2020-21 Student Sexual Misconduct Report

Student Sexual Misconduct Data

This report focuses on the 108 student reports filed with the Office of Civil Rights and Sexual Misconduct (OCRSM). A report is a potential complaint of sexual misconduct received by OCRSM. A complaint is when a student requests that the University address a report of sexual misconduct. This section seeks to communicate a comprehensive overview of the student data beyond just the number of reports or complaints filed with OCRSM.

OCRSM received far fewer reports during this reporting period due to the prevalence of remote learning and the ongoing impact of the COVID-19 pandemic. OCRSM continued to receive and respond to reports and complaints and offer support to the campus community. A significant number of reports during this time period pertained to off-campus or online misconduct, as opposed to reports of on-campus misconduct. 

The chart below lists the number of reports that OCRSM received and the 11 formal complaints that resulted in an investigation and adjudication during the 2021-22 reporting period.

*Accounts for investigations completed from the 2019-20 reporting period, investigations completed in 2020-21, and investigations and/or hearings still in progress at the end of the reporting period.

Types of Sexual Misconduct Reports

The chart below lists the types of sexual misconduct (also referred to as “Prohibited Conduct” under the policy) that were initially reported. Some reports encompass more than one type of sexual misconduct.

In compliance with the Title IX Final Rule, a change in definitions under Prohibited Conduct became effective on August 14, 2020. The University maintained that conduct of a sexual nature that previously constituted a violation continued to constitute prohibited conduct under the Policy.

*Relationship Violence includes reports of dating and domestic violence.
**Undisclosed Sexual Assault Type means additional details regarding a reported sexual assault are unknown and are either requested but not provided by a known complainant, or a complainant is unknown and cannot be identified for OCRSM to determine additional information.
***Other/Type Unknown may include harassment or a type of behavior of a sexual nature that is not clearly defined.

Location

The University received a higher number of reports of sexual misconduct occurring off campus than on campus, likely due to the prevalence of remote learning. Below is a chart denoting where the 108 reported incidents occurred.

*Virtual means via internet, phone, texting, social media, etc.
**Combination refers to incidents that took place both on or off campus and virtually.

Supportive Measures

Per the University of Maryland’s Policy and Procedures on Sexual Harassment and Other Sexual Misconduct, Supportive Measures are “non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent to restore or preserve equal access to educational programs or activities.” Safety measures are available regardless of whether a Formal Complaint is filed and in cases where the respondent is not a member of the campus community. Some individuals received multiple types of or ongoing supportive measures. The chart below denotes the types of Supportive Measures provided by OCRSM.

*Other includes training, access restrictions, campus workplace accommodations, safety escorts, changes in parking locations, referrals to CARE/counseling or other confidential resources, and referrals to off-campus resources.

Report Outcomes

When OCRSM receives a report, the intake coordinator reaches out to the potential complainant. The outreach email contains an invitation to meet to discuss their rights, options and resources, as well as the Policy and Procedures, information about safety and Supportive Measures, and confidential resources. During an intake meeting, the intake coordinator helps to facilitate a greater understanding of the available resources and options including Supportive Measures, Informal Resolution (if applicable) and the Formal Complaint processes. The goal of the initial assessment by the Title IX coordinator and intake meeting with the intake coordinator is to determine what immediate steps may be taken to preserve the safety of the individuals involved and/or the campus community, what appropriate Supportive Measures may be implemented, and what options are available to address the report.

If a Formal Complaint is filed, the Title IX coordinator conducts an assessment to determine whether the alleged conduct falls under the Policy and whether the University has jurisdiction over the matter. Reasons a Formal Complaint may be dismissed before an investigation is complete include the following: The complainant requested a dismissal, the complainant or respondent withdrew from the University, or the alleged conduct, if substantiated, would not constitute a Policy violation. In such cases, Supportive Measures are still available for the individuals anytime.

If the Title IX coordinator determines that the resolution process is appropriate, the matter moves to investigation, which is an impartial fact-gathering process meant to gather all relevant information related to the complaint. All parties receive notice and have an opportunity to review and respond to all information gathered during the investigation. The decision maker is an independent, external hearing officer who reviews that matter to determine the outcome.

In some cases, an Informal Resolution may serve as an alternative, non-judicial process to address the alleged Prohibited Conduct. Informal Resolution can encompass a variety of approaches agreed to by the parties, including mediation with agreed-upon remedies.

Highlighted in the chart below are the outcomes of 108 reports that OCRSM received.

*Outcome pending resolution during the 2021-22 reporting period.
**OCRSM does not have a named complainant to conduct outreach.
***Other includes incomplete informal resolution, no specific policy violation and referrals to other campus offices for resolution.

Types of Sexual Misconduct Investigated

This section of the report focuses on the outcomes of the formal complaints, as well as those for which a resolution was pending at the end of the reporting period. Some complaints encompass more than one type of sexual misconduct.

Adjudication and Sanctions

The hearing officer is the decision maker ultimately responsible for determining whether the Policy was violated. The hearing officer is also the decision maker responsible for determining any appropriate sanctions.

2020-21 Reporting Period

The chart below demonstrates findings and sanctions, where applicable, resulting from sexual misconduct investigations for the 2020-21 reporting period.

* Individuals are also made aware of their right to contact local authorities or other campus resources for assistance.
** Enlistment of expert may include the hiring or enlisting of an expert to provide specific services.

2019-20 Reporting Period

One case from the 2019-20 reporting period (July 1, 2019 to June 30, 2020) carried over to the 2020-21 reporting period. See the chart below for the outcome.

*Old terminology is used here, as the case was initiated and resolved prior to the Final Title IX Rule becoming effective.