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

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 available.

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

As an equal opportunity institution, Mott Community College (MCC) encourages diversity and provides equal opportunity in education, employment, all of its programs, and the use of its facilities. MCC does not discriminate in educational or employment opportunities or practices on the basis of race, sex, color, religion, gender, gender expression, gender identity, national origin, veteran’s status, age, disability unrelated to an individual’s ability to perform adequately, sexual orientation, or any other characteristic protected by law.

Title IX Coordinator Contact Information: Wanda Brown, , (PCCLL15), , or .

Title II, ADA, Coordinator Contact Information: Aurya Anuket El, , (CM 1117), , or .

Section 504 Coordinator Contact Information: , (PCC 2280A), , or .

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 [email protected] or (800) 421-3481

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

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

Sexual harassment is defined as conduct on the basis of sex that satisfies one or more of the following:

1. Quid Pro Quo: A College employee conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;

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

2. Hostile Environment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; or

   For example: Student A repeatedly makes sexually suggestive comments to Student B.

3. Sexual assault as defined in the Clery Act, or dating violence, domestic violence, or stalking as defined in the Violence Against Women Act. See Definitions for more information on each unwelcomed 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 Harassment Conduct Examples

Quid Pro Quo

• 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

Sexual violence is a form of sexual harassment that is prohibited by Title IX and is 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 their use of alcohol or other drugs. Anyone can experience sexual violence, but most victims are female. The majority of campus sexual assaults occur when an individual is 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.

When an individual comes forward to report alleged conduct of sexual harassment or sexual violence, they are referred to as the complainant, and the alleged perpetrator is called the respondent.

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 [email protected] 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.

The College will maintain the following records for seven (7) years:

• Records of each sexual harassment investigation including:
  • Any determination regarding responsibility and any audio or audiovisual recording  or transcript of a hearing, if a hearing is required;
  • Any disciplinary sanctions imposed on the Respondent; and
  • Any remedies provided to the Complainant designed to restore or preserve equal access to the school’s education program or activity;
• Any appeal and the result therefrom;
• Any informal resolution and the result therefrom;
• All materials used to train Title IX Coordinators, Investigators, Decision-Makers, and any person who facilitates an informal resolution process, which will also be available on the  College’s website;
• Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment;
• Documentation of the basis for the school’s conclusion it was not deliberately  indifferent; and
• Documentation of the measures designed to restore or preserve equal access to the  school’s education program or activity.

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

Mott Community College (“MCC” or the “College”) is committed to creating a learning and working environment that is free from unlawful sexual harassment. Further, MCC has an obligation under Title IX of the Education Amendments of 1972 to promptly respond when it has  actual knowledge of conduct that could constitute sexual harassment in its educational programs  or activities against a person in the United States.

These grievance procedures apply to Complainants who are participating in or attempting to participate in a MCC education program or activity. This generally includes all individuals who have an institutional relationship with Mott Community College (faculty, staff, students, visitors,  etc.). The College’s educational programs and activities include locations, events, and circumstances over which the College exercises substantial control over both the alleged harasser  and the context in which the sexual harassment occurs, as well as any building owned or controlled  by a student organization that is officially recognized by the College. These grievance procedures  apply to and prohibit sexual harassment, including sexual assault, dating violence, domestic  violence, and stalking on the basis of sex, as defined herein, that occurs within the College’s  educational programs or activities within the United States.

Complaints of sexual harassment, other unlawful harassment, or other types of misconduct that do  not fall under these procedures may be referred by the Title IX Office to the appropriate College  office to be addressed. Such conduct may be prohibited by other MCC policies or procedures, the  Student Code of Conduct, and/or state or federal law, and subject to discipline accordingly.

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

1. REPORTING A COMPLAINT

   MCC encourages all individuals to report incidents of sexual harassment and potential violations  of these procedures that they are aware of or that they witness. Reports of sexual harassment may  be made anonymously or by individuals other than the victim. The report should include as much  information as possible, including the alleged perpetrator(s), alleged victim(s), a description of  what occurred, where the conduct occurred, when the conduct occurred, and the names of any  potential witnesses. There is no timeline on making a report, although MCC encourages  individuals to make reports as soon as possible.

   Reports can be made by contacting the Title IX Coordinator using the contact information below,  or by completing the form linked here: Report A Concern form

   Wanda Brown, Title IX Coordinator 
   Prahl College Center PCCLL15 
   (810) 762-0024
   [email protected]
   [email protected] 

   Reports made to the Title IX Office will be kept private to the extent possible. Upon receiving the report, the Title IX Coordinator will contact the Complainant to provide information about his or  her rights to file a formal complaint and access supportive measures, and to obtain additional  information if necessary to determine if the allegations fall under these procedures. 

    

   1. Employees’ Reporting Obligations

        All College employees are required to report incidents of sexual harassment in the educational environment that the employees observe or are given notice of by a student or other individual. Such reports should be made to the Title IX Coordinator in the manner discussed above. 

   2. Reporting to Law Enforcement 

      MCC strongly encourages all members of its community to report possible criminal conduct to MCC’s Department of Public Safety or appropriate local law enforcement. However, it is the Complainant’s choice whether to make such a report, and a Complainant has the right to decline involvement with the police/public safety.

