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Title IX

Title IX & Mott Community College



What is Title IX?

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance..." 20 U.S.C. § 1681

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is an all-encompassing federal law that prohibits discrimination based on the gender of students and employees of educational institutions which receive federal financial assistance.

Who does Title IX apply to?

Title IX applies to:

  • Students
  • Faculty
  • Staff
  • Subcontractors, vendors
  • Guests/Visitors

What does Title IX prohibit?

It prohibits sex discrimination in educational institutions, programs and activities. This includes:

  • Sexual assault and other forms of sexual violence
  • Domestic, intimate partner and dating violence
  • Stalking
  • Hostile work environment
  • Sexual harassment (quid pro quo, disparate treatment)
  • Failing to provide appropriate accommodations for a pregnant or parenting student
  • Treating a person differently based on marital status

Title IX Coordinator Responsibilities and Duties:

  1. Notification and Education
    1. Prepare and disseminate educational materials that inform members of the campus community of Title IX rights and responsibilities.
    2. Coordinate in-service training to all employees and students concerning Title IX policy.
  2. Consultation, Investigation, and Disposition
    1. Receive and process, in a timely manner, inquiries from students, faculty, staff, and administrators regarding rights and responsibilities concerning harassing behavior or other discriminatory behavior in violation of Title IX.
    2. If not appropriate for investigation, refer inquiries to other resources (e.g. Academic Affairs, Human Resources & Student Code of Conduct).
    3. Initiate investigation process for alleged discrimination and/or harassment.
    4. Notify complainants of his or her right to pursue remedies outside of the College grievance process.
    5. Monitor compliance of all requirements and time-lines specified in the complaint/grievance procedures.
  3. Institutional Monitoring and Compliance Assurance
    1. Train staff responsible for implementing grievance procedures.
    2. Organize and maintain grievance files, disposition reports, and other compiled records regarding complaints of sexual harassment and other discriminatory practices, including annual descriptive reports of number and nature of filed complaints and disposition of complaints.
    3. Remain knowledgeable of current state and federal law and regulations and trends in the field of education related to harassment and other discriminatory practices that violate Title IX.

How to File a Title IX Request/Complaint:

NOTE: Faculty members, staff members or students who knowingly provide a false complaint under this policy to a College official, or intentionally mislead College officials who are involved in the investigation or resolution of a complaint, may be subject to disciplinary action.

On- and Off-Campus Contacts:

If you experience sexual harassment, gender discrimination or sexual violence, we encourage you to reach out right away — we are here to help. Contact:

Public Safety 810-762-0222 911 (emergency)  
Counseling 810-762-0111 PCC 2030 counsel@mcc.edu
Health Services 810-762-5667 CM 1146  
Disability Services 810-232-9181 PCC 1140 disability@mcc.edu
3P Office and
Bystander Training Coordinator
810-406-4755   nancy.metcalfe@mcc.edu
YWCA 24-hour Crisis Line 810-238-SAFE (7233)    


Addressing Sexual Assault, Sexual Discrimination and/or Sexual Harassment

Understanding Title IX

Many of us know about Title IX as “the law that made school sports more equitable for girls and women.” Yet, there’s also a lot more to it.

Sexual harassment, which includes acts of sexual violence such as rape, sexual battery and sexual coercion, is a form of sex discrimination prohibited by Title IX. It creates a hostile environment that has no place on our campus. And it’s something we take very seriously as we work to keep you safe and to respond effectively and immediately when you’re in trouble.

Our Title IX Coordinator

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefit of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”


~ Title IX of the Education
Amendments of 1972

Our campus Title IX Coordinator is available to you and is responsible for…

  • Overseeing all Title IX complaints and investigations to provide prompt, fair and equitable resolutions
  • Identifying and addressing any patterns or systemic problems that arise
  • Being available to meet with students, provide support and answer questions
  • Working with other college officials
  • Coordinating training, education and communication pertaining to Title IX
  • Not having other job responsibilities that may create a conflict of interest
  • Being available to assist school law enforcement employees regarding how to respond appropriately to reports of sexual violence
  • Ensuring that our institution carries out its Title IX responsibilities

You can talk with any of us here on campus if you or someone you know is experiencing sexual harassment/sexual violence. We’ll provide support and put you in touch with the Title IX coordinator and other resources right away!

We’re all here to deter gender-based discrimination and make our campus a safer, more welcoming place to be.

Source: U.S. Department of Education, Office for Civil Rights, Dear Colleague Letter, Washington, D.C., 4/4/11

Notice of Non-Discrimination

We don’t tolerate discrimination and here’s what it means regarding Title IX…

  • Our institution doesn’t discriminate on the basis of sex within educational programs and activities, in accordance with Title IX requirements. Mott Community College strictly prohibits all acts of sexual violence which include sexual assault, domestic violence, dating violence and stalking, sexual harassment and sexual discrimination. In addition to facing criminal investigation and prosecution, students, employees and other affiliates may also face action by Mott Community College. When students or employees are accused of having engaged in sexual violence, sexual discrimination and/or sexual harassment the College may, depending on the facts alleged, issue interim safety measures prior to the resolution of the charges. Such interim safety measures might include issuing No Contact orders between the parties, or altering an individual’s work or class schedule.
  • Mott Community College’s Title IX Coordinator will oversee all investigation involving Title IX complaints. Employees who are found responsible for having committed such a violation could face termination of employment and students who are found responsible for having committed such a violation may face disciplinary probation, suspension or dismissal from the College. For incidents involving employees the Title IX Coordinator will contact and consult the Office of Human Resources during the investigation.
  • Inquiries about the application of Title IX may be referred to our Title IX Coordinator or to the Department of Education’s Office for Civil Rights at ocr@ed.gov or (800) 421-3481

