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     Administration --> jhuoie --> Equity Compliance --> Johns Hopkins University Sexual Violence Policy

The Johns Hopkins University
Sexual Violence, Sexual Assault, Relationship Violence, and Stalking Policy

1.         Purpose of this Policy

The Johns Hopkins University is committed to providing a safe educational and working environment for its students, trainees, faculty, staff and other members of the University community.  The University prohibits sexual violence[1] and sexual assault, (which along with sexual harassment, prohibited by the University’s Policy Against Sexual Harassment, are forms of “sexual misconduct”), domestic violence and dating violence (collectively, “relationship violence”), and stalking.  This conduct is disruptive of the learning and working environment of the University’s community members and will not be tolerated by the University.  The University is committed to preventing sexual misconduct, relationship violence, and stalking, as well as addressing its effects on the University community.  The University has adopted this Policy in order to inform students, trainees, faculty, and staff and other members of the University community of their rights and responsibilities in the event they are or have knowledge of someone involved in an incident of sexual misconduct, relationship violence or stalking and of the services available to victims of sexual misconduct, relationship violence and stalking.

2.         Scope of this Policy

This Policy applies to all members of the University community, including, but not limited to, students, trainees, faculty and staff, and it covers prohibited conduct that:  occurs on campus or other University property; occurs in connection with JHU programs or activities, including academic, educational, extracurricular, athletic or other programs and activities; or otherwise affects the University community.  In certain instances, this Policy applies to third parties (e.g., visitors, volunteers, vendors, and contractors while on University property, participating in a University sponsored activity, or providing services to the University, applicants for admission to or employment with the University, and former affiliates of the University).  This Policy applies equally to all regardless of an individual’s sex, gender, sexual orientation, gender identity or gender expression.  All academic and administrative units of the University (including all schools, divisions, campuses, departments and centers) must comply with, and ensure that their policies and procedures comply with, this Policy.

3.         Definitions of Consent and Incapacitation

Sexual activity of any kind requires consent, which is defined as clear and voluntary agreement between participants to engage in the specific act.  

  • Consent cannot be inferred from the absence of a “no.”  A clear “yes”, verbal or otherwise is necessary.  
  • Consent cannot be obtained from someone who is unconscious, incapacitated (including but not limited to mentally incapacitated), asleep or physically helpless.   
  • Consent cannot be obtained by pressure, threat, coercion or force of any kind, whether mental or physical.  Consent means actually agreeing to the act of intercourse or other sexual activity, rather than merely submitting as a result of force or threat of force.
  • Consent cannot be obtained from an individual who is under the legal age of consent. 
  • Consent must be ongoing throughout a sexual encounter and can be revoked at any time.  
  • Consent to some sexual acts does not necessarily imply consent to others.  Past consent does not necessarily imply ongoing or future consent.
  • Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.

As stated above, a person who is incapacitated may not consent.  A person is incapacitated when he or she cannot make a rational, reasonable decision because the person lacks the ability to understand his or her decision.  A person can become incapacitated as a result of disability, involuntary physical constraint, sleep, or consumption of alcohol or other drugs.  

4.         Definitions of Prohibited Conduct

Sexual Violence

Sexual violence encompasses sexual assault and is a form of sexual harassment.  Sexual harassment, which is a form of discrimination, violates federal and state law and the University’s Policy Against Sexual Harassment.

Sexual violence includes physical sexual acts that are performed against a person’s will or where a person cannot give consent.  Physical resistance need not occur to fulfill the definition of sexual violence.  Examples of sexual violence include, but are not limited to:

  • Sexual intercourse or other sexual acts in the absence of consent;
  • Rape (including “date rape”) or attempted rape;
  • Touching, fondling, kissing, or making any unwanted sexual contact with another person’s body;
  • Nonconsensual oral sex; and
  • Sexual assault (defined below), sexual battery, or sexual coercion.

Sexual Assault

Sexual assault includes non-consensual sexual intercourse and non-consensual sexual contact.  Non-consensual sexual intercourse is any act of sexual intercourse with another individual without consent.  Sexual intercourse includes vaginal or anal penetration, however slight, with any body part or object, or oral penetration involving mouth to genital contact.  Non-consensual sexual contact is any intentional touching of the intimate parts of another person, causing another to touch one’s intimate parts, or disrobing or exposure of another without consent. Intimate parts may include genitalia, groin, breast, or buttocks, or clothing covering them, or any other body part that is touched in a sexual manner.  Sexual contact also includes attempted sexual intercourse. 