      MCC’s Department of Public Safety will refer any reports of domestic violence, dating violence, sexual assault, and stalking related to sex to the Title IX Office for review, regardless of the individual’s desire to pursue criminal charges. The Title IX Coordinator will reach out to the individual to determine if he or she could benefit from supportive measures and to explain the individual’s right to file a formal complaint under Title IX. The Title IX Coordinator has the discretion to proceed with an investigation even if the individual does not file a formal complaint.

      If he or she receives notice of allegations involving sexual assault, dating violence, domestic violence, or stalking within the area regulated by the Clery Act, the Title IX Coordinator will notify  the Clery Coordinator so they may be reported as legally required.

2. OUTREACH AND INITIAL ASSESSMENT

   When the College receives a report of sexual harassment or has actual knowledge of conduct that  may constitute sexual harassment, the Title IX Coordinator will conduct an initial assessment,  which may include contacting the Complainant and scheduling an intake interview. For allegations  involving employees, the Title IX Coordinator may contact and consult with the Office of Human  Resources during the initial assessment.

   If the Title IX Coordinator determines during the initial assessment that the conduct at issue may  constitute sexual harassment, as defined in these grievance procedures, that occurred in the College’s educational programs or activities, then the Title IX Coordinator will also contact the alleged victim(s) of sexual harassment to discuss:

   • The availability of supportive measures, the Complainant’s wishes with respect to  supportive measures, and the availability of supportive measures with or without the filing  of a formal complaint;
   • The Title IX Grievance Process and the Complainant’s right to file a formal complaint of sexual harassment;
     • Resources available both on and off campus;
     • The College’s prohibition against retaliation; and
   • The Complainant’s right to contact or decline to contact law enforcement if the conduct is criminal in nature, and if requested, assist the Complainant with notifying law enforcement.

   If the Title IX Coordinator determines during the initial assessment that the conduct at issue does  not constitute sexual harassment as defined under these procedures or Title IX, did not occur in  the College’s educational programs or activities, or did not occur within the United States, then  the Title IX Coordinator may take one or more of the following steps, as appropriate:

   1. Refer the student, employee, or other individual to the appropriate policy, complaint procedure, or College office for addressing the conduct at issue;
   2. Notify the Office of Human Resources, Student Success Services, Department of Public Safety, or another appropriate office or individual so that appropriate action can be taken;
   3. Provide the student with applicable information and resources.

   If the Complainant decides not to file a formal complaint of sexual harassment, the Title IX  Coordinator will determine if the Title IX Coordinator will initiate the formal complaint process,  given the College’s obligation to ensure it is not deliberately indifferent to sexual harassment that  occurs in its education programs and activities against a person in the United States.

   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).

   Presumption of Non-Responsibility: The Respondent shall be presumed not responsible for the alleged conduct, and MCC shall treat both parties equitably by not initiating any sanctions against the Respondent or impose any Remedies until a determination of responsibility has been made at the conclusion of the grievance process.

   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.

   Jurisdiction: Complaints will be dismissed if the allegations do not meet the definition of sexual harassment, did not occur as part of an educational program or activity, or did not occur against a person in the United States. At the time of filing a formal complaint, a Reporting Party must be participating in or attempting to participate in a MCC education program or activity. A complaint that is dismissed under the Title IX investigation process does not preclude MCC from investigating and/or taking appropriate corrective action based on another violation of law, policy or code of conduct. Additionally, a complaint may be dismissed, if the Reporting Party requests dismissal, the Respondent is no longer enrolled or employed by MCC, or the circumstances prevent sufficient investigation of evidence for determination. Upon dismissal for lack of jurisdiction, the parties will be given written notice with the reasons for dismissal simultaneously.

   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.

3. SUPPORTIVE MEASURES ASSESSMENT

   With respect to supportive measures, MCC will treat Complainants and Respondents equitably by  offering both parties supportive measures. Supportive measures are non-punitive, non-disciplinary  individualized services provided without fee or charge to Complainant or Respondent to restore or  preserve equal access to MCC’s educational programs or activities without burdening the other  party. These measures are designed to protect the safety of all parties and deter sexual harassment.

   Supportive measures may include counseling, extensions of deadlines or course-related adjustments, modifications of class schedules, campus escort services, mutual restrictions on  contact between the parties, leaves of absence, and other similar measures. Supportive measures will remain confidential to the extent possible. Failure to comply with the terms of supportive protections may be considered a separate grounds for disciplinary action.

   1. Emergency Removal of Students:
      

      MCC may remove a student Respondent from an education program or activity on an emergency  basis if there is an immediate threat to the physical safety of any students or other individuals  arising from the allegations of sexual harassment. Such removal may only be pursuant to an  individualized safety and risk analysis. In addition, the student Respondent must be notified and  provided an opportunity to appeal the decision to the Title IX Coordinator following removal. The  decision of the Title IX Coordinator will be final.

   2. Administrative Leave
      MCC may place a Respondent who is a non-student employee on administrative leave during the  pendency of the grievance process.

4. MANNER OF RESOLUTION

   FORMAL COMPLAINT

   A formal complaint is a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the College investigate the  allegation(s) of sexual harassment. When submitting a report of sexual harassment puts the Title IX Coordinator on notice of potential sexual harassment, filing a formal complaint constitutes a request that the College address the alleged sexual harassment under either the informal resolution process or investigation and hearing process set forth below.