Source: U.S. Department of Education, Office for Civil Rights, Dear Colleague Letter, Washington, D.C., 4/4/11

Policies & Disciplinary Procedures: Our Promise to You

  • We’ll investigate Title IX complaints in a prompt, fair and impartial manner
  • We’ll take steps to prevent the recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate
  • Both parties can present witnesses and other evidence
  • Mediation will not be used to resolve sexual assault complaints
  • We will take necessary steps to protect students from retaliation if they report sexual violence, harassment and/or discrimination.
  • The time frame for a grievance investigation will typically take up to 60 days, unless it’s particularly complicated
  • Both parties will be notified of the outcome of the complaint

Title IX Complaints & Criminal Investigations

If a case of alleged sexual harassment or sexual violence occurs, our school will promptly and equitably investigate under Title IX to determine what occurred. We’ll also take appropriate steps to resolve the situation.

A Title IX investigation is different from any law enforcement investigation.

You have the right to file a Title IX sex discrimination complaint with our institution in addition to filing a criminal complaint.

Our Title IX Coordinator and other supporters can help you decide the best course of action for you by describing our grievance procedures. Please ask!

Sexual Harassment

Sexual harassment of a student can deny or limit, on the basis of sex, the student’s ability to participate in or to receive benefits, services or opportunities from the institution’s programs. Therefore, it’s a form of sex discrimination prohibited by Title IX.

What constitutes sexual harassment? According to the Department of Education’s Office for Civil Rights, it is conduct that:

  • Is sexual in nature
  • Is unwelcome
  • Denies or limits a student’s ability to participate in or benefit from a school’s education program

See the box for examples of sexual conduct.

Here are some other key points:

  • Sexual harassment can take different forms depending on the harasser and the nature of the harassment
  • College or university employees, other students and non-employee third parties, such as a visiting speaker, may carry out this conduct.
  • The conduct can be verbal, nonverbal or physical.
  • Both male and female students can be victims of sexual harassment, and the harasser and the victim may be of the same sex.
  • Sexual harassment can occur in any school program or activity and can take place in institutional facilities or at off-campus locations, such as a school-sponsored retreat or training program at another location.

Sexual Misconduct

Examples of sexual misconduct include:

  • Making sexual propositions or pressuring students for sexual favors
  • Unwelcome sexual advances
  • Writing graffiti of a sexual nature
  • Displaying or distributing sexually explicit drawings, pictures or written materials
  • Performing sexual gestures or touching oneself sexually in front of others
  • Telling sexual or dirty jokes
  • Spreading sexual rumors or rating other students as to sexual activity or performance
  • Circulating or showing emails or websites of a sexual nature

Instances of Sexual Harassment

Some examples of sexual harassment on campus include…

  • A faculty member conditions an intern’s evaluation on submission to his sexual advances and then gives her a poor evaluation for rejecting the advances
  • A drama director does not give a student a part in a play because he has not responded to sexual overtures from the director
  • A professor who supervises the college newspaper continually and inappropriately touches a student editor in a sexual manner, causing the student to resign from the newspaper staff
  • A faculty member withdraws approval of research funds for her assistant because he has rebuffed her advances
  • A graduate teaching assistant repeatedly asks a student to stay after class and attempts to engage her in discussions about sex and her personal experiences while they are alone in the classroom, causing the student to stop coming to class

Source: U.S. Department of Education, Office for Civil Rights, Sexual Harassment: It’s Not Academic, Washington, D.C., 2008, “Revised Sexual Harassment Guidance, 1/19/01 and “Frequently Asked Questions About Sexual Harassment,” updated 4/3/11

Two Forms of Sexual Harassment

Quid Pro Quo Harassment. Occurs when a campus employee causes a student to believe he/she must submit to unwelcome sexual conduct in order to participate in a school program or activity, or causes a student to believe that the employee will make an educational decision based on whether or not the student submits to unwelcome sexual conduct. It doesn’t matter whether the student resists and suffers the threatened harm or submits to and avoids the threatened harm for it to be considered harassment.

For example: A faculty member threatens to fail a student unless the student agrees to date him/her.

Hostile Environment Harassment. Occurs when unwelcome conduct of a sexual nature is so severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an education program or activity, or creates an intimidating, threatening or abusive educational environment.

For example: Someone repeatedly makes sexually suggestive comments or sexually assaults a student.

Sexual Violence

Sexual violence is a form of sexual harassment, prohibited by Title IX, which includes conduct that is criminal in nature.

There are many types of sexual violence, not all of which include physical contact between the victim and the perpetrator. They include sexual harassment, threats and peeping.

Examples of sexual violence that include physical contact are:

  • Rape
  • Sexual assault
  • Sexual battery
  • Sexual coercion (see box below)
  • Unwanted touching
  • Dating violence
  • Sexually motivated stalking

Sexual violence refers to sexual acts perpetrated against a person’s will where consent is not obtained or where a person is incapable of giving consent due to his/her use of alcohol or other drugs.

Anyone can experience sexual violence, but most victims are female. And the majority of campus sexual assaults occur when women are incapacitated, primarily by alcohol.

