NMU's Policy and Resource Database

Sexual Misconduct

This Policy is sponsored by the Equal Opportunity, NMU Police Department, and Dean of Students Offices.

It implements the requirements set forth by the Board of Trustees Sexual Misconduct Overview Policy dated July 23, 2015.  Specifically, this Policy contains the University's sexual misconduct resources and procedures.

All university students, faculty, staff, and visitors.

Note:  See also the 11/2/2017 Policy Amendment which resides on it's own page in the Policy Database.  http://www.nmu.edu/policies?p=1241&type=Policy

Table of Contents

Policy Statements                                                                                      

Section 1.        WHAT EXACTLY IS SEXUAL MISCONDUCT?         

Section 2.        HOW DO I REPORT SEXUAL MISCONDUCT?        

Section 3.        WHO WILL FIND OUT IF I REPORT SEXUAL MISCONDUCT?    

Section 4.        WHAT ABOUT RETALIATION?                                 

Section 5.        OPTIONS AVAILABLE TO YOU IMMEDIATELY   

Section 6.        OTHER THINGS YOU NEED TO KNOW RIGHT AWAY    

Section 7.        WHERE TO GET HELP

Section 8.        THE PROCESS THAT OCCURS WHEN STUDENTS REPORT SEXUAL

                        MISCONDUCT

Section 9.        THE PROCESS THAT OCCURS WHEN AN EMPLOYEE IS

                        INVOLVED IN SEXUAL MISCONDUCT                   

Section 10.      WHAT HAPPENS IF AN INDIVIDUAL IS FOUND RESPONSIBLE

                        FOR SEXUAL MISCONDUCT BY THE UNIVERSITY?       

Section 11.      HOW IS THIS DIFFERENT FROM THE CRIMINAL PROCESS?        

Section 12.      WHAT DOES THE UNIVERSITY DO TO TRY TO PREVENT

                        SEXUAL MISCONDUCT AND EDUCATE STUDENTS AND

                        EMPLOYEES ABOUT THE RISKS?     

Section 13.      GLOSSARY OF DEFINITIONS

We Are Here to Help

Northern Michigan University provides resources to assist students, faculty, and staff who experience any form of sexual misconduct.  If you are the victim of any kind of assault your first priority is to go to a safe place.  If you are in need of emergency services please call the NMU Police Department at 227-2151 or call 911.  Northern Michigan University encourages victims of any form of assault to contact the NMU Police Department.

After emergency care has been provided, individuals who have been the victim of sexual misconduct may need both immediate and long-term support.  In order to help you find the resources you need, NMU has organized this document in sections.  Each section is linked: press CTRL Click or Click (depending on the electronic device) on the underlined section link.

Policy Statements:  The overarching rules NMU will follow when addressing sexual misconduct.

Section 1.        WHAT EXACTLY IS SEXUAL MISCONDUCT?  This section states the University definition of sexual misconduct and the State of Michigan’s definition of criminal sexual conduct.

Section 2.        HOW DO I REPORT SEXUAL MISCONDUCT?   This section explains where you can report sexual misconduct and the type of support that each area can provide.   In addition, it covers some of the reasons that it is important to report or simply reach out to get help.   Information about the level of confidentiality you can expect when you report sexual misconduct is also provided.

Section 3.        WHO WILL FIND OUT IF I REPORT SEXUAL MISCONDUCT?  Many students and employees worry about who will know if they report sexual misconduct.  The fact is, who knows depends on the reporting options that you choose.  This section covers who will know for each choice you make.  It explains how NMU protects your confidentiality and describes the situations where the University is required to investigate and is compelled to let others know.  It also provides the definitions of confidential, strictly confidential, and confidential according to State law.

Section 4.        WHAT ABOUT RETALIATION?  NMU has a non-retaliation policy.  This policy identifies/describes what will happen if someone retaliates against you for making a report.   The respondent to the report, friends, family members, peer groups, or co-workers are prohibited from retaliation.  This section also covers retaliation through social media.

Section 5.        OPTIONS AVAILABLE TO YOU IMMEDIATELY:  After a report of sexual misconduct, NMU can help the complainant with options that may be necessary for the individual to feel safe/comfortable and to enable an individual to stay in school.  These include actions such as moving the respondent to other housing, moving the complainant to other housing, changing class sections or schedules, contacting teachers about missing a class, and more.  These are called “interim measures” because they can be done immediately and may not be permanent; we do not have to wait for the result of an investigation to take these actions.  However, the actions are only taken if the University is asked and therefore it is important to know the options.

Section 6.        OTHER THINGS YOU NEED TO KNOW RIGHT AWAY:  It is required by law that NMU provide information about preserving evidence that can be used as proof if the case goes to criminal trial.  This section details that information and informs about how outside agencies can assist.

Section 7.        WHERE TO GET HELP:  This section is a list of resources, the services they provide, and how to contact them.  Both the complainant and respondent are entitled to use the resources listed.

Section 8.        THE PROCESS THAT OCCURS WHEN THE UNIVERSITY RECEIVES A REPORT THAT A STUDENT HAS ENGAGED IN SEXUAL MISCONDUCT:  This section outlines each step that is taken when the University is notified of sexual misconduct involving a student or students.  It identifies the options that students have and describes what happens when a particular option is selected.

Section 9.        THE PROCESS THAT OCCURS WHEN AN EMPLOYEE IS INVOLVED IN SEXUAL MISCONDUCT:  The process is slightly different when one of the individuals involved is a University employee.  There is also a process for addressing sexual misconduct when the respondent is part of an education program but is not a University student or employee, such as internship or practicum supervisors.

Section 10.      WHAT HAPPENS IF AN INDIVIDUAL IS FOUND RESPONSIBLE FOR SEXUAL MISCONDUCT BY THE UNIVERSITY?  This section lists the sanctions that NMU is authorized to impose.

Section 11.      HOW IS THIS DIFFERENT FROM THE CRIMINAL PROCESS?  The University process is separate from the criminal court process.  When NMU finds someone responsible for sexual misconduct, the University is limited in how it may respond.  However, anyone can decide to make a criminal complaint.  This section provides an overview of the criminal process and outlines how NMU can assist.

Section 12.      WHAT DOES THE UNIVERSITY DO TO TRY TO PREVENT SEXUAL MISCONDUCT AND EDUCATE STUDENTS AND EMPLOYEES ABOUT THE RISKS?  This section identifies the University’s prevention and education programs, which includes training for employees.

Section 13.      GLOSSARY OF DEFINITIONS.  Definitions in alphabetical order.

SECTION 1 – WHAT EXACTLY IS SEXUAL MISCONDUCT?

Sexual Misconduct is a term that collectively identifies any of the following acts of unwanted or unwelcome conduct of a sexual nature that occurs without consent:  sexual assault, sexual harassment, stalking, dating violence, voyeurism, sex discrimination, domestic violence, and any other conduct of a sexual nature that is nonconsensual.

Sexual Assault is a legal term that means sexual contact without consent. More specifically, “sexual assault” for purposes of this Policy means any of the forms of criminal sexual conduct described in Sections 520b through 520g of the Michigan Penal Code (MCL 750.520b - .520g) involving a University student or employee as the complainant and/or respondent. Sexual assault consists of sexual intercourse without consent, forcible sodomy or sexual penetration with an inanimate object, the intentional touching of an unwilling individual’s intimate parts (defined as genitalia, groin, pelvic region, inner thigh, breast or buttocks, or clothing covering them), or forcing an unwilling individual to touch another’s intimate parts. These acts must be committed either by force, threat, intimidation, or by taking advantage of someone’s helplessness or inability to consent of which the alleged perpetrator was aware or should have been aware. Regardless of the relationship that exists between the parties, if consent is not given or force or coercion is used against a party, any sexual contact is within the definitions of criminal sexual conduct and sexual assault.

Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or visual communication or physical conduct of a sexual nature when:

1. Submission to such conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodations or public services, education, or housing.
2. Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting such individual's employment, public accommodations or public services, education, or housing.
3. Such conduct or communication has the purpose or effect of unreasonably interfering with an individual's employment, public accommodations or public services, education, or housing; or creating an intimidating or hostile environment in employment, public accommodations, public services, education, or housing.

There are two main types of sexual harassment:  quid pro quo harassment and hostile environment.   Quid pro quo means "this for that."  This occurs when a promotion, employment benefit, or education benefit is directly tied to an unwelcome sexual advance.   Hostile environment sexual harassment occurs when verbal, non-verbal and/or physical conduct is:

• sexual and/or based on sex, gender, gender identity or sexual orientation (actual or perceived),
• unwelcome, and
• sufficiently severe and pervasive to interfere with a person's work/learning/program performance or to create a hostile, intimidating or offensive environment.