   A formal complaint must include the following:

   1. The identity of the Respondent, if known;
   2. An allegation of conduct prohibited under these procedures;
   3. A description of the incident, including where it occurred, when it occurred, and what happened, to the extent known;
   4. A request for an investigation; and
   5. The Complainant’s digital or physical signature, or some indication that the Complainant  is the person filing the formal complaint.

   A formal complaint may not be filed anonymously. To file a formal complaint, the Complainant must be participating in or attempting to participate in a College program or activity. A formal complaint can be submitted via email, mail, or hand delivery to the Title IX Coordinator:

   Wanda Brown, Title IX Coordinator
   Prahl College Center PCCLL15
   (810) 762-0243 
   [email protected]
   [email protected]

   The Title IX Coordinator can provide additional information or answer any questions about filing  a formal complaint.

   The Title IX Coordinator has discretion to file a formal complaint even if the Complainant chooses  not to do so. This may occur when there is a safety concern, when allegations involve a College  employee, or when the College determines it has a legal obligation to proceed with the formal  complaint. Where the Title IX Coordinator files the formal complaint, the Title IX Coordinator is  not considered the Complainant or a party in the grievance process. Rather, the individual reported  to have experienced sexual harassment is the considered the Complainant.

   The Title IX Coordinator may consolidate formal complaints as to allegations of sexual harassment  that arise out of the same facts or circumstances (1) against more than one Respondent, (2) by  more than one Complainant against one or more Respondents, or (3) by one party against the other.

   It may be appropriate for the Title IX Coordinator to conduct an initial assessment of the allegations described in the formal complaint to determine if these grievance procedures apply or if the formal complaint must or should be dismissed and/or referred to the appropriate College  office to be addressed. For incidents involving employees, the Title IX Coordinator will contact  and consult the Office of Human Resources during the initial assessment.

   Notice of Allegations

   After a formal complaint is filed, the Title IX Coordinator will send a Notice of Investigation to the parties which includes all the following:

   1. An explanation of the College’s grievance process, including any informal resolution  process (or the applicable website address);
   2. The allegations that potentially constitute sexual harassment as defined under Title IX and MCC’s Title IX procedures, including the identity of the parties involved, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known;
   3. A statement that the Respondent is presumed not responsible for the alleged conduct and  that a determination regarding responsibility is made at the conclusion of the grievance  process;
   4. Notice that the parties may have an advisor of their choice, who may be, but is not required  to be, an attorney, present at any grievance proceeding or meeting;
   5. Notice that the parties may inspect and review evidence obtained as part of the  investigation that is directly related to the allegations raised in a formal complaint,  including the evidence on which the College does not intend to rely in reaching a  determination regarding responsibility and inculpatory or exculpatory evidence whether  obtained from a party or other source, so that each party can meaningfully respond to the  evidence prior to conclusion of the investigation; and
   6. Notice of any provision in the College’s policies or code of conduct that prohibits  knowingly making false statements or knowingly submitting false information during the  grievance process.

   MCC will provide supplemental notice to the parties if additional allegations are discovered that require investigation.

   A formal complaint may be resolved through an informal resolution process or through a formal investigation and hearing. The informal resolution process is not available for complaints that allege sexual harassment by an MCC employee against a student or allegations of sexual assault.

   Conflicts of Interest

   The Title IX Coordinator, Investigator, Decision-Maker, and any individual designated to facilitate  an informal resolution process, will have no conflict of interest or bias against either party or  Complainants or Respondents generally. Any individual serving in one of these roles has an  obligation to disclose an actual or potential conflict of interest to the Title IX Coordinator. The  parties may raise concerns regarding any conflict of interest to the Title IX Coordinator, who will  determine whether such conflict exists and, if applicable, take appropriate steps to address it.

   Respondent Presumed Not Responsible

   The Respondent shall be presumed not responsible for the alleged conduct, and MCC shall treat both parties equitably by not initiating any sanctions against the Respondent or imposing any remedies until a determination of responsibility has been made at the conclusion of the grievance  process.

   Standard and Burden of Proof

   In every sexual harassment investigation, the standard of proof required is a preponderance of evidence (the evidence demonstrates that it is more likely than not that the sexual harassment occurred). The burden of proof and obligation to gather evidence is on the College.

   Confidentiality

   The College will keep confidential the identity of any individual who has made a report or filed a formal complaint of sexual harassment, any individual who has been identified as the perpetrator  of sexual harassment or discrimination, and any witness, except as permitted by the Family  Educational Rights and Privacy Act (“FERPA”), 20 USC 1232g, as required by law, or to carry  out the purposes of the regulations implementing Title IX, 34 CFR part 106.

   False Reporting

   Faculty members, staff members or students who knowingly submit a false complaint under these  procedures 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.

   DISMISSAL OF FORMAL COMPLAINT

   A formal complaint must be dismissed when the conduct alleged in the formal complaint –

   1. does not meet the definition of sexual harassment;
   2. did not occur as part of an educational program or activity, or
   3. did not occur against a person in the United States.

   A formal complaint may be dismissed at any time in the following circumstances:

   1. The Complainant withdraws the formal complaint in writing;
   2. The Respondent is no longer enrolled or employed by MCC; or
   3. The circumstances prevent sufficient investigation of evidence for determination.

   Upon dismissal of a formal complaint, the parties will be given written notice with the reasons for  dismissal and information on their right to appeal the dismissal, simultaneously.

