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Sexual Violence and Assault

As required by the Campus Security Act of 1990, amended by the Higher Education Technical Amendments of 1991, and the Higher Education Amendments of 1992 and 1999, all colleges and universities receiving federal funds are required to establish and distribute policies and procedures regarding sexual assault. MICA’s Sexual Violence and Assault Policy includes definitions of terms, complaint procedures for students and employees, and descriptions of relevant counseling and education programs to prevent sexual violence and assault. If you have any questions or concerns about the policy, please feel free to contact the Office of Student Affairs.

Policy

It is the policy of Maryland Institute College of Art (hereinafter, "College") that no person (including students, employees, faculty members, or visitors) may physically or verbally threaten the physical or mental well-being of any other person while on College-owned, -leased, or -controlled property through the commission of any form of sexual violence, including sexual assault, through forcible or non-forcible sexual offenses as defined below under Definitions. This includes any act of intimate partner violence. Sexual assault is a criminal act of violence. When a sexual assault or other crime occurs, it creates an environment of concern and tension throughout the campus and surrounding community. The College's policy is designed to provide an environment that responds promptly and with sensitivity to the needs of victims, that respects the rights of the accused, and addresses the concerns and safety of the community.

Definitions

"Forcible sexual assault"

Any sexual act, sexual contact, or vaginal, anal, or oral intercourse directed against another person by force or threat of force, against the will and without the consent of that person, even if that person is incapable of giving consent.

  1. Forcible rape
  2. Forcible sodomy
  3. Sexual assault with an object
  4. Forcible fondling

"Non-forcible sexual assault"

Unlawful, non-forcible sexual intercourse.

  1. Incest – non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law
  2. Statutory Rape – non-forcible sexual intercourse with a person who is under the statutory age of consent.

"Sexual Act"

Oral, anal, or genital intercourse, even if semen is not emitted. Penetration, however slight, is evidence of intercourse. “Sexual Act” also means the penetration, however slight, by any object entering the genital or anal opening of another person’s body if the penetration can be reasonably construed as being for the purposes of sexual arousal or gratification or for abuse of either party if the penetration is not for accepted medical purposes.

"Sexual Contact"

The intentional touching of the anal or genital areas, or other intimate parts, for the purpose of sexual arousal or gratification or abuse of either party. This does not included acts commonly expressive of familial or friendly affection, or acts for accepted medical purposes.

"Dating Violence"

Any controlling, abusive, or aggressive behavior in a romantic relationship. It can include verbal, emotional, physical, or sexual abuse.

"Stalking"

Any 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, assault, sexual violence, or other traumatic event.

"Domestic Violence"

Any violence, or incident of crime, against a current or former spouse, a current or former cohabitant, or a person with whom the individual has, or has had, a sexual or non-sexual intimate relationship.

"Consent"

In order to provide consent an individual must agree, approve, assent, give permission, or voluntarily comply or yield to the action. Consent should be expressed, clear, definite, exact, and un-mistaken. Consent cannot be obtained through the use of force, threat, or intimidation. Consent cannot be given by a person who is asleep, unconscious, or lacks the capacity to consent due to the use of alcohol or drugs or other factor. Silence does not constitute consent, and previous consent to any sexual act does not mean consent for the current action.

What To Do If You Are Sexually Assaulted

  • Get to a safe place as soon as possible.
  • To get help, call the police at 911 (dial 9, then 911 if you are calling from a campus phone) as soon as possible after the assault has occurred.
  • Contact someone you trust to be with you and help you deal with the trauma of having been violated. If you wish, you may contact the Director of Counseling, to assist you (410-225-2367). See “Who to Call” below for more information. After business hours, contact the Campus Safety Dispatch Desk at 443-423-3333 (ext. 3333 on campus). Your situation will be handled with confidentiality.
  • Try to preserve all evidence. Do not throw away clothes or wash, douche, or change. If you must change clothing, put all clothing you were wearing at the time of the attack in a paper (not a plastic) bag.
  • Document any injury you suffered either by photograph or by showing someone you trust.
  • To maintain all your legal options, physical evidence should be collected within 24 hours of the attack, because with the passage of time, the quality and quantity of evidence may diminish. Please note: Many emergency rooms request that you call the police prior to arriving at the emergency room. It is the decision of the person assaulted whether or not to file charges. If a charge is filed with the police, the state picks up the cost of medical care provided at the emergency room. If a charge is not filed, the person assaulted will have to pay medical costs incurred.
  • Get medical attention as soon as possible to treat any physical injury and to prevent the possible consequences of venereal disease or pregnancy, as well as to preserve evidence and to document internal and external damage and injury.
  • Until police have dusted for fingerprints, try not to touch any smooth surfaces that the assailant may have touched.
  • Reporting a sexual assault is a separate step from choosing to prosecute. When a report is filed, you are NOT obligated to continue with the police criminal justice system or the campus disciplinary action process. The College will provide confidential counseling, emotional support, and immediate emergency services.
  • After the assault, let your answering machine pick up and record telephone calls. Save any tape recordings that are suspicious.
  • Do not try to confront your assailant. Let the police know if there is further contact with the assailant.

