Section Eleven: Health and Safety

 Return to: College Regulations and Policies  

Accessibility Notice

The Americans with Disabilities Act applies to Carroll Community College and its programs, services, and activities. If you have any questions or require services, please call the Director, Disability Support Services, at 410-386-8329. Questions or concerns related to the facilities may be directed to the Facilities Management Office at 410-386-8490.

Aids and HIV Education Policy

The College supports education about HIV and AIDS as the most effective means of combating this disease. All employees and students will be strongly encouraged to participate in AIDS educational efforts, and the time for such participation will be provided.

HIV positive employees or students will be handled in accordance with Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination against disabled individuals. The Justice Department [1075.c-ct. 1123 (1987)] ruled that Section 504 covers all people infected with the HIV, including asymptomatic carriers.

Fire Evacuation Procedures

In the event of fire or other life-threatening emergency, pull the fire alarm immediately to notify occupants, and promptly exit the building using the established evacuation route or evacuation maps that are located in all classrooms and all bulletin boards throughout the College. As quickly as possible after safely exiting the building, notify a member of the administration staff or Campus Police to inform them of the location and type of emergency by dialing 410-386-8123.

When the fire alarm sounds

All faculty, staff, and students must exit the building immediately. All alarms should be acknowledged as an emergency situation requiring the immediate evacuation of the building. Walk–do not run–to the nearest exit and assemble at the assembly points on the evacuation maps. Remain at least 200 feet beyond all buildings. For a bomb threat, remain at least 500 feet from all buildings.

Handicapped persons

It will be the responsibility of the instructor, in the case of a student, and office staff, in the case of an employee, to ensure handicapped persons are transported to safety. Individuals confined to a wheelchair, who are located on the second or third floor during a fire emergency, should be escorted to the nearest stairwell signed “Stair Area of Rescue Assistance.”

Evacuation of Persons with Disabilities: Announce to them the type of emergency and ask how you may best assist them. When communicating, face the person and speak calmly and distinctly and directly to the person. Never separate a disabled person from his or her assistive aids (wheelchairs, canes, service animal, etc.) when assisting to the assigned evacuation site.

Note: Most all stairwells are “safe havens” and clearly signed. All handicapped persons who cannot safely take the stairs should be escorted in the nearest “safe haven” stairwell until emergency personnel arrive. The individual escorting this person should then exit the building and report the location of any handicapped person(s) to an administrator or Campus Police. The administrator or Campus Police officer will report the location of any handicapped person(s) to emergency personnel immediately upon their arrival. In the event the handicapped person is in imminent danger, the instructor or staff person shall seek assistance to have the individual removed from the area and taken to safety. Please remember that stair wells indicated as “safe havens” are protected by fire rated doors and are deemed to be extremely safe by Life Safety Code standards. A handicapped person should not be moved or carried unless imminent danger is evident.

Carroll Community College Drug-Free Schools and Communities Act and Drug-Free Workplace Acts

Policy Notification to Students, Faculty, and Staff

Carroll Community College is concerned about the adverse effects that drugs and alcohol can have upon society, families and education. To that end, Carroll Community College is committed to establishing and promoting a campus environment free from the use and abuse of illegal drugs and alcohol. The College can accomplish a drug-free campus through the distribution of a policy statement, development of awareness and educational programs, and the establishment of a counseling and referral program for campus members.

Carroll Community College subscribes to the Network of Drug-Free Colleges and Universities Statement of Standards (1988) which states, “American society is harmed in many ways by alcohol abuse and drug-use - decreased productivity, serious health problems, breakdown of the family structure, and strained societal resources. Problems of abuse have a pervasive impact upon many segments of society-all socioeconomic groups, all age levels and even the unborn. Education and learning are especially impaired by drug use and alcohol abuse. Abuse among college students inhibits their educational development and is a growing concern among our nation’s institutions of higher education.”

As an institution concerned with drug use and alcohol abuse and as an institution receiving federal funds, Carroll Community College has established a drug and alcohol policy and will enforce and support both the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989. These laws require the College to notify campus members about such items as policies, legal and disciplinary sanctions, health risks, and available sources for counseling, treatment, or rehabilitation.

Carroll Community College’s substance use policy declares that the College will not tolerate the manufacture, possession, use, distribution, dispensation, or sale of controlled, dangerous substances, illegal drugs of any kind, or associated paraphernalia on any of its locations, within any of its facilities or vehicles, or any College-sponsored or supervised activity on or off campus. Students, faculty, or staff who violate this policy may be suspended and subject to dismissal, criminal prosecution under local, state, or federal law and/or participation in a drug education/rehabilitation program. Irresponsible or illegal use or distribution of alcohol will be subject to penalties set forth in individual campus policy.

The usual penalty for drug distribution, manufacture, and dispensing will be dismissal, while use or possession may incur a lesser penalty, to include successful completion of an approved drug education/counseling component. Punishment could be up to 30 years in jail or a $250,000 fine, or both, under federal law for manufacture, distribution, dispensation, or possession of a controlled, dangerous substance is punishable by a prison sentence up to 20 years or a fine up to $25,000, or both. Under the Drug-Free Workplace Act of 1988, should an employee be convicted of a criminal drug statute violation occurring in the workplace, it is that employee’s obligation to notify the appropriate vice president no later than five (5) days after such conviction. While it could be assumed because of the size and organizational structure of the College, that the College administration may be aware of the conviction, it does not relieve the employer of his/her responsibility to notify the appropriate federal agency within ten (10) days after the receipt of such notice from the employee. Within 30 days of receipt, it is the College’s responsibility to take the appropriate personnel action.