   Dismissal of a complaint under the Title IX investigation process does not preclude MCC from investigating and/or taking appropriate corrective action based on other College policy or procedure, the Student Code of Conduct, or state or federal law.

   INFORMAL RESOLUTION PROCESS

   The goal of the informal resolution process is to resolve concerns at the earliest stage possible, with the cooperation of all parties involved. The informal resolution process may include an inquiry into the facts but does not include a formal investigation. Means for resolution are flexible  and encompass a full range of possible appropriate outcomes, including voluntary agreements  through mediation in accordance with College policies and procedures. Informal 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 ensure that the  resolution has been implemented effectively. Steps taken to encourage resolution and agreements reached through informal resolution efforts will be documented. The amount of time needed to complete the informal resolution process will vary based on the allegations, type of resolution sought, and method of resolution. However, the College will aim to complete the informal resolution process within 30 school days.

   The informal resolution process is not an option where the allegations in the complaint involve an employee sexually harassing a student or allegations of sexual assault.

   To engage in the informal resolution process, a formal complaint of sexual harassment must be filed and both parties must provide voluntary, written consent. The informal resolution process can be facilitated at any time before a determination regarding responsibility is reached. This process  does not involve a full investigation and adjudication.

   Prior to engaging in the informal resolution process, the College will provide both parties with written notice of the following:

   • The allegations; 
   • The requirements of the informal resolution process, which includes preclusion of resuming formal investigation from the same allegations once a resolution is reached; 
   • The right of any party to withdraw from the informal resolution process and the resume the grievance process at any time prior to agreeing to a resolution; and 
   • The consequences of participating in the informal resolution process, including the records of the informal resolution process that will be maintained or could be shared.

   Formal Investigation: If no resolution can be reached that is acceptable to all parties and to the  College, the Title IX Coordinator and/or Investigator may, if appropriate, institute an investigation.

   FORMAL INVESTIGATION AND HEARING

   Trained, neutral Title IX Investigators shall conduct formal investigations under the oversight of the Title IX Coordinator or their designee.

   Time Frame

   The College will seek to complete the entire grievance process, including the resolution of any appeals, within ninety (90) college days. If the investigation cannot be completed within that time,  the Title IX Coordinator will so inform the reporting party/parties and the Respondent via written  notice. The grievance process may be delayed, or the timelines provided within this process  extended for good cause with written notice to the parties. Good cause may include the absence of  a party, party’s advisor, or witness; concurrent law enforcement activity, or the need for language  assistance or accommodation of disabilities.

   Gathering and Reviewing Evidence

   The Title IX 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. Both the Complainant and Respondent will have an opportunity to identify potential  witnesses and provide any evidence or other information relevant to the investigation. Neither  party is precluded from discussing the allegations under investigation or from gathering/presenting  evidence.

   MCC bears the burden of proof and obligation to gather evidence sufficient to reach a determination of responsibility. MCC also shall not access, consider, disclose, or otherwise use a party’s records made or obtained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in a professional or paraprofessional capacity, or assisting  in that capacity, made and maintained in connection with the provision of treatment without the  voluntary, written consent of the party. MCC shall not require, allow rely upon, or otherwise use  questions or evidence that constitutes or seeks disclosure of, information protected by a legally  recognized privilege without proper waiver.

   During the investigation process, both parties will be provided timely notice of any meeting at which their presence is requested or required (notices will be sent to the individual’s official mcc.edu e-mail account). Such notice will include the date, time, location, participants, and purpose of such hearings, interviews, or other meetings, with sufficient time for the party to prepare  to participate. The Complainant will not be required to appear in the same room or otherwise  confront the Respondent. The parties are not permitted to personally cross-examine each other during the investigation process. However, each party’s advisor will have the opportunity to cross question witnesses and the opposite party during the hearing process.

   Advisor

   Upon request, the Complainant and the Respondent may each have an advisor of his or her choice  present when he or she is interviewed and during any other meeting or proceeding they are  expected to attend. A Complainant or Respondent who is in a union may have a union representative as his or her advisor, or present as a support person at the hearing. The College may  establish restrictions on an advisor’s participation in the grievance process; such restrictions will  be applied equally to both parties.

   Investigative Report

   At the conclusion of the investigation, the Title IX Investigator shall prepare an investigative report  that fairly summarizes the evidence. Generally, an investigation report should include a statement  of the allegations and issues; the positions of the parties; a description of the investigation  conducted, and a summary of the evidence.

   Before completing the investigative report, the Title IX Coordinator or Investigator will send to each party and the party’s advisor, if any, the evidence (in an electronic format or hard copy) obtained as part of the investigation that is directly related to the allegations raised in the formal complaint. The parties and their advisors will be provided a hard or electronic copy of the draft investigative report and given ten (10) school days to provide a response. The Investigator will consider any responses received before finalizing the investigative report.

   The Title IX Coordinator or their designee will then provide the parties and the Decision-Maker with 1) the final investigation report; 2) notice that the matter is referred to the Decision-Maker, who will serve as the hearing officer for the hearing; and 3) reasonable electronic access to the evidence in a format that restricts the parties from downloading or copying the evidence. Such evidence will also be available at the hearing to give each party equal opportunity to refer to the evidence as needed, including for the purpose of cross-examination.

   Hearing

   After receiving the final investigative report, the parties will be provided with a notice of hearing,  will include the date of the hearing, the identity of the Decision-Maker (who will serve as the  hearing officer), and any deadlines for submitting the names of witnesses or evidence. The  Decision-Maker will be appointed by the Title IX Coordinator.