The person responsible for the violence is typically male and is usually someone known to the victim (e.g. friend, coworker, neighbor, significant other, family member). This person is often called a “perpetrator” or someone who harms someone else.

An estimated 20% to 25% of college women and 6.1% of men in the U.S. have experienced an attempted or completed rape during their college career.

There is help available to you if you’re the victim of sexual violence – and there’s no reason to be embarrassed, ashamed or to think you won’t be believed. Let a trusted other know so you can get the assistance you need.

Sources: “Understanding Sexual Violence” Fact Sheet, CDC’s National Center for Injury Prevention and Control, Division of Violence Prevention, 2011; Basile, KC, Chen, J, Lynberg, MC & Saltzman, LE. Prevalence and characteristics of sexual violence victimization. Violence and Victims, 2007; The Campus Sexual Assault Study: Final Report, National Criminal Justice Reference Service, Oct. 2007; “Sexual Violence: Consequences,” CDC’s Injury Center: Violence Prevention, www.cdc.gov; U.S. Department of Education, Office of Postsecondary Education, Summary Crime Statistics from reports submitted in compliance with the Clery Act

The Role Alcohol Plays

On average, at least 50% of campus sexual assaults involve alcohol. It’s the main drug used by perpetrators of sexual violence.

  • Can impair a perpetrator’s judgment so he/she disregards indications that a person doesn’t want to engage in sexual activity
  • Can impair a victim’s judgment so he or she is less likely to take heed of risk cues
  • Can increase the expectancies of what will happen when we drink
  • Perpetrators may use alcohol as an excuse for their actions
  • Victims who drink and are then assaulted may be blamed for “letting” the assault occur and/or sending mixed messages, even though it’s never their fault

Keep all of these things in mind when making choices about alcohol.

 

Reduce the Risk of Being Sexually Assaulted

  • Know your sexual intentions and limits. You have the right to say “NO” to any unwanted sexual contact. If you are uncertain of what you want, ask your partner to respect your feelings.
  • Communicate your limits firmly and directly. If you say “No,” say it like you mean it. Avoid giving mixed messages. Back up your words with a firm voice and clear body language. Do not assume that someone will automatically know how you feel or will eventually “get the message” without you having to say anything.
  • Remember that some people think that drinking, dressing provocatively, or going to your or your date’s room is saying you are willing to have sex. Be clear up front about your limits in such situations.
  • Listen to your gut feelings. If you feel uncomfortable or think you might be at risk, leave the situation immediately and go to a safe place.
  • Don’t be afraid to “make waves” if you feel threatened. If you feel you are being pressured or coerced into sexual activity, don’t hesitate to state your feelings and leave the situation.
  • Attend large parties with friends you trust. Agree to “look out” for one another. Leave with the group, not alone. Avoid leaving with people that you don’t know very well.

If someone you know has been sexually violated

DO:
  • Be supportive, listen to them.
  • Share your feelings of concern for them.
  • Communicate to your friend that they are not responsible for the violation.
  • Make sure your friend has a safe place to stay.
  • Allow your friend to regain control by making their own decisions.
  • Make yourself available to accompany your friend to a helping resource (e.g., hospital, YWCA, Counseling Center).
DON’T:
  • Attempt to seek revenge.
  • Make jokes.
  • Be angry with your friend.
  • Force them to talk and/or take control from them.
  • Ask your friend how they could “let this happen”.
  • Assume you understand how your friend feels.
  • Discuss the incident with others unless you have permission from your friend.

Important Steps

Professionals at various colleges and universities suggest that students who have been sexually assaulted…

  • Get to a place where you feel safe
  • Seek a friend you can trust
  • Don’t shower, bathe any part of your body, douche, urinate, defecate, use medications or brush your teeth, if possible
  • Stay in the clothes you are wearing or, if you’ve already changed, bring clothes, sheets and anything that was in contact with you during the assault in a paper bag (not plastic!) or wrapped in a clean sheet – don’t clean or straighten the area
  • Don’t touch anything the accused may have touched or left behind – this physical evidence can help if a criminal charge is pursued
  • Get medical help to check for internal injuries you might not be aware of, treat external injuries, be treated for certain STDs, and get information about HIV/AIDS and pregnancy prevention
  • Consider having a rape kit done at the hospital – even if you don’t think you want to press charges, having a rape kit allows you to have evidence collected should you change your mind later
  • Seek counseling support
  • Consider your legal options and ask questions for clarification

Sources: Wake Forest University, Sexual Assault Support, http://services.studentlife.wfu.edu/support/sexual-assault/; Southwestern University, Medical Issues and Immediate Safety, www.southwestern.edu/titleix/medicalissues.php; UCSC Title IX/Sexual Harassment Office, www2.ucsc.edu/title9-sh/sopolicy/assault.htm

Sexual Coercion

Using pressure, force, alcohol or other drugs to have sexual contact with someone against his/her will is considered sexual coercion.

You may be experiencing it if…

  • You feel pressure from your date, partner or friend (“Sex is how you can prove you love me – everyone is doing it”)
  • Someone buys you gifts or spends money on you to make you feel like you “owe” him sex
  • There are times you don’t want to have sex but feel like you can’t say “no” (“We’ve had sex before, so you can’t say no now”)
  • You’ve had a sexual experience that left you frightened, angry or feeling guilty
  • You had sex without using a condom because your partner didn't want to use one

Sexual coercion is not okay and is considered sexual violence.

