Maryland Institute College Of Art Mica

MARYLAND INSTITUTE COLLEGE OF ART MICA Hazing, defined as acts likely to cause physical or psychological harm or socialostracism to any person within the MICA community that are related to the admission,initiation, pledging, joining, or any other group-affiliation activity (as defined further inthe hazing policy) on the basis of actual or perceived membership in a protected class;hazing is also illegal under Maryland law and prohibited by the College Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate orintentionally hurt, control, or diminish another person, physically or mentally, on the basisof actual or perceived membership in a protected classAny other MICA rules, when a violation is motivated by the actual or perceived membership ofthe “Reporting Party” (the person who allegedly was subject to a violation of this Policy) in aprotected class may be pursued using this policy and process. MICA reserves the right to addressoffensive conduct that is not on the basis of a protected status through appropriate discipline,facilitated conversation, remedial actions, education, and/or effective conflict resolutionmechanisms. For assistance with conflict resolution techniques, employees may contact theOffice of Human Resources and students may contact the Office of Student Affairs.4.3. Sexual HarassmentSexual harassment is a form of sex discrimination and, therefore, is an unlawful discriminatorypractice. For purposes of this policy, sexual harassment is unwelcome behavior of a sexualnature. Sexual harassment includes but is not limited to unwelcome sexual advances, requestsfor sexual favors, and other verbal or physical conduct of a sexual nature when: Submission to such conduct is made, either explicitly or implicitly, a term or condition ofan individual’s instruction, employment, or participation in any College activity Submission to or rejection of such conduct by an individual is used as the basis fordecisions affecting that individual. Such conduct has the purpose or effect ofunreasonably interfering with an individual’s work or academic performance or createsan intimidating, hostile, or offensive environment.Some examples of possible Sexual Harassment include: A professor insists that a student have sex in exchange for a good grade. This isharassment regardless of whether the student accedes to the request. A student repeatedly sends sexually oriented jokes around on an email list s/hecreated, even when asked to stop, causing one recipient to avoid the sender oncampus and in the residence hall in which they both live.6Effective August 1, 2019

MARYLAND INSTITUTE COLLEGE OF ART MICA Two supervisors frequently “rate” several employees’ bodies and sex appeal,commenting suggestively about their clothing and appearance. A professor engages students in class in discussions about their past sexualexperiences, yet the conversation is not in any way pertinent to the subject matter of theclass. The professor probes for explicit details, and demands that students answer,though they are clearly uncomfortable and hesitant. An individual widely spreads false stories about their sex life with their former partner.The former partner is clearly uncomfortable and feels that they have been viewed as asocial pariah on campus.Anyone experiencing sexual harassment at MICA or any program/activity associated withMICA is encouraged to report it immediately to MICA’s Title IX Coordinator or to anydeputy coordinator.4.4. Consensual RelationshipsIn the view of the College, all employees are considered to have professional responsibility forstudents. Therefore, relationships between students and employees (faculty, administrator, orstaff) are prohibited. There are inherent risks in any romantic or sexual relationship betweenindividuals in unequal positions (such as faculty and student, supervisor and employee). Theserelationships may be less consensual than perceived by the individual whose position conferspower. The relationship also may be viewed in different ways by each of the parties,particularly in retrospect. Furthermore, circumstances may change, and conduct that waspreviously welcome may become unwelcome. Even when both parties have consented at theoutset to a romantic or sexual involvement, this past consent may not remove grounds for alater charge of a violation of applicable sections of this policy. Consensual romantic or sexualrelationships in which one party maintains a direct supervisory or evaluative role over the otherparty are unethical. Therefore, employees (including student employees and graduate teachingassistants) with direct supervisory or evaluative responsibilities who are involved in suchrelationships must promptly inform their supervisor and Human Resources of the relationship.This report will likely result in a change in supervisory or evaluative responsibility. Failure toself-report such relationships to a supervisor and/or Human Resources as required can result indisciplinary action for an employee.4.5 Pregnancy7Effective August 1, 2019