Examples of Sexual Harassment

All members of the University community are expected to be familiar with the following list. Examples of behaviors which may constitute sexual harassment or inappropriate conduct include but are not limited to:

• Deliberate touching which does not contribute to or advance the work, service, or education activity being conducted.
• Repeated brushing against or touching of another's body, which does not contribute to or advance the work, service, or education activity being conducted.
• Pressure or demands for a date or for sexual activity with a subordinate by an individual in authority.
• Repeated requests for a date or for sexual activity which are declined.
• Pictorial or actual displays of obscenity which do not contribute to or advance the work, service, or education activity being conducted.
• Written/electronic, verbal, pictorial (screen saver/wallpaper), or nonverbal communications of a sexual nature which do not contribute to or advance the work, service, or education activity being conducted.

Stalking is a course of physical or verbal conduct directed at another individual in a manner that could be reasonably regarded as likely to alarm, harass, or cause fear of harm or injury to that individual or a third party.  It includes the persistent imposition of unwanted contacts with another person.  A course of conduct consists of at least two acts.  The fear of harm or injury may be physical, emotional, or psychological or related to the personal safety, property, education, or employment of that individual.  Stalking may include cyber-stalking, a particular form of stalking where electronic media or electronic devices are used to track or contact individuals.

Dating Violence under Michigan law is part of the domestic violence definition.  See Domestic Violence definition below.

Voyeurism is the practice of obtaining sexual gratification by looking at sexual objects or acts, especially secretively.  In Michigan, voyeurism includes using devices for observing, recording, photographing or eavesdropping in private places.  See MCL 750.539d

Sex Discrimination is the treatment of someone unfavorably or less favorably because of that person’s sex.  Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is a violation of Title VII.

Domestic Violence, also called Intimate Partner Violence, Dating Violence, and Domestic Partner Violence includes any act of violence or threatened act of violence against an individual who is or has been involved in a sexual, dating, domestic or other intimate relationship with the respondent.  Intimate partner violence may involve one act or an ongoing pattern of behavior.  It may take the form of threats, assault, violence, or threat of violence to family members or friends of the intimate partner.   In Michigan, the term domestic is defined at MCL 764.15a and includes the spouse or former spouse of a victim, a person who resides or has resided in the same household as the victim, has a common child with the victim, or has had a dating relationship with the victim.

Consent is an affirmative, conscious decision by each participant to engage in mutually agreed-upon sexual activity.  Participants must act freely and voluntarily.  The following are essential elements of consent:

• Informed and reciprocal:  All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting.
• Freely and actively given:  Consent cannot be obtained through the use of force, coercion, threats, or intimidation, or by taking advantage of the incapacitation of another individual.
• Mutually understandable:  Communication regarding consent consists of mutually understandable words and/or actions that indicate an unambiguous willingness to engage in sexual activity.  In the absence of clear communication or overt demonstration, there is no consent.  Consent may not be inferred from silence, passivity, lack of resistance or lack of active response. An individual who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. Relying solely upon non-verbal communication can lead to a false conclusion about whether consent was sought or given.
• Not indefinite: Consent may be withdrawn by any party at any time. Recognizing the dynamic nature of sexual activity, individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity. Withdrawal of consent can be an expressed “no” or can be based on an outward demonstration that conveys that an individual is hesitant, confused, uncertain, or is no longer a mutual participant.  Once consent is withdrawn, the sexual activity must cease immediately and all parties must obtain mutually expressed or clearly stated consent before continuing further sexual activity.
• Not unlimited:  Consent to one form of sexual contact does not constitute consent to all forms of sexual contact, nor does consent to sexual activity with one individual constitute consent to activity with any other individual.  Each participant in a sexual encounter must consent to each form of sexual contact with each participant.  Even in the context of a current or previous intimate relationship, each party must consent to each instance of sexual contact each time. The consent must be based on mutually understandable communication that clearly indicates a willingness to engage in sexual activity.  The mere fact that there has been prior intimacy or sexual activity does not, by itself, imply consent to future acts.

Sexual decision-making is a shared responsibility.Each individual in a sexual encounter has a responsibility to communicate, in words or overt actions, the desired or undesired level of intimacy.This means that consent for sexual conduct must be voluntary, clear, and present before the behavior progresses.

Consent while under the influence of alcohol or other drugs:Northern Michigan University considers sexual encounters while under the influence of alcohol or other drugs to be risky behavior.Alcohol and other drugs impair an individual’s decision-making capacity, awareness of consequences, and ability to make informed judgments.If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to cease any sexual contact or activity.Consent cannot be given if an individual is incapacitated by alcohol or other drugs. 

Use or abuse of alcohol or other drugs by a person charged with a sexual misconduct does not diminish, and may increase, personal responsibility. Providing or making available any substance (e.g. alcohol or other drugs, including but not limited to GHB, Rohypnol and Ecstasy) may increase the personal responsibility of the provider to obtain consent for sexual activity.  The person reporting sexual misconduct will not be charged with a violation of the Student Code for use of alcohol or other drugs.

SECTION 2 – HOW DO I REPORT SEXUAL MISCONDUCT?

Anyone who has experienced sexual misconduct is strongly urged to report it to University officials, local law enforcement or both. The following grid shows where reports can be made and the level of confidentiality you can expect.

What happens if I report?

When you report, University officials will provide both verbal information and a pamphlet explaining the services, assistance and support that are available.

The information will outline your choices, including how to get assistance, counseling and support services and how to file a complaint with the NMU Police Department if you choose.  Support services are available regardless of whether you choose to participate in an investigation.

University officials will tell you about the disciplinary and complaint procedures that are available and provide you with written information about those procedures, possible sanctions, support assistance and other important topics. You will receive information about preserving evidence and certain protective orders that may be available. Any further actions will depend on the situation, your needs, and the choices that you make regarding an investigation.  By law, the Title IX Coordinator will always be informed of the report.  If possible, the University will contact the complainant by e-mail to provide an electronic copy of NMU's written support and resource materials.

If you are a member of the University community and report sexual misconduct to the NMU Police Department, they will notify only the University officials who have a need to know; this always includes the Title IX Coordinator who is required by law to ensure that an investigation occurs.  They will collect information in an impartial manner and will help to preserve relevant evidence. The steps of the investigation vary depending on the circumstances, your needs, and your choices.

What happens if I ask the University to take disciplinary action?

Victims of sexual misconduct have the power to ask the University to pursue a University investigation and possible sanctions against the respondent.  The actual steps that will happen are in (linked) SECTION 8 – STUDENT SEXUAL MISCONDUCT and SECTION 9 – EMPLOYEE SEXUAL MISCONDUCT.

Why it is important to report:

• To get the support and services you need now and in the future
• To allow the University to alert others to potential danger
• To identify and possibly prosecute offenders and repeat offenders
• To prevent future crime and violence
• To remove sexual predators from campus
• To allow the University to accurately count and address crime so that the University community has a clear understanding of campus risk.

SECTION 3 - WHO WILL FIND OUT IF I REPORT SEXUAL MISCONDUCT? WHAT DOES CONFIDENTIAL, STRICTLY CONFIDENTIAL, AND CONFIDENTIAL ACCORDING TO LAW ACTUALLY MEAN?

The University will treat the information it receives as part of University reporting procedures as confidential to the extent permitted. That means that only those within the University with a legitimate need to know will have knowledge of the complainant’s name and what occurred.  All employees involved with sexual misconduct processes receive specific training about respecting and safeguarding private information.

Any warnings required to alert the campus community to security and safety threats will not include the complainant’s name. If the University must send out a “timely warning notice” as required under the Clery Act or other information to provide a safe and nondiscriminatory environment for all students, the information will be carefully reviewed to protect confidentiality.  In the rare case that some of this information would allow the complainant’s identity to be guessed or known, the University will inform the student about the information being released.

In no case will students or student-employees have access to information provided in a sexual misconduct report (see legal exceptions to confidentiality below).

Can I make an anonymous report?   

Anyone can make a report without identifying themselves or providing the name of the individual who experienced the incident. The University is still obligated to investigate and take appropriate action, even if the report does not identify those involved.

What do you mean by confidential, strictly confidential, and confidential according to State and Federal Law?  Are there any exemptions?

