scale based on income and other factors
Special Language Services: Spanish
♦ Fairfax County Mental Health Services
8221 Willow Oaks Corporate Drive | Fairfax VA
Phone: 703-383-8500
Emergency Phone: 703-573-5679
Website: https://www.fairfaxcounty.gov/community-services-board/mental-health
Provides assessment and referral, community prevention, volunteer/intern program, adult outpatient services, family services, recovery women’s center, adult detention center services, community correction services, Fairfax detoxification program and a homeless shelter program.
♦ Narcotics Anonymous
Website: http://www.na.org/
Narcotics Anonymous is a community organization with the goal of helping individuals to pursue and maintain a drug-free lifestyle. The name, Narcotics Anonymous, is not meant to imply a focus on any particular drug; NA’s approach makes no distinction between drugs including alcohol.
Membership is free, and they have no affiliation with any organizations outside of NA including governments, religions, law enforcement groups, or medical and psychiatric associations. Narcotics Anonymous’ website provides an updated list of meetings. As of the publication of this document, multiple meetings take place within a short distance of Marymount University.
♦ New River Valley Community Services
700 University City Boulevard | Blacksburg, VA
Phone: 540-961-8300
Emergency Phone: 540-961-8400
Website: http://www.nrvcs.org/
Serves: The Counties of Floyd, Giles, Montgomery and Pulaski, and the City of Radford. Provides mental health and substance abuse and prevention services to children, adults and families.
♦ Recovery Women’s Center
10388 Democracy Lane | Fairfax, VA
Phone: 703-352-0166
Hours: 8-4:30 M-F
Requirements: only Fairfax County residents
Fee: sliding fee based on income.
Website: http://www.substancerehabcenter.com/
DRUG AND ALCOHOL FREE WORKPLACE POLICY
In addition, all University employees are governed by the Drug-Free Workplace policy. The following is Marymount University’s Drug and Alcohol Free Workplace Policy. A copy of the Policy is also available at: https://marymount.edu/faculty-and-staff/human-resource-services/human-resources-policies/drug-and-alcohol-free-workplace-policy/.
This policy applies to all employees (defined below) of the University including employed persons working on federal contracts and/or grants, and those who perform work at Marymount University for its benefit (e.g., independent contractors, temporary personnel provided by agencies, visitors, and volunteers).
Maintain the health and safety of University faculty and staff and abide by local, state, and federal laws pertaining to alcohol and drugs.
Marymount University (“University”) is committed to maintaining a safe and healthy environment for members of the University community. All members of the University community have a personal responsibility to adhere to all applicable laws, policies, and regulations concerning the use of Alcohol or other Drugs and for the outcome of their decisions regarding Alcohol and other Drugs. Policy violations may result in disciplinary action
A substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812), as further defined by regulations at 21 CFR 1300.11 through 1300.15.
A legal instrument reflecting a relationship between the federal government and a recipient whenever the principal purpose of the instrument is the acquisition of property or services for the direct benefit or use of the federal government; or whenever the federal government determines in a specific instance that the use of a type of procurement agreement is appropriate.
A finding of guilt (including a plea of nolo contendere or Alford pleas) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal, state, or local laws, for violating any Drug Law or where the use of Drugs and/or Alcohol was found to be a contributing factor of the law violation.
A criminal statute or regulation involving the manufacture, sale, distribution, dispensation, use or possession of any Controlled Substance.
Any faculty, staff, or student receiving a salary, wages, other compensation from the university.
Any United States executive department, military department, government corporation, government-controlled corporation, or any other establishment in the executive branch (including the Executive Office of the President), or any independent regulatory agency.
An award of financial assistance, including a cooperative agreement, in the form of money or property in lieu of money, by a Federal Agency directly to a grantee. The term Grant includes block grant and entitlement grant programs, whether or not exempted from coverage under the grants management government wide regulation (“Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments”). The term does not include technical assistance which provides services instead of money, or other assistance in the form of loans, loan guarantees, interest subsidies, insurance, or direct appropriations; or any veterans’ benefits to individuals, i.e., any benefit to veterans, their families, or survivors by virtue of the service of a veteran in the United States Armed Forces.
Employees’ representation within the course and scope of their employment authorized by Marymount University.
The physical boundaries of the University and all University-owned/controlled property; to include all Marymount premises where the activities of the University are conducted, as well as locations where Employees are representing the University in an Official Capacity.
The University prohibits the following:
2.2.1 All Employees
Employees who receive a charge or Conviction related to Alcohol, Controlled Substances, or Other Drugs must notify Human Resources within five (5) business days of the charge or Conviction. This is dictated by University Policy Background Screening. An Employee’s appeal or intent to appeal a charge or a Conviction does not affect the Employee’s obligation to report the charge or Conviction.
2.2.2 Employees Working on Grants
Human Resources and any Supervisor who is notified of a Conviction of any Employee engaged in performance of work under a Grant or Contract for violation of a Drug Law at the Workplace, must immediately report the Conviction to the Office of the Vice President of Research and Economic Development (VPRED). The Office of the VPRED must notify the appropriate Federal Agency within ten (10) working days of notification to the University of such a Conviction.
Outcomes for violations of this policy may be corrective or disciplinary in nature, depending on the severity of the violation. Employees should also be aware that they may be subject to criminal prosecution under federal, state, and local laws that specify fines or imprisonment for Conviction of violating any Drug Law or where the use of Drugs and/or Alcohol was found to be a contributing factor of a law violation. Legal sanctions are in addition to disciplinary actions by the University.
2.4.1 Who is Involved
Human Resources will coordinate as needed with the Employee’s supervisor; the appropriate Vice President; Associate Vice President of Campus Safety; and/or General Counsel (or delegated representatives of any of the above) to determine whether an Employee may continue to perform his/her job responsibilities or if the Employee should be placed on administrative leave to allow the University the opportunity to determine appropriate employment action. Human Resources will take appropriate measures to ensure the confidentiality of the process, and the privacy of the employee throughout the process.
2.4.2 Corrective or Disciplinary Action
Violations of this policy or related University policies will be dealt with on a case-by-case basis following the policies and procedures applicable to faculty, staff or students. In determining the appropriate corrective or disciplinary action, the University may consider an Employee’s work record, the seriousness of the violation, the safety-sensitivity of the Employee’s position, whether the Employee’s behavior violated the University Policy Workplace Violence, and any other relevant factors. Disciplinary action may include but is not limited to: suspension without pay, involuntary demotion or transfer, and termination.
2.4.3 Employee Treatment Programs
Marymount University is firmly committed to promoting high standards of health, safety and efficient service. Employees with Abuse problems are encouraged to participate in a counseling or rehabilitation program prior to finding themselves in a disciplinary situation. Provisions under the Family and Medical Leave Act (FMLA) and/or the Americans with Disabilities Act (ADA) may provide support in this effort.
2.4.4 Voluntary Assistance
The University recognizes that Employees may have difficulties with Drug and/or Alcohol Abuse which are not immediately obvious in their job performance, but for which they wish to seek help. A confidential counseling and referral service for University Employees is provided by the Employee Assistance Program (EAP).
A safe and productive drug-free workplace is achieved through cooperation and shared responsibility. Both Employees and the University have important roles to play. All Employees are required to not report to work or be subject to duty while their ability to perform job duties is impaired due to on-or off-duty use of Alcohol, Controlled Substances, or Other Drugs.
All disciplinary procedures and appeals currently applicable to all categories of Employees will continue to be available for violations of this policy.
Generally, alcohol may not be served or consumed by university faculty or staff during primary working hours or while teaching or supervising students. Alcohol may be served or consumed at an officially sanctioned university event by a vendor who is licensed to serve alcohol. Small, informal gatherings that are not official university events and are limited to university employees where alcohol will be served require the approval of the Division VP or the Academic Dean.
When alcohol is to be served during primary working hours of faculty and/or staff involved in the event, employees shall consume alcohol responsibly at any such event and consumption of alcohol must not interfere with the performance of duties and responsibilities related to Employment.
Marymount expects all members of its community to abide by applicable state, federal, and local laws regarding alcohol use. This includes not serving or providing alcohol to individuals who are not of legal drinking age. Use and abuse of alcohol may subject an employee to disciplinary action.
Employees who have reason to believe that another employee is under the influence of alcohol during working hours in violation of this policy should report the concern to the appropriate manager. If a manager receives such a report or otherwise becomes aware that an employee appears to be under the influence of alcohol in violation of this policy, the manager must take appropriate action and must contact HRS. Employees are encouraged to contact the university’s Employee Assistance Program for information, counseling and possible referral for alcohol-related concerns.
When an employee confides in Human Resources or their manager that they have an alcohol substance abuse problem, the primary concern of the university is to assist the employee to obtain help to overcome the problem. When an employee is unwilling to accept assistance or acts in ways that affect the welfare of others adversely, the university has no choice but to take severe disciplinary action, such as suspension or dismissal.
Preventing and Responding to Sex Offenses Including Domestic Violence, Dating Violence, Sexual Assault, and Stalking
Educational Programs
The University is committed to the prevention of sex offenses including domestic violence, dating violence, sexual assault and stalking through education and awareness programs. The University is also committed to the protection of minors and the prevention of child abuse. Throughout the year the University offers educational programs to promote awareness. Programs are held throughout the year, as announced. Prevention programs include an overview of the University’s policies and procedures, relevant definitions, including prohibited conduct, discussion of the impact of alcohol and illegal drug use, effective consent, safe and positive options for bystander intervention, education on healthy relationships and information about risk reduction. Incoming first year students and new employees will receive primary prevention and awareness programming as part of their orientation. The University’s Title IX Coordinator oversees the education and prevention calendar and tailors programming to campus needs and climate. All educational programs include a review of resources and reporting options available for students, faculty and staff.
The following are a description of some of the educational programs offered.
Online Faculty/Staff Education
Mosaic: Prevent Sexual Violence Together: Mandatory Online-Training that all employees are required to take covering sexual violence, intimate partner violence, and stalking disrupt and diminish on campus community. The course examines concrete, common-sense ways to fight back, including recognizing, reporting, and preventing these offenses
Trust Betrayed: Safeguarding Your Students From Sexual Predators: Mandatory Online-Training that all employees are required to take covering the reasons serial sexual abuse can remain unexposed, how to recognize the warning signs of sexual abuse, and concrete steps for reporting incidents or suspicions.
Students receive mandatory alcohol awareness training and sexual violence prevention training on Canvas. Students also have the option to attend educational sessions on risk reduction and sexual violence awareness held by the Office of Health and Wellness.
Witnesses and bystanders, (including guests), may use the LiveSafe app to discreetly contact Campus Safety if they feel that it is not safe for them to overtly intervene.
Sexual Assault, Dating Violence, Domestic Violence, and Stalking Laws in Virginia
Virginia crime definitions related to sexual assault:
§ 18.2-61. Rape
A. If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness's will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness's mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape.
§ 18.2-67.1. Forcible sodomy
A. An accused shall be guilty of forcible sodomy if he or she engages in cunnilingus, fellatio, anilingus, or anal intercourse with a complaining witness whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person, and
1. The complaining witness is less than 13 years of age; or
2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness.
§ 18.2-67.2. Object sexual penetration
A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and
1. The complaining witness is less than 13 years of age; or
2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness.
§ 18.2-67.3. Aggravated sexual battery
A. An accused is guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and
1. The complaining witness is less than 13 years of age; or
2. The act is accomplished through the use of the complaining witness's mental incapacity or physical helplessness; or
3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age; or
4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, and
a. The complaining witness is at least 13 but less than 15 years of age; or
b. The accused causes serious bodily or mental injury to the complaining witness; or
c. The accused uses or threatens to use a dangerous weapon; or
5. The offense is not a recognized form of treatment in the profession, and is committed, without the express consent of the patient, by (i) a massage therapist, or a person purporting to be a massage therapist, during an actual or purported practice of massage therapy, as those terms are defined in § 54.1-3000; (ii) a person practicing or purporting to practice the healing arts, during an actual or purported practice of the healing arts, as those terms are defined in §§ 54.1-2900 and 54.1-2903; or (iii) a physical therapist, or a person purporting to be a physical therapist, during an actual or purported practice of physical therapy, as those terms are defined in § 54.1-3473.
§ 18.2-67.4. Sexual battery
A. An accused is guilty of sexual battery if he sexually abuses, as defined in § 18.2-67.10, (i) the complaining witness against the will of the complaining witness, by force, threat, intimidation, or ruse, (ii) within a two-year period, more than one complaining witness or one complaining witness on more than one occasion intentionally and without the consent of the complaining witness.
§ 18.2-67.5. Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery
A. An attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration shall be punishable as a Class 4 felony.
B. An attempt to commit aggravated sexual battery shall be a felony punishable as a Class 6 felony.
C. An attempt to commit sexual battery is a Class 1 misdemeanor.
Virginia does not have any crime definitions related to dating violence.
Virginia crime definitions related to domestic violence include:
§ 18.2-57.2. Assault and battery against a family or household member
A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor. “Family or household member” means (i) the person’s spouse, whether or not he or she resides in the same home with the person, (ii) the person’s former spouse, whether or not he or she resides in the same home with the person, (iii) the person’s
parents, step-parents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents, and grandchildren, regardless of whether such persons reside in the same home with the person, (iv) the person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law who reside in the same home with the person, (v) any
individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person.
§ 18.2-60. Threats of death or bodily injury to a person or member of his family; threats of death or bodily injury to persons on school property; threats of death or bodily injury to health care providers
A. 1. Any person who knowingly communicates, in a writing, including an electronically transmitted communication producing a visual or electronic message, a threat to kill or do bodily injury to a person, regarding that person or any member of his family, and the threat places such person in reasonable apprehension of death or bodily injury to himself or his family member, is guilty of a Class 6 felony. However, any person who violates this subsection with the intent to commit an act of terrorism as defined in § 18.2-46.4 is guilty of a Class 5 felony.
Virginia crime definitions related to stalking include:
§ 18.2-60.3. Stalking
A. Any person, except a law-enforcement officer, as defined in § 9.1-101, and acting in the performance of his official duties, and a registered private investigator, as defined in § 9.1-138, who is regulated in accordance with § 9.1-139 and acting in the course of his legitimate business, who on more than one occasion engages in conduct, either in person or through any other means, including by mail, telephone, or an electronically transmitted communication, directed at another person with the intent to place, or when he knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person's family or household member is guilty of a Class 1 misdemeanor. If the person contacts or follows or attempts to contact or follow the person at whom the conduct is directed after being given actual notice that the person does not want to be contacted or followed, such actions shall be prima facie evidence that the person intended to place that other person, or reasonably should have known that the other person was placed, in reasonable fear of death, criminal sexual assault, or bodily injury to himself or a family or household member.
B. Any person who is convicted of a second offense of subsection A occurring within five years of a prior conviction of such an offense under this section or for a substantially similar offense under the law of any other jurisdiction is guilty of a Class 6 felony.
C. A person may be convicted under this section in any jurisdiction within the Commonwealth wherein the conduct described in subsection A occurred, if the person engaged in that conduct on at least one occasion in the jurisdiction where the person is tried or in the jurisdiction where the person at whom the conduct is directed resided at the time of such conduct. Evidence of any such conduct that occurred outside the Commonwealth may be admissible, if relevant, in any prosecution under this section.
D. Upon finding a person guilty under this section, the court shall, in addition to the sentence imposed, issue an order prohibiting contact between the defendant and the victim or the victim's family or household member.
E. The Department of Corrections, sheriff or regional jail director shall give notice prior to the release from a state correctional facility or a local or regional jail of any person incarcerated upon conviction of a violation of this section, to any victim of the offense who, in writing, requests notice, or to any person designated in writing by the victim. The notice shall be given at least 15 days prior to release of a person sentenced to a term of incarceration of more than 30 days or, if the person was sentenced to a term of incarceration of at least 48 hours but no more than 30 days, 24 hours prior to release. If the person escapes, notice shall be given as soon as practicable following the escape. The victim shall keep the Department of Corrections, sheriff or regional jail director informed of the current mailing address and telephone number of the person named in the writing submitted to receive notice.
All information relating to any person who receives or may receive notice under this subsection shall remain confidential and shall not be made available to the person convicted of violating this section.
For purposes of this subsection, “release” includes a release of the offender from a state correctional facility or a local or regional jail (i) upon completion of his term of incarceration or (ii) on probation or parole.
No civil liability shall attach to the Department of Corrections nor to any sheriff or regional jail director or their deputies or employees for a failure to comply with the requirements of this subsection.
F. For purposes of this section:
“Family or household member” has the same meaning as provided in § 16.1-228.
Consent Defined Under Laws in Virginia
Virginia does not provide a per se definition for consent, but defines rape as sexual intercourse (i) against the complaining witness’s will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness’s mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim, and sexual battery as sexual abuse against the will of the complaining witness, by force, threat, intimidation or ruse. VA Code Ann. §§18.2-61; 18.2-67.4.
Procedures to Follow if a Crime of Dating Violence, Domestic Violence, Sexual Assault or Stalking Has Occurred
The University prohibits dating violence, domestic violence, sexual assault, and stalking.
Students and employees are provided written notification about their rights and options, including services and protective measures available to victims of domestic violence, dating violence, sexual assault and stalking. These services include any existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available on and off campus. These written notifications will also include how to request changes to academic, living, working situations, and other protective measures. This written information is provided when a report is filed.