The College provides referral and resource services for anyone confronted with a problem of drug and/or alcohol abuse. If you suspect that you, a colleague, or a friend might be experiencing drug or alcohol-related problems, you are encouraged to contact the appropriate College office (Human Resources, Counseling, or Student Life) or the Integrity and Judicial Affairs Advocate, 410-386-8412.

As required by the Drug-Free Workplace Act and the Drug-Free Schools and Communities Act Amendments of 1989 and as a condition of employment and enrollment at Carroll Community College, each student, faculty, and staff member is required to abide by the terms of this policy. Carroll Community College will continue to make a good faith effort to maintain a pleasant working and learning environment. We ask that you do your part to help make our campus drug free.

Smoke and Tobacco-Free Campus Policy

Carroll Community College is a smoke and tobacco-free environment. Smoking, vaping, and/or tobacco use is prohibited in College-owned or leased buildings and off-campus sites operated by the College; all College property including parking lots, athletic fields, amphitheater; and College-owned or rented vehicles. Tobacco and smoking products restricted from use include, but are not limited to, cigarettes, cigars, pipes, bidi, clove cigarettes, dip, chew, snuff, snus, and electronic cigarettes. This policy extends to students, employees, contractors, subcontractors, agents, vendors, and visitors.

Policy approved by the Board of Trustees of Carroll Community College on September 17, 2008 and effective as of January 2, 2009. 

Revised November 6, 2012

Enforcement of Smoke and Tobacco-Free Campus Policy

The College Smoke and Tobacco-Free Campus Policy relies on the thoughtfulness, consideration, and cooperation of tobacco users and non-tobacco users for its success. It is the responsibility of the College community, as well as visitors to the college, to observe the policy and to not use tobacco and smoking products on campus.

Employees

Employees who fail to comply with the College’s Smoke and Tobacco-Free Campus policy will be issued a written warning for violating the policy and provided with an information card regarding the policy and options for assistance. In addition, a copy of the violation will be provided to the employee’s supervisor and to the Director of Human Resources to determine the proper action to take with respect to the college’s Employee Handbook.

Students

Students who fail to comply with the College’s Smoke and Tobacco-Free Campus policy will be advised of the policy, provided with an information card regarding the policy and options for assistance, and requested to comply with the policy. If a student refuses to comply upon request, the student will be issued a written warning from Campus Police and asked to leave College property. The written warning of the incident will be provided to the Director of Student Care and Integrity and Assistant Provost of Student Affairs. The Director and Assistant Provost will review the violation and determine the proper action to take with respect to the College’s Code of Integrity for Academic and Behavioral Standards which outlines the Standards of Student Conduct. If a student refuses to comply or leave, Campus Police will contact local law enforcement to assist in removing the student from College property.

Visitors

Visitors to the College who fail to comply with the College’s Smoke and Tobacco-Free Campus policy will be provided by Campus Police with an information card by Campus Police regarding the policy and options for assistance and asked to comply with the policy. If a visitor refuses to comply upon the request of Campus Police, the visitor will be issued a written warning and asked to leave College property. If a visitor refuses to comply or leave, Campus Police may effect an arrest for trespassing.

Reporting Violations

Campus Police, as a part of their normal responsibilities, will provide enforcement support for the College’s Smoke and Tobacco-Free Campus policy by informing individuals of the policy and proper compliance; by reporting violations when an individual refuses to comply with the policy; and by responding appropriately when called to a situation that may warrant their added involvement. Individuals who observe violations of this policy may contact Campus Police by calling (410) 386-8123.

Gender-Based and Sexual Misconduct Policy 

ATIXA 2020 MODEL POLICY AND PROCEDURES
USE AND ADAPTATION OF THIS MODEL WITH CITATION TO ATIXA IS PERMITTED
THROUGH A LIMITED LICENSE To Carroll Community College
ALL OTHER RIGHTS RESERVED. ©2020. ATIXA

INTRODUCTION

Members of the Carroll Community College community, guests and visitors have the right to be free from all forms of gender and sex-based discrimination, which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking. Sexual Misconduct is a form of sex discrimination prohibited by federal and state discrimination laws, including Title IX of the Education Amendments of 1972, 2020 Title IX Regulations (34 C.F.R. Part 106)  and Title VII of the Civil Rights Act. In addition, some forms of Sexual Misconduct violate the criminal laws of the State of Maryland.

All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The College has a zero tolerance policy for gender-based misconduct. Serious sanctions will be used to reasonably ensure that such actions are never repeated. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This policy is intended to define community expectations and to establish a mechanism for determining when those expectations have been violated.

OVERVIEW OF POLICY EXPECTATIONS WITH RESPECT TO PHYSICAL SEXUAL MISCONDUCT

The expectations of our community regarding sexual misconduct can be summarized as follows: In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity.

Additionally, there is a difference between seduction and coercion. Coercing someone into sexual activity violates this policy in the same way as physically forcing someone into sex. Coercion happens when someone is pressured unreasonably for sex.

Because alcohol or other drug use can place the capacity to consent in question, sober sex is less likely to raise such questions. When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing. Under this policy, “No” always means “No,” and “Yes” may not always mean “Yes.” Anything but a clear, knowing and voluntary consent to any sexual activity is equivalent to a “No.”