   At the discretion of the Title IX Coordinator, he or she may convene a prehearing meeting with the parties’ advisors to discuss the hearing procedures, identification of witnesses and evidence, proposed questions to be asked of either party, and/or other relevant topics. The hearing will occur  no sooner than 10 days after the parties receive the final investigative report. The parties and their  advisors will also be notified of the opportunity to submit written, relevant questions that the party  wants asked of any party or witness. The Decision-Maker must explain to the party proposing the  questions any decision to exclude a question as not relevant.

   Hearing Format: The Decision-Maker has broad discretion to determine the hearing format. The  Decision-Maker is responsible for maintaining an orderly, fair, and respectful hearing and has  broad authority to respond to disruptive or harassing behaviors, including adjourning the hearing  or excluding the offending person. If reasonable efforts to accommodate witness schedules are not  successful, the Decision-Maker has the discretion of whether to continue the hearing.

   At either party’s request, the College must provide for the live hearing to occur with each party  participating in different locations but with technology enabling the Decision-Maker and parties  to simultaneously see and hear the party or the witness answering questions. The hearing begins  when the Decision-Maker calls the hearing to order. The Decision-Maker will call for the reporting  party. The Respondent’s advisor then has the opportunity to question the reporting party. The  Decision-Maker may ask questions of the reporting party.

   Witness Questioning and Cross-Examination: The live (in-person or virtual) hearing is for the  purpose of permitting each party’s advisor to ask the other party and any witnesses relevant questions and follow-up questions, including those challenging credibility. Cross-examination must be direct, oral, and in real time by a party’s advisor. If the party does not have an advisor, the  College shall appoint an advisor without charge. A party may not personally conduct cross examination of the opposing party. The hearing is not intended to be a repeat of the investigation.  Before a party or witness answers a question on cross-examination, the Decision-Maker will  determine if the question is relevant and explain any decision to exclude the question as not  relevant.

   If a party or witness does not submit to cross-examination at the live hearing, the Decision-Maker  must not draw a negative inference from a party’s or witness’s absence or refusal to submit to  cross-examination.

   The Decision-Maker may also ask questions of either party and any witnesses. The Decision-Maker may decline to hear from a witness where he or she concludes that the information is not necessary to make a determination regarding responsibility.

   Relevant Evidence: Questions concerning the Complainant’s sexual predisposition or prior sexual  behavior are not relevant, unless (1) the question or evidence presented is offered to prove that  someone other than the Respondent committed the conduct alleged by the Complainant; OR (2)  the questions or evidence concern specific incidents of the Complainant’s prior sexual behavior  with respect to the Respondent and are offered to prove consent.

   Record of Hearing: The hearing and any prehearing conference are closed to the public. The Complainant and Respondent may each have one adviser of their choice present throughout the hearing process. Witnesses are not to be present at any party’s hearing location until called by the  Decision-Maker. No individual, other than the Decision-Maker, may make an audio or video  recording of the hearing unless given prior approval by the Decision-Maker. The Title IX  Coordinator or other administrators relevant to the case may attend the hearing.

   An audio or audiovisual recording or transcript of the live hearing will be made available to the parties for review upon request.

   Determination Regarding Responsibility

   Following an objective review of all relevant evidence, the Decision-Maker will make a determination, by a preponderance of the evidence, whether the Respondent has engaged in sexual  harassment as defined by the Title IX regulations and these procedures implementing Title IX, 34  CFR 106.30. Any credibility determinations may not be based on a person’s status as a  Complainant, Respondent, or witness. Both the Complainant and the Respondent will be simultaneously issued a written determination that includes:

   1. the allegations potentially constituting sexual harassment;
   2. a description of the procedural steps taken during the grievance process, including any notifications to the parties, interviews, methods used to gather evidence, and hearings held;
   3. findings of fact supporting the determination;
   4. conclusions regarding the application of MCC’s policies and code of conduct to the facts;
   5. a statement of, and rational for, the result as to each allegation, any disciplinary sanctions to be imposed on the Respondent, and whether any remedies will be provided to the Complainant; and
   6. MCC’s procedures and permissible bases for appeal.

   Remedies: The determination regarding responsibility may include remedies, such as:

   • Counseling
   • Extensions of deadlines or other course-related adjustments,
   • Modifications of work or class schedules,
   • Campus escort services,
   • One-way restrictions on contact or housing locations,
   • Leaves of absence, and
   • Increased security and monitoring of certain areas of campus.

   Remedies will be implemented by the Title IX Coordinator.

   Disciplinary Action: The determination regarding responsibility may impose or recommend disciplinary action for the Respondent if the Decision-Maker concludes, by a preponderance of the evidence, that the Respondent has engaged in sexual harassment in violation of these procedures. The applicable Associate Vice President will make final disciplinary decisions and implement  discipline. For students and staff, such discipline may include, as applicable:

   • Verbal warning
   • Written warning
   • Written reprimand
   • Probation
   • Permanent removal from a course
   • Suspension/expulsion
   • Paid/unpaid suspension
   • Termination of employment

   Referral: The Decision-Maker may find that the Respondent engaged in other misconduct, including conduct that violates other Board Policies, the Student Code of Conduct, or the law. In such circumstances, the Decision-Maker may recommend disciplinary action for such violations and refer the matter to the Student Success Services (for Respondents who are students) or the Office of Human Resources (for Respondents who are employees) for consideration and implementation.