Source: “Sexual Coercion Awareness and Prevention” by Kelsey McCoy, M.S. and James Oelschlager, Psy.D, Florida Institute of Technology’s Counseling and Psychological Services, www.fit.edu/caps

Reporting Party Rights

You or a friend are called a “reporting party” when you come forward to let us know of a personal instance of sexual harassment/sexual violence.

In order to eliminate a hostile environment, prevent the recurrence of a sexual harassment/violence incident and address its effects, you as a reporting party and the respondent are entitled to remedies that include, but are not limited to, the following…

  • The assurance that you and the alleged perpetrator will not attend the same classes
  • The availability of counseling services
  • Access to sexual assault response team advocates
  • The availability of medical services
  • Academic support services, such as tutoring
  • Arranging for you to re-take a course or withdraw from a class without penalty, including ensuring that any changes don’t adversely affect your academic record
  • The review of any disciplinary action taken against you (such as if you skipped a class because the alleged perpetrator was enrolled and you wanted to avoid contact) to see if there is a connection between the harassment and the misconduct that may have resulted in you being disciplined
  • The knowledge that you can file a complaint with local law enforcement at any time and that you have the option to be assisted by campus personnel in notifying such authorities
  • The accuser and accused both are entitled to have a hearing official be trained in how to conduct hearings in a matter that “protects the safety of victims” and “promotes accountability.”

You also have the right…

  • To present your case, which includes the right to adequate, reliable and impartial investigation of complaints; the right to have an equal opportunity to present witnesses and other evidence; and the right to the same appeal process, for both parties
  • To be notified of the time frame within which MCC will conduct a full investigation of the complaint, the parties will be notified of the outcome of the complaint and the parties may file an appeal, if applicable
  • To have your complaint decided using a preponderance of the evidence standard (i.e. it’s more likely than not that sexual harassment or violence occurred)
  • To be notified in writing of the outcome of the complaint
    • — You’re entitled to information about the sanction imposed on the perpetrator when the sanction directly relates to you
    • — The school can’t require you to abide by a non-disclosure agreement, in writing or otherwise, because the Clery Act requires that both parties be informed of the outcome, including sanction information, of any institutional proceeding alleging a sex offense
  • To know that you can end the informal process at any time and begin the formal stage of the complaint process
  • Financial Aid Assistance:
    • To request these services or if you would like more information on these services please contact the Title IX Coordinator.

If you want to learn more about your rights or if you believe your institution is violating Federal law, you can contact the U.S. Department of Education, Office for Civil Rights, at ocr@ed.gov or (800) 421-3481. You can also fill out a complaint form online through the Department of Education www2.ed.gov/about/offices/list/ocr/complaintintro.html.

Sources: U.S. Department of Education, Office for Civil Rights, Dear Colleague Letter, Washington, D.C., 4/4/11 and “Know Your Rights: Title IX Prohibits Sexual Harassment and Sexual Violence Where You Go to School” fact sheet; The University of Oklahoma, Remedial Measures, www.ou.edu/content/eoo/remedial-measures.html

Confidentiality Concerns

When it comes to confidentiality, we’ll be up front with you.

  • We’ll take all reasonable steps to investigate and respond in a manner consistent with a student’s confidentiality request. And we’ll let you know if we can’t ensure confidentiality.
  • If a student requests confidentiality and decides not to press charges in a sexual violence case, an anonymous report of the incident must still be made in order to comply with the Clery Act (campus crime reporting).
  • On-campus counselors and advocates — like those working or volunteering in sexual assault centers, victim advocacy offices, women’s and health centers, as well as licensed and pastoral counselors — can talk with a survivor in confidence.

Source: “Not Alone” Report of the White House Task Force to Protect Students from Sexual Assault, April 2014

Protective interim steps may be taken to protect the complainant before the final outcome of the investigation is reached.

You don’t have to wait!

You have the option to avoid contact with the alleged perpetrator. We’ll talk with you about this right away.

What to Expect from Student Advocates

If you are a victim of sexual harassment or sexual violence, you can fully expect our support to meet your varied needs. Here are some of the ways that student advocates can help you…

  • Provide information about campus and community services
  • Make referrals, as desired
  • Go to the hospital and/or law enforcement office with you
  • Help with filing a report
  • Assist you in getting a protective order or other remedies such as housing and class schedule changes
  • Provide an empathic listening ear
  • Help with academic concerns
  • Assist you in preparing for judicial meetings – and accompanying you, if requested
  • Meet with you on a regular basis to follow up
  • Keep track of the details
  • Assure you that the assault was not your fault

Responding to Retaliation

Title IX protects all college students from retaliation if they report sexual harassment or violence. If the alleged perpetrator or his/her friends taunt you, call you names or harass you in any way, report this immediately!

Our Title IX Coordinator and others are there as resources to take strong, responsive action if any retaliation or new incidents of harassment occur.

And we’ll be sure to keep letting you know that you’re never alone. We can connect you with resources that you need – they are plentiful here within our campus community.

Sources: Student Advocates Office, Indiana University Bloomington, http://studentaffairs.iub.edu/advocates/assault-cases/; Loyola University's (LA) sexual Assault Response Advocacy Initiative, http://studentaffairs.loyno.edu; Sexual Assault Resources & education, College of William & Mary, http://web.wm.edu/sexualassault

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Helping a Friend

Do you have a friend who has experienced sexual harassment or sexual violence? In order to help him/her in the best ways possible, you can …

  • Listen with compassion
  • Direct him/her to available resources
  • Not take everything on your shoulders

Getting the appropriate, trained professionals involved is the best thing you can do to help a friend get the real help he or she may need.