Dating Violence

Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence

Domestic violence means “abuse” occurring between:

  • current or former spouses or cohabitants;
  • persons who have a child in common; or
  • persons currently or formerly involved in a dating relationship,

where “abuse” means any of the following acts: 

  • an act that causes serious bodily harm;
  • an act that places a person eligible for relief in fear of imminent serious bodily harm;
  • assault in any degree;
  • rape or sexual offense or attempted rape or sexual offense in any degree;
  • false imprisonment; or
  • stalking.

Stalking

Stalking means a malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:

  • of serious bodily injury;
  • of an assault in any degree;
  • of rape or sexual offense or attempted rape or sexual offense in any degree;
  • of false imprisonment;
  • of death; or
  • that a third person likely will suffer any of the acts listed above.

5.         Reporting Sexual Misconduct, Relationship Violence and Stalking

Members of the University community who are the victims of or who have knowledge of an incident of sexual misconduct, relationship violence or stalking prohibited by this Policy are urged to promptly report the incident to the University’s Office of Institutional Equity’s (“OIE”) Director-Title IX Coordinator (contact information below) or another responsible employee identified in the University’s Procedures on Discrimination, Harassment, Sexual Misconduct, Relationship Violence and Stalking.  The University’s responsible employees include academic administrators, supervisors, department heads or chairs, directors, deans, student affairs staff, faculty, human resources personnel, campus security officers, student resident advisors, and athletic coaches.  Persons who are the victims of sexual misconduct, relationship violence or stalking may pursue internal University disciplinary action against the perpetrator in accordance with the University’s Procedures on Discrimination, Harassment, Sexual Misconduct, Relationship Violence and Stalking by bringing a complaint to any responsible employee.  All responsible employees must promptly refer complaints to the Director-Title IX Coordinator. 

Director-Title IX Coordinator

Allison J. Boyle, JD, MPH
The Johns Hopkins University
Office of Institutional Equity
Wyman Park Building, Suite 515
3400 North Charles Street
Baltimore, MD 21218
Telephone: 410.516.8075
Facsimile: 410.516.5300

A victim of sexual violence, sexual assault, relationship violence or stalking is encouraged to immediately notify campus security.  For campus security contact information, please see Appendix A

Important Note re Confidentiality:  As discussed in depth in the University’s Procedures on Discrimination, Harassment, Sexual Misconduct, Relationship Violence and Stalking, responsible employees are required to notify the Title IX coordinator whenever they receive a report of discrimination, harassment, sexual misconduct, relationship violence, or stalking.  If a student, trainee, faculty or staff member desires to keep the details of an incident of discrimination, harassment, sexual misconduct, relationship violence or stalking confidential, he or she should speak with individuals who have a legal obligation to keep communications confidential.  When seeking advice and support, persons who are concerned about confidentiality should discuss their concerns about confidentiality with the person with whom they are speaking.  Unless there is an imminent threat to health or safety, or other basis for disclosure pursuant to law, confidentiality applies when persons seek services from the list of confidential resources in Appendix B.

Student health centers operated by the University have a professional practice of maintaining confidentiality with respect to patient communications; however, under Maryland law medical providers are not afforded the same legal protections with respect to privileged communications as the counseling and religious resources listed in Appendix B.  Individuals should be aware that information shared with student health centers and the counseling and religious resources listed in Appendix B does not constitute a report or complaint filed with the University, i.e., for the purpose of instituting an investigation or disciplinary proceedings.       

6.         Filing a Criminal Complaint with Law Enforcement Authorities

Victims of sexual violence, sexual assault, relationship violence and stalking will be advised by campus security and/or the Director-Title IX Coordinator of their option to file criminal charges with local police of the jurisdiction where the offense occurred.  Campus security and/or the Director-Title IX Coordinator will provide assistance to a victim wishing to reach law enforcement authorities.  Contact information for local law enforcement authorities is available at Appendix A.  Further information on filing a criminal complaint with law enforcement authorities is provided in the University’s Procedures on Discrimination, Harassment, Sexual Misconduct, Relationship Violence and Stalking

7.         Counseling, Medical and Immigration Resources

The University will provide counseling to any member of the Hopkins community who is a victim of a sexual misconduct, relationship violence or stalking, and will provide information about other campus and community-based victim services.  Counseling may be obtained whether or not an individual elects to file a complaint.  Contact information for campus-based counseling, medical and immigration resources is available in Appendices B and C and on the JHU Sexual Assault Response and Prevention Website

8.         Medical Treatment and Preservation of Evidence

Victims of sexual violence, sexual assault and relationship violence are strongly encouraged to seek immediate medical attention in order to treat injuries, test for and treat sexually transmitted diseases, test for pregnancy, and access emergency contraception, if desired.  Additionally, rape treatment centers can perform a rape evidence collection procedure and test for “date-rape” drugs.  A medical exam at a rape treatment center is an important way for a health provider to properly collect and preserve evidence that may be necessary to establish proof of criminal sexual violence, sexual assault, or relationship violence, or in obtaining a civil no-contact order or protection or peace order. 

