Sex-Based Harassment/TItle IX

Consent: A voluntary, informed, un-coerced agreement through words or actions that freely given, and which could be reasonably interpreted as a willingness to participate in mutually agreed upon sexual acts. Consensual sexual activity happens when each partner willingly and affirmatively chooses to participate. Important points regarding consent include:

- Consent to one act does not constitute consent to another act.
- Consent on a prior occasion does not constitute consent on subsequent occasions.
- The existence of prior or current relationship does not, in itself, constitute consent.
- Consent can be withdrawn or modified at any time.
- Consent is not implicit in an individual’s manner or dress.
- Silence, passivity, or lack or resistance does not necessarily constitute consent.  

Dating Violence: Violence committed by an individual who is or has been in a social relationship of a romantic or intimate nature with another individual. The existence of such a relationship will be determined based on the reporting individual’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the individuals involved in the relationship. This includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not cover acts covered under the definition of domestic violence. Dating violence does not require a showing of severity, pervasiveness, or objective offensiveness.  

Domestic Violence: Felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the laws of the State of Michigan. Domestic violence does not require a showing of severity, pervasiveness, or objective offensiveness.

Incapacitation: A state when an individual’s perception or judgement is so impaired that the individual lacks the cognitive capacity to make or act on conscious decisions. The use of drugs or alcohol can cause incapacitation. An individual who is incapacitated is unable to consent to sexual activity. Engaging in sexual activity with an individual who is incapacitated (and therefor unable to consent), where an individual knows or should have reasonably understood that the individual is incapacitated, constitutes Title IX Sexual Harassment as defined in this policy. This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs.

Sexual Assault: Defined as any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. This includes:

• Rape: The carnal knowledge of a person, without consent.
• Sodomy: Oral or anal sexual intercourse with another person.
• Sexual Assault with an Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal openings of the body of another person.
• Fondling: The touching of the private body parts of another person for the purpose of sexual gratification.
• Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent. In Michigan, the age of consent is 16.

 
Sexual assault does not require a showing of severity, pervasiveness, or objective offensiveness.

Stalking: Engaging in a course of conduct directed at a specific individual that would cause a reasonable person to: (a) fear for the individual’s safety or the safety of others; or (b) suffer substantial emotional distress.  
 
Course of Conduct means two or more acts, including acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about an individual, or interferes with an individual’s property.  
 
Stalking does not require a showing of severity, pervasiveness, or objective offensiveness.

The College encourages anyone who believes that they have been subjected to Sex based Harassment (or has knowledge of another person being subjected to Sex based Harassment) in connection with the College’s programs or activities to promptly report their concerns to the College.

A report may be made at any time (including non-business hours) using the telephone number, email address or by mail to the office address listed for the Title IX Coordinator.

Report online, using the reporting form.

The nature of the College’s response will depend upon whether the report is made to a “confidential employee” or another College employee.  

A.    Reports to a “Confidential Employee.” Reports made to a “confidential employee” will not be shared with the Title IX Coordinator or other school officials.  Nor will such reports be shared with other individuals without express permission of the reporting person or the person about whom the report pertains, unless required by law.  After receiving a report about conduct that may reasonably constitute sex discrimination, the confidential employee will share information with the reporting person about Title IX and its regulations, including the confidential employee’s status, how to contact the Title IX Coordinator, how to make a complaint, and how to obtain additional information about possible supportive measures and options for resolution.

At the College, Counselors in the Student Well-Being and Accessibility office are designated as “confidential employees.”  They may be contacted: counseling@lakemichigancollege.edu (269)927-8866

Confidential Employees must be acting within the scope of the duties to which the privilege or confidentiality applies to be covered by this part. If a Confidential Employee hears of conduct that may reasonably constitute Sex Discrimination while acting in a different capacity (e.g., coach, faculty member), they must report pursuant to either Paragraph B or C, as applicable.

B.    Reports to College Employees with Authority to Institute Corrective Measures or Responsibility for Leadership, Teaching or Advising. If a non-Confidential Employee who has authority to institute corrective measures on behalf of the College or who has responsibility for administrative leadership, teaching, or advising, receives information about conduct that may reasonably constitute Sex Discrimination, that person must report that information to the Title IX Coordinator.

C.    Reports to All Other College Employees.  All other employees not covered by the paragraphs A or B may either notify the Title IX Coordinator or provide the contact information of the Title IX Coordinator and information about how to make a Complaint to any person who informs that employee about conduct that may reasonably constitute Sex-based Harassment.