How Bystanders Can Intervene

Every campus has a population of bystanders who support sexual violence. They may not mean to do so, yet by not intervening when they see something happening, not reporting actions or dismissing certain behaviors, they are essentially sending a message to perpetrators that their actions are okay.

Proactive Bystander Strategies

In order to be a proactive bystander who helps prevent cases of sexual harassment or sexual violence, you can…

  • Believe violence is unacceptable and say it out loud
  • Treat people with respect
  • Speak up when you hear people making statements that blame victims
  • Talk with friends about confronting violence against men or women
  • Encourage female/male friends to trust their instincts
  • Be a knowledgeable resource for victims
  • Don’t laugh at sexist jokes or comments
  • Look out for friends at parties and bars
  • Educate yourself and your friends
  • Use campus resources
  • Attend an awareness event
  • Empower victims to tell their stories

Reactive Bystander Strategies

In order to be a reactive bystander who positively intervenes in instances of sexual harassment or sexual violence, you can…

  • Get campus police or other authorities involved
  • Tell someone else
  • Get help
  • Ask a friend in a potentially dangerous situation if he/she wants to leave
  • Make sure he/she gets home safely
  • Ask a victim if he/she is okay
  • Provide options and a listening ear
  • Call the campus or local counseling/crisis center for support and options

Sources: “What Can I Do?” Prevention Innovations, UNH, www.unh.edu/preventioninnovations; The Transformation Project/Green Dot, The University of Tennessee Chattanooga, www.utc.edu/Outreach/TransformationProject/greendot.php

Investigation Procedure

Any person may bring a complaint against a student and an employee under these procedures based on Sexual violence, assault, domestic violence, dating violence, and stalking, Sexual Harassment and Discrimination. All such complaints shall be made to the Title IX Coordinator.

Title IX Coordinator and/or Deputy Investigator Procedures for the resolution of Title IX reports.

    The Title IX Coordinator may modify these procedures and communicate the changes at any time as deemed appropriate for compliance with federal, state, local law or applicable guidance.

  1. REPORTING A COMPLAINT

    An individual who has been the victim of sexual harassment, domestic violence, dating violence, sexual assault, sexual exploitation, sex/gender discrimination, stalking, or other sexual misconduct, is encouraged to report the incident promptly to the Title IX Coordinator or his/her designee by calling, writing or coming in to the Title IX Office and/or Public Safety Office, if they so desire. These procedures apply to all individuals who have an institutional relationship with Mott Community College (faculty, staff, students, visitors, etc.).

    Standard of Proof: In every sexual misconduct investigation, the standard of proof required is a preponderance of evidence (the evidence demonstrates that it is more likely than not that the conduct occurred).

    Criminal Reporting: Although MCC strongly encourages all members of its community to report violations of this policy to law enforcement, it is the reporting party’s choice whether or not to make such a report, and reporting parties have the right to decline involvement with the police. Reports of all domestic violence, dating violence, sexual assault and stalking made to MCC’s Public Safety Office will automatically be referred to the Title IX Coordinator for investigation, regardless of the reporting party’s desire to pursue criminal charges. As the Title IX Coordinator is a Campus Security Authority, they will report that the incident occurred for the purposes of Clery Crime Reporting. The College will proceed with an investigation without the consent of the reporting party if there is a danger to the campus or the community.

    False Reporting: Faculty members, staff members or students who knowingly provide a false complaint under this policy to a College official, or intentionally mislead College officials who are involved in the investigation or resolution of a complaint, may be subject to disciplinary action.

    For further information, please review Title IX Reporting Guidelines at www.mcc.edu/titleix.

  2. INTERIM MEASURES ASSESSMENT

    Upon receiving a complaint of sexual misconduct, the College will immediately execute interim measures to stop the misconduct, keep the reporting party and campus community safe, and ensure equal access to educational programs and activities. All actions will be implemented without penalty to the reporting party and will be provided while an investigation is pending. Possible interim measures may include separating the parties, placing limitations on contact between the parties, or making alternative arrangements. Failure to comply with the terms of interim protections may be considered a separate violation of MCC Policy.

  3. ASSESSMENT

    When a complaint is made, the Title IX Coordinator or his/her designee may conduct an initial Title IX assessment. The first step of the assessment may be a preliminary meeting between the Reporting Party and the Title IX Coordinator or his/her designee. As part of the initial assessment of the complaint, the College will:

    • Assess the nature and circumstances of the allegation
    • Notify the Reporting Party of the right to contact or decline to contact law enforcement if the conduct is criminal in nature, and if requested, assist them with notifying law enforcement
    • Provide the Reporting Party with information about on- and off- campus resources
    • Notify the Reporting Party of the available interim measures
    • Provide the Reporting Party with an explanation of the Title IX Investigative Process
    • Inform the Reporting Party and the Respondent that they may seek a representative of their choosing to assist them throughout the investigation and resolution of the complaint, and that the representative may accompany them to any meeting or proceeding under this policy
    • Explain the College’s policy prohibiting retaliation
    • Discuss the Reporting Party’s expressed preference for manner of resolution and any barriers to proceeding
  4. MANNER OF RESOLUTION

    Early Resolution (Informal Investigation): The Title IX Coordinator and/or Deputy Investigator may attempt to resolve any Title IX complaints by informing, educating, or negotiating voluntary agreements through mediation in accordance with College policy and procedures.