Confidential:

Most reports fall into this category.  If you report to the NMU Police Department, the Title IX Coordinator, the Dean of Students Office, Housing and Residence Life, Faculty, Advisers, or other NMU Responsible Employees (except for the Health Center or Counseling Center) your report will be kept confidential.  This means that all conversations are kept as confidential as possible, but information about sexual misconduct must be shared with the Title IX Coordinator so that the University can take action, if necessary, for safety reasons. A very small number of people will know the circumstances of the report or the name of the complainant.  In planning any response, the University will give consideration to the wishes of the complainant.

Strictly Confidential:

The NMU Health Center and Counseling Center must keep reports strictly confidential.  Except for specific exceptions in accordance with federal and state law, nothing will be shared without the complainant’s informed written consent.  The Health Center and Counseling Center will keep a record of the number of complaints and log their locations, but will not report the names of the complainants unless the complaint falls under the legal exception to confidentiality.

Confidential According to Federal and State Law

Exploratory conversations are completely confidential except for the legal exceptions to confidentiality.  External resources, such as the Women’s Center and local hospitals adhere to this standard.

Legal Exceptions to Confidentiality

The Michigan Child Protection Law [1975 PA238 MCL 722.621 et. seq.] requires health service providers, teachers, law enforcement officials and other mandated reporters to report suspected child abuse, including sexual abuse of a child, to the Department of Human Services.

Police reports with identifying information redacted, may be available to the public upon request through a Freedom of Information (FOIA) request. 

SECTION 4 - WHAT ABOUT RETALIATION?

It is a violation of University policy to intimidate, discipline, discharge, or harass any individual who has in good faith reported misconduct or fraud, filed a complaint, instituted proceedings, assisted in an investigation or compliance review, or formally or informally objected to sexual misconduct and/or discriminatory practices.  The University will respond promptly to investigate any claims of retaliation.

Harassment or bullying by the respondent or the respondent’s friends, family or peer group; pressuring the complainant to drop the complaint; or making a negative education decision against a complainant in retaliation are all prohibited.  Retaliatory harassment or bullying via social media is prohibited.  Other types of retaliation that are prohibited include but are not limited to intimidation; adverse action with respect to student assignments or grades; adverse action which threatens or endangers a student’s access to campus educational and social programs; adverse action with respect to employment assignments, salary, vacation, or other terms of employment; unlawful discrimination; termination of employment; adverse action against a relative of the reporter; or threats of any of the above.

Northern Michigan University’s full Non-Retaliation Policy is available at http://www.nmu.edu/policies

SECTION 5 - OPTIONS AVAILABLE TO YOU IMMEDIATELY

After a report of sexual misconduct, NMU can help the complainant with several options that may be helpful or even necessary to continue living and feeling safe in a University residence or attending classes.  These include options such as moving the respondent to other housing, moving the complainant to other housing, changing class sections or schedules, contacting teachers about missing a class, and more.  These are called “interim measures” because they can be done right away; we do not have to wait for the result of an investigation.  However, they may not be permanent.  Generally these actions are taken only if asked, so it is important to know about the options available to you.

Interim measures may be imposed at any time regardless of whether disciplinary action is sought by the complainant or the University.  Interim measures will be kept private to the extent that maintaining that privacy does not impair the ability of the University to provide the interim measures.  Interim measures may be amended or withdrawn as information is gathered in the investigation.  The Title IX Coordinator and/or the investigator may consult with other administrators to ensure that all safety, emotional, and physical well-being concerns can be reasonable addressed.  These measures are separate from judicial measures (such as personal protection orders), although the NMU Police Department may assist complainants with obtaining legal personal protection orders.

Common interim measures include requiring the respondent to change residence halls, imposing a University no-contact order, change in class schedule of either the complainant or respondent, processing a request for an “incomplete” for the complainant; transfer of class section; change in work schedule or job assignment; providing academic support services such as tutoring; interim suspension of the respondent; or other measures that can be tailored to the involved individuals.

Interim suspension is utilized when the sexual misconduct reported indicates a substantial or immediate threat of harm to the safety or well-being of an individual, members of the campus community, or the performance of normal University functions.  NMU may place a student or student organization on interim suspension or impose leave for an employee. Pending resolution of the report, the individual or organization may be denied access to campus, campus facilities, and/or all other University activities or privileges.  When interim suspension is imposed, the University will make reasonable efforts to complete the investigation and resolution within an expedited time frame.

SECTION 6 - OTHER THINGS YOU NEED TO KNOW RIGHT AWAY:

It is required by law that Northern Michigan University emphasize the importance of preserving evidence after a rape or other sexual assault occurs.  This may include other kinds of evidence, such as text messages, e-mail, social media postings, pictures and video.  A sexual assault medical forensic examination typically includes a medical history, a physical examination, treatment for injury, and prophylactic treatment for pregnancy or sexually transmitted infections (STI’s).

In Michigan, sexual assault victims have the right to receive a medical forensic examination and have evidence collected, even if they do not want to participate in the criminal justice process [MCL 18.355(10)].  Health Facilities must offer the examination and evidence collection to any person stating that they have been assaulted within the previous 120 hours (5 days).  If the victim agrees, the health facility must perform or have performed the examination and evidence collection [MCL 333.21527].  If a victim chooses, forensic evidence is also collected through the use of a sexual assault evidence kit (SAEK).  Sexual assault medical forensic examinations are typically performed by a Sexual Assault Nurse Examiner (SANE).  Victims cannot be billed for evidence collection and the accompanying medical forensic examination [MCL 18.355(2)].  Further, all hospitals are required by law to provide an examination or arrange for the provision of an examination for anyone who has been assaulted within the previous 120 hours (5 days) [MCL 333.21527].

NMU encourages victims of sexual assault to have a medical examination.  NMU can provide transportation to the examination if requested.

The following is excerpted from the Rape, Abuse and Incest National Network.  It describes how evidence can be collected and preserved after an assault.

SECTION 7 – WHERE TO GET HELP

The following resources are available to assist both complainants and respondents.  These resources are also available to friends and family members who want to report sexual misconduct or research the resources available.

By law, both the complainant and the respondent are entitled to University resources.  Both have the same opportunity to have others present during a disciplinary proceeding.  Both the complainant and the respondent must be informed of the outcome of any NMU proceeding that is brought alleging sexual misconduct.  Outcome is defined as the final determination with regard to the alleged sexual misconduct and any sanctions imposed.

ON-CAMPUS RESOURCES

NMU Police Department

(906) 227-2151

Emergency:  911

100 Services Building

When a report of a sexual assault is received, the NMU Police Department will immediately assign a specially trained officer to investigate the incident and work with the complainant through all stages of the investigation, prosecution and/or University student conduct system action. The officer will also inform the complainant of other support services available.

Title IX Coordinator

Janet Koski

(906) 227-2420

158 Services Building

Email:  jakoski@nmu.edu

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational programs, which includes sexual harassment or any acts of sexual misconduct.  Title IX requires the University, upon becoming aware of any incident of sexual harassment or misconduct to respond appropriately to protect and maintain the safety of the University community.  The University community includes all students, faculty, and staff.

The Title IX Coordinator helps provide a safe education and work environment for students and employees.  The Title IX Coordinator also provides information about on- and off-campus resources, explains the University’s sexual misconduct policy, helps individuals navigate through the University process, and monitors the University’s climate with respect to sexual misconduct.  Finally, the Title IX Coordinator is required by law to ensure that reports of sexual misconduct are investigated and addressed.

Dean of Students Office

(906)-227-1700

2001 Hedgcock

The Dean of Students Office will provide information to the complainant about options for pursuing a charge against the respondents who are students through the University’s student conduct system. The complainant will be able to express his/her preferences as to whether formal Student Code charges are pursued, how the charges are written and if the student conduct process continues. The Dean of Students Office will work with the NMU Police Department as appropriate while investigating the complaint. The University will inform the complainant about the options available to avoid contact with respondent and will assist with changing academic or living situations as appropriate and possible.

Counseling and Consultation Services

(906) 227-2980

3405 Hedgcock

Counseling and Consultation Services provide supportive counseling and consultation for individuals coping with the impact of sexual assault, stalking, and relationship violence. Seeking counseling can be a powerful step in breaking the isolation of relational assault. Counseling sessions are a safe, accepting and confidential place for complainants to work through any stage of the healing process. Counselors can also assist complainants with identifying on-campus and off-campus resources.

University Health Center

(906)-227-2355

Gries Hall-Ground Floor

The Health Center is a medical clinic available to all Northern Michigan students. An appointment is required, and communicating the need for urgency in the event of sexual misconduct will allow for the soonest possible appointment. The Student Health Center can provide a medical examination as well as STI and pregnancy testing.

