UMBC Title IX Lawyer: A Guide for Student Respondents

Students who look for a UMBC Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how the University of Maryland, Baltimore County (UMBC) handles a complaint of sex-based harassment or sexual misconduct against a student under its posted documents. Your own notice, and the policy version that applies to your case, control the actual steps and deadlines.

Which policy applies

UMBC’s process is set out in its Interim Policy on Sex Discrimination, Sex-Based Harassment, and Sexual Misconduct (UMBC policy VI-1.60.01), run by the Office of Equity and Civil Rights (ECR). The policy and its procedures are in one document. It lists an effective date of August 1, 2024 and is labelled "Policy Version No. V." UMBC’s policy library and ECR’s Title IX pages link this interim policy, and ECR’s syllabus guidance for 2026-2027 still refers to it.

The policy says it applies only to conduct that occurs on or after August 1, 2024. For earlier conduct, it says "the policy and procedures in place at the time of the alleged incident apply," and ECR posts those earlier versions on a Former Policies page. The policy was written for the 2024 federal Title IX regulations, and its first footnote says that if a court delays, stays, or strikes down any part of those regulations, UMBC will make any necessary changes or "may revert to or retain the August 2020 version of this Policy." The version that applies to you can depend on your incident date and your notice date, so confirm it with ECR.

Where the USM Board of Regents fits

UMBC is part of the University System of Maryland (USM). The Board of Regents’ Policy on Sex Discrimination (VI-1.60) applies to students at every USM campus. It requires each campus to "adopt and publish a policy (or policies)" that meets system minimums, including procedures for sexual harassment complaints with a live hearing and an appeal. UMBC’s interim policy is UMBC’s own policy under that system rule, and it supplies the offices, steps, and deadlines described on this page. The USM policy does not set UMBC’s appeal deadlines, and it does not describe a Board-level appeal for students.

The USM policy was amended again on December 12, 2025, after UMBC’s posted policy took effect. UMBC’s policy still lists the USM policy as "Amended July 31, 2024." The two documents also define harassment differently. The USM policy requires each campus to adopt its definition of sexual harassment, whose hostile-environment part covers conduct "so severe, pervasive, and objectively offensive" that it denies equal access. UMBC’s posted policy uses a different "Sex-Based Harassment" definition, whose hostile-environment part covers conduct that is severe or pervasive, alongside a separate category for sexual harassment under the 2020 federal regulations. Ask ECR which definitions and which version apply to your case.

The Code of Student Conduct is run by the Office of Student Conduct and Community Standards. It says students are also subject to UMBC’s sexual misconduct policy, which is "separate from the Code of Student Conduct standards and procedures," though it still refers to that policy by an older name. The Code matters here mainly for interim suspension and for any charges handled as Code cases.

Report vs. formal complaint

A report and a complaint are different. Under the policy, reporting "does not require that a person file a complaint, or request that the University take any action or investigate the conduct." Reports can be made in person, by mail, phone, e-mail, online form, or verbally to the Title IX Coordinator, and anonymous reports are allowed. There is no time limit on reporting, although a significant delay can limit what UMBC is able to do.

A complaint is "an oral or written request to the University that objectively can be understood as a request to investigate and make a determination about alleged Prohibited Conduct." Complaints of sex-based harassment are put in writing. A complainant who wants an investigation must agree that UMBC will give the respondent a Notice of Investigation. The Title IX Coordinator can also start a complaint, in the Coordinator’s sole discretion, when the alleged conduct presents an imminent and serious threat to someone’s health or safety or prevents UMBC from ensuring equal access. The Coordinator weighs listed factors and notifies the complainant first.

Early steps after notice

After receiving notice or a complaint, the Title IX Coordinator or a designee does an initial assessment, which is "typically five (5) business days in duration." It covers whether the complainant wants formal or informal resolution, whether the policy applies, and whether an emergency removal is needed. This is a school target, not a deadline for you.