OVERVIEW OF POLICY EXPECTATIONS WITH RESPECT TO CONSENSUAL RELATIONSHIPS

There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as teacher and student, supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of a violation of applicable sections of the faculty/staff handbooks. The College does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the College. For the personal protection of members of this community, relationships in which power differentials are inherent (faculty-student, staff-student, administrator-student, staff-staff) are strongly discouraged.

Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party are unethical. Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the timely attention of their supervisor, and will likely result in the necessity to remove the employee from the supervisory or evaluative responsibilities, or shift the student out of being supervised or evaluated by someone with whom they have established a consensual relationship. While no relationships are prohibited by this policy, failure to self-report such relationships to a supervisor as required may result in disciplinary action for an employee.

Any incidents of potential gender-based or sexual misconduct may be reported by students; faculty and staff are required to report. Incidents are to be reported to the Title IX Coordinator following the Gender-Based and Sexual Misconduct Reporting, Investigation, Decision, Sanctions, and Appeal Policy Procedures.

In College investigations, legal terms like “guilt,” and “innocence” are not applicable, The College/Recipient never assumes a student, faculty, or staff member is in violation of College policy. College investigations are conducted to take into account the totality of all evidence available from all relevant sources. When a complaint of sexual misconduct is made the College/Recipient will use a preponderance-of-the evidence (i.e., more likely than not) standard in any Title IX proceedings, including any fact-finding, investigation and hearings.

EMERGENCY REMOVAL, ADMINISTRATIVE LEAVE AND SUPPORTIVE MEASURES

The College/Recipient reserves the right to take whatever measures it deems necessary in response to an allegation of sexual harassment in order to protect student, faculty, and staff rights and personal safety. This may include emergency removal of a respondent if it is determined that there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment, in which case the respondent will have an opportunity to appeal the emergency removal decision. 

In addition, a non-student employee respondent may be placed on administrative leave during the investigation and grievance process.

Supportive measures are “individualized services” reasonably available that are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment. Supportive measures may be provided to both complainant and respondent before or after the filing of a formal complaint, or where no formal complaint has been filed.  Such measures may include, but are not limited to, class or schedule changes, leaves of absence, increased security and monitoring of certain areas of the campus, and imposition of a “No Contact” order to both parties. The College/Recipient will consider the concerns and rights of both the complainant and the respondent and will make every effort to avoid depriving any student of their education. Consideration of supportive measures will be made available to both parties. Determination of supportive measures will be made based on the information available at the time of consideration.

RIGHTS AND RESPONSIBILITIES

The College/ Recipient will provide notice of grievance procedures, including rights and how to file a complaint to students, and employees.

The College/Recipient will designate and follow a reasonably prompt time frame for major stages of the grievance process.

The College/Recipient will ensure an adequate, reliable and impartial investigation of complaints, including the opportunity to present witnesses and other evidence.

The College/Recipient will take steps to prevent recurrence of sexual misconduct and to remedy its discriminatory effects, as appropriate.

The College/Recipient will ensure institutional interests do not interfere with the impartiality of the grievance process.

Rights afforded to the parties will be on equal terms in all matters during the investigation, supportive measures, live recorded hearing, and resolution.

PROHIBITED CONDUCT

1. Sexual Harassment
2. Sexual Assault, Dating Violence, Domestic Violence, and Stalking
3. Retaliation

DEFINITIONS

1. Sexual Harassment

Sexual Harassment, in accordance with Title IX, includes conduct on the basis of sex that satisfies one or more of the following:

• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or
• An employee of the College/Recipient conditioning the provision of an aid, benefit, or service of the College/Recipient on an individual’s participation in unwelcome sexual conduct.
• Sexual assault, dating violence, domestic violence, or stalking as defined in this policy.

2.  Sexual Assault

Any sexual act directed against another person, without consent, including instances where the victim is incapable of giving consent.  Sexual Assault includes Rape, Statutory Rape, Fondling, and Incest as defined below:

a. Rape- The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, regardless of the age of the victim, if the victim did not consent or if the victim was incapable of giving consent.

b. Statutory Rape- Sexual intercourse with a person who is under the statutory age of consent where the victim consented and the offender did not force or threaten the victim.

c. Fondling- The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the person subject to the touching, including instances where the person subject to the touching is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.

d. Incest- Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

3.  Consent

Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.

• Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
• Previous relationships or prior consent cannot imply consent to future sexual acts.

There is a rebuttable presumption that a person under age 18 cannot give effective consent. If a person under age 18 is involved in any matter where consent is an issue, capacity to give effective consent will be determined in accordance with Maryland law.

Sexual activity with someone who one should know to be – or based on the circumstances should reasonably have known to be – mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this policy.

Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction).

This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of any of these substances, including, but not limited, to Rohypnol, Ketomine, Gamma-hydroxybutyric Acid (GHB), Burundanga, etc. is prohibited, and administering one of these drugs to another student, faculty or staff member is a violation of College policy. More information on these drugs can be found at www.911rape.org/

A responding party’s use of alcohol or other drugs is not a mitigating factor.

The sexual orientation and/or gender identity of individuals engaging in sexual activity is not relevant to allegations under this policy.

4.  Force

• Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent (“Have sex with me or I’ll hit you. Okay, don’t hit me, I’ll do what you want.”).
• Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, 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.
• There is no requirement that a party resists the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.

5.  Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant, and the existence of such a relationship shall be determined based on the complainant’s statements, with consideration of length of the relationship, type of relationship, and frequency of interaction between the persons involved in the relationship.