Housing and Residence Life

(906)-227-2620

3502 Hedgcock

The apartment services coordinator, resident directors, resident advisers, and/or community advisers can provide immediate support and assistance to a student who reports sexual misconduct, as well as to other students who may be involved. Staff will inform the complainant of the services available from Counseling and Consultation Services, the NMU Police Department, the Health Center, the Marquette General Hospital Emergency Room, and the Dean of Student Office, and will help the complainant obtain those services that are desired. These staff members can also be helpful when the student returns to his/her residence.

Health Promotions Office (HPO)

(906) 227-1455

1201 University Center

The Health Promotion Office provides Northern Michigan University students with easy access to key information about a wide range of social, health-related issues to help in their ongoing decision-making processes.

OFF-CAMPUS RESOURCES

Women’s Center

Emergency Hotline 24/7

(906) 226-6611

(800) 455-6611

General Information

906-225-1346

The Women’s Center provides services regardless of gender or gender identity.  Sexual assault program services include emergency intervention/response, individual and group counseling and follow-up support services for sexual assault complainants. Sexual Assault Response Team (SART) services to victims of rape are accessible by calling the Harbor House 24/7 crisis line at (906) 226-6611 or (800) 455-6611.[MB1]  Specialized sexual assault response program services are inclusive of individual and family counseling addressing the trauma of sexual violence, coping skills, sexual assault support group, legal support and advocacy throughout the investigative and judiciary process, information and referrals based on individual needs assessment.

National Sexual Assault Hotline

(http://www.rainn.org)

1-800-656-HOPE (24/7)

UP Health Systems - Marquette

(906) 228-9440

580 W. College

Marquette, MI 49855

UP Health Systems – Bell (Ishpeming)

(906) 486-4431

901 Lakeshore Drive

Ishpeming, MI 49849

Pathways

(906) 225-1181

(888) 728-4929  24/7 Hotline

200 West Spring Street

Marquette, MI 49855

SECTION 8 - THE PROCESS THAT OCCURS WHEN THE UNIVERSITY RECEIVES A REPORT THAT A STUDENT HAS ENGAGED IN SEXUAL MISCONDUCT.

Note:  If allegations of sexual misconduct involves an employee, including student employees, refer to Section 9.

This section describes the process the University will follow when the University receives a report that the student has engaged in sexual misconduct. The University is committed to providing opportunities for complaints to be reported in a safe manner, to assess and investigate complaints, and, when appropriate, to impose sanctions and/or remedies.  

Note about terms:  NMU has chosen to use the terms complainant and respondent throughout this document.  These are different terms than the court system uses, which are alleged victim, defendant and alleged perpetrator; we do not use these terms because some victims of sexual assault have reported that being called the “alleged victim” made them feel like people did not believe them.  We also do not always use the terms that professional counselors use, which are victim and survivor; counseling professionals tell us that these terms are very personal and that individuals who have been assaulted should have to power to choose for themselves whether to use these words to describe themselves.  We recognize that complainant and respondent are not perfect terms either.  However, they will be used to identify who has made a report of sexual misconduct (complainant), and who must respond to that complaint (respondent). 

The University will use its best efforts to complete its investigation within 60 calendar days of the initiation of an investigation, although this timeline may be extended for good cause. Good cause may include, but is not limited to the complexity of each allegation, a request to coordinate or cooperate with law enforcement, the availability of witnesses, University breaks or vacations, or other legitimate reasons.   In the event a time frame is extended, both the complainant and respondent will be notified of the extension and the reason for the extension.

Investigation Process:

1. An incident is reported to a CSA (Campus Security Authority) or RE (Responsible Employee).

2. The CSA Form is completed and sent to the NMU Police Department for statistical reporting.  It is evaluated to determine if there is an ongoing threat to the University community and whether or not a timely warning is warranted.  The statistics are reported in compliance with the Clery Act.

3. A report of the incident is sent to the Title IX Coordinator.  The Title IX Coordinator will record the situation to look for patterns and educational opportunities for the NMU community.  Information recorded includes but not limited to the following, if applicable:  semester, date of incident, date reported, name of complainant, name of respondent, gender, race, student/faculty/staff, incident/nature of complaint, location, alcohol/drugs involved, minors, complaint reported to.  Information about outcomes will be recorded if remedies are made or sanctions issued.

4. An email is sent to the complainant from the Associate Dean of Students or designee and/or the Title IX Coordinator.  The email will inform the complainant of:

• the opportunity to meet with the Associate Dean of Students or designee.  (The complainant will not need to share details of the incident unless they choose to do so.) 
• internal resources available to the complainant
• external resources available to complainant
• assistance available, such as arrangements for a “no-contact” order, assistance with starting a criminal investigation or University investigation, assistance with free counseling services, classroom remedies, safety remedies, residential remedies, etc.
• university response to retaliation
• contact information for the Title IX Coordinator.

5. An initial investigation begins.  The initial investigation will:

• assess the nature and circumstances of the report
• address immediate physical safety and emotional well-being concerns
• notify the complainant of the 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
• notify the complainant of the availability of medical treatment to address physical and mental health concerns
• notify the complainant of the importance of preservation of evidence
• inform the complainant of their rights
• discuss the complainant’s expressed preference for manner of resolution and any barriers to proceeding
• explain the University’s policy prohibiting retaliation
• consider whether the facts indicate a pattern of similar conduct by the respondent

6. If the complaint does not wish to pursue a University investigation for possible sanctions against the respondent, then NMU will evaluate the incident to determine whether or not the University should move forward as the complainant based on any of the following: whether the respondent is potentially a repeat offender, violence was involved, age of complainant, or an immediate or ongoing threat to the University community.

7. The Complainant will be informed the right to:

• have one adviser of their choosing attend meetings and interviews with them, which may include an attorney (at their own expense), colleague, or other person they identify; the adviser may not be a witness or a material party in the investigation; the adviser is limited to advising the complainant or respondent, and may not speak for the party they are advising; their role is to provide support and assistance
• be informed of the name of the respondent if the respondent is identified during the investigation
• receive a copy of the written description of the violation and any charges issued
• make a recommendation with regard to any disciplinary action taken, or sanction imposed, if any
• contact or decline to contact law enforcement. The complainant may request assistance in notifying law enforcement
• receive information about on- and off-campus resources, the range of interim remedies, and an explanation of the procedural options

8. The Respondent will be informed of the right to:

• have one adviser of their choosing attend meetings and interviews with them, which may include an attorney (at their own expense), colleague, or other person they identify; the adviser may not be a witness or a material party in the investigation; the adviser is limited to advising the complainant or respondent, and may not speak for the party they are advising; their role is to provide support and assistance
• receive a copy of the written description of the violation and any charges issued
• have an opportunity to respond to allegations made
• receive information about on- and off-campus resources, the range of interim remedies, and an explanation of the procedural options

9. If the complainant requests a University investigation and possible sanctions against the respondent, or if the University decides to move forward as the complainant, then the Associate Dean of Students or designee in concert with the Title IX Coordinator will determine if the conduct alleged would constitute a violation of this policy.  The Associate Dean of Students or designee will conduct an examination or inquiry sufficient to lead to a determination of facts.  If the conduct alleged would not constitute a violation of this policy, the Associate Dean of Students or designee will prepare a summary report to the SMRB for review and disposition, which may include referral for Student Code violations. 

10. When the allegations appear to violate this policy, the Title IX Coordinator will assign appropriately trained investigator(s) to handle the case.  The investigator(s) will:

• interview the complainant, the respondent and any other people mentioned as involved or potential witnesses to gather information.  At no time will the complainant be required to face the respondent or respondent’s witnesses.
• conduct an inquiry or examination sufficient to lead to a determination of facts.  When undisputed facts lead to the conclusion that the conduct alleged would not constitute a violation of this policy, the investigator(s) will prepare a summary report to the SMRB for review and disposition.   
• determine if the allegations meet the definition of sexual assault, domestic violence, stalking or dating violence.  If so, the investigator(s) will prepare an investigative report.  The complainant and respondent will be given the opportunity to review a draft investigative report.  The complainant and respondent may submit any additional comment or evidence to the investigator(s) within five (5) calendar days of the opportunity to review the relevant portions of the draft investigative report.  Upon receipt of any additional information by the complainant or respondent, or after the five (5) day comment period has lapsed without comment, the investigator will submit the final report to the Sexual Misconduct Review Board (SMRB).