    The goal of early resolution is to resolve concerns at the earliest stage possible, with the cooperation of all parties involved. Early resolution may include an inquiry into the facts, but typically does not include a formal investigation. Means for resolution shall be flexible and encompass a full range of possible appropriate outcomes. Early resolution can include options such as discussions with the parties, making recommendations for resolution, implementing no contact orders, and conducting follow-up after a period of time to assure that the resolution has been implemented effectively. Early resolution may be appropriate for responding to anonymous complaints and/or third party complaints. Steps taken to encourage resolution and agreements reached through early resolution efforts will be documented. Early resolution through mediation is not an option in sexual violence cases, which will be processed in a formal investigation.

    Formal Investigation: If no resolution can be reached that is acceptable to all parties and to the College, the Title IX Coordinator and/or Deputy Investigator may, if appropriate, institute an investigation. The Title IX Coordinator and/or Deputy Investigator may also determine that an investigation is warranted without a complaint, either because of the severity of the allegations reported, or because of the frequency of allegations against the accused, or for any other reason.

  5. FORMAL INVESTIGATION PROCEDURE

    The Title IX Coordinator and/or Deputy Investigator shall investigate the circumstances of the alleged offense to the extent necessary to make a determination as to whether the allegations contained in the complaint constitute a violation of the MCC Policy. For incidents involving employees, the Title IX Coordinator will contact and consult the Office of Human Resources during the investigation.

    Notice of Investigation: Upon the initiation of an investigation, the Title IX Coordinator and/or Deputy Investigator will send a Notice of Investigation to both parties which:

    1. advises the parties of the initiation of an investigation;
    2. includes the name of the reporting party/parties;
    3. includes a statement of the allegations;
    4. identifies the violation(s) of Title IX which is represented by the allegations;
    5. provides parties with a statement on prohibiting retaliation.
    6. provides the website address of where the parties can locate a copy of the Title IX Investigation Procedure; and,
    7. describes the need to schedule an appointment with the Title IX Coordinator and/or Deputy Investigator, if applicable.

    Time Frame: This investigation should normally be completed within sixty (60) working days. If the investigation cannot be completed within that time, the Title IX Coordinator and/or Deputy Investigator will so inform the reporting party/parties and the respondent via written letter.

    Interviews: The Title IX Coordinator and/or Deputy Investigator will interview anyone and examine any evidence deemed necessary to investigate the complaint fully. The investigation generally shall include interviews with all parties if available, interviews with other witnesses as needed and a review of relevant documents as appropriate. Disclosure of facts to parties and witnesses shall be limited to what is reasonably necessary to conduct a fair and thorough investigation.

    Representative: Upon request, the reporting party/parties and the respondent may each have a representative present when he or she is interviewed. Other witnesses may have a representative present at the discretion of the Title IX Coordinator and/or Deputy Investigator.

    Investigative Report: Generally, an investigation should result in a written report that, at minimum, includes: a statement of the allegations and issues; the positions of the parties; a summary of the evidence; findings of fact; and a determination by the Title IX Coordinator and/or Deputy Investigator as to whether it is more likely than not that the conduct occurred (preponderance of the evidence standard) which constitutes a violation of the MCC Policy or that the facts do not support the allegations and the complaint shall be dismissed. The report also may contain a recommendation for actions to resolve the complaint, including educational programs, remedies for the reporting party/parties, appropriate discipline for the respondent. The report may be used as evidence in other related procedures, such as subsequent complaints, grievances and/or disciplinary actions. The report is not shared with either party unless requested in writing.

  6. FINDINGS AND SANCTIONS

    If the investigation concludes that a preponderance of the evidence exists which suggests a student engaged in sexual harassment, domestic violence, dating violence, sexual assault, sexual exploitation, sex/gender discrimination, stalking, or other sexual misconduct the sanctions will be addressed through the Title IX Office. Students who are found responsible for having committed such a violation may face disciplinary actions, up to and including expulsion from the College. If a Title IX investigation concludes that a preponderance of the evidence exists which suggests that an employee engaged in sexual harassment, domestic violence, dating violence, sexual assault, sexual exploitation, sex/gender discrimination, stalking, or other sexual misconduct the sanctions will be addressed through the Office of Human Resource and pursuant to relevant collective bargaining agreements. Employees who are found responsible for having committed such a violation may face disciplinary actions, up to and including termination of employment.

    Even if the Title IX Coordinator and/or Deputy Investigator does not make a finding of a violation of the MCC Policy, but the Title IX Coordinator and/or Deputy Investigator believes the behavior complained of may constitute misconduct, the Title IX Coordinator and/or Deputy Investigator may refer the matter pursuant to the appropriate discipline process.

    Notice of Conclusion of Investigation, Findings and Sanctions: In compliance with section 444 of the General Education Provisions Act (20 US.C. 1232G), commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA) the reporting party and the respondent shall be informed simultaneously by certified mail when the investigation is completed.

    The reporting party shall be informed if there were findings made that the MCC Policy was or was not violated and of actions taken to resolve the complaint, if any, that are directly related to the reporting party, such as an order that the respondent not contact the reporting party.