Who To Call If You Are Sexually Assaulted

If you are a victim of sexual assault or sexual violence please seek immediate support. MICA's Student Counseling, Student Affairs, and Campus Safety staff are available 24 hours a day and are trained to support students in emergencies. Contact information for these offices, as well as other resources, is below.

A victim of sexual assault has the right to file charges, and, at the victim’s request, MICA will promptly assist in notifying appropriate law enforcement officials. If you would like assistance from someone outside MICA, call the Sexual Assault Center Hotline at 410-828-6390.

Personal Counseling

During standard business hours, call 410-225-2367. In an emergency, contact Campus Safety's emergency line (443-423-3333) and ask to speak with the counselor-on-call.

Campus Safety Office

Campus Safety can be reached 24 hours a day at 443-423-3333, or extension 3333 on campus.

If you need help and support from a College staff member after hours, call Campus Safety and tell them you have an emergency. You do not need to describe the emergency. Ask them to call the College patrol officer, the Student Affairs staff member on call, or the Counselor on call. They will refer you to a person who can help you.

Student Health Services

Student Health Services can be contacted at 410-225-4118. During normal business hours a staff member will work with you to arrange for an immediate visit with one of the staff on hand. After hours or on weekends please follow the instructions for information on accessing immediate medical care.

Office of Student Affairs

The Office of Student Affairs is staffed by the Vice-President and Dean for Student Affairs, as well as the Associate Dean for Student Life and Judicial Affairs, the Associate Dean for Student Health and Wellness, and the Student Development Specialist. Please contact the Office of Student Affairs during normal business hours at 410-225-2422. In the event of an afterhours emergency please contact Campus Safety at 443-423-3333 and ask to speak with the Student Affairs Dean on Call.

The Office of Student Affairs can also assist in connecting students with legal support upon request.

Sexual Assault Centers

Support, advocacy, and referral service for victims of sexual assault (i.e., rape, incest, and domestic violence) is provided by TurnAround Inc.

  • For Appointments: 410-377-8111
  • TurnAround Hotline: 443-279-0379

Where To Go For Medical Attention

Each of the following hospitals has a rape crisis protocol and the Maryland State Police Sexual Assault Evidence Kit.

Baltimore City Hospital Emergency Room

Mercy Hospital
301 Saint Paul Place
410-332-9477

Baltimore County Hospital Emergency Rooms

Franklin Square Medical Center
9000 Franklin Square Drive
443-777-7046
Greater Baltimore Medical Center (GBMC)
6701 North Charles Street
443-849-2225

Complaint Procedures

Victims of forcible or non-forcible sexual assault are encouraged to report any crime to the Student Affairs Office, one of the College’s personal counselors, or Campus Safety. These departments are staffed with people who will promptly assist the victim of any sexual assault to contact medical professionals, law enforcement professionals, and campus disciplinary authorities if the victim chooses to do so and to arrange for transportation to appropriate medical services. A staff member will also accompany a victim to medical services and assist the victim in contacting law enforcement professionals if the victim so desires.

Victims of sexual assault are urged to contact law enforcement and medical personnel as soon as possible after the occurrence of a sexual assault in order to receive legal, medical, and emotional guidance and to preserve evidence needed to apprehend and successfully prosecute assailants. It is, however, the victim’s right to choose or decline to make a report to the police or to register a formal complaint with the College. All information provided by the victim will be confidential (disclosed on a "need to know" basis) except as authorized by the victim or as required by law. The victim may also request the guidance of the personal counselor to assist the victim in making decisions about the reporting process or to get support and assistance such as:

  • Requesting that the counselor arrange for transportation and accompany the victim to the hospital.
  • Making decisions regarding filing a criminal report with the police or making a formal report to Maryland Institute College of Art.
  • Requesting the counselor’s presence and support if he or she decides to report the assault to the police.

In addition, the victim will be provided with information regarding local rape crisis programs such as TurnAround and other counseling services. Further, an alleged victim will have an opportunity to be transferred to alternative classes or housing if available and feasible. Other Student Affairs staff members can also be approached for assistance in these matters if the victim so chooses.

Student Disciplinary Procedures

The campus student disciplinary process is not a criminal proceeding and does not take the place of such. Student disciplinary proceedings are independent of civil or criminal proceedings and may go forward regardless of action taken (or not taken) by law enforcement agencies. Clearly, violations of sexual assault laws are subject to criminal and civil prosecution and may be referred to law enforcement agencies for disposition.