Any member of the University community who has experienced such conduct is urged to seek immediate medical assistance and/or contact law enforcement. If an incident of sexual assault, domestic violence, dating violence, or stalking occurs, it is important to preserve evidence to aid in the possibility of a successful criminal prosecution.
Below is a listing of available emergency response, medical treatment and confidential counseling options.
EMERGENCY RESPONSE
Emergency Law Enforcement Response | 911 (from anywhere) |
Marymount University Office of Campus Safety Main Guardhouse - Glebe Road Entrance | 703-284-1600 Hours: 24/7 |
Marymount University Ballston Center & 4040 Center Campus Safety | 703-284-5900 Hours: M - F 7:00 am - 11:00 pm Saturday: 8:00 am - 6:00 pm |
Inova Fairfax Hospital 3300 Gallows Road Falls Church, VA 22042 | 703-698-1110 Provides medical treatment and Sexual Assault Nurse Examiner (closest SANE); Forensic evidence collection available |
Marymount University Student Health Services Berg Hall, BERG 1014 | 703-284-1610 Hours: M - F 9:00 am - 5:00 pm |
Marymount University Student Counseling Services Berg Hall, 1st Floor On Call Counselor: dial Campus Safety to get connected | 703-526-6861 Hours: M - F 9:00 am - 5:00 pm 703-284-1600 |
How and to Whom Should Sexual Offenses Including Dating Violence, Domestic Violence, Sexual Assault or Stalking Be Reported
Reports may be made using any of the following options:
a. File a complaint with, or give verbal notice to, the Title IX Coordinator or a Deputy Title IX Coordinator. Such a report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator or Deputy Title IX Coordinators.
Reporting Options | |
Title IX Office | Kaylee Chappell, Title IX Coordinator Berg Hall 1001 703-526-6940 |
Marymount University Office of Campus Safety (24/7) | 703-284-1600 Main Guardhouse - North Glebe Road Entrance |
Deputy Title IX Coordinator | Ellen O’Brien, Athletics Lee Center 2001A 703-284-3334 |
b. Report online, using the reporting form posted at www.marymount.edu/TitleIX. Anonymous reports are accepted but can give rise to a need to investigate. The University offers and tries to provide supportive measures to all Complainants, which may be impossible with an anonymous report.
In addition, an individual has the option of simultaneously notifying and filing a criminal report with Arlington County Police Depart or the appropriate law enforcement agency. It should be noted that not all individuals want to report crimes to a law enforcement agency. This is an
individual decision and an individual always has the option to decline notifying a law enforcement agency. Without an official report, however, the law enforcement agency will not know that a sexual assault has occurred. Law enforcement agencies can only help the community when they are aware of crimes being committed. If the assailant was a stranger, the prospect of identifying the suspect greatly decreases over time, and crucial physical evidence will be lost as well.
Where a sexual assault is reported to law enforcement, it may be possible to obtain a court-ordered
Emergency or Preliminary Protective Order. These Protective Orders may be issued if a magistrate or judge believes that there is an immediate threat to health or safety. The court may agree to issue a “Permanent” Protective Order, if appropriate, which may remain in place for up to two years under Virginia law and, in some cases, may be extended for a longer period of time. “Protective Orders” are not the same as a No Contact Order that is issued as a supportive measure by the Title IX Coordinator. Protective Orders may be issued by a court of law; their violation may result in criminal charges. Assistance is available from the University Department of Campus Safety and local law enforcement 24 hours a day, year round, by calling the Department of Campus Safety and/or the Arlington County Police Department. Any individual can request that a member of the Department of Campus Safety and/or Arlington Police Department respond and take a report.
Understanding the Choice between a Confidential Resource and Making a Report of Prohibited Conduct to the
University
There is a distinction between reporting to a confidential resource and making a report of Prohibited Conduct to the University. Any individual may choose to seek support from professionals on campus or in the community who hold a legally-recognized privilege of confidentiality, such as counselors, medical health providers, clergy and rape crisis counselors. Speaking with a confidential resource does not constitute a report to the University of Prohibited Conduct.
Employees of Marymount University (including certain student employees), with the exception of those who are designated as Confidential Resources (outlined above), have a duty to promptly share with the Title IX Coordinator all known details of a report made to them in the course of their employment.
Confidential Resources
University Community members are encouraged to utilize the following resources for confidential
discussion and support related to violations under the University’s Sexual and Interpersonal Misconduct Policy and its effects. Because of the confidentiality afforded to these relationships, however, community members should know that these confidential resource persons are not in a position to report violations under this Policy to the Title IX Coordinator or to intervene to end its effects. To ensure University involvement, community members must report violations under this Policy to the Title IX Coordinator, as detailed in the Policy. Confidential
Resources include:
On-Campus Confidential Resources
Student Counseling Services | Student Health Health Services | Campus Ministry |
♦ Berg Hall, BERG 1014 ♦ 703-526-6861 ♦ Provides 24/7 confidential psychological counseling, group counseling, outreach activities, crisis intervention and consultation ♦ Office Hours: 9:00 am - 5:00 pm | ♦ Berg Hall, BERG 1014 ♦ 703-284-1610 ♦ Provides medical treatment ♦ Office Hours: 9:00 am - 5:00 pm, M - F | ♦ Rev. Gabriel Muteru University Chaplain ♦ Gerard Hall Room 1005 ♦ Direct: 703-284-1607 ♦ Office Hours: 9:00 am - 5:00 pm, M - F
|
Off-Campus Confidential Resources
Doorways for Women and Families 24-Hour Sexual Violence Hotline | Fairfax County Domestic and Sexual Violence Hotline | Virginia State Domestic and Sexual Violence Hotline | National Domestic Violence Hotline (NDV) | Marymount University Employee Assistance Program for Faculty and Staff |
♦ 703-237-0881 ♦ Hours: 24/7 ♦ https://www.doorwaysva.org/about-us/ ♦ Provides advocacy, counseling, shelter and accompaniment to hospitals for forensic exams | ♦ 703-360-7273 ♦ Hours: 24/7 ♦ Provides telephone counseling information on domestic and sexual violence issues | ♦ 800-838-8238 ♦ Hours: 24/7 ♦ Provides telephone counseling information on domestic and sexual violence issues | ♦ 800-799-7233 ♦ Provides telephone counseling information on domestic and sexual violence issues | ♦ 800-267-8126 ♦ Hours: 24/7 ♦ Provides connection to a professional counselor or lifeworks online Assistance: www |
Resolution of a Report of Prohibited Conduct
The University’s Sexual and Interpersonal Misconduct Policy (“Policy”) is the procedures that the University will follow to address reports of sex offenses including dating violence, domestic violence, sexual assault, and stalking. Generally, the University’s Policy accomplishes the following:
Clery Reporting and Publicly Available Recordkeeping
The University complies with applicable publicly available recordkeeping requirements, including Clery Act reporting and disclosures, without the inclusion of personally identifying
information about the victim(s). Pursuant to the Clery Act, anonymous statistical information must be shared with the University’s Campus Safety Office, where required by the Clery Act. Annual Clery reporting to the U.S. Department of Education is required by educational institutions for certain offenses that have been reported at campus locations. The information contained in the University’s Clery report tracks the number of Clery reportable offenses occurring at campus locations and does not include the names or any other identifying information about the persons involved in the incident.
Disclosure to
Alleged Victim of a Crime of Violence
The University will, upon written request, disclose to the alleged victim of a crime of violence (defined in Section 16, Title 18, U.S. Code) or a non-forcible sex offense the results of any disciplinary hearing conducted against the 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 university will provide the results of the disciplinary hearing to the victim’s next of kin, if so requested.
Annual Fire Safety Report
Fire Policies, Evacuation Procedures, Training
The Higher Education Opportunity Act of 2008 (HEOA) requires that institutions of higher education report policies, procedures, and statistics related to residence hall fire safety. In accordance with the HEOA fire safety provisions, this report provides the fire safety provisions and
fire statistics for the calendar years 2021-2023.
HEOA has three fire safety policy and fire statistics requirements, which mandate the following for Title IV institutions:
All three provisions pertain only to fire statistics, record keeping, and fire safety procedures for on-campus student housing facilities. For purposes of HEOA fire safety provisions, an on-campus student housing facility is defined as “any student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonably contiguous geographic area that makes up the campus.” The fire log must include the date the fire was reported and the date, time, general location, and nature of all fires in on-campus student housing facilities. All fire data must be recorded in the log within two business days of the fire’s occurrence. The University’s HEOA-compliant fire log is maintained by the Office of Campus Safety.
Fire Policies
All fires, regardless of severity, must be reported to the Office of Campus Safety immediately.
Marymount University considers fire safety extremely important. Students and employees have an obligation to adhere to the University’s safety regulations, as well as city and state statutes. Fire and evacuation information is posted in each residence hall room, classroom, and office area on campus. Occupants should be familiar with this information.
Student Living conducts fire drills once each semester for all residence halls, in coordination with the Office of Campus Safety and Emergency Management and the Office of Physical Plant. All residents participate in fire drills; failure to respond appropriately to fire alarms will result in judicial action for those involved and necessitate additional drills for all residents.
Student responsibilities and prohibitions related to fire safety and prevention are detailed in Marymount University Community Standards, published annually by the Office of Student Conduct and Conflict Resolution. To obtain a copy of the code, please visit: https://marymount.edu/student-life/health-wellness/student-conduct/student-conduct-2/. The following are violations of fire policies at Marymount University, as described in the Community Standards:
♦ 5.b.11. Use of alarmed doors for entry into or exit from a Marymount University
building.
♦ 5.b.13. Violation of federal, state, local, or campus fire policies including, but not limited to:
● Failure to evacuate a University-controlled building during a fire alarm;
● Improper use of University fire safety equipment;
● Creating or possessing a fire hazard on-campus;
● Tampering with or improperly engaging a fire alarm or fire detection/control
equipment while on University property. Such action may result in a $1,200 fine
in addition to University sanctions; or
● Violations of the University Housing License Agreement and/or University
Housing Policies.
♦ 5.e.8. Intentionally or recklessly causing a fire, regardless of whether it damages University or personal property or causes injury to another person
Pursuant to the University’s Residence Hall Behavior Standards, the following actions and behaviors are specifically prohibited in the residences halls: students are prohibited from
Pursuant to the University’s Smoke and Tobacco Free Campus Policy, Marymount University is a Tobacco-Free Campus and therefore prohibits smoking and the use of smokeless tobacco products and electronic cigarettes on all Marymount University property, and other properties owned or leased by Marymount, including University Vehicles.
Fire Evacuation Procedures
Detailed information is posted on each floor in the residence halls. When the alarm sounds, residents are required to follow the established procedures:
♦ Residents should begin an immediate and orderly evacuation along the designated
evacuation route established for the area
♦ Residents should not run. They should move quickly to the nearest designated
stairwell and exit.
♦ Once they have exited the building, they should move a distance of at least 100 feet
from the building and wait for instructions or permission to re-enter the building.
♦ Residence hall staff will signal when the building is safe and ready for re-entry. No one
is allowed to re-enter until this signal is given. Personnel authorized to give re-entry
instructions include the Student Living Primary on Call.
♦ Please note that firefighters may indicate that a building is safe, but they cannot give
permission to re-enter the building.
♦ Firefighters should be treated with respect at all times. Anyone who does not evacuate
or who does not comply quickly and properly with the instructions of a staff member
will be referred to the Student Conduct Office.
Fire Safety Education
Fire safety information is provided to all students in Marymount University’s 2024-2025 Housing Policy Handbook. A copy of this handbook can be found here: https://marymount.edu/student-life/housing/current-students/policy/2022-2023-housing-policy-handbook/
Fire Statistics 2020
Residence Halls | Total Number of Fires | Fire Related Deaths | Fire Related Injuries | Amount of Damage to Property | Cause |
Berg Hall | 0 | n/a | n/a | n/a | n/a |
Butler Hall | 0 | n/a | n/a | n/a | n/a |
Gerard Hall | 0 | n/a | n/a | n/a | n/a |
Lee Ostapenko Hall | 0 | n/a | n/a | n/a | n/a |
Rowley Hall | 0 | n/a | n/a | n/a | n/a |
St. Joseph Hall | 0 | n/a | n/a | n/a | n/a |
Fire Statistics 2021
Residence Halls | Total Number of Fires | Fire Related Deaths | Fire Related Injuries | Amount of Damage to Property | Cause |
Berg Hall | 0 | n/a | n/a | n/a | n/a |
Butler Hall | 0 | n/a | n/a | n/a | n/a |
Gerard Hall | 0 | n/a | n/a | n/a | n/a |
Lee Ostapenko Hall | 0 | n/a | n/a | n/a | n/a |
Rowley Hall | 0 | n/a | n/a | n/a | n/a |
St. Joseph Hall | 0 | n/a | n/a | n/a | n/a |
Ballston Campus Apartments | 0 | na | n/a | n/a | n/a |
Fire Statistics 2022
Residence Halls | Total Number of Fires | Fire Related Deaths | Fire Related Injuries | Amount of Damage to Property | Cause |
Berg Hall | 0 | n/a | n/a | n/a | n/a |
Butler Hall | 0 | n/a | n/a | n/a | n/a |
Gerard Hall | 0 | n/a | n/a | n/a | n/a |
Lee Ostapenko Hall | 0 | n/a | n/a | n/a | n/a |
Rowley Hall | 0 | n/a | n/a | n/a | n/a |
St. Joseph Hall | 0 | n/a | n/a | n/a | n/a |
Fire Safety System
Facility | Fire Alarm Monitoring Done On-Site | Smoke Detection | Evacuation Plans & Placards | Number of Evacuation (Fire) Drills Each Calendar Year | Full | Partial | Fire Extinguisher Devices |
Berg Hall | Y | Y | Y | 1 | Y | N | Y |
Butler Hall | Y | Y | Y | 1 | Y | N | Y |
Gerard Hall | Y | Y | Y | 1 | Y | N | Y |
Lee Ostapenko Hall | Y | Y | Y | 1 | Y | N | Y |
Rowley Hall | Y | Y | Y | 1 | Y | N | Y |
St. Joseph Hall | Y | Y | Y | 1 | Y | N | Y |
Ballston Campus Apartments | Y | Y | Y | 1 | Y | N | Y |
Candles, Incense, and Smoking
The Office of Student Living is committed to providing students the latitude to define their personal living environment; however, Student Living is also concerned about potential fire safety hazards. One of the most common causes of fire in residence halls is from the use of candles and incense. Because of the threat this poses to persons and property, Student Living does not allow any possession of any fire or incendiary materials in the residence halls except for smoking materials. No tobacco products may be used on campus. Additionally, e-cigarettes and e-hookahs are also prohibited. Please see the University’s tobacco policy for more details.
Cooking in Rooms
Microwave ovens are only permitted as part of a micro fridge rented through the university partnership or as provided in Ostapenko residence hall rooms. Residents may operate hot pots, popcorn poppers, and coffee pots in their rooms provided that they operate with an enclosed element. Student rooms are not equipped to accommodate the electrical and sanitary demands of other forms of cooking, such as George Foreman grills, toasters, or toaster ovens. Thus they are prohibited.
Lamps
Halogen lamps pose a threat to the safety of the residence halls when cloth, paper, or other flammable items are placed in contact with the halogen bulb. It has been shown that such contact can result in rapid ignition and combustion. Halogen lamps are prohibited in residential areas.
Procedures for Student Housing Evacuation in the
Case of a Fire
Fire Alarm Procedures
Any time a fire alarm is activated, all residents are expected to immediately leave the building.
The following are some procedures to follow during fire alarms:
Once you are outdoors, if you know the specific location or cause of the fire, or are aware of someone still inside the building, provide that information to Campus Safety at (703) 284-1600 (ext. 1600 on campus) or emergency-response personnel.
Reporting Fires
When a resident becomes aware of a fire in the residence halls, he/she should immediately activate a fire alarm pull station; then, if possible, inform the complex front desk of the exact location and nature of the fire.
Fire Safety Equipment
In most cases, residents should not attempt to use the fire safety equipment to extinguish fires. The hoses and extinguishers are designed to be used to either put out very small fires or to clear an exit through a fire. Any person who is found to be tampering with any residence hall fire safety equipment will be considered to be in violation of the Community Standards Blue Book misconduct policy. These incidents will be resolved by using the procedures defined in the Community Standards Blue Book.
Example of tampering with fire safety equipment would include but not be limited to the following:
♦ Activating a fire alarm when no fire emergency actually exists.
♦ Using fire hoses or extinguishers at any time other than during a fire emergency.
♦ Opening a fire extinguisher cabinet at any time other than during a fire Emergency.
♦ Vandalizing any fire safety related equipment.
♦ Tampering or rendering ineffective any smoke detector or fire alarm equipment.
♦ Knowingly acting as an accomplice with any person involved in the above mentioned
activities.
Fire Safety Education and Training Programs for Students, Faculty and Staff
The Office of Campus Safety provides fire safety education and training to students at new student orientation, transfer student orientation, and through our mandatory Discover classes each year. Fire safety education and training are given to staff and faculty through new staff and employee orientation. The training includes information on fire protection features of facilities, fire prevention, emergency procedures, and conducting fire safety education sessions for residents.