    Administration of Student Sanctions: Potential student sanctions will be applied based upon the facts and circumstances of the case, and parties will be notified by certified mail. Sanctions may include:

    • Verbal warning
    • Written warning
    • Probation
    • Permanent removal from a course
    • Suspension
    • Expulsion
  7. APPEAL PROCESS

    If the Reporting Party/Respondent contests one or more of the recommended finding(s), the Reporting Party/Respondent may submit to the Title IX Coordinator a written statement explaining why the Reporting Party/Respondent contests such finding(s).

    Grounds for Appeal: The grounds for appeal are limited to:

    1. A procedural error or omission occurred that significantly affected the Investigative Findings and/or Determination (e.g., substantiated bias, material deviation from established procedures, etc.);
    2. To consider new evidence, unknown or unavailable during the original Investigation, that could substantially impact the Investigative Findings and/or Determination; and/or
    3. The recommended Corrective Actions are substantially disproportionate to the severity of the violation.

    Filing an Appeal: The Reporting Party or the Respondent shall have fifteen (15) days from receipt of certified letter of Notice of Conclusion of Investigation, Findings and Sanctions to file an appeal with the Title IX Coordinator. The appeal shall state in writing the grounds for appeal and the specific reasons why the investigative findings, determinations, and/or recommended sanctions should be reversed or modified. Failure to file an appeal will render the decision final and conclusive.

    The reporting party and the respondent may request a copy of the investigative report. However, in accordance with College policy, the report shall be redacted to protect the privacy of personal and confidential information regarding all individuals other than the individual requesting the report.

    The Title IX Coordinator will ensure that both the Respondent and Reporting Party have an opportunity to review and to respond in writing to any appeal. The Title IX Coordinator will provide the Final Investigation Report, together with any statements by the parties, to the Appeal Board for further proceedings.

    Review Panel: A standing pool will be comprised of trained members of the Mott Community College community and, at the discretion of the Title IX Coordinator, external professionals with experience adjudicating cases of Prohibited Conduct. Three (3) members will be selected from this pool to serve on the Review Panel. One of the members will also serve as the Meeting Chair. All persons serving on any Review Panel must be impartial and free from actual bias or conflict of interest.

    Standard of Review: The Appeal Board will hold a hearing to determine whether 1) a procedural error or omission has occurred that significantly affected the Investigative Findings and/or Determination (e.g., substantiated bias, material deviation from established procedures, etc.); 2) new evidence exists, unknown or unavailable during the original Investigation, that could substantially impact the Investigative Findings and/or Determination; and/or 3) the recommended sanctions are substantially disproportionate to the severity of the violation.

    Notice of Hearing: Notice of the formal charge(s) and of the time and place of the hearing shall be sent by the Appeal Board Team to the student at the address appearing on the records of the college by certified mail.

    Representatives: Both the Reporting Party and the Respondent have the right to be accompanied at the Hearing by a representative of their choosing. The representative may be anyone, including an attorney, who is not otherwise a party or witness. While the representative may provide support and advice to a party at the hearing, the representative may not speak on behalf of the party, or otherwise participate in, or in any manner disrupt the Hearing. The College reserves the right to remove any individual whose actions are disruptive to the proceedings.

    Appeal Determination: Appeals shall be decided upon the record of the original investigation and upon written summaries submitted by the parties. A new hearing shall not be conducted.

    If the Appeal Board finds that concerns stated by the contesting party raise substantial doubt about the thoroughness, fairness, and/or impartiality of the investigation, it will remand the matter to the Title IX Coordinator with instructions for further investigation or other action.

    If the Appeal Board finds no cause for substantial doubt about the thoroughness, fairness, and/or impartiality of the investigation and affirms that there is sufficient evidence to support a recommended finding of responsibility by a Preponderance of the Evidence, the original recommended sanction(s) will be upheld and the matter will be considered resolved and closed.

    If the Appeal Board finds that the recommended sanctions are substantially disproportionate to the severity of the violation, it will affirm the finding and reduce, but not eliminate, the sanction. Sanctions may only be reduced if found to be grossly disproportionate to the offense.

    Cases may be dismissed if the findings are held to be arbitrary and capricious. On appeal, the decision of the Appeal Board shall be final and conclusive.

Title IX Investigation Procedure Flow Chart

Definitions and Related Information

  • Board Policy 5200 - Equal Educational Employment Opportunity (EEO)/Non-Discrimination
  • Title IX Investigation Procedure PDF document
  • Definitions:
    Consent
    is defined as the act of willingly and verbally agreeing to engage in specific sexual conduct by a competent person. A person is not competent and therefore lacks the ability to consent if he or she is substantially physically or mentally impaired by alcohol or drugs, forced or threatened, physically incapable of resisting, asleep, or unconscious. A person is deemed incapable of consent when that person is either less than sixteen years old. It is important to remember that silence, by itself, cannot constitute consent. Consent to one sexual act does not constitute or imply consent to a different sexual act. Previous consent cannot imply consent to future sexual acts. Consent is required regardless of the parties’ relationship status or sexual history together. In addition, a verbal “no” (no matter how indecisive) or resistance (no matter how passive) constitutes the lack of consent. Consent once given may be withdrawn at any time. If consent is withdrawn, the other party must immediately stop whatever sexual contact is occurring.
    Dating Violence
    is defined at 42 U.S.C. § 13925(a): “Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature…. [T]he existence of such a relationship is determined based on a consideration of the length of the relationship, that type of the relationship, and the frequency of interaction between the parties involved in the relationship.
    Domestic Violence
    is defined at 42 U.S.C. § 13925(a): A felony or misdemeanor crime of violence committed by –
    • Current or former spouse of the victim;
    • Person with whom the victim shares a child in common;
    • Person cohabitating with or who has cohabitated with the victim as a spouse or intimate partner;
    • A person similarly situated to a spouse of the victim under the State’s domestic or family violence laws;
    • Person against another person who is protected from such acts under the State’s domestic or family violence laws.
    Sexual Assault
    is defined at 42 U.S.C. § 13925(a): Any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.
    Sexual Discrimination
    Inequitable treatment of individuals on the basis of gender.
    Sexual Harassment
    Conduct of a sexual nature is sufficiently severe, persistent, or pervasive to limit a student’s ability to participate in or benefit from the education program, or to create a hostile or abusive educational environment”. http://www2.ed.gov/about/offices/list/ocr/docs/shguide.pdf
    Stalking
    is defined at 42 U.S.C. § 13925(A): Engaging in a course of conduct directed at a specific person that would cause a reasonable person to –
    • Fear of his or her safety or the safety of another; or
    • Suffer substantial emotional distress
    Student Advocate
    Victim Advocate is defined at 42 U.S.C. § 13925(A): A person, whether paid or serving as a volunteer, who provides services to victims of domestic violence, sexual assault, stalking, or dating violence under the auspices or supervision of a victim services program.