6.  Domestic Violence

Violence committed by:

• a current or former spouse or intimate partner of the complainant;
• a person with whom the complainant shares a child in common;
• a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner;
• a person similarly situated to a spouse of the complainant; or
• any other person against a complainant who is protected from those acts under the domestic or family violence laws of Maryland.

Domestic violence can be a single act or a pattern of behavior.

7.  Stalking

Engaging in a course of conduct, directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress.  Course of conduct means two or more acts, including, but not limited to, acts in which the stalker 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.  Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. Stalking includes unwanted, intrusive, or frightening communications by phone, mail, texting, social media and email.

8.  Retaliation

Any adverse employment or educational action taken against a person because of the person’s participation in a complaint or investigation of discrimination or sexual harassment.

SANCTION STATEMENT

The purpose of sanctioning is for deciding how best to enforce the College’s Gender-Based and Sexual Misconduct Policy. Sanctions must represent a proportionate response to the violation.

Any student, faculty, or staff member found responsible for violating the College’s Gender-Based and Sexual Misconduct Policy will likely receive a sanction ranging from warning to expulsion or termination of employment, depending on the severity of the incident, and taking into account any previous violations.

The College reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. The College will not deviate from the range of recommended sanctions unless compelling justification exists to do so.

NON-CONFIDENTIAL REPORTING

Institutions of higher education are state and federally mandated to clearly articulate who are “responsible employees” under Title IX for purposes of initiating notice and/or investigation.  All staff and faculty of Carroll Community College are responsible reporters and must report any information relating to sexual harassment, gender based or sexual misconduct.

When speaking to campus resources, all parties should be aware of the mandatory reporting requirement in order to make informed decisions about with whom to share information.

You are encouraged to speak to officials of the College to make formal reports of incidents of sexual misconduct. Notice to them is official notice to the College/Recipient. You have the right and can expect to have reported incidents taken seriously by the College when formally reported, and to have those incidents investigated and properly resolved through the grievance procedures.

You also have the right not to file a formal complaint.  All reports of sexual misconduct will be taken seriously, regardless of whether the reporting party files a formal complaint or not.  A formal complaint is a written document signed by a complainant or the Title IX Coordinator alleging sexual misconduct against a respondent about conduct within its education program or activity requesting initiation of the school’s grievance procedures. When a formal complaint is filed, the College/Recipient will complete an investigation, and a live-recorded hearing with a panel of Hearing Officers to determine if any policy violations have occurred.  If a complainant elects not to file a formal complaint, the College/Recipient will respond by offering supportive measures and weigh any request not to proceed with an investigation against the College/Recipient’s obligation to provide a safe and non-discriminatory environment for all members of the campus community.

To Report Confidentially

If one desires details of an incident be kept confidential, they should speak with off-campus rape crisis resources, licensed health and mental health care providers, licensed counselors or members of the clergy and chaplains to determine under what circumstances such individuals are able to maintain confidentiality.  If you are unsure of someone’s ability to maintain confidentiality, ask before you talk to them.

The following organizations are available to provide confidential support:

• Carroll County Domestic Violence Hotline - 443-865-8031
• Rape Crisis Intervention Service - Website:  www.rapecrisiscc.org Hotline:  410-857-7322   Phone:  410-857-0900 V/TTY Address:  224 N. Center St, #102, Westminster, MD 21157
• Maryland Coalition Against Sexual Assault (MCASA) - Website: www.mcasa.org
• Carroll Hospital Center, 200 Memorial Avenue, Westminster, MD 21157  Phone: 410-386-3000; TTY: 410-386-7186
• Sexual Assault Forensic Examiner (S.A.F.E.) Program  Website: www.Carrollhospitalcenter.org/adult-safe-program  Phone: 410-876-6655 

Amnesty for Students who Report Sexual Misconduct

In an effort for Carroll Community College to encourage reporting of alleged sexual misconduct, relationship violence, and stalking violations, neither complainant nor witnesses will face referrals for action under the College’s Standards of Student Conduct if they personally engaged in the unlawful or prohibited use of alcohol or drugs during the incident when the alleged violation occurred.  Amnesty is a limited opportunity given to complainants and witnesses who in good faith come forward and report allegations of sexual misconduct.  The College does not want the fear of receiving disciplinary action and/or a disciplinary sanction to prevent a student from reporting an incident of sexual misconduct.  Amnesty does not extend to a person who violates this Sexual Misconduct Policy, or to any other person whose participation is not in good faith.  Please note that amnesty applies only to the personal use of alcohol or drugs and does not extend to other potential violations of the Standards of Student Conduct that may have been committed, even if the student may have been under the influence of alcohol or drugs at the time the alleged violations were committed.

This policy prohibits the imposition of a campus conduct action, except for a mandatory intervention for substance abuse, for a violation of the alcohol or drug use policies of the College by a student who reports to the College or a law enforcement officer an incidence of sexual assault or who participates in an investigation and/or live recorded hearing of a sexual assault as a witness if:

• The College determines the violation occurred during or near the time of the alleged sexual assault;
• The student is determined to have made the report of sexual assault or is participating in an investigation and/or a live recorded hearing as a witness in good faith; and
• The College determines that the violation was not an act that was reasonably likely to place the health or safety of another individual at risk.

The severity of the infraction will determine the nature of the College’s response, but whenever possible the College will respond educationally rather than punitively to the illegal use of drugs and/or alcohol. The seriousness of sexual misconduct is a major concern and the College does not want any of the circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct.