Plan for Future Improvements in Fire Safety
The University has no future improvements in fire safety at this time. The University Student Living Housing Policy Guide can be found at marymount.edu/residencehallspolicyguide.
Contact Number For Reporting Fires
Marymount University faculty, staff, and students are instructed to notify Campus Safety at (703) 284-1600 (ext. 1600 on campus) regarding all emergency situations including fires. If anyone finds evidence that a fire may have occurred, and the person is not sure whether Campus Safety has already responded, the person should immediately notify Campus Safety to investigate and document the incident.
In federal law, the University is required to annually disclose statistical data on all fires that occur in on-campus student housing facilities. To report fires in on-campus housing that have already been extinguished, or if you are unsure if Campus Safety has been notified please call at (703) 284-1600 (ext. 1600 on campus)
The following is a copy of the Policy. A copy of the Policy is also available at: https://marymount.edu/student-life/health-wellness/title-ix-2/sexual-harassment-and-misconduct-policy/ ).
Marymount University is a Catholic institution of higher education, founded by the Religious of the Sacred Heart of Mary (RSHM), and committed to excellence in teaching, learning, scholarship and service. As such, the University acknowledges specific core values that guide and govern the actions of its community. The University encourages all members of our community to participate in the process of creating a safe, welcoming, and respectful campus environment.
This Policy prohibits a broad continuum of behaviors, all of which constitute a form of sexual or gender-based harassment. Sometimes, discrimination involves exclusion from activities or employment. Other times, discrimination takes the form of harassment or, in the case of sex-based discrimination, can encompass sexual harassment, sexual assault, stalking, sexual exploitation, dating violence or domestic violence.
The University community has a responsibility to maintain an environment free from Prohibited Conduct. The University is committed to taking all appropriate steps to eliminate Prohibited Conduct, prevent its recurrence, and address its effects. The University is committed to fostering a climate free from sex and gender-based harassment, sexual assault, stalking, intimate partner violence, and/or retaliation through clear and effective policies, coordinated education and prevention programs, and prompt and equitable procedures for resolution that are accessible to all.
The University will not tolerate retaliation or attempts of retaliation against an individual who makes a report of Prohibited Conduct or participates in an investigation. Retaliation, whether actual or threatened, destroys the sense of community and trust that is central to a quality environment. The University Policy prohibits any form of reprisal or retaliation and community members engaging in reprisals or retaliation will be subject to disciplinary action, whether such acts are implicit or explicit, or committed directly or indirectly.
The University will make every reasonable effort to stop retaliation immediately, to conduct a complete and thorough investigation of alleged acts of retaliation in a timely manner, to provide remedies to victims of retaliation and to sanction the perpetrators of retaliation as appropriate.
Marymount University does not discriminate on the basis of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity and expression, marital status, pregnancy, veteran status or any other protected bases under applicable federal and local laws and regulations in any of its programs or its activities, including employment and admission. The university also expressly prohibits any form of sex discrimination and sexual misconduct including sexual harassment, dating and domestic violence, rape, sexual assault, sexual exploitation and stalking in any of its programs or activities, including employment and admission.
By a February 9, 1965, resolution of its board of directors, Marymount College of Virginia, now Marymount University, assured compliance with Department of Health, Education, and Welfare Title VI of the Civil Rights Act of 1964, with compliance registered as of April 2, 1965.
Inquiries regarding these issues may be directed to: Assistant Director for Community Standards & Title
IX Coordinator (Campus Location: Berg – 1001; Email: titleix@marymount.edu; Telephone Number (703)
526-6940); the Vice Provost for Academic Affairs serves as the University’s Section 504/ADA Coordinator
(Campus Location: Chap 2010; Email: sfoster@marymount.edu; Telephone Number (703) 284-5934) at Marymount University 2807 North Glebe Road, Arlington, VA 22207. Individuals with inquiries regarding these issues are encouraged to first contact the employees listed above. Individuals with inquiries about Title IX may also choose to contact the U.S. Department of Education’s Office for Civil Rights.
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any federally funded education program or activity. Sexual harassment, sexual assault, dating violence,
domestic violence, stalking and retaliation may all be forms of sex discrimination. Marymount University
(“the University”) will not tolerate any sexual harassment, sexual assault, dating violence, domestic violence, stalking or retaliation (“Prohibited Conduct”). The University’s Title IX Coordinator oversees the resolution of all misconduct covered by this Sexual and Interpersonal Misconduct Policy (“Policy”). To make a report or discuss any aspect of the Policy, please contact the Title IX Coordinator at:
Marymount University Title IX Office
Kaylee Chappell | Berg Hall, 1001 | (703) 526-6940 | TITLEIX@marymount.edu
This policy applies to all students; student organizations; employees, including staff, faculty, and administrators; and all other persons that participate in the University’s educational programs and activities, including third-party visitors on campus. This Policy prohibits this conduct regardless of whether the Complainant and Respondent are members of the same or opposite sex or gender.
The University has jurisdiction to take disciplinary action against a Respondent who is a current student or employee of the University. Each member of the University community is responsible for conducting themselves in accordance with this Policy and other University policies and procedures. All members of the University community have a responsibility to adhere to University policies and local, state and federal law.
The Policy applies to Prohibited Conduct that occurs:
1. on campus or other property owned or controlled by the University;
2. in the context of a University employment or education program or activity, including, but not limited to, University-sponsored study abroad, research, on-line, or internship programs; or
3. outside the context of University employment or a University educational program or activity, but has continuing adverse effects on or creates a hostile environment for an individual while on the University’s campus or other property owned or controlled by the University or in any University employment or educational program or activity.
This Policy may also apply to Prohibited Conduct online, including via email, blogs, web page entries on social or digital media sites such as Facebook, Twitter, Instagram, Snapchat, Tik Tok and other similar online postings that are in the public sphere and are not private. These postings can subject a university community member to allegations of conduct violations. The University does not regularly search for this kind of information but may take action if and when such information is brought to the attention of
University officials.
This Policy sets forth the procedures that will be used to investigate and respond to reports of Prohibited Conduct. The University will respond to reports about Prohibited Conduct with measures designed to eliminate the conduct, prevent its recurrence, and remedy any adverse effects of the conduct on individuals, members of the campus community, or University-related programs or activities. In addition, the University may impose supportive measures prior to the conclusion of the investigation to provide the parties with continued access to University programs and activities and protect individual and campus safety.
The procedures contained in this Policy are designed to enable the University to respond to reports in good faith, in accordance with applicable law, and in a manner that promotes fairness, impartiality, and prompt resolution for all parties. Not all circumstances can be fully accounted for in this Policy. The University reserves flexibility and the right to modify its procedures or to take other administrative action as it deems appropriate to address applicable legal requirements or unique circumstances.
If the Respondent is unknown or is not a member of the Marymount community, the Title IX Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or campus law enforcement if the individual would like to file a police report.
Further, even when the Respondent is not a member of Marymount’s community, supportive measures, remedies, and resources may be accessible to the Complainant by contacting the Title IX Coordinator.
When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in liaising with the appropriate individual at that institution, as it may be possible to allege violations through that institution’s policies.
The Title IX Coordinator may refer a report of conduct that does not constitute Prohibited Conduct under this policy, in the discretion of the Title IX Coordinator, but may violate other university policies including but not limited to Student Community Conduct Code, Non-Discrimination and Anti-Harassment Policy, Faculty Handbook, and other Human Resources policies to the the appropriate university administrator responsible for resolving the additional allegations. The Title IX Coordinator will make the final decision as to which process will be used for resolving the additional allegations.
This Policy is applicable to all forms of “Prohibited Conduct” as defined by this Policy. This Policy also prohibits gender-based harassment that does not involve conduct of a sexual nature, including hazing, stalking and failure to provide equal opportunity in admissions, employment, or athletics. This Policy is applicable to Prohibited Conduct against University community members of any gender, gender identity, gender expression or sexual orientation by any member of the University community, including students, faculty, staff, administrators, Board members, consultants, vendors, and others engaged in business with the University.
The University, as an educational community, will promptly and equitably respond to reports of Prohibited Conduct in order to eliminate the Prohibited Conduct, prevent its recurrence, and address its effects on any individual or the community.
The Title IX Coordinator is charged with monitoring the University’s compliance with Title IX and this Policy; ensuring appropriate education and training; coordinating the University’s investigation, response, and resolution of all reports under this Policy; and ensuring appropriate actions to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects. The Title IX Coordinator is available to meet with any student, employee, or third party to discuss this Policy or the accompanying procedures. The University has also designated Deputy Title IX Coordinators who may assist the Title IX Coordinator in the discharge of these responsibilities. The Title IX Coordinator and Deputy Title IX Coordinators receive appropriate training to discharge their responsibilities.
The Title IX Office may be reached during regular business hours:
Marymount University Title IX Office
Kaylee Chappell
Assistant Director for Community Standards & Title IX Coordinator
(703) 526-6940 | titleix@marymount.edu |Berg Hall 1001
2807 N. Glebe Road | Arlington, VA 22207
Marymount University has determined that the following administrators are Officials with Authority
(“OWA”) to address and correct harassment, discrimination, and/or retaliation. In addition to the Title IX Coordinator, these Officials with Authority listed below may also accept notice or complaints on behalf of the University.
Samantha “Nishan” Oliver
Assistant Director of Community Health
(703) 526-6489| shutchis@marymount.edu
Berg Hall 1001
Ellen O’Brien
Associate Athletic Director for Compliance/SWA
(703) 284-3334| eobrien@marymount.edu
Lee Center 2001
To raise any concern involving bias, conflict of interest, misconduct or discrimination by the Title IX Coordinator, contact Jill McCabe, Assistant Vice President and Athletics Directorby email at jill.mccabe@marymount.edu. Concerns of bias, conflict of interest, misconduct or discrimination by any other Title IX Team member should be raised with the Title IX Coordinator. Inquiries may be made externally to:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
For complaints involving employees: Equal Employment Opportunity Commission (EEOC)
Notice or complaints of discrimination, harassment, and/or retaliation may be made using any of the following options:
a. File a complaint with, or give verbal notice to, the Title IX Coordinator or a Deputy Title IX Coordinator. Such a report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator or Deputy Title IX Coordinators.
b. Report online, using the reporting form posted at www.marymount.edu/TitleIX. Anonymous reports are accepted but can give rise to a need to investigate. The University offers and tries to provide supportive measures to all Complainants, which may be impossible with an anonymous report.
At the time a report of Prohibited Conduct is made, a Complainant does not have to decide whether or not to request any particular course of action. Nor does a Complainant need to know how to label what happened. Choosing to make a report of Prohibited Conduct, and deciding how to proceed after making the report, can be a process that unfolds over time. The University provides support that can assist each individual in making these important decisions, and to the extent legally possible, will respect an individual’s autonomy in deciding how to proceed balancing the individual’s interest with its obligation to provide a safe and non-discriminatory environment for all members of the University community.
A reporting individual or Complainant is not obligated to proceed with a formal complaint, complaint resolution procedure, or other formal response, and the University will respect a Complainant’s request to dismiss a complaint, unless there is a compelling threat to health and/or safety. Examples of compelling threats are: when a specific threat to harm self or others has been voiced, serial predation, violence, or weapons. In such cases, the Title IX Coordinator will file the formal complaint.
A formal complaint means a document is filed and signed by the Complainant or signed by the Title IX Coordinator alleging Prohibited Conduct by a Respondent and requesting that the University investigate the allegation(s). A complaint may be filed with the Title IX Coordinator or a Deputy Coordinator in person, by mail, or by electronic mail, by using the contact information in the section immediately above. As used in this paragraph, the phrase “document filed by a Complainant” means a document or electronic submission (such as by electronic mail or through an online portal).
Upon receipt of a complaint (formal or informal), the Title IX Coordinator or designee will promptly contact the Complainant to(1) discuss the availability of supportive measures, (2) consider the Complainant’s wishes with respect to supportive measures, (3) inform the Complainant of the availability of supportive measures with or without the filing of a formal complaint, and (3) explain to the Complainant the process for filing a formal complaint.
There is no time limitation on providing notice/complaints to the Title IX Coordinator. However, if the
Respondent is no longer subject to the University’s jurisdiction and/or significant time has passed, the University’s ability to investigate, respond, and provide remedies may be more limited or impossible. A decision to act on notices/complaints significantly impacted by the passage of time (including, but not limited to, acts that have been impacted by the rescission or revision of policy) will be made at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as the Title IX Coordinator deems appropriate.
The University seeks to remove any barriers to reporting Prohibited Conduct. The University will generally offer any student, whether the Complainant, a witness, or third party, who reports Prohibited Conduct, limited immunity from being charged for Policy violations related to the personal ingestion of alcohol or drugs, provided that any such violations did not, and do not, place the health and safety of any person at risk. The University may choose, however, to pursue educational or therapeutic remedies for those individuals.
Title IX Sexual Harassment is defined under the Department of Education regulations (see 34 C.F.R., Part
106) issued in 2020 to implement Title IX of the Education Amendments of 1972. Title IX Sexual Harassment means the following conduct committed by or against students/and or employees in an education program or activity of the University, in the United States:
1. Quid Pro Quo:
a. an employee of the University,
b. conditions[1] the provision of an aid, benefit, or service of the University,
c. on an individual’s participation in unwelcome sexual conduct.
2. Sexual Harassment:
a. unwelcome conduct,
b. determined by a reasonable person,
c. to be so severe, and
d. pervasive, and,
e. objectively offensive,
f. that it effectively denies a person equal access to Marymount’s education program or activity.[2]
As defined in 20 U.S.C Section 1902(f)(6)(A)(v), Sexual Assault constitutes any sexual act directed against another person, without consent of the person, including instances in which the person is incapable of giving consent. Sexual Assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation (FBI). The following are types of Sexual Assault under the FBI’s National Incident-Based Reporting System (“NIBRS”) uniform crime reporting system::
1. Rape:
a. Carnal knowledge of a person,
b. without the consent of the person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
2. Sodomy:
a. Oral or anal sexual intercourse with another person,
b. without the consent of the person, including instances where the person is incapable of giving consent because of their age[3] or because of their temporary or permanent mental or physical incapacity.
3. Sexual Assault with an Object:
a. The use of an object or instrument to unlawfully penetrate,
b. however slightly,
c. the genital or anal opening of the body of another person,
d. without the consent of the person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
4. Fondling:
a. The touching of the private body parts of another individual,
b. for the purpose of sexual gratification,
c. without the consent of the person, including instances where the person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
5. Incest:
a. Nonforcible sexual intercourse between persons
b. who are related to each other within the degrees wherein marriage is prohibited by law.
6. Statutory Rape:
a. Nonforcible sexual intercourse with a person
b. who is under the statutory age of consent.
7. Dating Violence:
a. violence,
b. committed by a person,
c. who is in or has been in a social relationship of a romantic or intimate nature with an individual; and where existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of the relationship, and frequency of interaction between the persons involved.
8. Domestic Violence
a. violence,
b. committed by a current or former spouse or intimate partner of the person,
c. by an individual with whom the person shares a child in common, or
d. by a person who is cohabitating with, or has cohabitated with, the individual as a spouse or intimate partner, or
e. by an individual similarly situated to a spouse of the individual under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
f. by any individual against the person who is protected from that individual’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.
1. Stalking:
a. Engaging in a course of conduct,
b. directed a specific person, that would cause a reasonable person to
i. fear for their safety, or the safety of others, or ii. Suffer substantial emotional distress.
For the purposes of this definition—
(i) Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
(ii) Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
(iii) Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
Sexual Assault, Dating & Domestic Violence, and Stalking as defined above are still Prohibited Conduct even if it falls outside the jurisdiction of Title IX (not reportedly occuring within a program or activity of the University in the United States). In addition, the University additionally prohibits the following offenses as forms of discrimination outside of the jurisdiction of Title IX when the act is based upon the Complainant’s actual or perceived membership in a protected class.
Sexual harassment is any unwelcome sexual advance, request for sexual favors, and/or other unwelcome, verbal or physical conduct of a sexual nature when one of the conditions outlined in (a) or (b) below, is present.
Gender-based harassment includes harassment based on sex, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve contact of a sexual nature, when one of the conditions outlined in (a) or (b) below, is present.
(a) An employee of the University conditions the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct but which does not fit within the definition of Title IX Quid Pro Quo.
(b) Such conduct creates a hostile environment. A “hostile environment” exists when the conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the University’s education or employment programs and/or activities. Conduct must be deemed severe, persistent, or pervasive from both a subjective and an objective perspective. When evaluation whether a hostile environment exists, the University will consider the totality of known circumstances, including but not limited to:
i. The frequency, nature and severity of the conduct; ii. Whether the conduct was physically threatening;
iii. The effect of the conduct on the complainant’s mental or emotional state;
iv. Whether the conduct was directed at more than one person;
v. Whether the conduct arose in the context of other discriminatory conduct; vi. Whether the conduct unreasonably interfered with the complainant’s educational or work performance and/or University programs and activities; and vii. Whether the conduct implicates concerns related to academic freedom or protected speech.
A hostile environment can be created by persistent or pervasive conduct or by a single or isolated incident, if sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct is physical. A single incident of Sexual Assault, for example, may be sufficiently severe to constitute a hostile environment. In contrast, the perceived offensiveness of a single verbal or written expression, standing alone, is typically not sufficient to constitute a hostile environment.