If possible, a victim should not shower, bathe, wash, douche, brush hair, drink, eat, or change clothes or bedding before going to the hospital or seeking medical attention.  If the victim decides to change clothes, he or she should not wash the clothes worn during the assault and should bring them to the hospital or medical facility.  These steps are important to help preserve evidence for possible use in legal actions to prove a crime has occurred or is occurring, or requests for a civil no-contact order or protection or peace order.  Because evidence dissipates quickly, victims who wish to preserve evidence are encouraged to seek medical attention as soon as possible after the incident, usually within 48 hours.

At the victim’s request, campus security will arrange for transportation to the nearest hospital. Victims of sexual violence and sexual assault in Baltimore City will be taken to Baltimore City’s designated rape treatment center: Mercy Hospital, 345 St. Paul Place Baltimore, MD 21202, 410.332.9000.  Mercy Hospital is equipped with the State Police Sexual Assault Evidence Collection Kit and has medical staff trained to assist victims of sexual violence and sexual assault with physical examination, evidence collection, and assistance with pursuing a complaint with the Baltimore City Police, if a victim so desires.  For additional medical centers equipped with forensic services in the Baltimore and Washington, DC metro areas, please see Appendix D or visit the JHU Sexual Assault Response and Prevention Website.  Victims in other cities should contact the closest local hospital and inquire about the nearest hospital equipped with medical forensic services.  In circumstances of sexual violence or sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and sexually transmitted disease.

Victims of sexual violence, sexual assault, relationship violence, and stalking are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, which would be useful to University investigators, hearing boards and law enforcement authorities.

Although the University strongly encourages all members of its community to report violations of this Policy to law enforcement authorities, it is the victim’s choice whether or not to make such a report and victims have the right to decline involvement with law enforcement authorities. The University’s Title IX Coordinator or Campus Security will assist any victim with notifying local law enforcement authorities if they so desire.

As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, disciplinary proceedings, possible prosecution, or obtaining protective or peace orders related to the incident more difficult. If a victim chooses not to make a complaint regarding an incident, he or she nevertheless should consider speaking with campus security or law enforcement authorities to preserve evidence in the event that the victim changes her or his mind at a later date.

9.         Investigation and Resolution Procedures

The University may independently discipline students, trainees, staff and faculty who have committed an offense of sexual misconduct, relationship violence or stalking whether or not the victim is a member of the University community and whether or not criminal charges are pending.  The University’s Procedures on Discrimination, Harassment, Sexual Misconduct, Relationship Violence and Stalking provide detailed information on the availability of interim accommodations, the investigation and resolution of complaints of sexual misconduct, relationship violence and stalking, including the procedural rights afforded to the victim and accused, confidentiality, notification rights, and possible sanctions, or disciplinary or protective measures. 

10.       Education and Training

Primary and Ongoing Prevention and Awareness Programs

The University has education programs to promote prevention and awareness of sexual harassment, sexual violence and sexual assault for students and employees.  The University has also made substantial progress toward developing and will be implementing enhanced orientation training for new students and employees, as well as enhanced ongoing prevention and awareness campaigns for students and employees that address relationship violence and stalking in addition to sexual harassment, sexual violence and sexual assault.  For information regarding training programs, including online training, contact the Office of Institutional Equity.

Bystander Intervention Training (BIT) Programs

The University’s education also includes safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of sexual violence, sexual assault, relationship violence and stalking against a person other than such individual.  BIT programs help students identify situations of concern, and provide knowledge and tools to encourage safe and successful interventions. If you would like to schedule a BIT program for your student group, please contact Alyse Campbell at 410.516.5133 or acampb39@jhu.edu.