If a formal process begins, you receive a written Notice of Investigation. It gives details of the allegations "with sufficient time to prepare a response before any initial interview," and it states that the respondent is presumed not responsible until the process ends. It also explains your right to an advisor and support person, to supportive measures, and to review the evidence, and it warns that knowingly giving false information is prohibited. Notices can be delivered in person, by mail, or to your UMBC e-mail, and the policy presumes a notice is delivered once it is mailed, e-mailed, or handed to you.

Other points from the policy:

• The standard of evidence is preponderance of the evidence.
• UMBC generally seeks to resolve a complaint within sixty to ninety (60-90) business days after receiving it, not counting any appeal, and to finish investigations within forty-five to sixty (45-60) business days after the Notice of Investigation. Both are targets that can be extended for good cause with written notice.
• UMBC usually does not wait for a criminal case to finish, though it may pause briefly at the request of law enforcement during early evidence gathering.
• Counterclaims are checked for good faith, and counterclaims made to retaliate are not permitted.

The policy defines "days" as business days, not counting days the University is closed for weather, emergencies, or observed holidays. Some policy deadlines say "business days" and others say "days"; this page repeats each one as the policy writes it. The Code of Student Conduct has its own definition for Code deadlines.

Dismissal and dismissal appeals

The Title IX Coordinator must dismiss a written complaint of sexual assault, dating violence, domestic violence, stalking, or sexual harassment under the 2020 regulations if the conduct, even if proven, would not meet those definitions, or if it did not occur in UMBC’s education program or activity or against a person in the United States. The Coordinator may also dismiss for other listed reasons, such as a written withdrawal by the complainant, a respondent who is no longer participating in UMBC’s programs, or circumstances that prevent gathering enough evidence. A dismissal is procedural, and UMBC can still address the conduct under another policy.

Either party can appeal a dismissal. The policy says the request must be sent in writing to the Title IX Coordinator "within five (5) business days of the delivery of the notice of dismissal." Use the deadline in your own dismissal notice and confirm it with ECR.

Investigation and evidence

The Title IX Coordinator appoints a trained investigator, who may be from ECR or from outside UMBC. The burden of gathering evidence is on UMBC, not on the parties. You can present fact and expert witnesses and other evidence. Interviews are recorded, and the recording or transcript is provided to the parties for review. You are expected to answer questions yourself.

Before the report is final, you and your advisor receive a draft investigation report and the evidence, including evidence UMBC does not plan to rely on. You then have at least ten (10) days to submit a written response and any follow-up questions you want the investigator to ask. The investigator must explain any question that is excluded. Investigators do not reach conclusions or make recommendations. The final report goes to you at least ten (10) days before any hearing or review meeting, and you may submit a written response for the decision-maker.

Some evidence cannot be used even if it is relevant, including privileged information, treatment records without written consent, a student’s mental health history without consent, and information obtained in violation of law, such as recordings made without the consent the law requires. Evidence about a complainant’s prior sexual conduct is limited to narrow exceptions, and the policy says the fact of a past consensual relationship between the parties does not by itself show consent.

Parties and advisors may not share the University’s work product from the case (materials it produced for the investigation and resolution) without authorization from the Title IX Coordinator. The policy still lets you gather and present evidence, speak with witnesses (as long as it is not retaliation), and consult family, advisors, and others.

Advisor and hearing

You may have an advisor and a support person of your choice throughout the process. The policy says an advisor "may be an advocate, attorney, union representative, friend, family member, or any other individual a party chooses." No more than two people may accompany you at any hearing, meeting, or interview. Your advisor can consult with you privately but cannot testify or give statements for you. Advisors are asked to sign a confidentiality notice and FERPA waiver, and UMBC may decline to share materials with an advisor who has not signed them.