   APPEAL PROCESS

   Either party may appeal from the determination regarding responsibility or the dismissal of a formal complaint on one of the grounds for appeal listed below.

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

   1. A procedural error or omission occurred that affected the outcome of the matter;
   2. To consider new evidence, unknown or unavailable when the determination regarding responsibility or dismissal was made, that could impact the outcome of the matter;
   3. The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual  Complainant or Respondent that affected the outcome of the matter; and/or
   4. The recommended corrective actions are substantially disproportionate to the severity of the violation.

   The Complainant or the Respondent shall have seven (7) calendar days from receipt of the determination regarding responsibility or written notice of dismissal, as applicable, to file an appeal with the Title IX Coordinator. The appeal shall state in writing the grounds for appeal. Failure to file an appeal will render the decision final and conclusive. Upon receipt of an appeal, the Title IX Coordinator shall notify the other party in writing that an appeal has been filed. The other party will then have seven (7) calendar days to respond to the appeal in writing.

   A Title IX Appeals Officer will review the appeal and issue a written decision to both parties simultaneously within fifteen (15) calendar days of receiving the appeal documents. The Title IX  Appeals Officer will be a different individual from the Decision-Maker, Investigator, or Title IX Coordinator, and must be free of any conflict of interest or bias. The decision on appeal shall be final.

   Appeals shall be decided upon the record of the original investigation and upon written summaries  submitted by the parties, except as provided below. A new hearing shall not be conducted.

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

   These timeframes may be extended for good cause, if the parties are provided with notice of the extension.

• Board Policy 5200 - Equal Educational Employment Opportunity (EEO)/Non-Discrimination
  • Board Policy 5202 - Other Harassment

• Definitions:

  Actual Knowledge

  The College is considered to have notice of sexual harassment or allegations of sexual harassment when any one of the following individuals has such knowledge:

  • The College’s Title IX Coordinator;
  • The College President;
  • The Vice President, Student Academic Success;
  • The Associate Vice President, Human Resources; or
  • The Associate Vice President, Workforce & Economic Development.

  An individual in one of these positions is required to inform the Title IX Coordinator about any alleged sexual harassment of which the individual has knowledge.

  The College does not have actual knowledge if the MCC official listed above is the alleged Respondent.

  Constructive notice or vicarious liability does not constitute actual notice. Further, the mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of MCC.

  Advisor

  A Complainant and Respondent may each bring an Advisor of their choosing with them to any meeting or interview to provide support, guidance, and/or advice. An Advisor may be an attorney but is not required to be, and may be a family member, friend, or other individual, provided they are not a witness and do not have another conflicting role in the grievance process. A party’s Advisor may not participate directly in or interfere with the investigation.

  During the hearing, each Complainant and Respondent shall have a Hearing Advisor. A Hearing Advisor may be the same individual who served as an individual’s Advisor during the investigation process. During the hearing, the Hearing Advisor will ask questions of the other party and any witnesses. If a Complainant or Respondent does not have a Hearing Advisor, MCC will provide one at no cost for the purpose of asking questions of the other party and witnesses during the hearing. When providing a Hearing Advisor to a Complainant or Respondent at no cost, MCC will select a Hearing Advisor who has received training commensurate with that of a Decision-Maker and who has received a copy of the investigative report and any documentary evidence with sufficient time to review and prepare prior to the hearing.

  Advocate

  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.

  Complainant

  The individual who is alleged to be the victim of conduct that could constitute sexual harassment.

  Consent

  Consent is a voluntary and unambiguous agreement to engage in specific sexual conduct, communicated through mutually understandable words and/or actions. The individual initiating the sexual activity is responsible for obtaining consent.

  Consent cannot be obtained through coercion, physical force, violence, duress, intimidation, or the threat (express or implied) of bodily injury. Consent cannot be inferred from silence, passivity, or lack of resistance alone. Consent to one sexual act does not constitute or imply consent to a different sexual act. Previous consent does not constitute or imply consent to future sexual acts. Consent is required regardless of the parties’ relationship status or sexual history together. In cases involving prior or current relationships, the manner and nature of prior communications between the parties and the context of the relationship may have a bearing on the existence of consent.

  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. An individual who seeks to withdraw consent must communicate, through clear words or actions, a decision to cease the sexual activity. If consent is withdrawn, the other party must immediately stop whatever sexual contact is occurring.

  A person is unable to consent if he or she is mentally incapacitated or physically helpless (due to alcohol, drugs, or otherwise), unconscious, asleep, or under the age of consent. In Michigan, the age of consent is 16 years old unless otherwise specified by law. See MCL 750.520a et seq.

  For purposes of determining the existence of consent, the issue is whether the Respondent knew, or reasonably should have known, that the activity in question was not consensual or that the Complainant was unable to consent due to incapacitation.

  Dating Violence

  For purposes of Title IX and these procedures, “dating violence” is defined, pursuant to the Violence Against Women Act, as violence committed by a person –

  1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
     1. The length of the relationship.
     2. The type of relationship.
     3. The frequency of interaction between the persons involved in the relationship.

  Day

  Unless otherwise specified herein, “day” refers to school days, or days when College classes are in session.