D.    Reports to the Title IX Coordinator. When the Title IX Coordinator receives a report about conduct that may reasonably constitute Sex Discrimination, the Title IX Coordinator will be responsible for coordinating the College’s response in a fair and equitable manner, consistent with Title IX and its regulations.  

The College’s Response to Reports About Conduct That May Reasonably Constitute Sex Discrimination

When the Title IX Coordinator becomes aware of conduct that may reasonably constitute sex discrimination, the Title IX Coordinator will take the following actions:

 1. Provide the “complainant” (i.e., the person who is alleged to have been subjected to sex discrimination) or the person who made the report, if the complainant’s identity is unknown, with information about the Title IX process and possible options for resolution, including:

• the availability of “supportive measures” for complainant.
•  the right to make a “Complaint” that would trigger the College’s grievance procedure.  A “Complaint” is an oral or written request that could objectively be understood as a request for the College to investigate and make a determination about alleged sex discrimination;
• The option for informal resolution, if available and as described in the Informal Resolution section;

2.  If a Complaint is made, provide the “respondent” (i.e., the person who is alleged to have violated the College’s prohibition on sex discrimination) or the respondent’s parent, guardian or legal representative, with information about the Title IX process and possible options for resolution, including:

    a.    The availability of “supportive measures” for respondent, as described below section II.B
    b.    The grievance procedures;
    c.    The option for informal resolution, if available and as described in the Informal Resolution section below.

3.    If a report made to the Title IX Coordinator does not trigger the grievance procedures (e.g., no complaint was made, the complaint allegations were withdrawn, no informal resolution process was elected), the Title IX Coordinator will determine whether to initiate a complaint that will trigger the grievance procedures.  In making this determination, the Title IX Coordinator will consider multiple factors, including the complainant’s wishes; the complainant’s reasonable safety concerns; the risk of additional acts of sex discrimination if the grievance procedures are not initiated; the severity and scope of the allegations of sex discrimination; the age and relationship of the parties; the availability of evidence; and whether the College could end the alleged sex discrimination and prevent its recurrence without initiating the grievance procedures.

If the Title IX Coordinator initiates the complaint and grievance procedures, the Title IX Coordinator will first notify the complainant and address reasonable  concerns about the safety of complainant or others, including by providing supportive measures.

The Title IX Coordinator will be responsible for coordinating supportive measures and removals.  

1. Supportive Measures. “Supportive measures” are supports that the College may provide, as appropriate, to restore or preserve the complainant’s and respondent’s access to the College’s education program or activity. Supportive measures may be available to the complainant even if the complainant does not make a Complaint that triggers the grievance process.  Supportive measures may be available to the respondent if either the grievance procedures have been triggered or informal resolution process has been offered.

a. Supportive measures may include, but are not limited to counseling, extensions of deadlines and other course-related adjustments; campus escort services; increased security or monitoring of certain areas of campus; restrictions on contact; leaves of absence; changes in class, work, housing, or other extracurricular or any other activity, and training and education programs related to sexual harassment. Supportive measures are not disciplinary or punitive, and may not unreasonably burden either party.

b. If a party disagrees with a decision to provide, deny, modify or terminate supportive measures applicable to them, the party may submit a written request to the Title IX Coordinator challenging the decision.  The Title IX Coordinator will designate an impartial employee (other than the person who made the initial decision) to evaluate the party’s challenge and decide whether to modify or reverse the decision.  The impartial employee’s decision is final, except that a party may seek additional modification or termination of supportive measures applicable to them if circumstances change materially.

c. Supportive measures may be available, as appropriate, through any grievance procedure or informal resolution process; following resolution, supportive measures may terminate or remain in place.  

d. Supportive measures offered to the parties are confidential and may not be disclosed, except as necessary to provide the supportive measure or restore or preserve a party’s access to the College’s education program or activity.

2. Emergency Removals. Removal of a student-respondent from the College’s education program or activity is only permitted on an emergency basis and may only occur after the College undertakes an individualized safety and risk analysis and determines that an imminent and serious threat to the health and safety of a complainant or others arising from the allegations of sex discrimination justifies removal.  If the College determines that an emergency removal is justified, the College must provide notice to the respondent and an opportunity to challenge the decision immediately following the removal.  Any such challenge should be submitted to the Title IX Coordinator, who will be responsible for designating an impartial employee (other than the employee who made the initial decision) to evaluate and make a decision on the respondent’s challenge.

