2023-24 Sexual Harassment and Other Sexual Misconduct Report
This information is part of the 2023-24 OCRSM Annual Report.
July 1, 2023–June 30, 2024
This Annual Report focuses on the 251 reports of sex-based discrimination and harassment filed with the Office of Civil Rights and Sexual Misconduct ("OCRSM") under the University of Maryland’s Policy and Procedures on Sexual Harassment and Other Sexual Misconduct ("the Policy and Procedures") between July 1, 2023 and June 30, 2024.
The University of Maryland (“the University”) is committed to creating and maintaining a working, learning, and living environment free from sex-based discrimination and harassment. The Policy and Procedures address the University’s obligations under Title IX of the Education Amendments of 1972 (Title IX). Title IX provides that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” The University, under the Policy and Procedures, goes beyond Title IX to include in its Prohibited Conduct other forms of sexual misconduct that directly oppose the University’s core mission and values.
The Policy and Procedures applies to all members of the University community, including students, faculty, and staff. It also applies to contractors and other third parties who are engaged in any University Education Program or Activity, or who are otherwise interacting with the University, including, but not limited to, volunteers, vendors, guests, and visitors. All University members are prohibited from engaging, or assisting or abetting another’s engagement, in Sexual Harassment, Other Sexual Misconduct, or Retaliation.
This Annual Report seeks to communicate a comprehensive overview of the reports received and services provided to all parties by OCRSM in relation to sex-based discrimination and harassment.
Definitions
OCRSM uses terminology that is consistent with federal law and may not be familiar to everyone. As a result, OCRSM includes definitions of key terms to assist with reading and understanding this report. The full definitions of Prohibited Conduct are located within the Policy and Procedures.
Complainant
An individual who is alleged to have experienced Prohibited Conduct.
Respondent
An individual who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct.
Responsible University Employees (“RUEs”)
University community members who are required by the University to promptly report any information they learn about suspected or alleged Prohibited Conduct to the Title IX Coordinator.
Confidential Resources
University community members who are not required to disclose personally identifying information about an individual to the Title IX Coordinator without that individual’s permission. Speaking with a confidential resource about Prohibited Conduct will not constitute a report to the University or law enforcement.
Report
A report is when OCRSM is informed about suspected or alleged Prohibited Conduct.
Formal Complaint
A document filed by a Complainant or signed by the Title IX Coordinator (under limited circumstances) alleging Prohibited Conduct against a Respondent and requesting that the University initiate a resolution process to resolve allegations of Prohibited Conduct.
Reports and Formal Complaints Received
A report made to OCRSM alleges Prohibited Conduct committed by or against individuals affiliated with the University, under the Policy and Procedures, which prohibits conduct including sexual harassment, other sexual misconduct, and retaliation.
Reports are submitted to OCRSM through a variety of means including in person, by mail, by e-mail, or OCRSM’s online reporting form. All UMD Administrators, Supervisors, Faculty, Teaching Assistants, Athletic Coaches, Athletic Trainers, and Resident Assistants are RUEs and are, hence, required to make a report to the Title IX Coordinator when they become aware of any type of Prohibited Conduct. This reporting obligation applies regardless of when and where the conduct occurred.
Distinct from a report, a Formal Complaint is a document filed by a Complainant (the individual who is alleged to be the victim of Prohibited Conduct) or signed by the Title IX Coordinator alleging that a Respondent engaged in Prohibited Conduct and requesting that the University proceed with the resolution process under the Policy and Procedures.
OCRSM provides education and programming in collaboration with multiple campus partners, including, but not limited to, CARE to Stop Violence, the Sexual Assault Prevention Committee, the Department of Fraternity and Sorority Life, Athletics, the Title IX Student Advisory Board, Resident Life, and One Love UM. OCRSM staff also facilitate compliance training with members of the campus community. To learn more about the education and compliance training initiatives, please visit the “Live Training and Campus-Wide Awareness Events & Workshops” and the “Online Training, Outreach, and Campus Involvement” pages of the 2023-24 OCRSM Annual Report.
The graph below illustrates the reporting trends recorded by OCRSM from 2015 to 2024, measured by the number of reports received during each fiscal year, which ranges from July 1 to June 30 of the following year.
