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Sexual Assault and Domestic Violence

MCC is committed to maintaining an educational environment free from any form of discrimination or harassment including but not limited to discrimination, harassment and /or violence on the basis of sex in accordance with Title IX of the Education Amendments of 1972.

MCC prohibits discrimination or harassment of all forms, including but not limited to sexual discrimination, sexual violence, or sexual harassment (including intimidation bullying behavior based on gender). The college shall exercise reasonable care to prevent and promptly correct discriminating, violent, or harassing behavior and shall develop preventative or corrective measures to address these behaviors. MCC also prohibits retaliation against anyone for reporting discriminating, violent or harassing behavior or for participating in discrimination or harassment investigations.

Sexual Assault

A sex offense that meets the definition of rape, fondling, incest, or statutory rape.

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, without the consent of the victim;

Fondling

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

Incest

Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.


Statutory Rape

Sexual intercourse with a person who is under the statutory age of consent.


Sexual Harassment

Sexual harassment is define in the MCC policy. Sexual harassment includes but not limited to unwelcome sexual conduct, request for sexual favors, and other verbal or physical conduct of a sexual nature. See MCC sexual harassment policy (refer this to the correct page number)


Consent

Consent is a clear, affirmative, unambiguous and freely given agreement in a specific sexual activity. Consent is demonstrated verbally or through actions that clearly indicate a willingness to engage in a specific sexual activity. Consent for a specific activity does not imply consent for any other activity. Use of drugs, alcohol, or other intoxicants does not diminish one’s responsibility to obtain consent. Consent must be knowing and voluntary. To give consent, a person must be awake, of legal age, and have the capacity to reasonably understand the nature of his/her actions. Consent cannot be given by an individual who is mentally or physically incapacitated through the effect of drugs, alcohol or other intoxicants or for any other reason. Consent is not implied by the existence of a prior or current relationship or participation in prior sexual activity. Consent to engage in sexual activity may be withdrawn at any time and is automatically withdrawn by a person who is no longer capable of giving consent.


Retaliation

Any act of reprisal, including materially adverse or otherwise unwarranted treatment, related to the reporting of, or participation in a complaint of sexual assault, dating violence domestic violence or stalking.


Stalking

Stalking is 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, suffers substantial emotional distress. A 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.


Domestic Violence

Domestic violence is a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabiting with or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse or the victim under the domestic or family violence laws of Michigan.


Dating Violence

Dating violence is 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 the reporting party’s statement with consideration of the following factors: the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse, or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.


Bystander Intervention

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, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.


Confidentiality

MCC recognizes that confidentiality may be particularly important to victims of sexual assault, dating violence, domestic violence, and stalking. We will take all reasonable steps to investigate and respond in a manner consistent with a student’s confidentiality request and be up front if we can not ensure confidentiality. Request for confidentiality may limit our ability to action against the respondent, but every effort to remedy the effects and prevent the recurrence will be taken.

MCC strongly encourages all individuals to report incidents of sexual assault, dating violence, domestic violence, and stalking to campus police at (810) 762-0222 or off campus call 911. Further, all MCC employees are obligated to report sexual misconduct of which they become aware, unless they have a legally recognized confidentiality privilege.

After an incident of sexual assault, dating violence, and or stalking, the victim should consider seeking medical attention and law enforcement assistance as soon as possible in order to preserve any important evidence that may assist in proving that an alleged criminal offense occurred, or may be helpful in obtaining a personal protection order.

Reports of incidents of sexual assault, dating violence, domestic violence, and stalking may also be made to MCC Title IX Coordinator in the Prahl College Center PCC 2030 (810) 762-0242. When making a complaint, a victim should include dates, times, places, witnesses, and specifics of what was said, clothing description, tattoos, anything unusual, vehicle make, model, year, color, license plate.

June 13, 2016
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