Federal Statistical Reporting Obligations

Certain campus officials have a duty to report sexual assault, domestic violence, dating violence and stalking for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. The Clery report will reflect information gathered from staff including those in: student/conduct affairs, campus law enforcement, local police, student life staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the reporting party and may be done anonymously.

Federal Timely Warning Reporting Obligations

Victims of sexual misconduct should also be aware that College administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The College will make every effort to ensure that a complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger.

Bystander Intervention

Important to the prevention and intervention of sexual misconduct at Carroll Community College is the response of individuals who are bystander observers or witnesses to the sexual misconduct.  Individuals who observe or witness any misconduct, while not directly involved, have the choice to act by intervening directly, e.g., asking if the person perceived to be in trouble is okay or initiating action (verbal or nonverbal) to attempt to stop the offender, dialing 911 to contact law enforcement, dialing 8123 on campus to reach campus police, and/or contacting other persons of authority at the College.  Help protect your friends and colleagues by intervening as appropriate for the situation.  If you observe or witness sexual or other misconduct, please say something.  If you believe that it is not safe for you to directly intervene in a situation, at a minimum, immediately dial 911, 8123 on campus, or contact the appropriate College authorities.  All Carroll Community College students and employees are expected to be aware of and abide by the College security procedures and practices in this document and the College encourages students and employees to be responsible for their own safety and the safety of others.

Bystander Intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes recognizing situations of potential harm, and overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.

Campus Contacts

• Campus Police - Carroll Community College; campus phone: 8123  phone 410-386-8123 
• Title IX Coordinator, Melody Moore; campus phone 410-386-8412 email: titleix@carrollcc.edu; office: A117C
• Title IX Deputy Coordinator, Lisa Kuhn, Director of Human Resources; 410-386-8032; office: A138
• Title IX online report form  carrollcc.edu.185r.net/survey/?id=200   

Counseling Resources

• Carroll County Domestic Violence Hotline - 443-865-8031
• Rape Crisis Intervention Service - Website:  www.rapecrisiscc.org Hotline:  410-857-7322 Phone:  410-857-0900 V/TTY Address:  224 N. Center Street #102, Westminster, MD
• Maryland Coalition Against Sexual Assault (MCASA) www.mcasa.org
• Carroll County Sheriff Office - 100 North Court Street, Westminster, MD  Emergency:  911 Phone:  410-386-2900
• Maryland State Police -Barrack G -1100 Baltimore Blvd., Westminster, MD Phone:  410-386-3000
• Carroll Hospital Center, 200 Memorial Avenue, Westminster, MD Phone: 410-386-3000; TTY: 410-386-7186
• Sexual Assault Forensic Examiner (S.A.F.E.) Program Website: www. Carrollhospitalcenter.org/adult-safe-program Phone: 410-876-6655 

COMMONLY ASKED QUESTIONS AND ANSWERS

Here are some of the most commonly asked questions regarding College’s sexual misconduct policy and procedures.

Does information about a complaint remain private?

The privacy of all parties to a complaint of sexual misconduct must be respected, except insofar as it interferes with the College’s obligation to fully investigate allegations of sexual misconduct. The College will consider the need to maintain privacy of individuals involved and weigh it against the College’s obligation to provide a safe and non-discriminatory environment for all members of the campus community.  Where privacy is not strictly kept, it will still be tightly controlled on a need-to-know basis. Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted. Violations of the privacy of the complainant or the respondent may lead to conduct action by the College/Recipient.  In all cases, the complainant has the right to file criminal charges through the assistance of the Carroll County Sheriff’s Office. In all cases, complainant has the right to seek and receive trauma-informed service through the Rape Crisis intervention Service (RCIS), and to be assured of cooperation by the College and RCIS to improve the overall response to sexual assault by the College.

In all complaints of sexual misconduct, all parties will be informed of the outcome. In some instances, the administration also may choose to make a brief public announcement of the nature of the violation and the action taken, without using the name or identifiable information of the complainant or respondent. Certain College administrators are informed of the outcome within the bounds of student privacy (e.g., the President of the College, appropriate vice president (s), Chief of Campus Police). If there is a report of an act of alleged sexual misconduct to a Title IX Coordinator or Chief of Police of the College and there is evidence that a felony has occurred, local police will be notified. This does not, however, mean that charges will be automatically filed or that a complainant must speak with the police. The institution also will statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.

Will my parents be told?

No, not unless you tell them. Whether you are the complainant or the respondent, the College’s primary relationship is with the student and not to the parent. However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents. College officials will directly inform parents when requested to do so by a student, in a life-threatening situation, or if the complainant or the respondent has signed the permission form to release information to parents, which allows such communication.

Will the person a complaint named in a complaint know my identity?

Yes, if you file a formal complaint. Sexual misconduct is a serious offense and the respondent has the right to know the identity of the complainant/alleged victim. If there is an investigation and live recorded hearing requiring both parties, the College may provide options for questioning without in-person confrontation between parties, including closed-circuit testimony, Skype, FaceTime, using a room divider, or using separate rooms.

Do I have to name the respondent?

Yes, if you want formal disciplinary action to be taken against the alleged respondent. No, if you choose to respond informally and do not file a formal complaint (but you should consult the complete confidentiality policy above to better understand the College’s legal obligations depending on what information you share with different College officials). Complainants should be aware that not identifying the respondent might limit the institution’s ability to respond comprehensively.

What do I do if I am named in a sexual misconduct complaint?