Types of Prohibited Conduct Reported to OCRSM
The table below lists the types of Prohibited Conduct that were initially reported to OCRSM. Some reports encompass more than one type of sexual misconduct.
| Types of Sexual Misconduct Reports | Total Number |
|---|---|
| Sexual Assault – Non-Consensual Sexual Penetration | 21 |
| Sexual Assault – Fondling | 30 |
| Sexual Harassment – Hostile Environment and/or Quid Pro Quo | 99 |
| Dating Violence | 14 |
| Domestic Violence | 5 |
| Stalking | 21 |
| Attempted Sexual Assault | 2 |
| Sexual Coercion | 10 |
| Sexual Exploitation | 21 |
| Sexual Intimidation | 9 |
| Retaliation | 5 |
| Other Sex-Based Offenses | 3 |
| Sexual Assault – Type Unknown* | 28 |
| Other/Type Unknown** | 22 |
* Sexual Assault – Type Unknown means additional details regarding the type of reported sexual assault were not shared; OCRSM was unable to identify a Complainant; and/or a member of the University community made an anonymous report.
** Other/Type Unknown includes sex-based harassment that is not clearly defined when the report was submitted.
Location of Sexual Misconduct Reported
The table below denotes where the 251 reported incidents of sexual misconduct occurred.
| Location | |
|---|---|
| On Campus | 104 |
| Off Campus | 65 |
| Virtual* | 31 |
| Combination** | 11 |
| Unknown Location | 40 |
* 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 Provided to Parties
Supportive Measures are defined as “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.” Supportive Measures are provided to both Complainants and Respondents and are available regardless of whether a Formal Complaint is filed. Some individuals received multiple types of or ongoing Supportive Measures. The table below breaks down the type and number of Supportive Measures provided by OCRSM.
| Supportive Measures Provided | Total Number |
|---|---|
| No Contact Order | 24 |
| Housing Relocation | 5 |
| Emergency Removal from Campus | 7 |
| Access Restrictions | 10 |
| Academic Support or Modifications | 43 |
| Referral to Counseling or Health Services | 238 |
| Change in Parking Location | 5 |
| Education or Training | 28 |
| Other* | 7 |
* Other Supportive Measures include additional support such as safety planning, arranging safety escorts, facilitating assistance obtaining protective or peace orders, and referrals to legal resources and/or other on- or off-campus support resources.
Prohibited Conduct Report Outcomes
When OCRSM receives a report, the Title IX Coordinator or designee emails the potential Complainant. The outreach email contains an invitation to meet to discuss options for addressing the report under the Policy and Procedures, information about safety and Supportive Measures, and confidential and non-confidential resources. During the initial intake meeting, the Title IX Coordinator or designee helps facilitate a better understanding of the available resources and Supportive Measures, and the Formal Complaint and resolution processes, including the Informal Resolution and investigation/adjudication processes.
When a Formal Complaint is filed, the Title IX Coordinator conducts an assessment to determine whether the alleged conduct falls under the Policy and Procedures and whether the University has jurisdiction over the matter. When the Title IX Coordinator determines that the matter will transition to the resolution process, the matter may move into an Informal Resolution or investigation/adjudication, as appropriate. All parties will receive written notice. When the matter moves to an investigation, which is an impartial fact-gathering process, the investigators gather all relevant information related to the Formal Complaint. Complainants and Respondents have an equal opportunity to review and respond to all information gathered during the investigation phase and before the matter transitions to the adjudication phase. During the adjudication phase, the Hearing Officer is an independent, external individual that is responsible for overseeing the Hearing and determining whether or not the Policy was violated by the respondent.
In some cases, an Informal Resolution may serve as an alternative, non-judicial process to resolve the Formal Complaint. Informal Resolution may encompass a variety of mutually agreed-upon remedies, mediation, and/or education.
The table below highlights the outcomes of the 251 reports that OCRSM received.
| Report Outcomes | Total Number |
|---|---|
| Formal Complaint Submitted | 19 |
| Complainant Only Seeking Supportive Measures | 48 |
| No Authority Over Respondent – Supportive Measures Provided to Complainant | 16 |
| Complainant Received Outreach/Resources and Did Not Wish to Meet or Discuss Further | 140 |
| Unable to Identify Complainant* | 17 |
| Referred to Another Appropriate Campus Office** | 11 |
* OCRSM was unable to identify a Complainant to conduct outreach.
** The reported behavior was not based on Prohibited Conduct under the Policy and Procedures. The report was referred to another appropriate office, such as University Human Resources, Office of Student Conduct, the Provost’s Office, or the Department of Residential Life.