Sexual Exploitation. Defined as: taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, and that conduct does not otherwise constitute sexual harassment under this policy. Examples of Sexual Exploitation include, but are not limited to:
● Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed).
● Invasion of sexual privacy.
● Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of revenge pornography.
● Prostituting another person.
● Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the infection.
● Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity.
● Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections.
● Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity.
● Knowingly soliciting a minor for sexual activity.
● Engaging in sex trafficking.
● Creation, possession, or dissemination of child pornography.
Violation of any other University policies may constitute a sex-based discrimination, when a violation is motivated by actual or perceived sex, sexual orientation, gender identity/expression, pregnancy or parenting status and the result is a discriminatory limitation or denial of employment or educational access, benefits, or opportunities. Marymount University reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any offense under this policy.
Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.
Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. Marymount will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation.
Marymount University and any member of the University community are prohibited from taking materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure. The exercise of rights protected under the First Amendment does not constitute retaliation.
Charging an individual with a Code of Conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this Policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.
As used in the Prohibited Conduct under this Policy, the following definitions and understandings apply:
Force. Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” “Okay, don’t hit me, I’ll do what you want.”). Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.
Coercion. Coercion is unwanted pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion may be emotional, intellectual, psychological, or moral.
Consent. In accordance with Catholic teaching, the University does not condone engaging in sexual activity outside the confines of marriage. However, the University understands that students will make their own decisions with regard to sexual activity. Individuals who choose to engage in sexual activity of any type must first obtain consent. Consent is the informed, voluntary, and willing participation or cooperation in action, behavior or attitude that is commonly understood to be consistent with the exercise of free will.
Consent is:
● knowing, and
● voluntary, and
● clear permission
● by word or action
● to engage in sexual activity.
Affirmative consent requires participants who:
1. are fully conscious, equally free, and legally competent to act;
2. have clearly communicated their willingness, cooperation, or permission to participate in the specific sexual activity engaged in; and
3. are positive and clear about their desires and are able to cease ongoing consensual activity at any time.
A person who wants to engage in a specific sexual activity is responsible for obtaining effective consent for that activity. A lack of resistance, or silence and/or passivity, does not constitute consent. A refusal to consent, or withdrawal of consent, does not have to be verbal; it can be expressed with clear gestures, body language, or attitude. A prior sexual history between participants by itself does not constitute consent to future sexual activity.
For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back. Individuals may experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.
If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged. Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.
Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on the University to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.
Incapacitation. Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction). A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. As stated above, a Respondent violates this policy if they engage in sexual activity with someone who is incapable of giving consent. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact. Engaging in sexual activity with an individual that Respondent reasonably should know is incapable of making a rational, reasonable decision about whether to engage in sexual activity is a violation of this Policy.
It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment. Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk. This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs.
In general, the University considers sexual contact while under the influence of alcohol or drugs to be risky behavior. Alcohol and drugs impair a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.
The perspective of a reasonable person will be the objective basis for determining whether a Respondent should have been aware of the extent and amount of the ingestion of alcohol or drugs by the Complainant, or of the extent to which the use of alcohol or drugs impacted a Complainant’s ability to give consent. For example, an individual who is in a blackout state may appear to act normally and be giving consent, but may not actually have conscious awareness, the ability to consent or later recall of the events in question. In determining whether consent has been given, the University will consider both the extent to which a Complainant affirmatively gives words or actions indicating a willingness to engage in sexual activity and whether the Respondent was aware – or reasonably should have known – of the Complainant’s level of alcohol consumption and/or level of impairment. Being intoxicated or impaired by alcohol or drugs is never an excuse for Prohibited Conduct and does not diminish one’s responsibility to obtain informed and affirmative consent.
The University is committed to a climate free from sexual and other forms of unlawful harassment in that it is both unwise and inappropriate for university managerial personnel to have romantic relationships with any subordinate university employee. Such relationships have the potential for adverse consequences, including the filing of sexual harassment complaints. Given the imbalance of power in a relationship where one person awards grades, serves as a coach, or makes promotion or salary decisions, the consensual nature of the relationship is inherently suspect. It is incumbent upon those with authority not to abuse or appear to abuse the power with which they have been entrusted. Should a charge of sexual harassment be brought by a person in a subordinate position, “consent to the relationship” shall not be deemed a sufficient defense or justification for conduct which otherwise would be deemed sexual harassment under the Policy of the University.
A romantic relationship in the workplace may raise perceptions of bias and favoritism; deterioration of the relationship may give rise to perceptions of harassment or retaliation. Prudence and the best interests of the participants in the relationship and others working with them dictate that if a romantic relationship develops between a university manager and a subordinate university employee, the managerial relationship cannot be permitted to continue. For more information, please see the University’s Consensual Relationships Policy.
The University’s Consensual Relationships Policy also prohibits consensual relationships of a dating, intimate, and/or sexual nature between faculty or staff and any student with whom the faculty or staff member is in a direct/power relationship. Furthermore, the University strongly discourages these consensual relationships even when no power relationship exists. This Policy is rooted in the recognition that faculty– or staff–student relationships may be inherently unequal and contain an element of superiority or power.
Consensual relationships between faculty or staff and students may give rise to the perception by others that there is favoritism or bias in educational decisions affecting students. These perceptions undermine the spirit of trust and mutual respect that is important to the University environment. Reporting of possible violations of the Policy may be made to the Title IX Office, the Department of Campus Safety, or Human Resources. In the event of such a relationship, it is the responsibility of the person in a position of authority to notify their own supervisor so that a resolution consistent with this Policy may be reached. Failure to comply with this requirement is a violation of this Policy, and the person in authority could be subject to disciplinary action, up to and including dismissal from employment by the University.
Any individual may file a complaint alleging Prohibited Conduct, including an aggrieved party outside the relationship affected by the perceived harassment or discrimination. Retaliation against persons who report concerns about prohibited relationships by persons in authority is prohibited and constitutes a violation of this Policy.
For purposes of this Policy, the term “faculty” incorporates the definitions set forth in the Marymount University Faculty Handbook, and includes the following persons: Full-time faculty members; Part-time faculty members; Tenured faculty members; Non-tenured faculty members; Continuing Instructors; Postdoctoral Teaching Fellows; Visiting Faculty Members; Lecturers; Adjuncts; Artists-In-Residence;
Externally Funded Faculty Members; Emeriti; Faculty Appointments in Library and Learning Sciences; Program Directors and Coordinators; Department Chairs; Associate Deans; Deans; and Academic Administrators.
Employees of Marymount University (including certain student employees), with the exception of those who are designated as Confidential Resources (outlined below), have a duty to promptly share with the Title IX Coordinator all known details of a report made to them in the course of their employment.
Employees also have a duty to promptly share all details of behaviors covered by this Policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party.
Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, or at events such as “Take Back the Night” marches or speak-outs do not provide notice that must be reported to the Title IX Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or seek a specific response from the University.
University employees who have a duty to report and fail to report an incident of Prohibited Conduct of which they become aware is a violation of this policy and can be subject to disciplinary or corrective action for failure to fulfill this obligation.
Under Virginia law and the University’s Protection of Minors and Mandatory Reporting of Suspected Child Abuse Policy, any person employed by a private institution of higher education who, in their professional or official capacity has reason to suspect that a child is an abused or neglected child, is required to report the matter immediately to child protective services. The University also requires that the information be immediately shared with the Title IX Coordinator and the Director of Campus Safety and Transportation so the University can ensure timely compliance with Virginia law and enhance the protection of children. The University will promptly report all suspected child abuse and neglect, including sexual assault, to law enforcement and/or to the Virginia Department of Human Services toll-free child abuse and neglect hotline, at 1-800-552-7096.
It is the University’s intent to act quickly regarding all suspected child abuse. For the purposes of this reporting obligation, the word “child” means any individual under the age of 18, and the suspected abuse may involve physical, sexual, or other forms of abuse or neglect, regardless of the identity of the suspected perpetrator. The duty to report is triggered by reasonable suspicion or belief. There is no requirement that you have actual evidence of abuse to report, nor is it the responsibility of any employee, student, or volunteer to investigate suspected child abuse. This is the role of child protective services and law enforcement authorities, who are best positioned to do so.
Minor: For the purpose of this policy, a minor is any person under the age of 18.
Any allegation of sexual abuse of a minor that is brought to the attention of any University employee or authorized volunteer must be reported to the Title IX Office and law enforcement authorities. This includes any allegation of sexual abuse of a minor that:
1) occurs on a Marymount University campus; or
2) is committed by a University employee or authorized volunteer.
The University will cooperate fully with the victim and law enforcement authorities in the investigation of such matters and take any action deemed appropriate and necessary.
For more information, please refer to the University’s Protection of Minors and Mandatory Reporting of Suspected Child Abuse Policy.
The University encourages good faith reporting of violations of this Policy. Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a policy violation determination.
Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under the University’s Student Community Conduct Code.
University Community members are encouraged to utilize the following resources for confidential discussion and support related to violations under this Policy and its effects. Because of the confidentiality afforded to these relationships, however, community members should know that these confidential resource persons are not in a position to report violations under this Policy to the Title IX Coordinator or to intervene to end its effects. To ensure University involvement, community members must report violations under this Policy to the Title IX Coordinator, as detailed in this Policy. Confidential Resources include:
| On-Campus Confidential Resources |
| |
| Student Counseling Services Berg Hall, 1014 703-526-6861 | Provides 24/7 confidential psychological individual and group counseling, crisis intervention, and consultation | |
| Student Health Services Berg Hall, 1014 703-284-1610 | Provides medical treatment and consultation | |
| Marymount University Campus Ministry University Chaplain, Father Gabriel Muteru Gerard Hall, First Floor 703-284-1607 | Provides religious counseling and support | |
Off-Campus Confidential Resources |
| ||
Doorways for Women and Children 24-hour Sexual Violence Hotline 703-237-0881 | ◆Hours: 24/7 ◆Provides advocacy, counseling, shelter and accompaniment to hospital for forensic exams | ||
Fairfax County Domestic and Sexual Violence Hotline 703-360-7273 | ◆Hours: 24/7 ◆Provides telephone counseling information on domestic and sexual violence issues | ||
Virginia State Domestic & Sexual Violence Hotline 800-838-8238 | ◆Hours: 24/7 ◆Provides telephone counseling information on domestic and sexual violence issues | ||
National Domestic Violence Hotline (NDV) 800-799-7233 (SAFE) | ◆Provides telephone counseling information on domestic and sexual violence issues | ||
Marymount University Employee Assistance Program for Faculty and Staff 888-267-8126 | ◆Hours: 24/7 ◆Provides connection to a professional counselor or lifeworks on-line assistance: www.lifeworks.com | ||
The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to the University’s education program or activity, including measures designed to protect the safety of all parties or the University’s educational environment, and/or deter sexual harassment and/or retaliation. The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.
The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. The Title IX Coordinator or designee has the discretion to continue supportive measures for the Complainant or the Respondent even after a determination of non-responsibility.
The University will maintain the privacy of the supportive measures, provided that privacy does not impair the University’s ability to provide the supportive measures. The University will act to ensure as minimal an academic/occupational impact on the parties as possible.
The University will implement measures in a way that does not unreasonably burden the other party.
These actions may include, but are not limited to:
● Referral to counseling, medical, and/or other healthcare services
● Referral to the Employee Assistance Program
● Referral to community-based service providers
● Visa and immigration assistance
● Student financial aid counseling
● Education to the institutional community or community subgroup(s)
● Altering campus housing assignment(s)
● Altering work arrangements for employees or student-employees
● Safety planning, including providing campus safety escorts
● Providing transportation accommodations
● Implementing contact limitations (no contact orders) between the parties
● Academic support, extensions of deadlines, or other course/program-related adjustments
● Trespass, or Be-On-the-Lookout (BOLO) orders/notice
● Timely warnings
● Class schedule modifications, withdrawals, or leaves of absence
● Increased security and monitoring of certain areas of the campus
● Any other actions deemed appropriate by the Title IX Coordinator
Violations of no contact orders will be referred to appropriate student or employee conduct processes for enforcement.
The University encourages individuals to seek assistance from a medical provider and/or law enforcement as soon as possible following an incident which poses a threat to safety or physical well-being. It is also the best option to ensure preservation of evidence, which may only exist for a short period of time, and to begin a timely investigative and remedial response.
The University Department of Campus Safety will escort any University community member to a safe place, provide access to transportation to the hospital, assist in coordination with law enforcement, and provide information about the University’s resources and complaint processes.
A forensic sexual assault examination should be obtained promptly from a hospital or sexual response center. The sexual assault examination has two goals: first, to diagnose and treat the full extent of any injury or physical effect (sexually transmitted infection or possibility of pregnancy) and, second, to properly collect and preserve evidence. The exam may include testing and prophylactic treatment for HIV/AIDS, STIs, and pregnancy, a vaginal/anal examination, collecting fingernail scrapings and/or clippings, examining for injuries, and a blood draw. There is a limited window of time (typically 72 to 96 hours) following an incident of sexual assault to preserve physical and other forms of evidence. Taking the step to gather evidence immediately does not commit an individual to any course of action.
The decision to seek medical attention and gather any evidence will preserve the full range of options to seek resolution through the University’s complaint processes or criminal action. Individuals who believe they may have been drugged should consider seeking drug testing immediately to collect and preserve evidence, as most drugs exit an individual’s system quickly.
An individual can also contact a Student Health Services nurse or nurse practitioner (during open hours). Student Health Services can provide follow-up medical services and a forum to discuss any health care concerns related to the incident in a confidential medical setting. Student Health Services however, is not equipped to conduct forensic sexual assault examinations.
Medical Treatment |
|
Inova Fairfax Hospital 3300 Gallows Road Falls Church, Virginia 22042 703-776-4001 | Provides medical treatment and Sexual Assault Nurse Examiner (Closest SANE hospital) |
Inova Alexandria Hospital 4320 Seminary Road Alexandria, Virginia 22304 703-504-3000 | Provides medical treatment and Sexual Assault Forensic Exams |
Marymount University Student Health Center Berg Hall, 1014 703-284-1610 | Provides medical treatment and support |
Simultaneous to pursuing resolution through the University’s internal process, the Complainant may also file a criminal report with Arlington County Police Depart or the appropriate law enforcement agency.
The University’s Policy, definitions and burden of proof may differ from Virginia criminal law. A Complainant may seek resolution through the University’s complaint process, may pursue criminal action, may choose one but not the other, or may choose both. Neither law enforcement’s determination whether or not to prosecute a Respondent, nor the outcome of any criminal prosecution, are determinative of whether Prohibited Conduct has occurred under this Policy. Proceedings under this Policy may be carried out prior to, simultaneously with or following civil or criminal proceedings off campus.
Arlington County Police Department | 703-558-2222 |
Fairfax County Police Department | 703-691-2131 |
Virginia State Police | 703-803-0026 |
Where Prohibited Conduct is reported to law enforcement, it may be possible to obtain a court-ordered Emergency or Preliminary Protective Order. These Protective Orders may be issued if a magistrate or judge believes that there is an immediate threat to health or safety. The court may agree to issue a “Permanent” Protective Order, if appropriate, which may remain in place for up to two years under Virginia law and, in some cases, may be extended for a longer period of time. “Protective Orders” are not the same as a No Contact Order that is issued as a supportive measure by the Title IX Coordinator. Protective Orders may be issued by a court of law; their violation may result in criminal charges.
Assistance is available from the University Department of Campus Safety and local law enforcement 24 hours a day, year round, by calling the Department of Campus Safety and/or the Arlington County Police Department. Any individual can request that a member of the Department of Campus Safety and/or Arlington Police Department respond and take a report.
For complaints against a student alleging violations of Prohibited Conduct that falls under the jurisdiction of Title IX, the University can act to remove a Respondent entirely or partially from its education programs or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator in conjunction with the Threat Assessment Team, using its standard objective violence risk assessment procedures.
In all cases in which an emergency removal is imposed, the studentwill be given notice of the action and the option to request to meet with the Title IX Coordinator prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should not be implemented or should be modified. This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested within three (3) business days of Respondent’s receipt of notice, objections to the emergency removal will be deemed waived.
A Respondent requesting such a meeting may also bring an Advisor of their choosing. A Complainant and their Advisor may be permitted to attend this meeting if the Title IX Coordinator determines it is equitable to do so. The Respondent will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation.
This section also applies to any restrictions that a coach or athletic administrator may place on a student-athlete arising from allegations related to Title IX. There is no appeal process for emergency removal decisions.
The Title IX Coordinator has sole discretion under this policy to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this Policy will be grounds for discipline, which may include expulsion.
The University will implement the least restrictive emergency actions reasonably possible in light of the circumstances and safety concerns. As determined by the Title IX Coordinator, these actions could include, but are not limited to: removing a student from a residence hall, temporarily re-assigning an employee, restricting a student’s or employee’s access to or use of facilities or equipment, allowing a student to withdraw or take grades of incomplete without financial penalty, authorizing an administrative leave, and suspending a student’s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate/intramural athletics. At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the parties.
For complaints against a student alleging violations of Prohibited Conduct that falls outside the jurisdiction of Title IX, the University may place the Respondent, who is a Student, on interim suspension pursuant to the Student Community Conduct Code.
