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VI-1.30 - UNIVERSITY OF MARYLAND SYSTEM POLICY ON SEXUAL ASSAULT
                                
(Approved by the Board of Regents, December 1, 1995, Replacement
for Board of Regents Interim Policy on Sexual Assault, approved
August, 27, 1993; Change approved by Board of Regents, December
4, 1999)
                                
I.   Purpose and Applicability

     The University of Maryland System and its constituent
     institutions adopt this policy on sexual assault, consistent
     with the requirements of (i) Section 484 (f) of the Higher
     Education Act of 1965, as amended by Section 486 (c) (2) of
     the Higher Education Amendments of 1992, and (ii) Section 11-
     601 of the Education Article of the Annotated Code of
     Maryland.  This policy applies to all students and
     employees, both faculty and non-faculty, of the University
     of Maryland System or its constituent institutions.
     
II.  Definitions

     The following policy recognizes two levels of sexual
     assault.
     
     Sexual Assault I.
     
     By stranger or acquaintance, rape, forcible sodomy, or
     forcible sexual penetration, however slight, of another
     person's anal or genital opening with any object.  These
     acts must be committed either by force, threat, intimidation
     or through the use of the victim's mental or physical
     helplessness of which the accused was aware or should have
     been aware.
     
     Sexual Assault II.
     
     By stranger or acquaintance, the touch of an unwilling
     person's intimate parts (defined as genitalia, groin,
     breast, or buttocks, or clothing covering them) or forcing
     an unwilling person to touch another's intimate parts.
     These acts must be committed either by force, threat,
     intimidation or through the use of the victim's mental or
     physical helplessness of which the accused was aware or
     should have been aware.
     
III. Responsibilities of the Chief Executive Officer

     Each Chief Executive Officer of a constituent institution
     shall have the following responsibilities pursuant to this
     policy:  (i) identification of the person responsible for
     coordinating the constituent institution's educational
     program to promote awareness of sexual assault; (ii)
     identification of the person who will serve as the initial
     contact after an alleged sexual assault has occurred; and
     (iii) adoption of procedures to be followed should a sexual
     assault occur, including the importance of preserving
     evidence as may be necessary to the proof of criminal sexual
     assault, and to whom the alleged offence should be reported.

IV.  Educational Programs to Promote Awareness of Sexual Assault

     Each institution in the University of Maryland System shall
     make available to its students, faculty and employees
     programs to promote awareness of what constitutes sexual
     assault, how to prevent it, and what the institution's
     procedures are for handling reports of alleged sexual
     assault.  In addition to general educational programs for
     the campus community, each institution shall provide
     specialized training on the topic of sexual assault and the
     provisions of sexual assault procedures to those individuals
     who might be involved in providing services to or
     interacting with alleged victims so as to ensure timely,
     accurate and sensitive assistance to all concerned.  The UMS
     policy, together with the institution's procedures
     concerning sexual assault, shall be distributed to all
     students, faculty members and employees and shall be posted
     in appropriate locations at the institution and published in
     appropriate institution and System publications.
     
V.   Off-Campus Reporting of Sexual Assaults

     When a report of sexual assault is made to the institution's
     initial contact, that person will encourage the alleged
     victim to contact law enforcement or medical personnel as
     soon as possible following the incident to receive guidance
     in the preservation of evidence needed for proof of criminal
     assaults and the apprehension and prosecution of assailants.
     Campus authorities will assist in notification of off-campus
     authorities at the request of the alleged victim.
     
     Additionally, campus personnel will retain the right to
     contact law enforcement personnel directly where an issue of
     campus security is involved.  Campus personnel will also
     assist the alleged victim in obtaining medical attention, if
     the victim chooses, including providing transportation to
     the hospital or other emergency medical facility.  Each
     institution shall designate one or more nearby hospitals
     which are equipped with the Maryland State Police sexual
     assault evidence collection kit.
     
VI.  Campus Disciplinary Procedures

     1.   Student Disciplinary Procedures.
     
          a.   In addition to any criminal or civil remedies available
               under the law, any act of sexual assault is a violation of this
               University of Maryland Policy on Sexual Assault and is subject to
               disciplinary proceedings under the institution's judicial system.
               The range of judicial system penalties for students shall
               include, but not be limited to, one or more of the following:
               alteration of class schedule, disciplinary reprimand, loss of
               privilege, restitution, disciplinary probation, disciplinary
               suspension, disciplinary dismissal, and disciplinary expulsion.


          b.   The on-campus procedures shall provide (1) the accuser and
               the accused are afforded the same opportunities to have others
               present during a campus disciplinary proceeding; (2) both the
               accuser and the accused are informed of the outcome of any campus
               disciplinary proceeding brought alleging a sexual assault; (3)
               the offense must be reported according to federal reporting
               mandates and Maryland State law.

     2.   Faculty and Employee Disciplinary Procedures.

          In addition to any criminal or civil proceedings
          available under law, any act of sexual assault is a
          violation of this University of Maryland System Policy
          on Sexual Assault and is subject to appropriate faculty
          and employee disciplinary procedures.  The range of
          employment penalties for faculty and employees shall
          include, but not be limited to, one or more of the
          following:  counseling, reprimand, suspension, or
          termination of employment.
          
VII. Services for Victims

     Faculty, employees and students who are victims of sexual
     assault shall be offered access to counseling through mental
     health services available at the institution, other victim
     service entities in the surrounding community, or the
     nearest state designated rape crisis program.  Each
     institution shall designate existing counseling, mental
     health and student services, both on campus and in the
     community, which are available to victims of sexual assault.
     
     After a sexual assault has been reported at the institution,
     and upon the request of the alleged victim, the victim shall
     be offered an alternative academic, living or employment
     situation if such alternative is available, feasible, and
     appropriate to the facts of the sexual assault reported.
     
VIII.     Implementation and Reporting Procedures

     Each Chief Executive Officer shall identify his/her
     designee(s) as appropriate for this policy; shall develop
     procedures as necessary to implement this policy; shall
     communicate this policy and applicable procedures to his/her
     institutional community; and shall forward a copy of such
     designations and procedures and any subsequent changes in
     such designations and procedures to the Chancellor.
     
     Institutional procedures that are part of this policy are on
     file in the Office of the Chancellor.
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