Students may also choose to report an on-campus sexual assault to the Vice President for Student Affairs and request that a student disciplinary process take place. Sexual assault complaints brought by a student against another student will be dealt with through the student disciplinary system. When adjudicating such matters, the College will rely on a "more likely than not" standard to determine responsibility. Depending on the particular situation, the Vice President for Student Affairs or a designee may choose to hear the case himself or herself, but most likely will choose to convene a hearing board to determine the relevant facts of the case. The board will have a goal of completing its investigation within twenty (20) working days of the date on which it receives the complaint. If the board determines that it cannot complete its investigation within this time frame, the person making the complaint and the accused will be notified in writing of the expected time frame for completion as well as the reasons for the delay. Once the facts of the case are determined, the Vice President for Student Affairs will arrive at possible sanctions. Possible sanctions for committing sexual assault include, but are not limited to, the following:

  • Disciplinary warning
  • Mandatory psychological assessment and possible referral for therapy (expense to be borne by the student)
  • Housing probation or dismissal from housing (if student lives in College-owned housing)
  • Disciplinary probation
  • Suspension or dismissal from Maryland Institute College of Art

Victims of sexual assault are entitled to certain rights in accordance with the Campus Sexual Assault Victim Bill of Rights (PL 102-325. Section 486[c].) On-campus disciplinary hearing procedures guarantee that:

  1. The accuser and accused are entitled to the same opportunities to have others present during the hearing.
  2. Both the accuser and the accused shall be informed of the outcome of the disciplinary proceeding alleging a sexual assault.
  3. The accuser and the accused will be treated with dignity, courtesy, and professionalism.
  4. Although state and federal law requires statistical reporting of campus sexual offenses, the victim’s right to choose whether or not to file criminal charges will be upheld.

Any student involved in this process may seek out or request the support of an advisor within the MICA community. While any community member may be approched, some individuals have recieved unique training in order to be best prepared to advise a student involved in a potential sexual assault or violence incident. Those individuals are:

  • Ken Dippong, Director, Academic Advising
  • Nicole Evans, Academic Advisor
  • Pat Farrell-McLaughlin, Director, Student Counseling
  • Marsha Hammond, Assistant Director of Career Development for Design & Media
  • Clyde Johnson, Assistant Dean, Office of Diversity and Intercultural Development
  • Marcella Korn, Academic Advisor
  • Kristin Lang, Assistant Director, Office of Student Activities
  • Karol Martinez, Director, Office of Student Activities
  • Kristen Smith, Assistant Director, Office of Student Activities
  • Scott Stone, Director, Office of Residence Life and Off-Campus Housing
  • Meaghan Zink Denham, Program Coordinator, Office of Career Development

MICA reserves the right to protect individual or community safety and to act as needed on an interim manner pending the resolution of a complaint. This may include but is not limited to the interim suspension or an accused student, the relocation of a student residing on-campus, the alteration of a student's course schedule, or the establishment of no contact/stay away orders.

Disciplinary Procedures Applied to Employees

A campus disciplinary proceeding in which an employee of MICA is the accused is not a criminal proceeding and does not take the place of such.

Disciplinary proceedings can take place concurrently with criminal and civil proceedings. Clearly, violations of sexual assault laws are subject to criminal and civil prosecution and may be referred to law enforcement agencies for disposition.

In a sexual assault case in which the accused is a faculty or staff member (an employee of MICA), complaints may be brought against the employee through the Sexual Harassment Board. In such a proceeding, the following procedures shall be followed:

  1. The accuser and accused are entitled to the same opportunities to have others present during the hearing.
  2. Both the accuser and the accused shall be informed of the outcome of the disciplinary proceeding alleging a sexual assault.
  3. The accuser and the accused will be treated with dignity, courtesy, and professionalism.
  4. Although state and federal law requires statistical reporting of campus sexual offenses, the victim’s right to choose whether or not to file criminal charges will be upheld.

Possible sanctions for committing sexual assault as an employee of MICA include, but are not limited to, one or more of the following: counseling, reprimand, suspension, or termination of employment.

Student employees who are enrolled in MICA’s degree programs will be dealt with through the student disciplinary system.

Sexual Assault Awareness - Educational & Counseling Programs

MICA provides an array of educational programs and resources aimed at reducing or eliminating sexual violence. Examples of such programs are as follows:

  • Rape Aggression Defense (RAD) training for women
  • Resisting Aggression with Defense training for men
  • Bystander training
  • 360 Degree Stay Safe video series
  • "Safety Walk" program
  • Intimate Partner Violence education
  • "One is too Many" educational campaign
  • Alcohol and other drug abuse education

In addition, written information on the topics listed above will be available to students along with published crime statistics. Students also have the opportunity for on-campus confidential assessment and counseling, and referral for treatment to off-campus, community-based counseling services.

Statistical Reporting of On-Campus Incidents

Since September 1, 1993, MICA, through its Campus Safety Guide, has published and distributed on-campus crime statistics, which include forcible and non-forcible sexual offenses, to all current students and employees. In addition, this document is provided to any applicant for enrollment or employment upon request. Anyone wishing more information is encouraged to contact the Office of Student Affairs, Admission Office, or the Human Resources Department.

Updated: October 2013