MARYLAND INSTITUTE COLLEGE OF ART MICAMICA is committed to supporting the academic and professional success of pregnant andparenting students and employees. MICA provides accommodations to support pregnantstudents and employees, including accommodations for disabilities related to pregnancy. If youare a student who needs to request or discuss accommodations, please contact the Title IXCoordinator. If you are an employee who needs to request or discuss accommodations, pleasecontact Human Resources.4.6 Intimate Partner Violence4.6.1 Dating ViolenceDating violence is abusive or violent behavior committed by a person who is or has been in adating, romantic, or intimate relationship with the Reporting Party. The existence of such arelationship is determined based on the length of the relationship, the type of relationship, andthe frequency of interaction between the persons involved in the relationship. Dating violencemay include physical violence or abuse, conduct that would cause a reasonable person to befearful for their safety, and psychological and emotional abuse, economic abuse, verbal abuse,sexual abuse, or threats of such abuse. Dating violence may be conducted in person, using theinternet or other technology resources, or through any other method. Dating violence does notinclude acts covered under the definition of domestic violence. Dating violence also refers toconduct that meets the definition of abuse as defined by the laws of Maryland.4.6.2 Domestic ViolenceDomestic violence is abusive or violent committed by a current or former spouse (or a personsimilarly situated to a spouse) of the Reporting Party, by a person with whom the Reporting Partyshares a child in common, or by a person who is cohabitating with or has cohabitated with theReporting Party as a spouse. Domestic violence may include physical violence or abuse, conductthat would cause a reasonable person to be fearful for his or her safety, and psychological andemotional abuse, economic abuse, verbal abuse, sexual abuse, or threats of such abuse. Domesticviolence may be conducted in person, using the internet or other technology resources, orthrough any other method. Domestic violence also refers to conduct that meets the definition ofabuse as defined by the laws of Maryland.4.6.3 StalkingStalking is a pattern of repeated and unwanted attention, harassment, contact, or any other courseof conduct directed at a specific person that would cause a reasonable person to fear harm orinjury, or suffer psychological or emotional harm. Stalking can include (but is not limited to)8Effective August 1, 2019

MARYLAND INSTITUTE COLLEGE OF ART MICAfrightening communications, direct, indirect, or third party threats, following, monitoring,surveilling a specific person, or interfering with a person’s property, and other harassing,threatening, and intimidating behavior. Stalking may be conducted in person, using the internetor other technology resources, or through any other method. Stalking also refers to conduct thatmeets the definition of stalking as defined by the laws of Maryland.4.7. Sexual MisconductState law defines various violent and/or non-consensual sexual acts as crimes. Thesedefinitions are found in Appendix A of this document. Additionally, MICA has definedcategories of sexual misconduct, as stated below, for which action under this policy maybe imposed. In general, the College considers Non-Consensual Sexual Intercourseviolations to be the most serious and therefore typically imposes the most severesanctions, including suspension or expulsion for students and termination for employees,for these offenses. However, MICA reserves the right to impose any level of sanction,ranging from a reprimand up to and including suspension or expulsion/termination, forany act of sexual misconduct or other gender-based offenses, including intimate partnerviolence, non-consensual sexual contact, and stalking, based on the facts andcircumstances of the complaint.Acts of sexual misconduct may be committed by any person upon any other person,regardless of the sex, gender, sexual orientation and/or gender identity of those involved.A determination of whether sexual activity constitutes sexual misconduct will often depend onwhether there was consent. Consent is the knowing, voluntary and clear permission by word oraction to engage in mutually agreed upon sexual activity. Since individuals may experience thesame interaction in different ways, it is the responsibility of each party to make certain that theother has consented before engaging in the activity. For consent to be valid, there must be a clearexpression in words or actions that the other individual has consented to that specific sexualconduct.A person cannot consent if they are unable to understand what is happening or is disoriented,helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. Anindividual who engages in sexual activity when the individual knows, or should know, that theother person is physically or mentally incapacitated has violated this policy. Silence or theabsence of resistance alone is not consent.9Effective August 1, 2019