  Domestic Violence

  For purposes of Title IX and these procedures, the term “domestic violence” is defined, pursuant to the Violence Against Women Act, to include felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a –

  1. Current or former spouse or intimate partner of the victim;
  2. Person with whom the victim shares a child in common;
  3. Person cohabitating with or who has cohabitated with the victim as a spouse or intimate partner;
  4. A person similarly situated to a spouse of the victim under the State’s domestic or family violence laws;
  5. Person against another person who is protected from such acts under the State’s domestic or family violence laws.

  Preponderance of the evidence

  The standard of proof used in the College’s grievance process for sexual harassment cases, which asks whether it is “more likely than not” that the sexual harassment occurred.

  Respondent

  A person who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

  Responsible employee

  is an employee with the authority to redress sexual and interpersonal violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee; or whom a student could reasonably believe has this authority or duty. If a responsible employee is aware of sexual violence, then the college is considered on notice of that sexual violence.

  Retaliation

  Intimidation, threats, coercion, or discrimination against another person for the purpose of interfering with any right or privilege secured by Title IX, MCC Policies, or these Title IX Investigation procedures, or because the person has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing as described in these grievance procedures. Retaliation includes harassment and intimidation, including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequences, and bullying.

  Sexual Assault

  For purposes of Title IX and these procedures, “sexual assault” is defined, pursuant to the Clery Act, as any sexual act including Rape, Sodomy, Sexual Assault With An Object, Fondling, Incest, and Statutory Rape (as those terms are defined below), directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent; also unlawful sexual intercourse. In Michigan, the age of consent is 16 years old unless otherwise specified by law. See MCL 750.520a et seq.

  • Rape (Except Statutory Rape): The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
  • Sodomy: Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
  • Sexual Assault With An Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
  • 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 his/her age or because of his/her temporary or permanent mental or physical incapacity.
  • Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.

  Sexual Discrimination

  Inequitable treatment of individuals on the basis of gender.

  Sexual Harassment

  For purposes of Title IX, sexual harassment is defined as conduct on the basis of sex that satisfies one or more of the following:

  1. A College employee conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity;
     or
  3. Sexual assault as defined in the Clery Act, or dating violence, domestic violence, or stalking as defined in the Violence Against Women Act.

  Stalking

  For purposes of Title IX and these procedures, “stalking” is defined, pursuant to the Violence Against Women Act, as engaging in a course of conduct directed at a specific person that would cause a reasonable person to –

  1. Fear for his or her safety or the safety of another; or
  2. Suffer substantial emotional distress.

  Title IX Coordinator

  The individual designated and authorized by the College to ensure the College’s compliance with Title IX and related policies and procedures, including the provision of supportive measures as and the implementation of the grievance process, as described below. References to the Title IX 6 Coordinator throughout these Title IX Grievance Procedures refer to the Title IX Coordinator as well as any designee assigned by the Title IX Coordinator.

In response to 34 CFR Part 106.45(b)(10) of the 2020 Title IX Final Rule, Mott Community College is required to publicly share all materials used to train Title IX personnel at the College. These individuals include the Title IX Coordinator and Deputy Coordinators, investigators, decision-makers (including hearing panel members), and any person who facilitates an informal resolution process. The College will continue to post access to training materials through this website to the extent necessary to comply with Title IX.

Training topics must include: the definition of sexual harassment as proscribed by the Title IX regulations; the scope of the College’s education program or activity; how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable. Additionally, the decision-maker(s) must receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant. Investigators must also receive the appropriate training needed to create an investigative report that fairly summarizes relevant evidence.

Further, any individual designated as a Title IX Coordinator/Deputy Coordinator, investigator, decision-maker, or any person facilitating an informal resolution, will not have a conflict of interest or bias for or against a complainant or a respondent. Any materials used to train the Title IX Coordinator/Deputy Coordinators, investigators, decision-makers, and any person facilitating an informal resolution must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.

• Title IX Coordinator Training
  • Coordinator One Training
  • Coordinator Two Training
  • Coordinator Three Training
  • Title IX and Athletics
  • Title IX and Grievance Procedures
  • Title IX and Sex-Based Harassment
  • Title IX and Gender Equity

• Title IX Investigator Training
  • Investigator One
  • Investigator Two
  • Investigator Three
  • Investigator Four

• Title IX Hearing Officer Training
  • Hearing Officer Training Materials
  • Live Hearings

• Title IX Pregnant & Parenting Training
  • Pregnancy & Parenting Training

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.

Students

Under Title IX, it is illegal for schools to exclude a pregnant student from participating in any part of an educational program because of pregnancy and/or the birth, adoption, or placement of a child. 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 health care provider deems the absences medically necessary. The leave term may be extended in the case of extenuating circumstances or medical necessity.

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 later, especially after longer periods of leave.

To initiate a leave of absence, the student must contact the Title IX Coordinator at least 30 calendar days prior to the initiation of leave, or as soon as practicable. The Coordinator will assist the student in completing any necessary paperwork.

Employees

Information on employment leave can be found on the MCC Human Resources website. If an employee, including a student-employee, is not eligible for leave under the aforementioned leave policy because they either (1) do not have enough leave time available under that policy, or (2) have not been employed long enough to qualify for leave under that policy, they are eligible to qualify for pregnancy or related condition leave under Title IX. Pregnancy and related conditions will be regarded as a justification for a leave of absence without pay for a reasonable period of time.