11. Once the report is finalized, it is submitted to the Sexual Misconduct Review Board.  (SMRB:  Title IX Coordinator or designee, The Assistant Vice President/Dean of Students or designee and the lead investigator assigned to the incident).  The SMRB will determine a finding (responsible, not responsible, or insufficient information to make a finding) based on the Preponderance of the Evidence standard.  The SMRB will impose a sanction, if applicable.  If the determination is that the undisputed facts do not rise to a violation of this policy, the SMRB will either close the case or refer back to Title IX coordinator for further review.  The SMRB may also refer the case to the Dean of Students office to consider other Student Code violations, or to other applicable University offices.

12. Once a decision has been made by the SMRB, the complainant and the respondent will be notified of the outcome and their right to appeal based on fact. 

Appeal Process: Only appeals based on fact will be considered.Appeals based on fact consider only new information sufficient to alter a decision or other relevant facts not brought up in the initial investigation because the individual appealing did not know such information and/or facts at the time of the investigation.Information which was known to the individual appealing, but withheld, will not be considered on appeal.

1. Complainant or Respondent sends appeal.  Appeals must be submitted to the Title IX Coordinator within seven (7) calendar days following the date the decision from the SMRB was sent via email to the NMU email accounts of the complainant and respondent. 
2. The Provost for Academic Affairs or designee serves as the appeal officer and has five (5) calendar days from the date the appeal is submitted to the Provost for Academic Affairs or designee to render a decision. 
3. If it is determined the new facts could have significantly altered the outcome, the case will be sent back to the Title IX Coordinator to assign further investigation. 
4. If it is determined the new facts did not significantly alter the outcome, the appeal will be denied and the decision of the SMRB will be final.

SECTION 9 - THE PROCESS THAT OCCURS WHEN AN EMPLOYEE IS INVOLVED IN SEXUAL MISCONDUCT

This section describes the process the University will follow regarding employee, including student employee, allegations and reports of sexual misconduct, including sexual harassment and discrimination, and other forms of prohibited conduct as outlined in the Sexual Misconduct Policy. The University is committed to providing opportunities for concerns to be reported in a safe manner, to assess and investigate concerns, and, when necessary, to impose sanctions and/or remedies.

The University will use its best efforts to complete its investigation within 60 calendar days of the initiation of a formal investigation, although this timeline may be extended for good cause. Good cause may include, but is not limited to the complexity of each allegation, a request to coordinate or cooperate with law enforcement, the availability of witnesses, University breaks or vacations, or other legitimate reasons.  In the event a time frame is extended, both the complainant and respondent will be notified of the extension and the reason for the extension.

Individuals involved in the investigation and appeal process will adequately document the testimony of the parties and witnesses, relevant investigation documents, all facts and evidence reviewed, the rationale for determinations, and interim and final remedies and sanctions imposed, if any.  All documentation will be submitted to and maintained in the Equal Opportunity Office.

Investigation Process

1. Reporting Concerns:

• Reports of sexual misconduct involving an employee shall be promptly reported to an immediate supervisor, the NMU Police Department, Equal Opportunity Officer/Title IX Coordinator or designee, or Responsible Employee or Campus Security Authority (CSA).
• Reports or allegations regarding harassment or discrimination involving employment or employees shall be reported to the Equal Opportunity Officer/Title IX Coordinator or designee.

2. Clery Act Assessment: Coordinated through the NMU Police Department, the reported conduct will be assessed for any necessary action under the Clery Act, including inclusion in the daily crime log, annual security report, or issuance of a timely warning.

3. Initial Assessment:   When a report is made, the Equal Opportunity Office will conduct an initial assessment. The Equal Opportunity Office will assess the facts and circumstances and consider the complainant’s expressed preference for manner of resolution.  When possible, the University will seek action consistent with the complainant’s request.

4. Initial Investigation:  The initial investigation will proceed when the Equal Opportunity Office has sufficient information to make a reasonable assessment of the safety of the individual and of the campus community, and determine the best course of action. The findings of an initial investigation may result in a[JK1]   mutually agreed upon resolution or a formal investigation. As part of the initial investigation, the Equal Opportunity Office will:

• assess the nature and circumstances of the report
• address immediate physical safety and emotional well-being concerns
• notify the complainant of the 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
• notify the complainant of the availability of medical treatment to address physical and mental health concerns and to preserve evidence
• notify the complainant of the importance of preservation of evidence
• provide the complainant and the respondent with information about on- and off-campus resources, the range of interim accommodations and remedies, and an explanation of the procedural options
• inform the complainant and respondent that each may have one adviser of their choosing attend meetings and interviews with them, which may include an attorney (at their own expense), colleague, or other person they identify (where appropriate, consistent with applicable collective bargaining agreement); the adviser may not be a witness or a material party in the investigation; the adviser is limited to advising the complainant or respondent, and may not speak for the party they are advising; their role is to:
  • provide support and assistance
  • consider whether the facts indicate a pattern of similar conduct by the respondent
  • discuss the complainant’s expressed preference for manner of resolution and any barriers to proceeding
  • explain the University’s policy prohibiting retaliation

5. Formal Investigation:  The Equal Opportunity Office may initiate a formal investigation to determine if there has been a policy violation, and if so, whether sanctions are warranted. The Equal Opportunity Office has the discretion to consolidate multiple reports involving a respondent into one investigation and resolution if the evidence related to each incident would be relevant in reaching a determination on any other incident.  During the formal investigation:

• an investigator(s) will be assigned to the complaint.  Faculty and staff investigations will be typically completed by the Equal Opportunity Office, although the investigator(s) may be any appropriately designated employee of the University, or external investigator(s).   The investigator(s) chosen to conduct the investigation must be impartial and free of any conflict of interest.
• both the complainant and the respondent will have the opportunity to provide evidence and names of witnesses to the investigator(s).
• the investigator(s) will update both the complainant and respondent regarding the status of the investigation at reasonable, regular intervals.

6. Investigation Report:  At the conclusion of the formal investigation, the investigator(s) will prepare a draft investigative report that summarizes the complaint, gives details of the information gathered, identifies the potential policy violations, and includes supporting information or accounts. The complainant and respondent are given the opportunity to review a draft investigative report. The complainant and respondent may submit any additional comment or evidence to the investigators(s) within five (5) calendar days of the opportunity to review the relevant portions of the draft investigative report.

7. Summary of Findings and Notice of Final Determination: The investigator(s) provide(s) the final investigative summary of findings to both the complainant and respondent.  The notification will be sent concurrently, using email if possible, or other reliable methods if email is not available, which serves as a method for documenting distribution. 

8. Sanction Process when a violation has been found: The potential sanctions for an employee (faculty, staff, or student employee) are detailed in Section 10 of this Policy.  They may include, but are not limited to, training, referral to counseling, no contact order, no trespass (in coordination with the NMU Police Department), loss of privileges, written warning, reprimand, withholding of a promotion, reassignment, temporary suspension without pay, or separation from the University. Student Employees may also be subject to discipline pursuant to the Student Code of Conduct.   Sanctions for student employees will be coordinated between Human Resources and the Dean of Students Office.  Sanctions for employees will be determined by Academic Affairs and/or Human Resources, with input from other offices as appropriate.   In addition:

• Represented Employees: sanctions will be imposed in accordance with the applicable collective bargaining agreement and University policy and procedures.
• Unrepresented Employees: sanctions shall be determined in accordance with University policies and procedures, individual contracts, and/or appointment letters.

Appeals Process for Employee Sexual Misconduct Reports/Allegations:  The complainant or respondent may submit written notice of appeal based on fact to the Vice President for Finance and Administration or designee within seven (7) calendar days of receiving the summary of findings and notice of determination. Appeals based on fact are to consider new information, sufficient to alter a decision or other relevant facts not brought up in the initial investigation, because the person appealing did not know such information and/or facts at the time of the investigation.  Information which was known to the person appealing, but withheld, will not be considered on appeal. 