DO NOT contact the alleged complainant. You may immediately want to contact someone who can act as your advisor; anyone may serve as your advisor. You may also contact the Title IX Coordinator, Kiersten Meyers (410-386-8329), or Deputy Title IX Coordinator, Lisa Kuhn (410-386-8032), who can explain the College’s procedures for addressing sexual misconduct complaints. You may also want to seek other community assistance. 

What should I do about preserving evidence of a sexual assault?

Police are in the best position to secure evidence of a crime. Physical evidence of a criminal sexual assault must be collected from the alleged victim’s person as soon as possible, though evidence can often be obtained from towels, sheets, clothes, etc. for longer periods of time. If you believe you have been a victim of a criminal sexual assault, you should go to the Carroll Hospital Center Emergency Room, before washing yourself or your clothing. The Sexual Assault Nurse Examiner (a specially trained nurse) at the hospital is on call 24 hours a day, 7 days a week (call the Emergency Room if you first want to speak to the nurse; the Emergency Room will refer you). A College staff member from Campus Police or from Student Affairs can also accompany you to the Hospital and law enforcement or Campus Police can provide transportation. Having the evidence collected in this manner will help to keep all options available to a victim, but will not obligate her or him to any course of action. Collecting evidence can assist the authorities in pursuing criminal charges, should the victim decide later to exercise it.

Once involved, the hospital staff will collect evidence, check for injuries, or arrange for medical care, address pregnancy concerns and address the possibility of exposure to sexually transmitted infections. If you have changed clothing since the assault, bring the clothing you had on at the time of the assault with you to the hospital in a clean, sanitary container such as a clean paper grocery bag or wrapped in a clean sheet (plastic containers do not breathe, and may render evidence useless). If you have not changed clothes, bring a change of clothes with you to the hospital, if possible, as they will likely keep the clothes you are wearing as evidence. You can take a support person with you to the hospital, and that person can accompany you through the exam, if you want.

Do not disturb the scene of reported incident - leave all sheets, towels, etc. that may bear evidence for the police to collect.

Will a complainant be sanctioned when reporting a sexual misconduct policy violation if he/she has illegally used drugs or alcohol?

Please refer to the Amnesty for Students who Report Sexual Misconduct section of this policy.

Will the use of drugs or alcohol affect the outcome of a sexual misconduct complaint?

The use of alcohol and/or drugs by either party will not diminish the respondent’s responsibility. Alcohol and/or drug use is likely to affect memory and, therefore, may affect available evidence.  

Will either party’s prior use of drugs and/or alcohol be a factor when reporting sexual misconduct?

Not unless there is a compelling reason to believe that prior, use or abuse is relevant to the present complaint.

What should I do if I am uncertain about what happened?

If you believe that you have experienced sexual misconduct, but are unsure of whether it was a violation of the institution’s sexual misconduct policy, you should contact the Title IX Coordinator, or Campus Police. If requested, the Campus Police will assist in contacting local law enforcement authorities

What counseling or referral services are available?

The College offers counseling referrals from a number of county and state organizations, including mental health services and the nearest State designated rape crisis program (RCIS). See the resource list in this Policy for a comprehensive list of available resources.

Gender-Based and Sexual Misconduct Reporting,

Investigation, Decision, Sanctions, and Appeal Policy Procedures

Members of the Carroll Community College community, guests, and visitors have the right to be free from all forms of gender and sex-based misconduct and discrimination, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking.

All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The College believes in a zero tolerance policy for gender and sex-based misconduct. When an allegation of misconduct is brought to a Title IX Coordinator’s attention, and a respondent is found to have violated this policy, serious sanctions will be used to reasonably ensure that such actions are never repeated. All Respondents have the presumption of not responsible for policy violation until the hearing officers reach a determination.

REPORTING, INVESTIGATION AND HEARING

All College faculty and staff are required to report gender-based and sexual misconduct to the Title IX Coordinator: Kiersten Meyers (410) 386-8329

• Before discussing an incident with a complainant, all faculty or staff members must inform the complainant of staff responsibility to report the incident to the Title IX Coordinator. The College/Recipient will provide information to the complainant about the counseling resources listed in this policy. The College/ Recipient will inform the complainant of the opportunity to make a report of the incident to the Campus Police and to local law enforcement if they would like to do so. Victims have the right to file criminal charges with local law enforcement. The Title IX Coordinator and Campus Police may assist the individual in making a report to the College and to local law enforcement.

The Title IX Coordinator, after having an incident reported to them, will determine whether the grievance process applies and, depending on the nature of the incident, the necessity of informing Campus Police and local law enforcement.

Supportive measures, provided before or after a formal complaint is filed, or when no complaint is filed, may include but are not limited to the following: 

• Campus Police can offer personal escorts at any time, reserve a parking space near classroom buildings, coordinate with local law enforcement for safety checks off campus, and provide internal emergency phone contact numbers.
• The Title IX Coordinator may immediately offer alternate course sections for the complainant and/or the respondent, issue a no-contact order to both the complainant and/or respondent, and/or offer other supportive measures.  The Title IX Coordinator will make every effort to minimize interruption to educational access for both parties.

If a respondent is removed from campus based on a determination that the respondent is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment, the respondent will have an opportunity to submit a written appeal of the emergency removal decision to the Title IX Coordinator at: titleix@carrollcc.edu, Office A101, within 10 days of the date that notice of the emergency removal is provided.  The appeal will be reviewed and decided by an individual who is trained to serve as a Hearing Officer.