Employees who take leave under Title IX must be reinstated to the status held when leave began or a comparable position without a negative effect on any employment privilege or right.

For assistance regarding accommodations due to pregnancy/childbirth and medically excused absences:

• Fill out Pregnant and Parenting Student Request Form and submit with requested medical documentation to the Title IX office via email at [email protected].
• Contact the Title IX office at [email protected] or .

Students and employees who wish to voice a concern or file a complaint of discrimination should contact the Title IX Coordinator at or for assistance.

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 [email protected] 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.

As an equal opportunity institution, Mott Community College (MCC) encourages diversity and provides equal opportunity in education, employment, all of its programs, and the use of its facilities. MCC does not discriminate in educational or employment opportunities or practices on the basis of race, sex, color, religion, gender, gender expression, gender identity, national origin, veteran’s status, age, disability unrelated to an individual’s ability to perform adequately, sexual orientation, or any other characteristic protected by law.

Title IX Coordinator Contact Information: Wanda Brown, , (PCCLL15), , or .

Title II, ADA, Coordinator Contact Information: Aurya Anuket El, , (CM 1117), , or .

Section 504 Coordinator Contact Information: , (PCC 2280A), , or .

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 Student Success Center, PCC2280. Inquiries regarding compliance in employment should be directed to Human Resources, CM1024.

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.

• login required  Pregnant and Parenting Student Request Form
• Requirements Regarding Pregnant and Parenting Students

Any MCC employee who becomes aware of a student’s pregnancy or related condition is required to provide the student with the Title IX Coordinator’s contact information and communicate that the Coordinator can help take specific actions to prevent discrimination and ensure equal access to MCC’s education program and activity. If the employee has a reasonable belief that the Title IX Coordinator is already aware of the pregnancy or related condition, the employee is not required to provide the student with the Title IX Coordinator’s contact information.

Upon notification of a student’s pregnancy or related condition, the Title IX Coordinator will contact the student and inform the student of MCC’s obligations to:

• Prohibit sex discrimination.
• Provide reasonable modifications.
• Allow access, on a voluntary basis, to any separate and comparable portion of the institution’s education program or activity.
• Allow a voluntary leave of absence.
• Ensure lactation space availability.
• Maintain a Resolution Process for alleged discrimination.
• Treat pregnancy as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes.

The Title IX Coordinator will also notify the student of the process to file a complaint for alleged discrimination, harassment, or retaliation, as applicable.

Students who are pregnant or are experiencing related conditions are entitled to reasonable modifications to prevent sex discrimination and ensure equal access to the MCC’s education program and activity. Any student seeking reasonable modifications must contact the Title IX Coordinator to discuss appropriate and available reasonable modifications based on their individual needs. Students are encouraged to request reasonable modifications as promptly as possible, although retroactive modifications may be available in some circumstances. Reasonable modifications are voluntary, and a student can accept or decline the offered reasonable modifications. Not all reasonable modifications are appropriate for all contexts. Reasonable modifications may include:

• Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom
• Intermittent absences to attend medical appointments
• Access to online or homebound education
• Changes in schedule or course sequence
• Time extensions for coursework and rescheduling of tests and examinations
• Allowing a student to sit or stand, or carry or keep water nearby
• Counseling
• Changes in physical space or supplies (for example, access to a larger desk or a footrest)
• Elevator access
• A larger uniform or other required clothing or equipment
• Other changes to policies, practices, or procedures determined by the Title IX Coordinator

In situations such as clinical rotations, performances, labs, and group work, the institution will work with the student to devise an alternative path to completion, if possible. In progressive curricular and/or cohort-model programs, medically necessary leaves are sufficient cause to permit the student to shift course order, substitute similar courses, or join a subsequent cohort when returning from leave. Students are encouraged to work with their faculty members and the MCC’s support systems to devise a plan for how to best address the conditions as pregnancy progresses, anticipate the need for leaves, minimize the academic impact of their absence, and get back on track as efficiently and comfortably as possible. The Title IX Coordinator will assist with plan development and implementation as needed.

Supporting documentation for reasonable modifications will only be required when it is necessary and reasonable under the circumstances to determine which reasonable modifications to offer to determine other specific actions to take to ensure equal access. Information about pregnant students’ requests for modifications will be shared with faculty and staff only to the extent necessary to provide reasonable modification.

Students experiencing pregnancy-related conditions that manifest as a temporary disability under the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act are eligible for reasonable accommodations just like any other student with a temporary disability. The Title IX Coordinator will consult with Disability Services to ensure the student receives reasonable accommodations for their disability as required by law.

All students should be informed of health and safety risks related to participation in academic and co-curricular activities, regardless of pregnancy status. A student may not be required to provide health care provider or other certification that the student is physically able to participate in the program or activity, unless:

1. The certified level of physical ability or health is necessary for participation;
2. The institution requires such certification of all students participating; and
3. The information obtained is not used as a basis for pregnancy-related discrimination.

MCC provides students and employees with access to lactation spaces that are functional, appropriate, and safe. Such spaces are regularly cleaned, shielded from view, and free from the intrusion of others. Lactation spaces are located in the following locations:

• Curtice-Mott Complex:
  • Room CM1140C
  • Room CM1146C
  To schedule use of either room, call 810-762-0222.
• Family Life Center
  To schedule use at this location call 810-232-4962.