1. Appeal submitted:  The complainant or respondent submits an appeal to the VP for Finance and Administration. 
2. Receipt of Appeal: The receipt of the appeal will be acknowledged by the Finance and Administration Office in writing, which may be by email.
3. Notification:  Parties will be notified in writing of the filing and status of appeals by the Vice President for Finance and Administration or designee.
4. Appeal Review Committee: After receiving the appeal request, the Vice President for Finance and Administration or designee will convene an Appeal Review Committee of one (1) or three (3) people. The chairperson of the committee will be determined by the Vice President.  This Committee shall be empowered to review the case file, and interview witnesses, including the parties, if the Committee deems necessary, within twenty-one (21) calendar days from the convening of the Appeal Review Committee. The Equal Opportunity Office will provide assistance to the Vice President for Finance and Administration and the Appeal Review Committee upon request.  The appealing party or parties may be asked to submit additional information supporting the basis for the appeal, if not previously submitted. Any additional material requested must be submitted within five (5) calendar days upon request. Failure to respond will result in the information not being considered for review during the appeal review.
5. No later than seven (7) calendar days after completion of the appeal, the chairperson of the Appeal Review Committee will issue a determination to the Vice President for Finance and Administration or designee. 
6. If the Appeal Review Committee determines a violation, it shall submit a written report supporting these findings, along with the recommendation for further action, to the Vice President for Finance and Administration or designee.
7. If the Appeal Review Committee finds that a policy was not violated, it shall recommend to the Vice President for Finance and Administration or designee that the case be dismissed.
8. The Vice President for Finance and Administration or designee will review the recommendation of the Appeal Review Committee and make a determination.  The decision of the Vice President for Finance and Administration or designee shall be final and shall become part of the record.

SEXUAL MISCONDUCT BY THIRD PARTIES

University students participate in NMU academic programs (examples:  student teaching, internships, clinical lab practicums, conferences, student trips, etc.) with or under the supervision of persons who are not University faculty or staff. If a student believes that she or he has been subject to sexual misconduct in a University academic program by an individual who is not a University employee or student, the student should report the alleged sexual misconduct to the faculty member, department head or dean responsible for that academic program or to the Equal Opportunity Office.

When performing their jobs, University faculty and staff interact with contractors, suppliers, or customers who are not University faculty, staff or students. If a University employee (including a student employee) believes that he or she has been sexually harassed within the scope of his or her employment activities by an individual who is not a University employee or student, the University employee should report the alleged sexual misconduct to his or her supervisor or to the Equal Opportunity Office or to Human Resources.

Individuals who are not students or faculty and staff of the University are not subject to discipline under the University's internal processes. Nonetheless, if the University determines that a third party has perpetrated sexual misconduct within the scope of her or his employment, the University will take corrective action, which may include terminating a contract or pursuing criminal charges. 

SECTION 10 - WHAT HAPPENS WHEN AN INDIVIDUAL IS FOUND RESPONSIBLE FOR SEXUAL MISCONDUCT BY THE UNIVERSITY

The action that the University takes when an individual is found responsible for sexual misconduct is called a sanction.  Sanctions are different for employees and students:

Sanction Process for Faculty and Staff as Respondents

For represented employees, sanctions will be imposed in accordance with the applicable collective bargaining agreement. For unrepresented employees, sanctions shall be determined in accordance with Human Resources’ policies and procedures, individual contracts, and/or appointment letters.  All rights afforded to the respondents in a collective bargaining agreement, Human Resources policy or procedure, individual contract or appointment letter will be afforded to the complainant as well.

The potential sanctions for an employee include training, referral to counseling and/or disciplinary action such as warning, reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension without pay or termination.

Sanction Process for Student Respondents

Sanctions may be imposed upon any student found to be responsible for violation of the Student Code.  Sanctions may be used independently or in combination depending on the particular circumstance of the violation.  Severe and/or multiple violations will increase the severity of sanctions applied.  Continued violations of the Student Code will result in more severe disciplinary sanctions.

No sanction shall become effective until it is imposed by the Sexual Misconduct Review Board.  Sanctions shall be ordered into execution 48 hours after the student has received written notice of the decision of the SMRB or immediately after action by the appeal officer designated to consider an appeal. Written notice is considered received once delivered in person, by mail, or NMU email.

Types of Sanctions include:

• Warning Probation: A sanction imposed for a specified period of time. Further violations of the Student Code will result in more severe disciplinary sanctions.
• Disciplinary Probation: A sanction imposed for a specific period of time. Further violations of the Student Code may result in suspension or expulsion.
• Special Conditions: Financial restitution, service to the University, service to the community, attendance at educational seminars, classes, or workshops, written assignments, or other activities deemed appropriate. Some seminars, classes, and workshops may require a registration fee to be paid by the student.
• Parental/Guardian Notification for Alcohol and/or Other Drugs: Parental or guardian notification for serious first offenses, second offenses and any subsequent offenses for students under 21 years of age.
• Loss of Privileges: Denial of specified privileges for a designated period of time.  Privileges that can be denied include, but are not limited to, contact with another person, campus registration of a vehicle, on-campus employment, access to a building or portion of a building, access to a program, access to the University network, participation in extracurricular activities, and any other privilege deemed appropriate.
• Suspension: A decision of suspension terminates the student’s status as an enrolled student for a specific period of time and prohibits the student from attending classes.  A suspended student may not enter onto any part of the campus without specific authorization from the Director of the NMU Police Department or designee and the Dean of Students or designee.  Students who reside on campus must remove their belongings from their place of residence within 48 hours of notice of suspension.   The terms of suspension may also include other conditions which may apply following the student’s reinstatement.  At the discretion of the conduct board or conduct administrator who hears the case, the suspension may be held in abeyance.  A violation of the terms of suspension or suspension in abeyance may result in an extension of the period of suspension, which may be imposed by the Dean of Students or designee.
• Temporary Suspension: In certain circumstances, the Dean of Students or designee may impose a temporary suspension until the student conduct process is completed.   Temporary suspension may be imposed only to promote the safety and well-being of members of the University community or preservation of property; to ensure the student’s own physical or emotional safety and well-being; or if the accused student poses an ongoing threat of disruption of, or interference with, the normal operations of the University.  During the temporary suspension, a student shall be denied access to University housing, to the campus (including classes), and/or all other university activities or privileges for which the student might otherwise be eligible, as the Dean of Students or designee may determine appropriate.  The temporary suspension does not replace the regular student conduct process, up to and through a conduct board hearing, if required.
• Expulsion: A decision of expulsion permanently terminates the student’s status as an enrolled student.  An expelled student may not enter onto any part of the campus without specific authorization from the Director of the NMU Police Department or designee and the Dean of Students or designee.  Students who reside on campus must remove their belongings from their place of residence within 48 hours of notice of expulsion.

SECTION 11 - HOW IS THIS RELATED TO THE MICHIGAN CRIMINAL COURT SYSTEM?

When a respondent is found to be responsible for sexual misconduct, NMU can impose sanctions on those found responsible.  However, the University process is separate from the criminal court process.   

Northern Michigan University students, faculty, staff and visitors have the right and opportunity to report sexual misconduct to law enforcement authorities.  Campus police can assist in investigations and in notifying off-campus authorities.

Note about terms:  In this section, the terms complainant and respondent are replaced with the terms than the court system uses, which include alleged victim, victim, defendant, alleged perpetrator, and convicted criminal.

When sexual misconduct is reported to an officer in the NMU Police Department or to a municipal agency, such as the City of Marquette Police Department, this is the general process that will occur:   

1. A formal report is filed and a specially-trained detective or officer is assigned to investigate the case. 
2. After the investigation, the officer will forward the report to the prosecuting attorney.  This attorney may want to interview the alleged victim.   
3. At any point in this process, the alleged victim can request a “no contact condition” to keep the defendant from making physical or electronic contact. 
4. The prosecutor will decide whether or not to prosecute.  If the prosecutor decides to prosecute, an arrest warrant will be issued to the defendant (alleged perpetrator). 
5. The defendant will appear in court to plead guilty, not guilty, or no contest.  The judge will set bond and determine whether the alleged perpetrator will have to stay in jail until the trial.
6. The judge hears the preliminary exam.  In the preliminary exam, the prosecutor tries to prove that a crime took place.  In Michigan, the prosecutor must give evidence that there is reasonable support to go forward with the case.  The alleged victim is required to identify the alleged perpetrator and answer questions.  After this, the case can either be sent to court or dismissed.  In some cases, this preliminary exam will be waived and the case will be sent directly to court. 
7. The charges will be read in circuit court.  Again, the defendant has to plead guilty, not guilty, or no contest.  If the defendant pleads not guilty, the case goes to trial.  If the defendant pleads no contest or guilty, a sentencing date is set.
8. Before the trial, the judge can listen to motions to determine what evidence will be admitted.  At this point, both parties may discuss a plea bargain.
9. When a case goes to trial, the prosecutor will use a “reasonable doubt” standard of evidence.  This is different than the University standard of evidence.  While the University only has to show that misconduct was more likely than not (often said to be 50% plus one feather) the US court system requires that the evidence must eliminate any reasonable doubt.  The alleged victim can be present during the trial unless he or she will testify as a witness.  The defendant has the right to stay in the courtroom throughout the entire trial. The trial could take several days to complete. If the defendant is convicted, a sentencing date will be set.
10. If the defendant is convicted or pleads guilty or no contest, the probation department will make a sentencing recommendation to the judge. The judge will consider victim impact statements when sentencing.  The victim impact statement is the chance to tell about the harm suffered.  [MCL 780.823].  Victims can have someone else make the statement for them.  [MCL 780.825].
11. The defendant can appeal the decision.  The victim can be asked to be notified about any appeals or when the convicted criminal is released.