UMBC’s policy also says that a current or former student who responds to a complaint on which a Title IX investigation is started, and who was enrolled at the time of the incident, may have access to counsel paid for by the Maryland Higher Education Commission (MHEC). MHEC keeps a list of attorneys who will take these cases for free or at reduced fees, and attorneys may seek reimbursement subject to available funding. Ask ECR or MHEC whether your case qualifies.

A single trained decision-maker, who cannot be the Title IX Coordinator or the investigator, decides whether a policy violation occurred and any sanctions. UMBC generally seeks to schedule the hearing or review meeting within twenty (20) business days after the final report. The notice names the decision-maker and explains how to challenge them for bias or conflict of interest. Your case goes to one of two formats:

• Live hearing. Under the policy’s definitions, this is used for sex-based harassment (including sexual assault, dating violence, domestic violence, and stalking) and for sexual harassment under the 2020 federal regulations. Your advisor questions the other party and witnesses directly, and cross-examination is "never by a party personally." The decision-maker rules on whether each question is relevant before it is answered. If you have no advisor at the hearing, UMBC must provide one at no charge to conduct cross-examination for you. The decision-maker cannot base a finding of responsibility solely on a party’s absence or refusal to answer questions.
• Review meeting. Under the definitions, this is used for sexual misconduct (indecent exposure and sexual exploitation), sex discrimination, retaliation, and failure to comply. The investigator and each party speak for up to fifteen (15) minutes. The parties cannot question each other; instead, they submit questions for the decision-maker to ask, "no later than five (5) business days prior to the date of the Review Meeting." The decision-maker may give less or no weight to a statement from someone who refuses relevant questions, but cannot infer from that refusal that the conduct occurred.

The review meeting section of the policy also lists "Sexual Harassment" among the matters it covers, so the two parts of the policy do not line up exactly. Your notice should show which format UMBC is using; ask ECR if it is unclear. Hearings and review meetings are recorded, and the recording or transcript is provided to the parties.

The written determination explains the findings, the reasons, any sanctions, and how to appeal. UMBC generally seeks to issue it within ten (10) days after the hearing or review meeting ends.

Sanctions

Student sanctions under the policy can include no-contact orders, housing restrictions (including removal from campus housing), community service, educational requirements, a written warning, reprimand, probation, suspension, or dismissal. UMBC may not impose a sanction unless the process ends in a finding that you engaged in prohibited conduct. The decision-maker may consult other offices about prior discipline and sanctions in similar cases.

Informal resolution

At any time before a finding, UMBC may offer informal resolution, such as mediation, if all parties give voluntary, written consent. No one can be required to take part. Informal resolution is not available for allegations of sexual assault or sexual coercion. Any party can withdraw before an agreement is reached, but an agreement ends the formal process for the same allegations. No formal investigation takes place and no formal findings are issued.

Supportive measures

Supportive measures are non-disciplinary, non-punitive, and free, and the ECR Case Manager offers them to both complainants and respondents, with or without a complaint. Examples in the policy include counseling, deadline extensions, class schedule changes, incomplete grades, leaves of absence or withdrawal, housing changes, campus escorts, restrictions on contact between the parties, and limits on access to certain facilities or activities while a report is pending.

If you disagree with a decision about supportive measures, you can ask the Title IX Coordinator in writing to change it. The policy says the request "should be submitted to the Title IX Coordinator within five (5) business days of receipt of the initial decision" of the Case Manager, and the Coordinator can extend that for good cause. Violating a no-contact order or other restriction can be treated as a separate policy violation and sent to a review meeting.