The Title IX Coordinator or designee, in consultation with other University administrators as necessary, may place a non-student employee Respondent or a faculty Respondent on administrative leave during the pendency of the grievance process. An employee alleged to have committed Prohibited Conduct that falls under the jurisdiction of Title IX will not be placed on administrative leave unless and until a Formal Complaint has been filed with the University. The University, in its discretion and based on the circumstances, will determine whether any administrative leave imposed is to be imposed with or without pay or benefits.
Virginia Code § 23-9.2:18 requires institutions of higher education to adopt procedures to notate the transcripts of students who withdraw while under investigation or are suspended or dismissed for acts of sexual violence. For the purposes of this law, the Commonwealth defines “sexual violence” as physical sexual acts perpetrated against a person’s will or against a person incapable of giving consent. The law also requires that institutions of higher education establish procedures for the removal of the notation for those students who have subsequently been found not responsible or who have satisfied the conditions of their suspension. The full text of the law is available from the Commonwealth at: https://law.lis.virginia.gov/vacode/title23.1/chapter9/section23.1-900/
The Title IX Coordinator will notify the student that the suspension, dismissal, or withdrawal will be documented on their academic transcript. The student’s academic transcript suspension notation will be removed if they have completed the terms of a suspension and the University has determined the individual to be in good standing, in accordance with University conduct standards.
If a student separates from the University amidst involvement as a Respondent in a case related to this Policy, the Title IX Coordinator will alert the Registrar, who will place a notation on the Respondent’s transcript. The case can then be resolved under Process A, Process B, or closed, depending on Respondent’s interest in participation and the Complainant and Title IX Coordinator’s judgment of an appropriate resolution. The Title IX Coordinator has ultimate say on how the case proceeds. If the case is dismissed or continues and the Respondent is found not responsible, the notation will be removed from their transcript.
Transcript Notation Wording
a. WITHDRAWAL NOTATION. “Withdrew while under investigation for a violation of the Sexual and
Interpersonal Misconduct Policy”
b. SUSPENSION NOTATION. “Suspended for a violation of the Sexual and Interpersonal Misconduct
Policy”
c. EXPULSION NOTATION. “Dismissed for a violation of the Sexual and Interpersonal Misconduct Policy”
All allegations are acted upon promptly by the University once it has received notice or a formal complaint. The University strives to complete resolution of Formal Complaints within 90 business days. To ensure timely resolution, the grievance process will take place during all times that the University is open, including summer and winter breaks. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but the University will avoid undue delays within its control. Reasonable adjustments to the timeline of the grievance process may be made for good cause, such as to ensure participation of the parties and/or witnesses, hearing and sanctioning panels cannot be convened, the case is complex, or other comparable situations. Any time the general timeframes for resolution outlined in the University’s procedures will be delayed, the University will provide written notice to the parties of the delay, the cause of the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.
Every effort is made by the University to preserve the privacy of reports. The University will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures. The University reserves the right to designate which University officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).
The University will act on any formal or informal notice/complaint of Prohibited Conduct under this Policy that is received by the Title IX Coordinator[4] or any other Official with Authority by applying these procedures, known as “Process A.” Process A is intended to be consistent with the University’s compliance obligations under the Title IX regulations issued by the U.S. Department of Education.
If a dismissal occurs under Process A, the complaint may qualify under “Process B.” Process B can apply to Prohibited Conduct as defined in the Section: Prohibited Conduct Outside the Jurisdiction of Title IX (including sexual harassment, sexual assault, dating violence, domestic violence, and stalking, as defined above) when jurisdiction does not fall within Process A, as determined by the Title IX Coordinator.
Resolution proceedings are private. All persons present at any time during the resolution process are expected to maintain the privacy of the proceedings in accordance with University policy. Although there is an expectation of privacy around what Investigators share with parties during interviews, the parties have discretion to share their own knowledge and evidence with others if they so choose, with the exception of information the parties agree not to disclose related to Informal Resolution, discussed below. The University encourages parties to discuss any sharing of information with their Advisors before doing so.
Unionized/other categorized employees are subject to the terms of their agreements/employees’ rights to the extent those agreements do not conflict with federal or state compliance obligations.
The procedures below apply only to qualifying allegations of incidents of Prohibited Conduct that fall under the jurisdiction of Title IX (including sexual harassment, sexual assault, dating violence, domestic violence, and stalking, as defined above) involving students, staff, administrator, or faculty members. The procedures below may be used to address collateral misconduct arising from the investigation of or occurring in conjunction with reported misconduct (e.g., vandalism, physical abuse of another). All other allegations of misconduct unrelated to incidents covered by the Policy will be addressed through procedures described in Student Community Conduct Code, Human Resources policies, and/or Faculty Handbook.
Upon receipt of a complaint or notice to the Title IX Coordinator of alleged Prohibited Conduct under the Policy, the Title IX Coordinator or designee will initiate a prompt initial assessment with the Complainant or reporter to determine the next steps the University needs to take. If the complaint clearly does not fall under the jurisdiction of Title IX, the Title IX Coordinator will assess which policies may apply and refer it to the appropriate office (e.g. Human Resources) or process (e.g. Process B).
Following receipt of notice or a complaint of alleged Prohibited Conduct under this Policy falling under Title IX jurisdiction, the Title IX Coordinator[5] or designee will engage in an initial assessment, typically within one (1) to five (5) business days. The steps in an initial assessment include:
The Title IX Coordinator or designee will meet with the Complainant to offer supportive measures and determine whether the Complainant prefers (1) no action, (2) informal resolution (formal complaint required), or (3) a formal investigation and grievance process (formal complaint required):
1. If no action is requested, The Title IX Coordinator or designee will also assess and act on any threat to health or safety, whether by initiating a Violence Risk Assessment (for immediate threat) or a formal complaint (regardless of Complainant’s wishes).
1. If the Complainant prefers an informal resolution or no action, the Title IX Coordinator or designee will assess whether the complaint is suitable for informal resolution, and may seek to determine if the Respondent is also willing to engage in informal resolution. The Title IX Coordinator will work with the Complainant to identify their wishes, assess the request, and implement accordingly. No formal grievance process will be initiated, although the Complainant can elect to initiate one later, if desired.
2. If a formal grievance process is desired, the Title IX Coordinator or designee will assess its sufficiency, determine if the misconduct alleged falls within the scope of Title IX, and work with the Complainant to make sure the report is correctly completed. The Title IX Coordinator will initiate the formal investigation and grievance process, directing the investigation to address an incident, and/or a pattern of alleged misconduct, and/or a culture/climate concern, based on the nature of the complaint.
In some cases, the Title IX Coordinator may determine that a Violence Risk Assessment (VRA) should be conducted by the University’s Threat Assessment Team as part of the initial assessment. A VRA can aid in critical and/or required determinations, including:
● Emergency removal of a Respondent on the basis of immediate threat to physical health/safety;
● Whether the Title IX Coordinator should pursue/sign a formal complaint absent a willing/able Complainant;
● Whether to put the investigation on the footing of incident and/or pattern and/or climate; ● To help identify potential predatory conduct;
● To help assess/identify grooming behaviors;
● Whether it is reasonable to try to resolve a complaint through informal resolution, and what modality may be most successful;
● Whether to permit a voluntary withdrawal by the Respondent;
● Whether to impose transcript notation or communicate with a transfer university about a Respondent;
● Assessment of appropriate sanctions/remedies (to be applied post-hearing); and/or ● Whether a Clery Act Timely Warning/Trespass order is needed.
Threat assessment is the process of evaluating the actionability of violence by an individual against another person or group following the issuance of a direct or conditional threat. A VRA is a broader term used to assess any potential violence or danger, regardless of the presence of a vague, conditional, or direct threat.
VRAs require specific training and are typically conducted by psychologists, clinical counselors, social workers, case managers, law enforcement officers, student conduct officers, or other University CARE team members.
A VRA authorized by the Title IX Coordinator should occur in collaboration with the Threat Assessment Team. Where a VRA is required by the Title IX Coordinator, a Respondent refusing to cooperate may result in a charge of failure to comply within the appropriate student or employee conduct process.
A VRA is not an evaluation for an involuntary behavioral health hospitalization, nor is it a psychological or mental health assessment. A VRA assesses the risk of actionable violence, often with a focus on targeted/predatory escalations, and is supported by research from the fields of law enforcement, criminology, human resources, and psychology.
A Complainant who does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal complaint to be pursued, may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and to comply with state or federal law.
The Title IX Coordinator has ultimate discretion over whether the University proceeds when the Complainant does not wish to do so, and the Title IX Coordinator may sign a formal complaint to initiate a grievance process upon completion of an appropriate violence risk assessment.
The Title IX Coordinator’s decision should be based on results of the violence risk assessment that show a compelling risk to health and/or safety that requires the University to pursue formal action to protect the community.
A compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence. The University may be compelled to act on alleged employee misconduct irrespective of a Complainant’s wishes.
The Title IX Coordinator must also consider the effect that non-participation by the Complainant may have on the availability of evidence and the University’s ability to pursue a formal Complaint Resolution Process fairly and effectively.
When the Title IX Coordinator executes the written complaint of Prohibited Conduct, they do not become the Complainant. The Complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this Policy.
When the University proceeds with a Complaint Resolution Process, a party may note that the University’s ability to remedy and respond to notice may be limited if the Complainant does not want the University to proceed with an investigation and/or grievance process. The goal is to provide the Complainant with as much control over the process as possible, while balancing the University’s obligation to protect its community.
In cases in which the Complainant requests privacy/no formal action and the circumstances allow the University to honor that request, the University will still offer supportive measures and remedies to the Complainant and the community, but will not otherwise pursue formal action.
If the Complainant elects to take no action, they can change that decision if they decide to pursue a formal complaint at a later date. Upon making a formal complaint, a Complainant has the right, and can expect, to have allegations taken seriously by the University, and to have the allegations investigated and properly resolved through these procedures.
Informal Resolution (after a formal complaint) involves parties reaching a mutually agreed-upon resolution of an allegation. The University will not compel a Complainant or
Respondent to engage in any form of informal resolution. All parties must voluntarily consent, in writing, to the use of an alternate resolution mechanism.
It is not necessary to pursue informal resolution first in order to pursue a Formal Grievance Process, and any party participating in informal resolution can stop the process at any time and begin or resume the Formal Grievance Process. If a party initiates or participates in a formal resolution process in the future, the information obtained during the informal resolution process (for example, if a respondent were to accept responsibility) may not be used in any formal resolution process.
At any time prior to reaching a determination regarding responsibility, the University may facilitate an informal resolution provided that:
a. Written notice is given to the parties that discloses the allegations within the formal complaint; the requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that, at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint; and any consequences resulting from participating in the informal resolution process; and
b. Obtains the parties’ voluntary, written consent to the informal resolution process.
The Title IX Coordinator or designee may elect to bypass the informal procedures because of the severity of the allegation or complexity of the formal complaint. Informal resolution is not permitted for formal complaints to resolve allegations from a student Complaintant against an employee Respondent.
The Title IX Coordinator or designee may consider the following factors to assess whether informal resolution is appropriate, or which form of resolution may be most successful for the parties:
● The parties’ amenability to informal resolution;
● Likelihood of potential resolution, taking into account any power dynamics between the parties;
● The parties’ motivation to participate;
● Civility of the parties;
● Results of a violence risk assessment/ongoing risk analysis;
● Disciplinary history;
● Whether an emergency removal is needed;
● Skill and availability of an informal resolution facilitator for this type of allegation;
● Complaint complexity;
● Emotional investment/capability of the parties;
● Rationality of the parties;
● Goals of the parties;
● Adequate resources to invest in informal resolution (time, staff, etc.)
● Note: informal resolution is not permitted to resolve allegations that an employee sexually harassed a student.
The ultimate determination of whether informal resolution is available or successful is in the discretion of the Title IX Coordinator. The Title IX Coordinator maintains records of any resolution that is reached, and failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions, to be determined at the discretion of the Title IX Coordinator. Results of complaints resolved by informal resolution or alternate resolution are not appealable.
If informal resolution is deemed applicable, the Title IX Coordinator will determine whether all parties and the Title IX Coordinator are able to agree on responsibility, sanctions, and/or remedies. If so, the Title IX Coordinator will implement the accepted finding that the Respondent violated university policy and will implement agreed-upon sanctions and/or remedies, in coordination with other appropriate university administrator(s), as necessary.
This result is not subject to appeal once all parties have indicated their written assent to all agreed-upon terms of resolution. When the parties cannot agree on all terms of resolution, the Formal Grievance Process will resume at the same point where it was paused. When this occurs, the acceptance of responsibility may not be used against the Respondent in the continuing Formal Grievance Process.
When a resolution is accomplished, the appropriate sanction or responsive actions are promptly implemented in order to effectively stop the sexual harassment or retaliation, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the University community.
The Formal Grievance Process includes an investigation, hearing, decision, and as applicable rendering of sanctions. The Formal Grievance process under “Process A” is outlined below in detail, and has 10 core overarching requirements:
● Equitable treatment
● Objective evaluation
● Training of key participants
● Presumption of innocence
● Prompt timeframes
● Sanctions and remedies
● Standard of evidence
● Appeal processes and standards
● Supportive measures
● Legal privilege
The University is obligated to ensure that the grievance process is not abused for retaliatory purposes. The University permits the filing of counterclaims but uses an initial assessment, described above, to assess whether the allegations in the counterclaim are made in good faith. Counterclaims by a Respondent may be made in good faith, but are, on occasion, also made for purposes of retaliation. Counterclaims made with retaliatory intent will not be permitted.
Counterclaims determined to have been reported in good faith will be processed using the grievance procedures below. Investigation of such claims may take place after resolution of the underlying initial allegation, in which case a delay may occur.
Counterclaims may also be resolved through the same investigation as the underlying allegation, at the discretion of the Title IX Coordinator. When counterclaims are not made in good faith, they will be considered retaliatory and may constitute a violation of this Policy.
Following the conclusion of the resolution process as set forth in this Policy, and in addition to any sanctions implemented, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the parties and/or the campus community that are intended to stop the sexual harassment and/or retaliation, remedy the effects, and prevent reoccurrence. These remedies/actions may include, but are not limited to:
● Referral to counseling and health services
● Referral to the Employee Assistance Program
● Education to the individual and/or the community
● Permanent alteration of housing assignments
● Permanent alteration of work arrangements for employees
● Provision of campus safety escorts
● Climate surveys
● Policy modification and/or training
● Provision of transportation accommodations
● Implementation of long-term contact limitations between the parties
● Implementation of adjustments to academic deadlines, course schedules, etc.
At the discretion of the Title IX Coordinator, certain long-term support or measures may also be provided to the parties, even if no policy violation is found. When no policy violation is found, the Title IX Coordinator will address any remedies owed by the University to the Respondent to ensure no effective denial of educational access. The University will maintain the privacy of any long-term remedies/actions/measures, provided privacy does not impair the University’s ability to provide these services.
The Title IX Coordinator or designee must dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:
1. The conduct alleged in the formal complaint would not constitute sexual harassment as defined in the Prohibited Conduct section above, even if proved; and/or
2. The conduct alleged did not occur in an educational program or activity controlled by the University (including buildings or property controlled by recognized student organizations); and/or
3. The conduct alleged did not occur against a person in the United States.
In the event that the Title IX Coordinator or designee mandatorily dismisses a formal complaint under this Section, but determines that the conduct alleged in the formal complaint may be Prohibited Conduct as defined in the Section: Prohibited Conduct Outside the Jurisdiction of Title IX or in violation of another University policy, then the Title IX Coordinator or designee will refer the conduct alleged in the formal complaint to the appropriate University office for resolution under the applicable University process/procedure.
The Title IX Coordinator or designee may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing:
1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; and/or
2. The Respondent is no longer enrolled in or employed by the University; and/or
3. Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
Upon any dismissal, the University will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties. This dismissal decision is appealable by any party under the procedures for appeal below. A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it.
The University is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the University’s resolution process. Anyone needing such accommodations or support should contact the Associate Director of Student Access Services who will review the request and, in consultation with the person requesting the accommodation and the Title IX Coordinator, determine which accommodations are appropriate and necessary for full participation in the University’s resolution process. Generally, a party should make a request promptly and in advance of when the accommodation is needed to allow a reasonable amount of time to review the request. However, a response to an immediate need for accommodation will be considered to the fullest extent possible.
Upon receipt of a formal complaint, the Title IX Coordinator will provide written notice of the investigation and allegations (the “NOIA”) to the Complainant and the Respondent.
The NOIA will include:
● Notice of the University’s grievance process described in this Policy, including any informal resolution;
● Notice of the conduct alleged to be potentially constituting Prohibited Conduct under this Policy, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties, if known, the conduct allegedly constituting Prohibited Conduct under this Policy, and the date and location of the alleged incident;
● A statement that the University presumes the Respondent is not responsible for the alleged misconduct unless and until the evidence supports a different determination;
● A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity to inspect and review all directly related and/or relevant evidence obtained during the review and comment period as described in this Policy;
● A statement about the University’s Policy on retaliation;
● Information on the need for each party to have an Advisor of their choosing and suggestions for ways to identify an Advisor;
● A statement informing the parties that the University’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the resolution process,
Amendments and updates to the NOIA may be provided by the Title IX Coordinator as the investigation progresses and more information becomes available regarding the addition or dismissal of various charges.