Supporting Pregnant and Parenting Students

Overview

The U.S. Department of Education regulations concerning pregnancy and related conditions provide that a college that is a recipient of federal funding shall not discriminate against any student on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery from these conditions. In the event that the educational institution does not maintain a leave policy for its students (as in the case of MCC), or in the event that a student does not otherwise qualify for an institutional leave under the policy, the institution is required to treat such conditions as justification for a leave of absence for so long a period of time as is deemed medically necessary by the student’s physician.

This information is provided both to inform and remind the College community of the institution’s obligation not to discriminate against students on the basis of pregnancy, childbirth and related conditions.

Mott Community College does not discriminate against persons on the basis of sex in its educational programs and activities. Title IX prohibits discrimination on the basis of sex—including pregnancy and related conditions—in educational programs and activities that are eligible for federal funding.

Basic rights under Title IX state that your school must excuse your absence due to pregnancy or childbirth for as long as your doctor says it is necessary. You must have equal access to school and activities, and special services provided for temporarily disabled students must also be provided for pregnant students.

Medically Justified Leave

Under Title IX, it is illegal for schools to exclude a pregnant student from participating in any part of an educational program. Schools may implement special instructional programs, but participation must be completely voluntary on the part of the student.

In addition, a school must excuse a student's absences because of pregnancy or childbirth for as long as the student's doctor deems the absences medically necessary.

Mott Community College must give all students who might be, are, or have been pregnant the same access to school programs and educational opportunities that other students have. Absences due to medical conditions relating to pregnancy must be excused for as long as medically necessary. The student must be given the opportunity to make up missed work, with the goal of having the student graduate on time; if possible, and if desired by the student. These rules supersede any classroom based attendance policy/practices regarding allowable numbers of absences.

A school may offer the student alternatives to making up missed work, such as retaking a semester, taking part in an online course credit recovery program, or allowing the student additional time in a program, or allowing the student additional time in a program to continue at the same pace and finish at a later date, especially after longer periods of leave.

Assistance for Pregnant Students

  • For medically excused absences, pregnant students should contact the Title IX Coordinator. For further assistance and information call (810) 762-0024 or email chris.engle@mcc.edu.
NOTE: Pregnant students are encouraged to seek assistance for excused absences or accommodations as quickly as possible. Some options and accommodations cannot be retroactively applied. Pregnant students seeking assistance during the semester of enrollment will have better options than those notifying the College of their situation after the semester has ended.

Grievance Process for Pregnant Students

Pregnant students who wish to voice their concern or file a complaint should contact the Title IX Coordinator in Prahl College Center, PCC2030 or call (810) 762-0024 for further assistance and information.

If you feel that the Grievance Process did not resolve your complaint or if you believe your institution is violating Federal law, you can contact the U.S. Department of Education, Office for Civil Rights, at ocr@ed.gov or (800) 421-3481. You can also fill out a complaint form online through the Department of Education www2.ed.gov/about/offices/list/ocr/complaintintro.html.

ADA/EEO/Title IX/Section 504 Compliance Statements

Mott Community College will not discriminate in any of its admissions, educational programs/activities or employment policies or practices on the basis of race, sex, age, color, national origin, religion, height, weight, marital status, physical, mental handicap, sexual orientation, or veteran’s status.

The college is committed to compliance with several laws and regulations. These include Executive Order 11246 (as amended 11375), Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Equal Pay Act, Sections 503 and 504 of the Higher Education Amendments of 1965, Age Discrimination in Employment Act, the Vietnam (VA Veterans) Readjustment Act of 1974, Americans with Disabilities Act, and all other Federal and Michigan Civil Rights Laws.

Inquiries concerning programs and services as they relate to Title IX and Section 504, and the Americans with Disabilities Act should be directed to the Office of the Student Service, PCC1130 and Disability Services, PCC2280. Inquiries regarding compliance in employment should be directed to Ronda Brinch, Human Resources Supervisor in the Office of Human Resource Management, CM1024.

Related Information

The reference materials for these guidelines are offered in the pamphlet Supporting the Academic Success of Pregnant and Parenting Students by the Department of Education, Office for Civil Rights, June 2013.



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