Updated: September 30, 2014


APPENDIX A

CAMPUS SECURITY & LOCAL LAW ENFORCEMENT AUTHORITIES

APPENDIX B

CONFIDENTIAL RESOURCES

The Johns Hopkins University Counseling Center
Serves full-time undergraduate and graduate students from the KSAS, WSE and Peabody without charge.
3003 N. Charles Street, Suite S-200
Baltimore, Maryland 21218
Telephone:  410.516.8278
http://web.jhu.edu/counselingcenter
http://www.peabody.jhu.edu/4055  

Johns Hopkins Student Assistance Program (JHSAP)
Serves graduate and professional students, and immediate family members, without charge.
East Baltimore Campus                Johns Hopkins @ Eastern
550 North Broadway                    1101 East 33rd Street, Suite C100
Baltimore, MD 21205                   Baltimore, MD 21218
Telephone: 443.997.7000             http://www.jhsap.org
*Other locations include Bayview, Columbia, and Washington, DC

UHS University Mental-Health Services
Serves BSPH, SOM, and SON students, residents, fellows and trainees and their spouses or domestic partners.
Telephone:  410.955.1892
Available by telephone 24/7.Press “0” to speak with the on-call psychiatrist in an emergency.

Faculty and Staff Assistance Program (FASAP)
Serves faculty and staff, and immediate family members, without charge.
East Baltimore Campus                Johns Hopkins @ Eastern
550 North Broadway                    1101 East 33rd Street, Suite C100
Baltimore, MD 21205                    Baltimore, MD 21218
Telephone: 443.997.7000             http://www.fasap.org
*Other locations include Bayview, Columbia, and Washington, DC

JHU Sexual Assault Helpline
Students may talk with an on-call counselor 24/7.
Telephone: 410.516.7333

Sexual Assault Prevention, Education, and Response Coordinator
Serves as a confidential source for students or helps students navigate reporting.
Alyse Campbell
3003 N. Charles St. S183
410.516.5133
acampb39@jhu.edu

Chaplain, BuntingMeyerhoff Interfaith and Community Service Center
3400 North Charles Street
Baltimore, MD 21218
Telephone: 410-261-1880
http://web1.johnshopkins.edu/chaplain/index.php/staff.html


APPENDIX C

ON-CAMPUS MEDICAL AND IMMIGRATION RESOURCES

University’s Health Center
Homewood Campus
3003 North Charles Street, Suite 200
Baltimore, MD 21218
Telephone: 410.516.8270

Health Services Center
933 N. Wolfe Street
Baltimore, MD 21205
Telephone: 410.955.3250

Office of International Services at Homewood
The Johns Hopkins University
3400 N. Charles Street
358 Garland Hall
Baltimore, MD 21218
Telephone: 410.516.1013
http://oisss.jhu.edu/

Office of International Services at Medical Institutions
Reed Hall, Suite 405
1620 McElderry Street
Baltimore, Maryland 21205
Telephone: 410.955.3371
http://ois.johnshopkins.edu/Contact_Us/

International Student and Scholar Services
Telephone: 202.663.5672
Electronic Mail: sais-isss@jhu.edu
http://www.sais-jhu.edu/resources/international-student-and-scholar-services/isss-office-information


APPENDIX D:

HOSPITALS IN MARYLAND AND WASHINGTON D.C. METRO AREAS

Baltimore City

Mercy Hospital (24/7)
301 St. Paul Place
Baltimore, MD 21011
Telephone: 410.332.9000
http://mdmercy.com/departments-and-services/emergency-department

Anne Arundel County

Anne Arundel Medical Center
2001 Medical Parkway
Annapolis, MD 21401
Telephone: 443.481.1200

Baltimore Washington Medical Center
301 Hospital Drive
Glen Burnie, MD 21061
Telephone: 410.787.4328

Baltimore County

GBMC (24/7)
6701 North Charles Street
Towson, MD 21204
Telephone: 443.849.3323
http://www.gbmc.org/safe

Carroll County

Carroll Hospital Center
200 Memorial Avenue
Westminster, MD 21157
Telephone: 410.871.6655

Howard County

Howard County General
5755 Cedar Lane
Columbia, MD 21044
Telephone: 410.740.7777

Montgomery County

Shady Grove Adventist Hospital
9901 Medical Center Drive
Rockville, MD 20850
Telephone: 240.826.6000

Washington, DC

MedStar Washington Hospital Center (24/7)
110 Irving Street, N.W.
Washington, D.C. 20010
Telephone: 800.641.4028
http://dcsane.org


[1] The term “sexual violence” as used in this Policy includes “sex offenses,” which includes “forcible sex offenses” and “non-forcible sex offenses.” A “forcible sex offense” is any “sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent” and includes forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling. A “non-forcible sex offense” means “unlawful, nonforcible sexual intercourse” and includes incest and statutory rape. 34 CFR Part 668, Subpart D, Appendix A.

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