INFORMAL RESOLUTION PROCESS

An informal resolution process may be utilized that is mutually voluntary and does not involve a full investigation and adjudication. The complainant may request informal resolution. The College/recipient will participate in the informal resolution by providing trained staff to conduct the meetings.  An informal resolution is permissible if:

• The complainant requests an informal mechanism.
• All parties voluntarily agree, and provide written consent, to engage in informal resolution.
• Parties have received a full disclosure of the allegations.
• Parties have received a full disclosure of their resolution options.
• Either the complainant or respondent can end the informal process at any time in favor of a formal resolution proceeding.
• The alleged misconduct does not involve sexual assault (non-consensual sexual intercourse or contact) or sexual coercion.
• The allegations do not involve sexual harassment or misconduct by an employee against a student.
• The College/Recipient determines the complaint is appropriate for informal resolution.

ATTORNEYS, NON-ATTORNEY ADVISORS, AND PERSONAL SUPPORTERS

Both the complainant and the respondent are permitted to be accompanied by a personal supporter of choice, a licensed attorney, an advocate supervised by an attorney, or a trained advocate during any interview, meeting or disciplinary proceeding under the formal investigation process described in this Policy. No more than two persons may accompany the involved party, including a personal supporter, an attorney, or a non-attorney advocate. During the Live recorded hearing in front of the Hearing Officers, an advisor of the complainant’s choice and respondent’s choice, who may or not be an attorney or non-attorney advocate, will be required to cross question all parties and witnesses. The chosen advisors will ask questions after the Hearing Officers have questioned of all parties and witnesses involved in the formal complaint. Attorneys and non-attorney advocates are not direct participants in the investigation process occurring prior to the Live recorded hearing. Their role is to attend proceedings, consult privately with the involved party and/or assist with exercise of rights. Complainants or respondents who do not have a chosen advisor will be appointed a trained advisor by the College/Recipient. 

PAID LEGAL REPRESENTATION FOR STUDENTS

In accordance with Maryland law, and subject to funding, any current or former student who makes a complaint or responds to a complaint on which a formal Title IX investigation is initiated, and who was enrolled as a student at Carroll Community College at the time of the incident giving rise to the complaint, is authorized to access counsel paid for by the State for attendance at interviews, meetings and/or disciplinary proceedings, in accordance with applicable law and regulations.  Students may select an attorney from available resources provided by the Maryland Higher Education Commission (Commission), located at mhec.state.md.us/Pages/default.aspx  or may select an independent attorney, in which case students should speak with their counsel and/or the Commission to access payment of reasonable attorney’s fees by the State equivalent to those paid under civil legal services programs administered by the Maryland Legal Services Corporation. The Commission is not required to pay a student’s attorney’s fees for representation in a criminal or civil matter. 

Students may select and retain an attorney prior to conclusion of the formal Title IX proceedings. Students will not be discouraged from retaining an attorney.

FORMAL INVESTIGATION PROCESS, Live Hearing with Hearing Officers AND SANCTIONS

If it is determined by the Title IX Coordinator that a complaint alleges conduct that: (1) did not occur against a person in the United States; (2) would not constitute sexual harassment, within the meaning of Title IX, even if proven; or (3) did not occur in a College education program or activity, within the meaning of Title IX, then the complaint will be dismissed for purposes of Title IX only, with written notice provided to the complainant and respondent. Nothing, however, precludes the College from addressing conduct that is outside the scope of Title IX, under other applicable policy or procedures, including the College’s Equal Employment Opportunity Complaint Procedure or Disciplinary Action Policy (for employees), or the College’s Integrity Council Hearing Process. If a complaint is dismissed because the allegations are outside the scope of Title IX, the College will determine whether the complaint alleges conduct that is covered by other College policy, and will then decide the appropriate College procedure for any further investigation and resolution.

When a decision is made to investigate an incident, the Title IX Coordinator will provide a written, detailed notice of investigation to the respondent.  The complainant will also receive written notice. The Notice of Investigation will include sufficient details including the identity of the parties involved, specific policies allegedly violated, the precise misconduct alleged, and the date and location of the alleged incident

The College/Recipient will provide for a prompt, impartial and equitable resolution of complaints of sex discrimination, including sexual misconduct. The College will ensure an adequate, reliable and impartial investigation of complaints, including the opportunity to present witnesses and other evidence.

If warranted, the Title IX Coordinator will remain available to both complainant and respondent to investigate the case, initiate initial supportive measures, inform all parties in writing regarding the initiation of investigation and supportive measures and designate a team of two trained Title IX College investigators to investigate in tandem as neutral parties.

Involved parties have the right to the following:

• Access case files and evidence regarding the incident with personally identifiable information redacted;
• Opportunity to provide testimony to the Hearing Officers during live recorded hearing;
• Opportunity to submit evidence, witness lists and suggested questions to be posed to the other involved party by their advisors during live recorded hearing;
• Opportunity to provide testimony via other means that does not require physical presence with the other involved party;
• Opportunity to review and provide written responses to reports and proposed findings.

The Title IX Coordinator will provide both parties with written notice of any meetings and interviews with sufficient time to prepare for meaningful participation.

The College/Recipient will provide the complainant, the respondent and appropriate officials with timely and equal access to any information that will be used during the informal or formal disciplinary meetings.

Trained investigator(s) will analyze and document the available evidence to support reliable decisions, objectively evaluate the credibility of parties and witnesses, synthesize all available evidence, including both inculpatory and exculpatory evidence, and take into account the unique and complex circumstance of each case. The investigator(s) will be free from conflicts of interest or bias for or against complainants or respondents.