SECTION 12 - THE UNIVERSITY’S EDUCATION, TRAINING, AND PREVENTION PROGRAMS: 

Northern Michigan University places a high priority on maintaining a safe and secure campus for all students, faculty, staff, and visitors. Members of the University community learn about campus security procedures and the prevention of crime through mandatory and optional training modules as well as programs presented across the University.

New employees and students are taught basic prevention and awareness information during orientation.  NMU also uses internal and external resources, such as LawRoom and Campus Clarity to educate students and employees about harassment, sexual misconduct, safe and positive options for bystander intervention, as well as alcohol and drug awareness.

In addition, University offices, such as the NMU Police Department, the Health Promotion Office, Athletics, and Housing and Residence Life, coordinate to offer annual programming to addresses important topics such as sexual misconduct, domestic violence, bystander intervention and substance abuse awareness education.

NMU also offers the Rape Aggression Defense (RAD) system of self-defense tactics and techniques. The RAD System is a comprehensive course for women that begins with awareness, prevention, risk reduction and avoidance, while progressing on to the basics of hands-on defense training.

In addition, NMU follows federal requirements for training of sexual misconduct investigators.  All investigators are required to receive trauma informed sexual assault training and to recertify annually.

SECTION 13:  GLOSSARY OF TERMS

Campus Security Authority

Any University official who has significant responsibility for student and campus activities.  Under the Clery Act, this term is defined as four specific groups of individuals or organizations associated with the University:

• The NMU Police Department. All campus police and security departments are campus security authorities.
• Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into institutional property). This includes individuals who provide security at a campus parking kiosk, monitor access into a campus facility, or who act as event security or escort students around campus after dark.
• Any individual or organization specified in NMU’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.   For sexual misconduct, this includes the full list of people defined as “Responsible Employees.”
• An official of NMU who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings.

Coerced

Physically or psychologically pressured, forced or intimidated.

Complainant

An individual who reports a policy violation, including a violation of this Sexual Misconduct policy.

Consent

An affirmative, conscious decision by each participant to engage in mutually agreed-upon sexual activity.  Participants must act freely and voluntarily.  The following are essential elements of consent:

• Informed and reciprocal:  All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting.
• Freely and actively given:  Consent cannot be obtained through the use of force, coercion, threats, or intimidation, or by taking advantage of the incapacitation of another individual.
• Mutually understandable:  Communication regarding consent consists of mutually understandable words and/or actions that indicate an unambiguous willingness to engage in sexual activity.  In the absence of clear communication or overt demonstration, there is no consent.  Consent may not be inferred from silence, passivity, lack of resistance or lack of active response. An individual who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. Relying solely upon non-verbal communication can lead to a false conclusion about whether consent was sought or given.
• Not indefinite: Consent may be withdrawn by any party at any time. Recognizing the dynamic nature of sexual activity, individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity. Withdrawal of consent can be an expressed “no” or can be based on an outward demonstration that conveys that an individual is hesitant, confused, uncertain or is no longer a mutual participant.  Once consent is withdrawn, the sexual activity must cease immediately and all parties must obtain mutually expressed or clearly stated consent before continuing further sexual activity.
• Not unlimited:  Consent to one form of sexual contact does not constitute consent to all forms of sexual contact, nor does consent to sexual activity with one individual constitute consent to activity with any other individual.  Each participant in a sexual encounter must consent to each form of sexual contact with each participant.  Even in the context of a current or previous intimate relationship, each party must consent to each instance of sexual contact each time. The consent must be based on mutually understandable communication that clearly indicates a willingness to engage in sexual activity.  The mere fact that there has been prior intimacy or sexual activity does not, by itself, imply consent to future acts

Consensual Relationship Policy

Northern Michigan University has a Consensual Relationship Policy which defines Consensual Relationship as any dating, romantic, sexual, or marriage relationship.In that policy, NMU requires that “University employees (faculty, staff, and student supervisors) who are in a position of authority in such matters as supervising, evaluating, teaching a course and/or advising a student as part of a school program shall not engage in a Consensual Relationship with a student or subordinate.  Should a Consensual Relationship develop while the University employee is in a position of authority, the supervisory authority must be transferred to another appropriate individual. 

See the Policy at:http://www.nmu.edu/policies

Domestic Violence, also called Intimate Partner Violence, Dating Violence, and Domestic Partner Violence includes any act of violence or threatened act of violence against an individual who is or has been involved in a sexual, dating, domestic or other intimate relationship with the respondent.  Intimate partner violence may involve one act or an ongoing pattern of behavior.  It may take the form of threats, assault, violence, or threat of violence to family members or friends of the intimate partner.   In Michigan, the term domestic is defined at MCL 764.15a and includes the spouse or former spouse of a victim, a person who resides or has resided in the same household as the victim, has a common child with the victim, or has had a dating relationship with the victim.

Incapacitated/Intoxicated/Under the Influence

Incapacitation is defined as the inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring.  Incapacitation can occur as a consequence of alcohol or other drug use or because of a psychological condition.

Intoxicated and “under the influence” are defined as the state where a normal person’s capacity to reason or act with ordinary care are impaired by alcohol or other drugs.

Being intoxicated, impaired, or under the influence is never an excuse for sexual misconduct and does not diminish one’s responsibility to obtain consent.  Sexual participants should possess the ability to consciously consent.  Evaluating incapacitation requires an assessment of whether a respondent knew or should have known that the complainant was incapacitated.  Providing or making available alcohol or other drugs may increase one’s personal responsibility for obtaining consent because the provider has reason to know that the recipient may be incapacitated.

Interim Measures

Once notified of sexual misconduct, the University may provide interim measures. These may include requiring the respondent to change residence halls, imposition of a University no-contact order, change in class schedule, processing a request for an “incomplete;” transfer of class section; change in work schedule or job assignment; providing academic support services such as tutoring; interim suspension; or other measures that can be tailored to the involved individuals.   See also Protective Measures

Intimate Partner Violence

See Domestic Violence.

Investigator

At NMU, sexual misconduct investigators are required to complete certified training that includes the nature of sexual and gender violence, the neurobiology of trauma, conducting trauma-informed investigations and adjudications, as well as University obligations for reporting and compliance.   Annual recertification is required.

No Contact Order

A campus no-contact order is different from a court-issued personal protection order in that it applies only to University members.  It is issued by the University and requires that an individual have no contact with a particular individual or individuals.  No contact orders are placed at the request of the complainant.  NMU can also assist a complainant in obtaining a court-issued personal protection order.

Official / University Official

An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the University.

Protective Measures

NMU can issue a no contact directive preventing a respondent from directly or indirectly contacting or interacting with the complainant. Campus security or police can enforce this directive.   NMU can provide information on how to obtain a court-issued personal protection order as well if a complainant chooses to pursue that option.   In addition, NMU can assist students, faculty, and staff who want to make a report to a law enforcement agency.  See also Interim Measures

Respondent

A member of the University community who is accused of one or more policy violations.

Responsible Employee

Many University employees have reporting obligations under Title IX. Those employees are designated as Responsible Employees.  Under Title IX, the University is required to take immediate and corrective action if a Responsible Employee knew or, in the exercise of reasonable care, should have known about sexual or gender-based harassment or violence prohibited under Title IX. A Responsible Employee includes any employee who:

• Has the authority to take action to redress sexual or gender-based harassment or violence
• Has the duty to report to appropriate school officials sexual or gender-based harassment or violence or any other misconduct covered by this policy;
• An individual who could reasonably be thought to have the authority or responsibility to take action.

The University requires that all Responsible Employees immediately report allegations of violation of this policy to the Title IX Coordinator or designee. This connects a complainant to information and resources and enables the University to take appropriate action to eliminate, prevent and address any hostile environment that may exist.