Emergency removal and interim suspension

UMBC has two separate removal tools, with different decision makers and different windows:

• Emergency removal (UMBC policy). UMBC can remove a student respondent from its programs in whole or in part when a risk assessment finds an immediate threat to someone’s physical health or safety. You get written notice and information on how to challenge it. The policy says "The Respondent will have two (2) business days to appeal the Emergency Removal decision by submitting a written summary of their objections" to the Title IX Coordinator, counted after you receive the notice, or the appeal is waived. A challenge leads to a meeting with the Vice President for Institutional Equity or a designee. UMBC uses the least restrictive measures it can, such as removal from a residence hall, limits on facilities, or suspension from activities or athletics.
• Interim suspension (Code of Student Conduct). The Vice President for Student Affairs or a designee can suspend or restrict a student from campus, without prior notice, pending a conduct review or safety evaluation when the student’s presence poses a substantial threat. You may ask the Vice President in writing for a review, and the Code says a response "will be made within five (5) days from the date of receipt of the request." The Code sets no deadline for asking. It also says an interim suspension "shall be followed, within ten (10) days, by an opportunity to have a Pre-Hearing Conference or Student Conduct Hearing."

Follow the steps in your own removal or suspension notice and confirm the deadline with ECR or the Office of Student Conduct and Community Standards.

Appeals

Under the UMBC policy, either party may appeal the written determination. The policy says a Request for Appeal "must be submitted in writing to the Title IX Coordinator within five (5) days of the delivery of the written determination." The grounds are:

• a procedural irregularity that affected the outcome;
• new evidence that was not reasonably available when the determination was made and that could affect the outcome;
• a conflict of interest or bias by the Title IX Coordinator, investigator, or decision-maker that affected the outcome; or
• a sanction that was excessive or insufficient.

Mere dissatisfaction with the outcome is not enough. The other party gets five (5) business days to respond. A different trained decision-maker decides the appeal and seeks to issue a written decision within five to seven (5-7) business days after receiving the responses. The determination becomes final when the appeal decision is issued, or when the time to appeal runs out. The policy does not say whether sanctions are paused during an appeal, so ask ECR.

The Code of Student Conduct has a different appeal route for Code cases. A written Notice of Intent to Appeal is due "within two (2) days of the date of issuance of the decision," and the written appeal is due within four (4) days of that date, both to the Office of Student Conduct and Community Standards. An Appellate Board decides, and its decision is final. Code grounds differ from the policy grounds and include a sanction that is disproportionate to the misconduct. Use the deadline in your own outcome letter and confirm which route applies.

FAQ

Does the USM Board of Regents hear my case or my appeal?
The Board of Regents policy requires UMBC to adopt a policy that meets system minimums. It does not describe a Board-level hearing or appeal for students. UMBC’s own policy sets the steps and deadlines.

Can my advisor be a lawyer?
Yes. Your advisor can be an attorney, and UMBC’s policy describes access to MHEC-paid counsel for eligible students. If you have no advisor at a live hearing, UMBC must provide one to conduct cross-examination for you.

How long do I have to respond to the evidence?
The policy gives at least ten (10) days to respond to the draft report and evidence, and the final report comes at least ten (10) days before the hearing or review meeting. The policy defines days as business days.

What if I do not take part?
UMBC can continue the investigation, hearing, or review meeting without you, and you keep your rights to participate. At a live hearing, the decision-maker cannot base a finding solely on your absence or refusal to answer questions.

What if my incident happened before August 1, 2024?
The policy says earlier conduct is handled under the policy and procedures in place at the time of the incident. Ask ECR which version applies to you.

More guides for Maryland schools: Maryland Title IX lawyer.

Disclaimer

This page is general educational information, not legal advice. Reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by the University of Maryland, Baltimore County. Policies change, so confirm every deadline against your own notice and the currently posted documents, and with UMBC’s Office of Equity and Civil Rights.

Sources

• UMBC Interim Policy on Sex Discrimination, Sex-Based Harassment, and Sexual Misconduct (effective August 1, 2024)
• UMBC Office of Equity and Civil Rights: Title IX/Sexual Misconduct
• UMBC Office of Equity and Civil Rights: Former Policies
• UMBC Policy Library
• UMBC Code of Student Conduct
• University System of Maryland Board of Regents Policies, Section VI (VI-1.60 Policy on Sex Discrimination)