Notice will be made in writing and may be delivered by one or more of the following methods: in-person or emailed to the parties’ university-issued email or designated accounts. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.
The parties may each have an Advisor[7] of their choice present with them for all meetings, interviews, and hearings within the resolution process, if they so choose. Parties also have the right to choose not to have an Advisor in the initial stages of the resolution process, prior to a hearing. The parties may select whoever they wish to serve as their Advisor as long as the Advisor is eligible and available.[8] The role of an advisor is limited to consultation. Other than at a live hearing for the sole purpose of conducting any cross-examination as noted in Process A, an advisor may not speak on behalf of a party or otherwise participate in, or in any manner delay, disrupt or interfere with meetings and/or proceedings. The University will not unduly delay the scheduling of meetings or proceedings based on an advisor’s unavailability. An advisor may be asked to meet with the Title IX Coordinator or designee, or another University administrator, in advance of any proceedings to understand the expectations of the role, privacy considerations, and appropriate decorum.
1. An Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. The parties may choose an Advisor from inside or outside of the University community.
2. Choosing an Advisor who is also a witness in the process creates potential for bias and conflict-of-interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the hearing Decision-maker(s).
3. The Title IX Coordinator will also offer to assign a trained Advisor for any party if the party so chooses. If the parties choose an Advisor from the Pool available from the University, the Advisor will be trained by the University and be familiar with the University’s resolution process.
4. If the parties choose an Advisor from outside the Pool of those identified by the University, the Advisor may not have been trained by the University and may not be familiar with university policies and procedures.
5. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.
6. The University cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, the University is not obligated to provide an attorney.
Parties are not permitted to directly question each other or any witnesses. If a party does not have an Advisor for a hearing, the University will appoint a trained Advisor for the limited purpose of conducting any questioning of the other party and witnesses. A party may reject this appointment and choose their own Advisor, but they may not proceed without an Advisor. If the party’s Advisor will not conduct questioning, the University will appoint an Advisor who will do so, regardless of the participation or non-participation of the advised party in the hearing itself. Extensive questioning of the parties and witnesses will also be conducted by the Decision-maker during the hearing.
Advisors may request to meet with the administrative officials conducting interviews/meetings in advance of these interviews or meetings. This pre-meeting allows Advisors to clarify and understand their role and the University’s Policies and Procedures.
All Advisors are subject to the same university policies and procedures, whether they are attorneys or not. Advisors are expected to advise their advisees without disrupting proceedings. [Advisors should not address university officials in a meeting or interview unless invited to (e.g., asking procedural questions). The Advisor may not make a presentation or represent their advisee[9] during any meeting or proceeding and may not speak on behalf of the advisee to the Investigator or other Decision-maker except during a hearing proceeding, during cross-examination].
The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.
Any Advisor who does not comply with the requirements of this policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended, or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.
The University expects that the parties may wish to have the University share documentation and evidence related to the allegations with their Advisors. Parties may share this information directly with their Advisor or other individuals, if they wish. Doing so may help the parties participate more meaningfully in the resolution process.
The University also provides a consent form that authorizes the University to share such information directly with their Advisor. The parties must either complete and submit this form to the Title IX Coordinator or provide similar documentation demonstrating consent to a release of information to the Advisor before the University is able to share records with an Advisor.
Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by University. The University may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the University’s privacy expectations.
The University generally expects an Advisor to adjust their schedule to allow them to attend university meetings when planned, but may change scheduled meetings to accommodate an Advisor’s inability to attend, for good cause shown, and if doing so does not cause an unreasonable delay.
The University may also make reasonable provisions to allow an Advisor who cannot attend in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be appropriate, convenient, and available.
A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The parties are expected to inform the Investigator of the identity of their Advisor at least two (2) business days before the date of their first meeting with the Investigator (or as soon as possible if a more expeditious meeting is necessary or desired).
The parties are expected to provide timely notice to the Title IX Coordinator if they change Advisors at any time. It is assumed that if a party changes Advisors, consent to share information with the previous Advisor is terminated, and a release for the new Advisor must be secured. Parties are expected to inform the Title IX Coordinator of the identity of their hearing Advisor at least two (2) business days before the hearing.
For representation, Respondents may wish to contact organizations such as: ● FACE (http://www.facecampusequality.org) ● SAVE (http://www.saveservices.org).
Complainants may wish to contact organizations such as:
● The Victim Rights Law Center (http://www.victimrights.org),
● The National Center for Victims of Crime (http://www.victimsofcrime.org), which maintains the Crime Victim’s Bar Association.
● The Time’s Up Legal Defense Fund: https://nwlc.org/times-up-legal-defense-fund/
The University will make a good faith effort to complete the resolution process within a ninety (90) business day time period, including appeal, which may be extended as deemed necessary by the Title IX Coordinator, who will provide notice and a brief explanation for any extensions or delays to the parties, as appropriate, as well as an estimate of how much additional time may be needed to complete the process.
The Title IX Coordinator will appoint an Investigator to conduct a prompt, thorough, fair, and impartial investigation, usually within five (5) business days of determining that an investigation should proceed.
Any individual materially involved in the administration of the resolution process (including the Title IX Coordinator, Investigators, and Decision-makers) may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.
The Title IX Coordinator will vet the assigned Investigator to ensure impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. The parties may, at any time during the resolution process, raise a concern regarding bias or conflict of interest to the Title IX Coordinator, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, the Title IX Coordinator will assign another Investigator and the impact of the bias or conflict, if any, will be remedied.
The Formal Grievance Process involves an objective evaluation of all relevant evidence obtained, including evidence that supports that the Respondent engaged in a policy violation and evidence that supports that the Respondent did not engage in a policy violation. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness.
The University operates with the presumption that the Respondent is not responsible for the reported misconduct unless and until all of the relevant evidence has been examined and a determination regarding responsibility is made at the conclusion of the grievance process..
All investigations will be thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary. All parties will be provided with equitable opportunities, including the opportunity to participate in the investigation, to suggest witnesses and questions, to provide evidence and expert witnesses, and to review and respond to all evidence on the record.
Many investigations may be completed expeditiously, normally within thirty (30) business days, although some investigations may take weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, and other factors. The University will make a good faith effort to complete investigations as promptly as circumstances reasonably permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.
The University may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include but are not limited to: a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of parties and/or witnesses, and/or accommodations for disabilities or health conditions.
The University will communicate in writing the anticipated duration of the delay and reason to the parties and provide the parties with status updates if necessary. The University will promptly resume its investigation and resolution process as soon as feasible. During such a delay, the University will implement supportive measures as deemed appropriate.
University action(s) or processes under this policy are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.
The Investigator typically may take the following steps, if not already completed (not necessarily in this order):
● Determine the identity and contact information of the Complainant
● In coordination with campus partners, initiate, or assist with any necessary supportive measures
● Identify all policies implicated by the alleged misconduct and notify the Complainant and Respondent of all of the specific policies implicated
● Assist the Title IX Coordinator with conducting a prompt initial assessment to determine if the allegations indicate a potential policy violation
● Prepare the initial Notice of Investigation and Allegation (NOIA). The NOIA may be amended with any additional or dismissed allegations
● Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for all witnesses and the parties
● Arrange interviews with both parties, providing written notice of the date, time, and location of the meeting, as well as the expected participants and purpose. Make a good faith effort to notify the parties of any meeting or interview involving the other party, in advance when possible
● Interview available, relevant witnesses and conduct follow-up interviews as necessary. Allow each party the opportunity to suggest witnesses and questions they wish the Investigator to ask of the other party and witnesses, and document in the report which questions were asked, with a rationale for any changes or omissions. Disclose when interviews are recorded ● Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes (or transcript) of the relevant evidence/testimony from their respective interviews and meetings
● Complete the investigation promptly and without unreasonable deviation from the intended timeline
● Gather, assess, and synthesize evidence, but make no conclusions, engage in no policy analysis, and render no recommendations as part of their report
● Provide regular status updates to the parties throughout the investigation
● Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) with a list of witnesses whose information will be used to render a finding
● Write a comprehensive investigation report fully summarizing the investigation, all witness interviews, and addressing all relevant evidence. An appendix including relevant physical or documentary evidence will be included
● Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) a secured electronic or hard copy of the draft investigation report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which the University does not intend to rely in reaching a determination, for a ten (10) business day review and comment period so that each party may meaningfully respond to the evidence. The parties may elect to waive the full ten (10) days. Each copy of the materials shared will be watermarked on each page with the role of the person receiving it (e.g., Complainant, Respondent, Complainant’s Advisor, Respondent’s Advisor).
● The Investigator will incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional relevant evidence, make any necessary revisions, and finalize the report. The Investigator should document all rationales for any changes made after the review and comment period
● The Investigator will share the final investigation report with the Title IX Coordinator for review and feedback
● The Investigator will incorporate any relevant feedback from the Title IX Coordinator, and the final investigation report will then be shared with all parties and their Advisors through secure electronic transmission or hard copy at least ten (10) business days prior to a hearing. The parties and their respective Advisors (if so desired by the parties) will be provided with a secured electronic or hard copy of any directly related evidence that was not included in the final investigation report
Witnesses (as distinguished from the parties) who are employees of the University are expected to cooperate with and participate in the University’s investigation and resolution process. Failure of such witnesses to cooperate with and/or participate in the investigation or resolution process constitutes a violation of university policy and may result in the imposition of discipline against the uncooperative employee. Student witnesses and witnesses from outside the University community are encouraged to cooperate with university investigations and to share what they know about a complaint.
Although in-person interviews for parties and all potential witnesses are preferred, circumstances may require witnesses to be interviewed remotely. Skype, Zoom, FaceTime, WebEx, or similar technologies may be used for witness interviews if the Investigator determines that timeliness or efficiency dictate a need for remote interviewing. The University will take appropriate steps to reasonably ensure the security/privacy of remote interviews.
Witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator, though not preferred. If a witness submits a written statement but does not intend to be and is not present for cross examination at a hearing, their written statement may not be used as evidence.
The Investigator will have the burden of proof, and the burden of gathering evidence sufficient to reach a determination regarding responsibility. The Investigator will review all information gathered or provided by the parties and will determine the appropriateness, relevance and probative value of the information developed or received during the investigation.
The Investigator cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the treatment of the party, unless the Investigator obtains that party’s voluntary, written consent to do so for the grievance process.
The Investigator cannot require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived that privilege, in writing, for the grievance process.
The investigation will also not include: 1) incidents not directly related to the alleged Prohibited Conduct, unless they evidence a pattern or practice; 2) questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, unless (a) such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or (b) the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
Provided that the complaint is not resolved through informal resolution, once the final investigation report has been shared with the parties, the Title IX Coordinator will schedule the matter for a hearing.
The hearing will be scheduled for a date that is not less than ten (10) business days from the conclusion of the investigation, i.e., the date when the final investigation report is transmitted to the parties and the Decision-maker, unless all parties and the Decision-maker agree to an expedited timeline.
The Title IX Coordinator or designee will select an appropriate Decision-maker from the Pool, at the discretion of the Title IX Coordinator or designee. Allegations involving student-employees in the context of their employment will be directed to an appropriate Decision-maker depending on the context and nature of the alleged misconduct.
The Title IX Coordinator or designee will designate a single Decision-maker, at the discretion of the Title IX Coordinator or designee. The single Decision-maker will also serve as Chair of the hearing. With a panel, one of the three members will be appointed as Chair, at the discretion of the Title IX Coordinator.
The Decision-maker will not have had any previous involvement with the investigation. The Title IX Coordinator or designee may elect to have an alternate from the Pool sit in throughout the hearing process in the event that a substitute is needed for any reason, at any point during the hearing process.
Individuals who have served as Investigators will be witnesses in the hearing and therefore may not serve as the Decision-maker. Those who are serving as Advisors for any party may not serve as a Decision-maker in that matter.
The Title IX Coordinator or designee may not serve as a Decision-maker or Chair in the matter but may provide administrative facilitation of the hearing, if their previous role(s) in the matter do not create a conflict of interest. The hearing will convene at a time determined by the Chair or designee.
Any evidence that the Decision-maker determines is relevant and credible may be considered. The hearing does not consider: 1) incidents not directly related to the alleged Prohibited Conduct, unless they evidence a pattern or practice; 2) questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, unless (a) such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or (b) the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
Previous disciplinary action of any kind involving the Respondent may be considered in determining an appropriate sanction upon a determination of responsibility, assuming the University uses a progressive discipline system. This information is only considered at the sanction stage of the process and is not shared until then.
After post-hearing deliberation, the Decision-maker will render a determination based on the preponderance of the evidence; whether it is more likely than not that the Respondent violated the Policy as alleged. A preponderance of the evidence means that a party has shown that its version of the facts is more likely to be true than not. The preponderance of the evidence standard is satisfied if there is a greater than fifty (50) percent chance that the proposition is true.
Not less than ten (10) business days prior to the hearing, the Title IX Coordinator will send notice of the hearing to the parties. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered. The notice of hearing may contain:
● A list of all policies allegedly violated, a description of the applicable procedures, and a statement of the potential sanctions/responsive actions that could result.
● The time, date, and location of the hearing.
● Information about the option for the live hearing to occur with the parties located in separate rooms using technology that enables the Decision-maker and parties to see and hear a party or witness answering questions. Such a request to utilize this option must be raised with the Title IX Coordinator at least five (5) business days prior to the start of the hearing.
● A list of all those who will attend the hearing, along with an invitation to object to any Decision-maker on the basis of demonstrated bias. This must be raised with the Title IX Coordinator at least two (2) business days prior to the hearing.
● Information on how the hearing will be recorded and on access to the recording of the hearing for the parties after the hearing has been completed.
● A statement that if a party or witness does not appear at the scheduled hearing, the hearing may be held in their absence, and the party’s or witness’s testimony and any statements given prior to the hearing will not be considered by the Decision-maker. For compelling reasons, the Chair may reschedule the hearing.
● Notification that the parties may have the assistance of an Advisor of their choosing at the hearing and will be required to have one present for any questions they may desire to ask. The party must notify the Title IX Coordinator if they do not have an Advisor, and the University will appoint one. Each party must have an Advisor present for any questions they may desire to ask. There are no exceptions.
● A copy of all the materials provided to the Decision-maker about the matter, unless a copy has been provided already.[10]
● An invitation to contact the Title IX Coordinator to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, at least seven (7) business days prior to the hearing.
Hearings for alleged Prohibited Conduct that occurs near or after the end of an academic term (assuming the Respondent is still subject to this Policy) and is unable to be resolved prior to the end of term will typically be held immediately after the end of the term or during the summer, as needed, to meet the resolution timeline followed by the University and remain within the 90 business day goal for resolution. In these cases, if the Respondent is a graduating student, a hold may be placed on graduation and/or official transcripts until the matter is fully resolved (including any appeal). A student facing charges under this Policy is not in good standing to graduate.
If a party or parties prefer not to attend, or cannot attend, the hearing in person, the party may request alternative hearing arrangements from the Title IX Coordinator or the Chair at least five (5) business days prior to the hearing.
The Title IX Coordinator or the Chair can arrange to use technology to allow remote testimony without compromising the fairness of the hearing. Remote options may also be needed for witnesses who cannot appear in person. Any witness who cannot attend in person should advise the Title IX Coordinator or the Chair at least five (5) business days prior to the hearing so that appropriate arrangements can be made.
The Chair, after any necessary consultation with the parties, Investigator, and/or Title IX Coordinator, will provide the names of persons who will be participating in the hearing, all pertinent documentary evidence, and the final investigation report to the parties at least ten (10) business days prior to the hearing.
Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator (or have proffered a written statement or answered written questions), unless all parties and the Chair assent to the witness’s participation in the hearing. The same holds for any evidence that is first offered at the hearing. If the parties and Chair do not assent to the admission of evidence newly offered at the hearing, the Chair may delay the hearing and instruct that the investigation needs to be re-opened to consider that evidence.
The parties will be given a list of the names of the Decision-maker at least five (5) business days in advance of the hearing. All objections to any Decision-maker must be raised in writing, detailing the rationale for the objection, and must be submitted to the Title IX Coordinator as soon as possible and no later than one (1) day prior to the hearing. Decision-makers will only be removed if the Title IX Coordinator concludes that their bias or conflict of interest precludes an impartial hearing of the allegation(s).
The Title IX Coordinator or designee will give the Decision-maker a list of the names of all parties, witnesses, and Advisors at least five (5) business days in advance of the hearing. Any Decision-maker who cannot make an objective determination must recuse themselves from the proceedings when notified of the identity of the parties, witnesses, and Advisors in advance of the hearing. If a Decision-maker is unsure of whether a bias or conflict of interest exists, they must raise the concern to the Title IX Coordinator as soon as possible.
During the ten (10) business day period prior to the hearing, the parties have the opportunity for continued review and comment on the final investigation report and available evidence. That review and comment can be shared with the Chair at the pre-hearing meeting or at the hearing and will be exchanged between each party by the Chair.