The following officials have been designated as Responsible Employees for complaint reporting purposes:

• The Title IX Coordinator and any Deputy Coordinator
• NMU Police Department Officers and employees
• President, Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents, and Directors
• Administrative and Academic Department Heads
• Housing and Residence Life Staff, including Resident Advisers
• Student Affairs staff
• Human Resources staff
• Deans, Associate Deans, and Assistant Deans
• Athletic Coaches, Assistant Coaches, Trainers, Directors, Assistant Directors, Advisers, Associate Directors, and Managers
• Academic Advisers
• Faculty, Contingent Faculty, Part-time Instructors, Adjunct Instructors, Teaching Assistants, Research Assistants, Graduate Assistants, and Graduate Service Assistants.
• Other administrators with supervisory responsibilities
• Individuals designated as Campus Security Authorities

Responsible Employees will safeguard an individual’s privacy and only share information with a small circle of individuals who are directly involved in the resolution of a report under this policy. Responsible Employees are required by the University to immediately report all known details of the incident (date, time, and location), the names of the parties involved, and a brief description of the incident to the Title IX Coordinator or designee in person, by telephone or by email.

Sanctions

Sanctions are the repercussions for being found responsible for policy violations, including sexual misconduct.  When the respondent is a faculty or staff member, sanctions are applied according to the collective bargaining agreement or the employee handbook.  When the respondent is a student, sanctions can include warning probation, disciplinary probation, special conditions, parent/guardian notification, loss of privilege, temporary suspension, suspension, or expulsion.  For students employed at the time of the incident, the outcome may involve additional sanctioning related to continued employment.  In addition, members of sports teams may have additional sanctions related to their team code of conduct.

SANE

A Sexual Assault Nurse Examiner (SANE) is a Registered Nurse who has received special training so that s/he can provide comprehensive care to sexual assault victims. In addition s/he is able to conduct a forensic exam and may provide expert testimony if a case goes to trial.  SANE nurses are available at local hospital emergency rooms.

SART

The Sexual Assault Response Team (SART) is a community-based team that coordinates the response to victims of sexual assault. The team may be comprised of SANE's, hospital personnel, sexual assault victim advocates, law enforcement, prosecutors, judges, and any other professionals with a specific interest in assisting victims of sexual assault.  The Marquette Women’s Center offers SART services to victims of rape and incest, regardless of gender or gender identity by calling the Harbor House 24/7 crisis line at 906-226-6611.

Sex Discrimination

Sex discrimination is the treatment of someone unfavorably or less favorably because of that person’s sex.  Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is a violation of Title VII.

Sexual Assault

Sexual assault is sexual contact without consent. More specifically, “sexual assault” for purposes of this policy means any of the forms of criminal sexual conduct described in Sections 520b through 520g of the Michigan Penal Code (MCL 750.520b - .520g) involving a University student as the complainant and/or respondent. Sexual assault consists of sexual intercourse without consent, forcible sodomy or sexual penetration with an inanimate object, the intentional touching of an unwilling individual’s intimate parts (defined as genitalia, groin, pelvic region, inner thigh, breast or buttocks, or clothing covering them), or forcing an unwilling individual to touch another’s intimate parts. These acts must be committed either by force, threat, intimidation, or by taking advantage of someone’s helplessness or inability to consent of which the alleged perpetrator was aware or should have been aware. Regardless of the relationship that exists between the parties, if consent is not given or force or coercion is used against a party, any sexual contact is within the definitions of criminal sexual contact and sexual assault.

Sexual Misconduct

A term that collectively identifies any of the following acts of unwanted or unwelcome conduct of a sexual nature that occurs without consent:  sexual assault, sexual harassment, stalking, dating violence, voyeurism, sex discrimination, domestic violence, and any other conduct of a sexual nature that is nonconsensual.

Sexual Harassment

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or visual communication or physical conduct of a sexual nature when:

1. Submission to such conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodations or public services, education, or housing.
2. Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting such individual's employment, public accommodations or public services, education, or housing.
3. Such conduct or communication has the purpose or effect of unreasonably interfering with an individual's employment, public accommodations or public services, education, or housing; or creating an intimidating or hostile environment in employment, public accommodations, public services, education, or housing.

There are two main types of sexual harassment:  quid pro quo harassment and hostile environment.   Quid pro quo means "this for that."  This occurs when a promotion, employment benefit, or education benefit is directly tied to an unwelcome sexual advance.   Hostile environment sexual harassment occurs when verbal, non-verbal and/or physical conduct is:

• sexual and/or based on sex, gender, gender identity or sexual orientation (actual or perceived),
• unwelcome, and

• sufficiently severe and pervasive to interfere with a person's work/learning/program performance or to create a hostile, intimidating or offensive environment.

Examples of Sexual Harassment

All members of the University community are expected to be familiar with the following list. Examples of behaviors which may constitute sexual harassment or inappropriate conduct include but are not limited to:

• Deliberate touching which does not contribute to or advance the work, service, or education activity being conducted.
• Repeated brushing against or touching of another's body, which does not contribute to or advance the work, service, or education activity being conducted.
• Pressure or demands for a date or for sexual activity with a subordinate by an individual in authority.
• Repeated requests for a date or for sexual activity which are declined.
• Pictorial or actual displays of obscenity which do not contribute to or advance the work, service, or education activity being conducted.
• Written/electronic, verbal, pictorial (screen saver/wallpaper), or nonverbal communications of a sexual nature which do not contribute to or advance the work, service, or education activity being conducted.

Stalking

Stalking is a course of physical or verbal conduct directed at another individual in a manner that could be reasonably regarded as likely to alarm, harass, or cause fear of harm or injury to that individual or a third party.  It includes the persistent imposition of unwanted contacts with another person.  A course of conduct consists of at least two acts.  The fear of harm or injury may be physical, emotional, or psychological or related to the personal safety, property, education, or employment of that individual.  Stalking may include cyber-stalking, a particular form of stalking where electronic media or electronic devices are used to track or contact individuals.

Support Person

Both the complainant and the respondent are entitled to be accompanied by a support person in any meetings during the investigation or conduct hearing.  A support person must be a member of the faculty, staff, or student body of the University. A support person may not be a licensed or a practicing attorney.

During a conduct hearing, a support person may not speak on behalf of the complainant unless otherwise directed to do so by the chair.  The support person must be someone who is not identified as a witness who will provide testimony in the case.  If more than one student is charged in connection with the same situation or occurrence, then a support person for one such student cannot be another student who is charged. In addition, anyone acting as a witness in a case may not act as a support person for another in the same case.

Attorney presence:  When a student is accused of violating the Student Code, and criminal charges are pending against the student, an attorney may be present at the student's expense. In cases involving dating violence, domestic violence, sexual assault, sexual harassment, and stalking an attorney may be present regardless of whether criminal charges are pending.  In such cases, the role of the attorney is limited and passive. He/she cannot actively participate in the hearing or ask questions.  His/her role is to advise the student regarding self-incrimination and to observe the proceedings.  All communication regarding the student conduct process will be directed to the student.

Title IX

Title IX of the Education Amendments of 1972 ("Title IX") prohibits discrimination based on sex in any educational programs, which includes sexual harassment or any acts of sexual misconduct. Title IX requires the University, upon becoming aware of any incident of sexual harassment and misconduct to respond appropriately to protect and maintain the safety of the University community, including students, faculty and staff.

The Title IX Coordinator helps provide a safe educational and work environment for students and employees.  The Title IX Coordinator provides information about available on- and off-campus resources, explains the University's sexual misconduct policy, helps individuals navigate through the University's process, and monitors the University's climate with respect to sexual misconduct.

Title IX Coordinator

Janet Koski
Director of Diversity, Equity and Inclusion - Equal Opportunity Officer and Title IX Coordinator
158 Services Building
Phone: (906) 227-2420 or Email: jakoski@nmu.edu

Unwelcome Behavior

Sexual misconduct and sexual harassment as defined shall be presumed unwelcome without the complainant communicating that the behavior is unwelcome.

In addition, when a complainant has communicated, verbally or in writing, that a behavior of a sexual nature is unwelcome, any repetition of that behavior or similar behavior will be considered unwelcome and is considered sexual harassment.  No additional communication should be necessary for one to understand that his/her behavior is unwelcome.

If a student or employee or visitor to campus is not comfortable directly communicating with the individual whose behavior is unwelcome, guidance or consultation is available through the Dean of Students office or Equal Opportunity Office.

Voyeurism is the practice of obtaining sexual gratification by looking at sexual objects or acts, especially secretively.  In Michigan, voyeurism includes using devices for observing, recording, photographing or eavesdropping in private places.  See MCL 750.539d

Northern Michigan University acknowledges and thanks Western Michigan University for their contributions to this policy.