Formal Complaints – Types of Prohibited Conduct
This section focuses on the Prohibited Conduct alleged in the 19 Formal Complaints the Title IX Coordinator received during the 2023-24 reporting period. Some Formal Complaints encompass more than one type of Prohibited Conduct. The table below expands on the alleged Prohibited Conduct in the 19 Formal Complaints.
| Types of Sexual Misconduct Formal Complaints | Total Number |
|---|---|
| Sexual Assault – Non-Consensual Sexual Penetration | 4 |
| Sexual Assault – Fondling | 7 |
| Sexual Harassment – Hostile Environment and/or Quid Pro Quo | 8 |
| Dating Violence | 1 |
| Stalking | 1 |
| Sexual Coercion | 2 |
| Sexual Exploitation | 3 |
| Sexual Intimidation | 1 |
| Attempted Sexual Assault | 2 |
| Other Sex-Based Offenses | 3 |
| Retaliation | 1 |
Formal Complaint Outcomes
The table below demonstrates outcomes and sanctions, where applicable, resulting from Formal Complaints received during the 2023-24 reporting period.
| Incident Type(s) | Outcome | Sanction(s) | |
|---|---|---|---|
| 1 | Sexual Assault – Non-Consensual Sexual Penetration, Sexual Assault – Fondling, Hostile Environment, Stalking, Sexual Coercion | Not Responsible: Sexual Assault – Non-Consensual Sexual Penetration, Sexual Assault – Fondling, Hostile Environment, Stalking, Sexual Coercion | N/A – Not Responsible |
| 2 | Sexual Exploitation, Other Sex-Based Offenses | Responsible: Sexual Exploitation, Other Sex-Based Offenses | Expulsion and access restriction |
| 3 | Sexual Exploitation | Permissive Dismissal of the Formal Complaint* | N/A – Permissive Dismissal of the Formal Complaint |
| 4 | Sexual Assault – Fondling, Sexual Intimidation, Attempted Sexual Assault | Not Responsible: Sexual Assault – Fondling, Sexual Intimidation, Attempted Sexual Assault | N/A – Not Responsible |
| 5 | Sexual Assault – Non-Consensual Sexual Penetration, Sexual Assault – Fondling, Dating Violence, Sexual Coercion, Sexual Exploitation | Outcome pending resolution during the 2024-25 reporting period | Pending |
| 6 | Sexual Assault – Fondling, Sexual Coercion | Not Responsible: Sexual Assault – Fondling, Sexual Coercion | N/A – Not Responsible |
| 7 | Sexual Assault – Fondling | Not Responsible: Sexual Assault – Fondling | N/A – Not Responsible |
| 8 | Sexual Exploitation | Responsible: Sexual Exploitation | Suspension with a ban from campus properties for one semester; required education and a reflection letter to be completed as a condition of returning to the University; check-in meetings with a University administrator twice per semester upon return to the University; prohibition from living on campus or entering University residence and dining halls; and continued No Contact Orders between Respondent and Complainants |
| 9 | Sexual Harassment | Responsible: Sexual Harassment | Ineligible to be rehired in any position by the University or its affiliated programs, prohibition from contacting any University students, and prohibition from being present on University property |
| 10 | Sexual Harassment | Outcome pending resolution during the 2024-25 reporting period | Pending |
| 11 | Sexual Harassment | Mandatory Dismissal of the Formal Complaint* | N/A – Mandatory Dismissal of the Formal Complaint* |
| 12 | Retaliation | Responsible: Retaliation | Expulsion and access restriction |
| 13 | Hostile Environment, Other Sex-Based Offenses | Responsible: Other Sex-Based Offenses; Not Responsible: Hostile Environment | Termination of employment and affiliation with the University |
| 14 | Hostile Environment, Other Sex-Based Offenses | Responsible: Other Sex-Based Offenses; Not Responsible: Hostile Environment | 30-day suspension, required education to be completed as a condition of returning to the University, and employment modifications |
| 15 | Sexual Harassment | Mandatory Dismissal of the Formal Complaint* | N/A – Mandatory Dismissal of the Formal Complaint* |
| 16 | Sexual Assault – Non-Consensual Sexual Penetration | Permissive Dismissal of the Formal Complaint* | N/A – Permissive Dismissal of the Formal Complaint |
| 17 | Sexual Assault – Fondling, Attempted Sexual Assault | Not Responsible: Sexual Assault – Fondling, Attempted Sexual Assault | N/A – Not Responsible |
| 18 | Sexual Harassment | Mandatory Dismissal of the Formal Complaint* | N/A – Mandatory Dismissal of the Formal Complaint* |
| 19 | Sexual Assault – Non-Consensual Sexual Penetration, Sexual Assault – Fondling | Permissive Dismissal of the Formal Complaint* | N/A – Permissive Dismissal of the Formal Complaint |
* For more information on when a Mandatory or Permissive Dismissal is appropriate, please refer to the Policy and Procedures.