The Chair may convene a pre-hearing meeting(s) with the parties and/or their Advisors to invite them to submit the questions or topics they (the parties and/or their Advisors) wish to ask or discuss at the hearing, so that the Chair can rule on their relevance ahead of time to avoid any improper evidentiary introduction in the hearing or provide recommendations for more appropriate phrasing. However, this advance review opportunity does not preclude the Advisors from asking a question for the first time at the hearing or from asking for a reconsideration based on any new information or testimony offered at the hearing. The Chair must document and share with each party their rationale for any exclusion or inclusion at a pre-hearing meeting.
The Chair, only with full agreement of the parties, may decide in advance of the hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the Investigator in the investigation report or during the hearing.
At a pre-hearing meeting with a party and their Advisor, the Chair will consider arguments that evidence identified in the final investigation report as relevant is, in fact, not relevant. Similarly, evidence identified as directly related but not relevant by the Investigator may be argued to be relevant.
The Chair may rule on these relevancy and evidentiary arguments pre-hearing and will exchange those rulings between the parties prior to the hearing to assist in preparation for the hearing. The Chair may consult with legal counsel and/or the Title IX Coordinator or ask either or both to attend pre-hearing meetings. The pre-hearing meeting(s) will not be recorded.
At the hearing, the Decision-maker has the authority to hear and make determinations on all allegations of sexual harassment and/or retaliation and may also hear and make determinations on any additional alleged policy violations that have occurred in concert with the sexual harassment and/or retaliation, even though those collateral allegations may not specifically fall within the Policy.
Participants at the hearing will include the Chair, any additional Decision-maker, if a panel is used, the hearing facilitator, the Investigator who conducted the investigation, the parties (or three (3) organizational representatives when an organization is the Respondent), Advisors to the parties, any approved witnesses, the Title IX Coordinator, and anyone providing authorized accommodations or assistive services.
The Chair will respond to questions of hearing procedure raised by the parties or their Advisors. Anyone appearing at the hearing to provide information will respond to questions on their own behalf. The Chair will allow approved witnesses who have relevant information to appear at a portion of the hearing in order to respond to specific questions from the Decision-maker and the parties and will then be excused.
In hearings involving more than one Respondent or in which two (2) or more Complainants have accused the same Respondent of substantially similar conduct, the default procedure will be to hear the allegations jointly.
However, the Title IX Coordinator may permit the investigation and/or hearings pertinent to each Respondent to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent with respect to each alleged policy violation.
The Chair is responsible for explaining the hearing procedures and introducing the participants, according to the hearing script. This may include a final opportunity for challenge or recusal of the Decision-maker on the basis of bias or conflict of interest. The Chair will then rule on any such challenge unless the Chair is the individual who is the subject of the challenge, in which case the Title IX Coordinator or designee will review and decide the challenge.
At the hearing, recording, witness logistics, party logistics, curation of documents, separation of the parties, and other administrative elements of the hearing process may be managed by a non-voting hearing facilitator appointed by the Title IX Coordinator. The hearing facilitator may attend to: logistics of rooms for various parties/witnesses as they wait; flow of parties/witnesses in and out of the hearing space; ensuring recording and/or virtual conferencing technology is working as intended; copying and distributing materials to participants, as appropriate, etc.
The Investigator will then present a summary of the final investigation report, including items that are contested and those that are not, and will be subject to questioning by the Decision-maker and the parties (through their Advisors). The Investigator will be present during the entire hearing process, but not during deliberations.
Neither the parties nor the Decision-maker are permitted to ask the Investigator for their opinions on credibility, recommended findings, or determinations, and the Investigator, Advisors, and parties will refrain from discussion of, or questions about, these assessments. If such information is introduced, the Chair will direct that it be disregarded.
Once the Investigator has presented their report and has been questioned, the parties and witnesses may provide relevant information in turn, beginning with the Complainant, and then in the order determined by the Chair. The parties/witnesses will submit to questioning by the Decision-maker and then by the parties through their Advisors (“cross-examination”).
All questions are subject to a relevance determination by the Chair. The Advisor, who will remain seated during questioning, will pose the proposed question orally, electronically, or in writing (orally is the default, but other means of submission may be permitted by the Chair upon request if agreed to by all parties and the Chair), the proceeding will pause to allow the Chair to consider the question for relevancy(and state it if it has not been stated aloud), and the Chair will determine whether the question will be permitted, disallowed, or rephrased.
The Chair may invite explanations or persuasive statements regarding relevance with the Advisors, in the sole discretion of the Chair. The Chair will then state their relevancy determination for the record and advise the party/witness to whom the question was directed, accordingly. The Chair will explain any decision to exclude a question as not relevant, or to reframe it for relevance.
The Chair will limit or disallow questions that the Chair determines are irrelevant, unduly repetitious (and thus irrelevant), or abusive. The Chair has the final decision on all questions and determinations of relevance. The Chair may consult with legal counsel on any questions of admissibility or relevancy. The
Chair may ask Advisors to frame why a question is or is not relevant from their perspective but will not entertain arguments from the Advisors on relevance once the Chair has ruled on a question.
If the parties raise an issue of bias or conflict of interest of an Investigator or Decision-maker at the hearing, the Chair may elect to address those issues, consult with legal counsel, and/or refer them to the Title IX Coordinator, and/or preserve them for appeal. If bias is not in issue at the hearing, the Chair should not permit irrelevant questions that probe for bias.
Hearing proceedings (but not deliberations) are recorded by the University for purposes of review in the event of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted. The Decision-maker, the parties, their Advisors, and appropriate administrators of the University will be permitted to listen to the recording in a controlled environment determined by the Title IX Coordinator. No person will be given or be allowed to make a copy of the hearing recording without permission of the Title IX Coordinator.
The Decision-maker will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the policy violation(s) alleged. If a Decision-maker panel is used, a simple majority vote is required to determine the finding. The preponderance of the evidence standard of proof is used. The hearing facilitator may be invited to attend the deliberation by the Chair, but is there only to facilitate procedurally, not to address the substance of the allegations.
The Chair will then prepare a written deliberation statement of the Decision-maker and deliver it to the Title IX Coordinator, detailing the determination, rationale, the evidence used in support of its determination, the evidence not relied upon in its determination, credibility assessments, and any recommended sanctions.
This report is typically three (3) to five (5) pages in length and must be submitted to the Title IX Coordinator within three (3) business days of the end of deliberations, unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the parties.
Using the deliberation statement, the Title IX Coordinator or designee will work with the Chair to prepare a Notice of Outcome. The Title IX Coordinator or designee will then share the Notice of Outcome within five (5) business days of receiving the Decision-makers’ deliberation statement. The Notice of Outcome will be shared with the parties simultaneously. Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official university records, or emailed to the parties’ university-issued email or otherwise approved account. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.
The Notice of Outcome will articulate the specific policy(ies) alleged to have been violated, including the relevant policy section, and may contain a description of the procedural steps taken by the University from the receipt of the misconduct report to the deliberative determination, including any and all notifications to the parties, interviews with parties and witnesses, site visits, methods used to obtain evidence, and hearings held.
The Notice of Outcome will specify the determination on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issue; a statement of, and rationale for, the result of each allegation to the extent the University is permitted to share such information under state or federal law; any sanctions issued which the University is permitted to share according to state or federal law; and any remedies provided to the Complainant designed to ensure access to the University’s educational or employment program or activity, to the extent the University is permitted to share such information under state or federal law.
The Notice of Outcome will also include information on when the results are considered by the University to be final, any changes that occur prior to finalization, and the relevant procedures and bases for any available appeal options.
Factors considered when determining a sanction/responsive action may include, but are not limited to:
● The nature, severity of, and circumstances surrounding the violation(s)
● The Respondent’s disciplinary history
● Previous allegations or allegations involving similar conduct
● The need for sanctions/responsive actions to bring an end to the sexual harassment and/or retaliation
● The need for sanctions/responsive actions to prevent the future recurrence of sexual harassment and/or retaliation
● The need to remedy the effects of the sexual harassment and/or retaliation on the Complainant and the community
● The impact on the parties
● Any other information deemed relevant by the Decision-maker
If the Respondent is a student, then the range of sanctions may include, but is not limited to, sanctions contained in Section 7 (Conduct Procedures) Subsection K (Conduct Sanctions) of the Marymount University Student Community Conduct Code. Student sanctions may include, but are not limited to: Status Sanctions (Warning, Final Warning, Disciplinary Probation, Suspension, Expulsion), Educational and Restorative Sanctions (Education Program, Community/University Service Requirements, Behavioral Requirement, Research Projects, Restitution), and Restrictive Sanctions (Fines, Banning/Trespass,
Eligibility Restriction, Loss of Privileges, Confiscation of Prohibited Property) and University Housing
Sanctions (Restriction of Visitation Privileges, University Housing Reassignment, University Housing Probation, Loss of University Housing), and Other Sanctions. If the Respondent is a
employee, then the range of sanctions may include, but are not limited to those referenced in the University’s Progressive Discipline Policy and/or Faculty Handbook. Employee sanctions may include but are not limited to: a warning, reprimand, temporary suspension without pay, or termination from employment. In cases where the Respondent is both a student and employee or is both a faculty member and staff member, then the range of sanctions can be a combination of sanctions based on the Respondent’s multiple statuses.
The sanctions will be implemented under the direction of the Title IX Coordinator or designee as soon as is feasible, either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested. The sanctions described in this policy are not exclusive of, and may be in addition to, other actions taken or sanctions imposed by the University or external authorities.
All Respondents are required to comply with the assigned sanctions, responsive actions, and/or corrective actions within the timeframe specified by the final Decision-maker (including the Appeal Chair/Panel). Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from the University and may be noted on a student’s official transcript. An assigned sanction involving a suspension from the University will only be lifted when compliance with the Notice of Outcome is achieved to the satisfaction of the Title IX Coordinator.
If a student has an allegation pending for violation of the Policy, the University may place a hold on the student’s ability to graduate and/or to receive an official transcript/diploma and may be noted on the student’s official transcript.
Should a student decide to not participate in the resolution process set forth in this policy, the process may proceed absent their participation to a final resolution. Should a student Respondent permanently withdraw from the University, the resolution process may end, as the University may no longer have disciplinary jurisdiction over the withdrawn student.
However, the University will continue to address and remedy any systemic issues, variables that may have contributed to the alleged violation(s), and any ongoing effects of the alleged sexual harassment and/or retaliation. A student who withdraws or leaves the University while the process set forth in this policy is pending may not return to the University while the case is unresolved. Such exclusion applies to all campuses of the University. A hold will be placed on their ability to be readmitted. They may also be barred from University property and/or events.
If the student Respondent only temporarily withdraws or takes a leave for a specified period of time (e.g., one semester or term), the resolution process may continue remotely and that student is not permitted to return to the University unless and until all sanctions have been satisfied.
Should an employee Respondent resign with unresolved alleged policy violations pending, the resolution process will end, as the University no longer has disciplinary jurisdiction over the resigned employee.
However, the University will continue to address and remedy any systemic issues, variables that contributed to the alleged violation(s), and any ongoing effects of the alleged harassment or retaliation.
The employee who resigns with unresolved allegations pending is not eligible for rehire with the University or any campus of the University, and the records retained by the Title IX Coordinator will reflect that status.
All University responses to future inquiries regarding employment references for that individual will include that the former employee resigned during a pending disciplinary matter.
The Respondent may accept responsibility for all or part of the alleged policy violations at any point during the resolution process. If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused, and the Title IX Coordinator will determine whether informal resolution, if applicable, can be used according to the criteria above.
Any party may file a request for appeal (“Request for Appeal”), which must be submitted in writing to the Title IX Coordinator within three (3) business days of the delivery of the Notice of Outcome. The Request for Appeal will be forwarded to the Appeal Chair for consideration to determine if the request meets the grounds for appeal (a Review for Standing). This review is not a review of the merits of the determination of responsibility, but is limited solely to a determination as to whether the request satisfies one or more of the grounds for appeal and has been timely filed. No appeal panelists will have been involved in the process previously, including any dismissal appeal that may have been heard earlier in the process.
Appeals are limited to the following grounds:
1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and/or
3. The Title IX Coordinator, Investigators, or Decision-makers had a conflict of interest or was biased for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter.
If any of the grounds in the Request for Appeal do not meet the grounds in this Policy, that request will be denied by the Appeal Chair and the parties and their Advisors will be notified in writing of the denial and the rationale.
If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Appeal Chair will notify the other party(ies) and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator and/or the original Decision-maker.
The other party(ies) and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator and/or the original Decision-maker will be mailed, emailed, and/or provided a hard copy of the request with the approved grounds and then be given three (3) business days to submit a response to the portion of the appeal that was approved and involves them. All responses will be forwarded by the Appeal Chair to all parties for review and comment.
The non-appealing party (if any) may also choose to raise a new ground for appeal at this time. If so, that will be reviewed to determine if it meets the grounds in this Policy by the Appeal Chair and either denied or approved. If approved, it will be forwarded to the party who initially requested an appeal, the Investigator and/or original Decision-maker, as necessary, who will submit their responses in three (3) business days, which will be circulated for review and comment by all parties.
Neither party may submit any new requests for appeal after this time period. The Appeal Chair will collect any additional information needed and all documentation regarding the approved grounds and the subsequent responses will be shared with the Appeal Panel/Chair and the Chair/Panel will render a decision in no more than three (3) business days, barring exigent circumstances.
A Notice of Appeal Outcome will be sent to all parties simultaneously including the decision on each approved ground and rationale for each decision. The Notice of Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanctions that may result which the University is permitted to share according to state or federal law, and the rationale supporting the essential findings to the extent the University is permitted to share under state or federal law.
Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official institutional records, or emailed to the parties’ university-issued email or otherwise approved account. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.
Any sanctions imposed in the Notice of Outcome are stayed during the appeal process. Supportive measures may be reinstated, subject to the same supportive measure procedures above. If any of the sanctions are to be implemented immediately upon issuance of the Notice of Outcome, but pre-appeal, then emergency removal procedures (detailed above) for a hearing on the justification for doing so must be permitted within 48 hours of implementation. The University may still place holds on official transcripts, diplomas, graduations, and course registration pending the outcome of an appeal when the sanctions in the Notice of Outcome include separation.
● Decisions on appeal are to be deferential to the original decision, making changes to the finding(s) only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so.
● Appeals are not intended to provide for a full re-hearing (de novo) of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the specific grounds for appeal.
● An appeal is not an opportunity for Appeal Decision-makers to substitute their judgment for that of the original Decision-maker merely because they disagree with the finding(s) and/or sanction(s).
● The Appeal Chair/Decision-maker may consult with the Title IX Coordinator on questions of procedure or rationale, for clarification, if needed. Documentation of all such consultation will be maintained.
● Appeals granted based on new evidence should normally be remanded to the original Investigator and/or Decision-maker for reconsideration. Other appeals may be remanded at the discretion of the Title IX Coordinator or, in limited circumstances, decided on appeal.
● Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new hearing).
● In rare cases where a procedural [or substantive] error cannot be cured by the original Decision-maker (as in cases of bias), the appeal may order a new hearing with a new Decision-maker.
● The results of a remand to the Decision-maker cannot be appealed.
● In cases in which the appeal results in reinstatement to the University or resumption of
privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term.
The University will maintain for a period of at least seven (7) years records of:
1. Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation;
2. Any disciplinary sanctions imposed on the Respondent;
3. Any remedies provided to the Complainant designed to restore or preserve equal access to the University’s education program or activity;
4. Any appeal and the result therefrom;
5. Any informal resolution and the result therefrom;
6. All materials used to train Title IX Coordinators, Investigators, Decision-makers, and any person who facilitates an informal resolution process. The University will make these training materials publicly available on the University’s website.
7. Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, including:
a. The basis for all conclusions that the response was not deliberately indifferent;
b. Any measures designed to restore or preserve equal access to the University’s education program or activity; and
c. If no supportive measures were provided to the Complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.
The University will also maintain any and all records in accordance with the requirements of state and federal laws.
This portion of the Policy (Process “B”) establishes the formal grievance process for reporting, investigating, and resolving incidents of Prohibited Conduct as defined in the Section: Prohibited Conduct Outside the Jurisdiction of Title IX sexual harassment (including sexual harassment, sexual assault, dating violence, domestic violence, and stalking, as defined above)
The Title IX Coordinator has the sole discretion and authority to determine whether a complaint of Prohibited Conduct falls within the jurisdiction of Title IX and Resolution Process “A” set forth above. If a complaint does not fall within Title IX jurisdiction, the Title IX Coordinator will dismiss the complaint and may choose to refer the complaint to either (i) the Office of Student Conduct and Conflict Resolution if the complaint is against a student; or (ii) the Office of Human Resources if the complaint is against an employee.
The Office of Student Conduct and Conflict Resolution or the Office of Human Resources will investigate the complaint pursuant to the applicable procedures outlined in Process B.
Under Process B, the Complainant and the Respondent may be advised and accompanied by advisors of their choice during any meeting related to the complaint. The role of an advisor is limited to consultation. While the advisor may accompany the party to meetings, the advisor may not speak on behalf of the party, communicate in any way, either orally or in writing, with the University, or contact the University on behalf of the party.
Under Process B, a party may request a disability-related reasonable accommodation to participate in the complaint process. A request for a reasonable accommodation will be referred to and reviewed by the appropriate University office that handles accommodation requests and evaluated pursuant to the applicable office’s reasonable accommodation procedures. Generally, a party should make a request promptly and in advance of when the accommodation is needed to allow a reasonable amount of time to review the request. However, a response to an immediate need for accommodation will be considered to the fullest extent possible.