MARYLAND INSTITUTE COLLEGE OF ART MICAConsent to some sexual contact (such as kissing or fondling) cannot be presumed to beconsent for other sexual activity (such as intercourse). A current or previous relationship isnot sufficient to constitute consent. A person can withdraw consent at any time during sexualactivity by expressing in words or actions that they no longer wants the act to continue, and, ifthat happens, the other person must stop immediately.It is not an excuse that the individual “Responding Party” (the person accused of a violationof this Policy) was intoxicated and, therefore, did not realize the incapacity of the other.Incapacitation is defined as a state in which someone cannot make rational, reasonabledecisions because the individual lacks the capacity to give knowing consent (e.g., tounderstand the “who, what, when, where, why or how” of their sexual interaction). Thispolicy also covers a person whose incapacity results from mental disability, involuntaryphysical restraint and/or from the taking of incapacitating drugs. While incapacitation mayresult from the use of alcohol and/or drugs, incapacitation is a state beyond typicaldrunkenness or intoxication. Incapacitation may also exist because of a physical, mental ordevelopmental disability. The question of incapacitation will be examined objectively fromthe perspective of the Responding Party, i.e., whether a reasonable, sober person in the placeof the Responding Party should have known the condition of the Reporting Party based onthe apparent indications of incapacitation, which may include, but are not limited to, actingconfused or incoherent, difficulty walking or speaking, and vomiting.Sexual misconduct includes:4.7.1. Non-Consensual Sexual IntercourseDefined as: Any sexual penetration, however slight, that is without consent and/or by force.Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger, or object, andoral sex by mouth to genital contact.4.7.2. Non-Consensual Sexual ContactDefined as: Any intentional sexual touching, however slight, that is without consent and/orby force. Sexual touching includes contact with the breasts, groin, genitals, mouth or otherbodily orifice of another individual, or any other bodily contact in a sexual manner.10Effective August 1, 2019

MARYLAND INSTITUTE COLLEGE OF ART MICATogether, non-consensual sexual intercourse and non-consensual sexual contact are alsoreferred to as sexual assault in this policy.4.7.3. Sexual ExploitationSexual Exploitation refers to a situation in which a person takes non-consensual or abusivesexual advantage of another but the conduct does not fall within the definitions of SexualHarassment, Non-Consensual Sexual Intercourse or Non-Consensual Sexual Contact.Examples of sexual exploitation include, but are not limited to: Sexual voyeurism (such as watching a person undressing, using the bathroom orengaged in sexual acts without the consent of the person observed) Taking pictures or video or audio recording another in a sexual act, or in any otherprivate activity without the consent of all involved in the activity, or exceeding theboundaries of consent (such as allowing another person to hide in a closet andobserve sexual activity) Disseminating sexual pictures without the photographed person’s consent Engaging in sexual activity with another person while knowingly infected with asexually transmitted disease or infection (STD/STI) and without informing the otherperson of the disease or infection. Administering alcohol or drugs (such as “date rape” drugs) to another personwithout the individual’s knowledge or consent5. RetaliationRetaliation is defined as any adverse action taken against a person because of the person’sparticipation in a protected activity, such as alleging a violation of this policy or participating inan investigation under this policy. Retaliation against an individual for alleging discriminationor harassment (including intimate partner violence and sexual misconduct), supporting a partybringing a complaint, or assisting in providing information relevant to an investigation ofdiscrimination or harassment is a serious violation of MICA policy. Acts of alleged retaliationshould be reported immediately to the Title IX/Equity Coordinator, Campus Safety, or StudentAffairs and will be promptly investigated. The College is prepared to take appropriate steps toprotect individuals who fear that they may be subjected to retaliation.11Effective August 1, 2019