The Title IX Coordinator will inform all parties in writing of the progress of the investigation.

Following their investigation, the investigator(s) will provide the report to the Title IX Coordinator for review. The Title IX Coordinator will arrange an opportunity for each party to review the report.  The complainant and respondent will each be provided ten (10) business days, from the date the report is available for review, to submit to the Title IX Coordinator a written response to the report.  The Title IX Coordinator may make adjustments to the report based on the responses received, and will provide a final review of the report to complainant and respondent on or before  ten (10) business days prior to any scheduled hearing.

If it is determined that the complaint should proceed under the College’s Sexual Misconduct and Gender Based Policy grievance procedure, The Title IX Coordinator will then forward the report, evidence, and any written responses to the trained Hearing Officers.  Prior to the live recorded Hearing with the Hearing Officers, the Title IX Coordinator will confirm the complainant and respondent have advisors to cross question parties involved.  If either the complainant or respondent do not have an advisor available, the College/recipient will assign a trained advisor for cross-questioning during the live hearing.  If an advisor is refused or unavailable, the live hearing will not proceed and may need to be rescheduled.

Three (3) trained Hearing Officers will host a live-recorded hearing where all involved parties, complainant, respondent, and witnesses will be questioned in regards to the complaint and investigation.  The Hearing Officers will question all parties first.  This will be followed by the cross questioning by the complainant’s advisor and then the respondent’s advisor.  The complainant and the respondent will not directly cross-examine each other during the hearing.  After all questioning is complete, the Hearing Officers will make a determination of responsibility.  To reach a finding of responsible, the evidentiary standard of a preponderance of the evidence will be used. This standard is the same standard of evidence used to evaluate any other administrative, academic or disciplinary violation at the College.

The Hearing Officers will determine whether sexual harassment or other gender-based or sexual misconduct has occurred, using a preponderance of the evidence standard.  The Hearing Officers will inform all parties in writing of the decision and sanctions.

The Hearing Officers will be individuals who are trained employees of the College/Recipient.  Three (3) Hearing Officers will be hosting the live, recorded hearing for cross-examination of all parties involved and will make a determination of any policy violation.  Hearing Officers will be free from conflicts of interest or bias for or against complainants or respondents

• The complainant or the respondent may accept the decision and sanctions of the Hearing Officers or appeal the decision or sanctions in writing. See below, Appeal of Hearing Officers’ Decision and Sanctions.

In order to achieve a balanced and fair process for resolving complaints of sexual harassment and misconduct, the following considerations will be afforded to both parties:

• During the investigation, the parties will not cross-question each other.  Cross-questioning will occur during the Live Recorded Hearing by the parties’ chosen advisors after the Hearing Officers have had an opportunity to ask questions.
• No questions or evidence will be permitted about sexual history except for that between the parties, or to prove that someone other than the respondent committed the conduct alleged by the complainant.  
• This policy prohibits consideration of evidence about an involved party’s mental health unless the party has given consent. 
• All proceedings will be concluded within in a timely manner after the initial notice of the complaint, except in the event of extenuating circumstances.
• All parties will be afforded the same opportunity to present witnesses and evidence.
• All parties’ advisors will be afforded the opportunity to cross question with relevant questions to the opposing parties after the Hearing Officers have had an opportunity to ask their questions.
• Adjudication of a complaint by the College will not be delayed because of concurrent criminal or civil investigation or action.
• Supportive measures, such as course schedule adjustments, academic and/or mental health support, escort services, etc., will be provided to the complainant and the respondent as necessary. 
• Parties are permitted to be accompanied by a personal supporter and/or an attorney or non-attorney advocate in accordance with College policy. 
• A “preponderance of evidence” will be the evidentiary standard used to determine a finding of responsible.
• Both parties will be notified, in writing, about the outcome of both the complaint and any appeal.     
• An appeal of the findings will be available to both complainant and the respondent.

APPEAL OF HEARING OFFICERS’ DECISION OR DISMISSAL OF FORMAL COMPLAINT

An appeal must be submitted in writing within 14 days of receipt of the Hearing Officers’ decision to Title IX Coordinator at titleix@carrollcc.edu, A101, who will then forward the appeal to the appeal officer. The complainant and the respondent are each entitled to one appeal.

Appeals are limited to the following reasons and may not be pursued on any other bases:

• Procedural irregularity that affected the outcome of the matter;
• 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; or
• The Title IX Coordinator, investigator(s), or decision-makers had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

The appeal officer will not be the same person as the decision maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator. The appeal officer will review all case information; prior decisions, sanctions imposed, and make a final determination. The appeal officer will be free from conflicts of interest or bias for or against complainants or respondents.

The decision and sanctions determined by the appeal officer will be final. All parties will be informed in writing of the appeal, decision, and sanctions.

These policies and procedures are implemented on an interim basis. The College/ recipient reserves the right to make modifications to the policies and procedures for reasons, including but not limited to, if any court strikes any portions of the 2020 Title IX Regulations (34 C.F.R. Part 106) or any administrative agency orders them suspended or withdrawn.

Approved-March 18, 2015
Revised-May 20, 2015
Revised-August 19, 2015
Revised-August 16, 2016
Revised-November 18, 2016
Revised-June 6, 2019
Reviewed and approved by counsel June 6, 2019
Approved-Board of Trustees June 19, 2019
Revised July 29, 2019
Revised May 29, 2020
Approved-Board of Trustees June 16, 2020
Reviewed and approved by counsel June 29, 2020
Approved-Board of Trustees August 19, 2020