The informal resolution process for a complaint of Prohibited Conduct under the jurisdiction of the Office of Student Conduct and Conflict Resolution is identical to that offered through the Title IX Office.
Keep in mind, however, that while these informal procedures are the same as those offered for Prohibited Conduct that, as alleged, may violate Title IX, these procedures are not Title IX Procedures and will not be referred to as a Title IX complaint, procedure, violation, or resolution.
The informal resolution process may proceed in one of three ways:
● The Office of Student Conduct and Conflict Resolution can resolve the matter informally by providing supportive measures (only) to remedy the situation;
● The parties can agree to resolve the matter through an alternate resolution mechanism, including mediation, restorative practices, etc.; or
● The Respondent can accept responsibility for violating policy, and desire to accept sanctions and end the resolution process.
No information that is exchanged during an informal resolution process through the Office of Student Conduct and Conflict Resolution may be used in future formal resolution process of a Title IX complaint of Prohibited Conduct. For example, an acceptance of responsibility by a Respondent in an informal resolution process cannot then be used as any kind of evidence in a future formal Title IX complaint of Prohibited Conduct proceeding against the Respondent.
The sanctions offered through the informal resolution processes will vary depending on how the process looks. As stated, there may be no sanctions if the matter is resolved solely through the use of supportive measures provided to the Complainant. If an alternate resolution mechanism is used or the Respondent accepts responsibility, there is a wide variety of sanctions/actions that could be imposed as a result. These sanctions/actions range from a formal apology, to imposed volunteer service, to required intervention measures and are at the discretion of the Office of Student Conduct and Conflict Resolution with the direction and collaboration of the parties. The final outcome, including decision and sanctions/actions, of an informal resolution process is not appealable by either party.
The University recognizes that a resolution that requires personal interaction between parties may disincentivize claims. For that reason, the University has structured the Formal Process B Resolution to be offered in a way that claims can come to a meaningful conclusion, without interaction between the parties.
After receiving the complaint from the Title IX Coordinator or directly from the Complainant, the Office of Student Conduct and Conflict Resolution will designate a Case Manager for the complaint who will be in charge of conducting the investigation. The Case Manager will reach out to the Complainant to get a full report on the incident and verify a desire to continue with the formal resolution process. After speaking with the Complainant, the Case Manager will then reach out to all individuals involved (parties and witnesses) to get statements from them. Both parties will have a full and equal opportunity to present the facts. All witnesses must have observed the incident or have information relevant to it in order to give a statement. Witnesses are not permitted to participate solely to speak about an individual’s character or to speak solely from a perspective of personal opinion. Witnesses are expected to cooperate with the Case Manager. A witness who fails to appear for a scheduled interview, knowingly provides false information, and/or otherwise refuses to cooperate, may become the subject of separate disciplinary action by the Office of Student Conduct and Conflict Resolution. The Case Manager is a neutral factfinder who will approach every investigation with a presumption that the Respondent is not responsible; a presumption that can only be overcome by sufficient evidence to the contrary.
Once statements from the parties and witnesses have been received, the Case Manager will compile a report of the investigation that summarizes the information gathered and synthesizes the areas of agreement and disagreement between the parties. The Case Manager has the discretion to redact information found to be irrelevant, more prejudicial than probative, or immaterial to a determination of responsibility. This initial investigation report will not include any investigative findings. Before being finalized, the Complainant and Respondent will both have the opportunity to review their own statement and, as permitted by FERPA, a summary of other information collected during the investigations, including statements of the other party(ies) and witnesses. At this time, either party may submit any additional comment or evidence to the Case Manager within three (3) business days of receipt of the draft investigation report.
After any additional comments or evidence are submitted, or after the three (3) day period has passed without comment or evidence, the Case Manager will make a written finding as to whether there is sufficient evidence to suggest that a Student Community Conduct Code violation may have occurred by a preponderance of the evidence and include the written finding in the final investigation report. A preponderance of the evidence means that a party has shown that its version of the facts is more likely to be true than not. The preponderance of the evidence standard is satisfied if there is a greater than fifty (50) percent chance that the proposition is true.
The final investigation report, including the official finding of responsibility or nonresponsibility, will be simultaneously submitted to the Complainant and Respondent.
If the Case Manager finds responsibility, by a preponderance of evidence, for a violation of the Student Community Conduct Code, the matter will be referred to an individual, previously uninvolved in the investigation or decision making, designated as the Adjudicator.
The Adjudicator’s role is to administer sanctions/actions against the Respondent. The Adjudicator will have access to all relevant information that was available to the Case Manager and will have the opportunity to speak with the parties and witnesses as deemed necessary to render a decision. The Adjudicator will typically render their decision within 7 (seven) business days of being appointed to the adjudication. All parties will be appropriately notified, if that timeline needs to be extended.
Within three (3) business days of receipt of the Adjudicator’s final decision, the Complainant and Respondent each will have the opportunity to appeal. The Title IX Coordinator will designate an individual previously uninvolved in the investigation or decision-making to serve as the Appellate Officer. A party wishing to appeal the Adjudicator’s final decision will submit the appeal in writing to the Appellate Officer, designating all the aspects of the Adjudicator’s final decision they wish to appeal. The appeal is not an opportunity to submit new statements or evidence and is restricted to an on-paper review of the Adjudicator’s final decision. Once the Appellate Officer has reviewed all of the information submitted by the parties on appeal within the relevant timeframe, and the Adjudicator’s decision and rationale, paying close attention to the appellee’s specified areas in the request for appeal, the Appellate Officer will deliver, in writing, a decision to both parties. The Appellate Officer’s decision will encompass both responsibility and sanctions/actions imposed. The Appellate Officer will typically submit their decision within seven (7) business days of receiving the request for appeal. All parties will be reasonably notified, if that timeline needs to be extended. The decision of the Appellate Officer is final and is not subject to further appeal by either party, even if the original decision is reversed on appeal.
The University encourages, but does not require, informal resolution when possible. The goal of informal resolution is to resolve concerns at the earliest stage possible, with the cooperation of all parties involved. Informal resolution may include inquiry into the facts, but typically does not include a formal investigation. These informal efforts may include: addressing the Respondent directly; participating in a facilitated meeting with the appropriate University official(s); or participating in mediation.
The Associate Vice President Human Resources or designee may elect to bypass the informal procedures because of the severity of the allegation or complexity of the complaint. Informal resolution is not permitted for any allegations of Sexual Assault, Dating Violence, Domestic Violence, or Stalking. If the matter is resolved informally, the Office of Human Resources shall maintain a record of the complaint and its resolution.
If informal resolution is unsuccessful or not appropriate as determined by the Associate Vice President Human Resources or designee, the Associate Vice President Human Resources or designee will designate an Investigator for the complaint who will be in charge of conducting an investigation. The Investigator will reach out to the Complainant to get a full report on the incident and verify a desire to continue with the formal resolution process. After speaking with the Complainant, the Investigator will then reach out to all individuals involved (parties and witnesses) to get statements from them. Both parties will have a full and equal opportunity to present the facts. All witnesses must have observed the incident or have information relevant to it in order to give a statement. Witnesses are not permitted to participate solely to speak about an individual’s character or to speak solely from a perspective of personal opinion. Witnesses are expected to cooperate with the Investigator. The Investigator is a neutral factfinder who will approach every investigation with a presumption that the Respondent is not responsible; a presumption that can only be overcome by sufficient evidence to the contrary.
Once statements from the parties and witnesses have been received, the Investigator will compile a report of the investigation that summarizes the information gathered and synthesizes the areas of agreement and disagreement between the parties. The Investigator has the discretion to redact information found to be irrelevant, more prejudicial than probative, or immaterial to a determination of responsibility. This initial investigation report will not include any investigative findings. Before being finalized, the Complainant and the Respondent will both have the opportunity to review their own statement and, as permitted by FERPA, a summary of other information collected during the investigations, including statements of the other party(ies) and witnesses. At this time, either party may submit any additional comment or evidence to the Investigator within three (3) business days of receipt of the draft investigation report.
After any additional comments or evidence are submitted, or after the three-day period has passed without comment or evidence, the Investigator will make a written finding as to whether there is sufficient evidence to suggest that a violation of the Policy may have occurred by a preponderance of the evidence and include the written finding in the final investigation report. A preponderance of the evidence means that a party has shown that its version of the facts is more likely to be true than not. The preponderance of the evidence standard is satisfied if there is a greater than fifty (50) percent chance that the proposition is true.
If the Investigator finds responsibility, by a preponderance of evidence, for a violation of the Policy, the matter will be referred to either the Associate Vice President Human Resources or designee if Respondent is a staff member or the Provost or designee if the Respondent is a faculty member for the determination of appropriate sanctions. The applicable university administrator will have access to all relevant information that was available to the Investigator and will have the opportunity to speak with the parties and witnesses as deemed necessary to render a decision. Sanctions for staff and faculty members who have been found responsible for violations of the Policy will be determined in accordance with Marymount University Employee Policies and/or Faculty Handbook. The applicable university administrator will typically render their decision within 7 (seven) business days of being appointed to the adjudication. All parties will be appropriately notified, if that timeline needs to be extended.
Appeals for Respondents who are faculty are governed by the Faculty Handbook and appeals for
Respondents who are staff are governed by the Marymount University Employee Policies and Procedures. You may view the Procedures Regarding Complaints Against Employees Related to Prohibited Conduct Outside of Title IX here.
It is the policy of the National Science Foundation (NSF) that all personnel supported by NSF awards must comport themselves in a responsible and accountable manner during the award performance period to help ensure all NSF-funded research and learning environments are free from harassment. The NSF will not tolerate sexual harassment, other forms of harassment, or sexual assault within the agency, at awardee institutions, field sites, facilities, conferences, workshops, online or anywhere NSF-funded science or education is conducted. See https://www.nsf.gov/pubs/policydocs/pappg19_1/pappg_11.jsp#XIA1g.
Marymount University is committed to creating and maintaining an overall educational, working, and living environment free from discrimination and harassment, including sexual harassment and sexual assault, and retaliation, as described in this Sexual and Interpersonal Misconduct Policy. Furthermore, in accordance with NSF Policy, the University investigates alleged violations of this Policy, and facilitates any required notifications to NSF, including but not limited to the disclosure to the NSF of any findings of sexual harassment pertaining to any Principal Investigator (PI) or co-Principal Investigator (Co-PI) alleged violations of awardee policies or codes of conduct, statutes, regulations, or executive orders relating to sexual harassment, other forms of harassment, or sexual assault. Consistent with any applicable university policy or law, privacy is maintained to the greatest extent possible in any disclosure.
All PIs and Co-PIs submitting a proposal to the National Science Foundation will be asked to sign a statement acknowledging that the University will disclose to the NSF any findings of sexual harassment pertaining to them or alleged violations of awardee policies or codes of conduct, statutes, regulations, or executive orders relating to sexual harassment, other forms of harassment, or sexual assault.
When a grant is approved by the NSF, the Vice President of Research will forward the names of PIs and Co-PIs to the Title IX Coordinator for vetting. In addition, if a PI or Co-PI is placed on administrative leave, or if the University has imposed any administrative action on the PI or any Co-PI relating to any finding/determination or an investigation of an alleged violation of awardee policies or codes of conduct, statutes, regulations, or executive orders relating to sexual harassment, other forms of harassment, or sexual assault, the Title IX Coordinator will disclose the name(s) to the Vice President of Research.
This Policy and procedures supersede any previous policy(ies) addressing harassment, sexual misconduct, and/or retaliation under Title IX, the Student Community Conduct Code, and other university policies and will be reviewed and may be updated annually by the Title IX Coordinator. The University reserves the right to make changes to these policies and procedures as may be necessary, in the sole discretion of the University, and once those changes are posted online, they are in effect.
During the investigation and resolution processes, the Title IX Coordinator reserves the right to make minor modifications to procedures that do not materially jeopardize the fairness owed to all parties, e.g. to accommodate summer schedules. The Title IX Coordinator may also revise procedures materially with notice (on the University’s website, with the appropriate effective date identified) upon determining that changes to the law or regulations or changes in interpretation of the law or regulations, require such policy or procedural revisions.
This document does not create legally enforceable protections beyond the protection of the background state and federal laws which frame such policies and codes, generally. This policy becomes effective August 18, 2023.
● Advisor means a person chosen by a party or appointed by the University to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any. Marymount reserves the right to contract Advisors.
● Complainant means an individual who is alleged to have been the subject of conduct that could constitute Prohibited Conduct under the terms of this Policy; or retaliation for engaging in a protected activity under the terms of this Policy.
● Complaint (formal) means a document filed/signed by a Complainant or signed by the Title IX Coordinator alleging Prohibited Conduct or retaliation for engaging in a protected activity against a Respondent and requesting that the University investigate the allegation.
● Confidential Resource means an employee who does not have a duty to report under this Policy.
● Day means a business day Marymount University is in normal operation.
● Education program or activity means locations, events, or circumstances where Marymount University exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by a student organization that is officially recognized by Marymount University.
● Final Determination: A conclusion by preponderance of evidence that the alleged conduct occurred and whether it did or did not violate policy.
● Finding means conclusion by preponderance of evidence that the conduct did or did not occur as alleged.
● Formal Grievance Process means “Process A,” a method of formal resolution designated by the University to address conduct that falls within the policies included below, and which complies with the requirements of 34 CFR Part 106.45.
● Hearing Decision-maker or Panel refers to those who have decision-making and sanctioning authority within the University’s Formal Grievance Process. Marymount reserves the right to contract Hearing Decision-makers.
● Investigator means the person or persons charged by a member of the Marymount Title IX team with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence. Marymount reserves the right to contract investigators.
● Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.
● Official with Authority (OWA) means an employee of Marymount University explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of the University.
● Parties include the Complainant(s) and Respondent(s), collectively.
● Preponderance of the evidence means that a party has shown that its version of the facts is more likely to be true than not. The preponderance of the evidence standard is satisfied if there is a greater than fifty (50) percent chance that the proposition is true.
● Process A means the Formal Grievance Process detailed below and defined above.
● Process B means any process designated by the University to apply only when Process A does not, as determined by the Title IX Coordinator.
University means a postsecondary education program that is a University of federal funding. In this policy, University is used to reference Marymount University.
● Remedies are post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the University’s educational program.
● Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct under the terms of this Policy; or retaliation for engaging in a protected activity.
● Resolution means the result of an informal or Formal Grievance Process.
● Sanction means a consequence imposed by the University on a Respondent who is found to have violated this policy.
● Title IX Coordinator is at least one official designated by Marymount University to ensure compliance with Title IX and the University’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.
● Title IX Team refers to the Title IX Coordinator, any deputy coordinators, and any member of the Grievance Process Pool. Marymount reserves the right to contract members of the Title IX team.
ATIXA 2020 INTERIM MODEL SEXUAL HARASSMENT POLICIES AND PROCEDURES
USE AND ADAPTATION OF THIS MODEL WITH CITATION TO ATIXA IS PERMITTED THROUGH A LIMITED LICENSE TO MARYMOUNT UNIVERSITY ALL OTHER RIGHTS RESERVED. ©2020. ATIXA
[1] Implicitly or explicitly.
[2] Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is younger than the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.
[3] Per state law. The age of consent in Virginia is 18.
[4] Anywhere this procedure indicates “Title IX Coordinator,” The University may substitute a trained designee.
[5] If circumstances require, the President or Title IX Coordinator will designate another person to oversee the process below should an allegation be made about the Title IX Coordinator or the Title IX Coordinator be otherwise unavailable or unable to fulfill their duties.
[6] These dismissal requirements are mandated by the 2020 Title IX Regulations, 34 CFR §106.45.
[7] This could include an attorney, advocate, or support person.
[8] “Available” means the party cannot insist on an Advisor who simply doesn’t have inclination, time, or availability. Also, the Advisor cannot have institutionally conflicting roles, such as being a Title IX administrator who has an active role in the matter, or a supervisor who must monitor and implement sanctions.
[9] Subject to the state law provisions or university policy above.
[10] The final investigation report may be shared using electronic means that preclude downloading, forwarding, or otherwise sharing.
MARYMOUNT UNIVERSITY ANNUAL SECURITY AND FIRE SAFETY REPORT
[1] Violence Against Women Reauthorization Act of 2013
[2] Controlled by means that the University directly or indirectly rents, leases or has some other type of written agreement for use of a building or property, or a portion of a building or property.
[3] Reasonably contiguous means a building or property owned or controlled by the University in a location that the University and its students consider to be, and treat as, part of the University campus. Generally, it is reasonable to consider locations within one mile of the campus border to be reasonably contiguous to the campus, determined on a case by case basis, taking into account the circumstances of the campus and the location. For example, a location that is within a mile of campus but separated from it by a river or six-lane highway might not be considered contiguous, unless connected by a pedestrian bridge or tunnel.
[4] Directly supports, or relates to, the University’s educational purposes relates to the function of the building or property. For example, the dorms that house University students on campus support the University’s educational purposes. In contrast, a high school that was located on a University’s campus but was not otherwise associated with that University and was not used by students of the University would not directly support or be related to that University’s educational purposes.
[5] The first part of the “non-campus” definition would apply to any building or property that is owned or controlled by a student organization, provided that the organization is officially recognized by or registered with the University.