MARYLAND INSTITUTE COLLEGE OF ART MICA6. Remedial ActionMICA will implement initial interim remedial and responsive and/or protective actions uponnotice of alleged harassment, retaliation and/or discrimination. Such actions could include butare not limited to: no contact orders, interim suspension, providing counseling and/or medicalservices, academic support, living arrangement adjustments, transportation accommodations,providing a campus escort, academic or work schedule and assignment accommodations, safetyplanning, and referral to campus and community support resources.MICA will take additional prompt remedial and/or disciplinary action in respect to anymember of the community, guest or visitor who has been found to have engaged in harassingor discriminatory behavior or retaliation. Procedures for handling reported incidents are fullydescribed below.7. Confidentiality and Reporting of Complaints Under This PolicyDiscrimination and harassment cannot be addressed effectively unless they are reported. MostMICA employees are expected to report incidents of discrimination or harassment, includingsexual misconduct, to appropriate College officials.If a party would like the details of an incident of discrimination or harassment to be keptconfidential, they may speak with on-campus licensed professional counselors (MICACounseling Center) and campus health service providers (MICA Student Health Services)whose official responsibilities include providing such services to members of the MICAcommunity or, in the case of employees, the College’s Employee Assistance Program. Theseconfidential on-campus resources are available to help free of charge and can be seen on anemergency basis during normal business hours.Off-campus resources such as professional counselors, health care providers, rape crisiscounselors, domestic violence resources, local or state assistance agencies, and members of theclergy are required to maintain confidentiality except in extreme cases of immediacy of threator danger or abuse of a minor. A list of these resources can be found in Section 12.Individuals may want to consider carefully whether they share personally identifiable details12Effective August 1, 2019

MARYLAND INSTITUTE COLLEGE OF ART MICAwith non-confidential employees, since those details must be shared by the employee with theCoordinator (in the case of sex discrimination or sexual harassment, including sexual violence)or other appropriate College official.If the Reporting Party does not wish for his or her name and/or the name of the RespondingParty to be shared, does not wish for an investigation to take place, or does not want a formalresolution to be pursued, the Reporting Party may make such a request to the Coordinator whowill evaluate that request in light of the responsibility to provide a safe and non-discriminatoryenvironment for all members of the campus community and relevant state and federal laws. Inall cases, information will be shared only as necessary with investigators, witnesses, theResponding Party, and those involved with the administration of the policy. The circle ofpeople with this knowledge will be kept as tight as possible in order to preserve the rights andprivacy of those involved in the process.In certain situations, the College may determine that discrimination and public safety concernsrequire it to investigate alleged discrimination or harassment even if either the Reporting Partyor Responding Party chooses not to participate in the Investigation, such as sexual misconductcases involving a pattern, predation, threat, weapons, or violence. Before making this decision,the Coordinator will act in good faith to assess the relevant circumstances and communicate thedecision to conduct an Investigation to both parties.In cases where the Reporting Party requests confidentiality and the circumstances allow theCollege to honor that request, the College will offer interim supports and remedies to theReporting Party and the community, but will not otherwise pursue Formal Investigation as notedin Section 11 below. A party bringing a complaint has the right, and can expect to havecomplaints taken seriously by MICA when formally reported, and to have those incidentsinvestigated and properly resolved through these procedures.Amnesty for Certain Policy Violations to Encourage ReportingThe College encourages reporting and seeks to remove any barriers to reporting by making theprocedures for reporting transparent and straightforward. The College recognizes that anindividual who has been drinking or using drugs at the time of the incident may be hesitant tomake a report because of a potential policy violation and consequences for

MARYLAND INSTITUTE COLLEGE OF ART MICA. 4 . 3. Accommodation of Disabilities. MICA is committed to full compliance with the Americans with Disabilities Act of 1990 as amended (ADA) and Section 504 of the Rehabilitation Act, as amended. These and other federal, state and local laws prohibit discrimination against qualified persons with .