3. Administrative Leave. The College may place an employee-respondent on administrative leave pending completion of the grievance procedures.

An oral or written request that could objectively be understood as a request for the College to investigate and make a determination about alleged sex discrimination is considered a “Complaint” that triggers the Title IX grievance procedures.  

The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that the College investigate and make a determination about alleged discrimination under Title IX:

• A Complainant;
• A parent, guardian, or other authorized legal representative who has the legal right to act on behalf of a Complainant; or
• The College’s Title IX Coordinator.

Basic Requirements

The College will treat Complainants and Respondents equitably.  The Title IX Coordinator, investigator, or decision maker may not have a conflict of interest or bias for or against Complainants or Respondents, generally, or for or against an individual Complainant or Respondent.  As long as there is no conflict of interest or bias, a decision maker may be the same person as the Title IX Coordinator or investigator.

The College presumes that the Respondent is not responsible for the alleged Sex Discrimination until a determination is made at the conclusion of its grievance procedures.

The College has established the following time frames for the major stages of the grievance procedures:

• Evaluation:  Within five business days of receiving a Complaint, the Title IX Coordinator will evaluate the Complaint to determine whether it should be dismissed or investigated.
• Investigation:  Within thirty business days of receiving a Complaint, the investigation will be completed.
• Determination:  Within forty business days of receiving a Complaint, a determination will be issued.
• Appeal:  Within five business days after a determination is issued, parties may submit a written appeal as set forth in Section VIII below.  The other party will be allowed five business days to respond.  A decision will be made on the appeal within ten business days after the appeal is received.

If it determines that reasonable cause for extension exists, The College may extend These time frames on a case-by-case basis for good cause by providing notice to the parties that includes the reason for the delay. The College will notify the Parties of the extension via their Lake Michigan College email.

The College will take reasonable steps to protect the privacy of the parties and Witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties shall not engage in retaliation, including against witnesses.

The College will objectively evaluate all evidence that is relevant and not otherwise impermissible: including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.

The following types of evidence, and questions seeking that evidence, are Impermissible (i.e., will not be accessed or considered, except by the College to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

• Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a Confidential Employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
• A party’s or witness’s records that are made or maintained by a physician, psychologist or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the College obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
• For Sex-based Harassment Complaints, evidence that relates to the Complainants sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent’s committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to alleged Sex-based Harassment. The fact of prior consensual sexual conduct between the Complainant and the Respondent does not by itself demonstrate or imply the Complainant’s consent to alleged Sex-based Harassment or preclude determination that Sex-based Harassment occurred.

To determine whether and how these procedures apply to a party who is both a student and an employee, The College will conduct a fact-specific review to determine the individual’s primary relationship with the College. At a minimum, the College will consider whether the party’s primary relationship with the College is to receive an education and whether the alleged Sex-based Harassment occurred while the party was performing employment- related work.

Written Notice of Allegations

Upon initiation of the College’s Title IX grievance procedures, and with sufficient time for the parties to prepare a response before any initial interview, the College will notify the parties in writing of the following:

• The College’s Title IX grievance procedures and any informal resolution process;
• Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute Sex Discrimination or, if applicable, Sex-based Harassment, and the date(s) and location(s) of the alleged incident(s);
• Retaliation is prohibited;
• The Respondent is presumed not responsible for the alleged Sex Discrimination or, if applicable, Sex-based Harassment until a determination is made at the conclusion of the grievance procedures. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decision maker;
• If credibility is at issue, the parties may have an advisor of their choice who may be, but is not required to be, an attorney;
• The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigative report that accurately summarizes this evidence. If the College provides access to an investigative report, the parties are entitled to an equal opportunity to access the relevant and not impermissible evidence upon the request of any party; and
• The College Code of Conduct prohibits knowingly making false statements or knowingly submitting false information during grievance procedures.
  • Acts of Dishonesty: No student shall furnish false and/or misleading information to any official, college employee of office nor engage in forgery, alteration or misuse of any college document, record or instrument of identification.

If, in the course of an investigation, the College decides to investigate additional allegations of Sex Discrimination by the Respondent toward the Complainant that are not included in the notice provided or that are included in a Complaint that is consolidated, the College will notify the parties of the additional allegations.

Dismissal of a Complaint

The College may dismiss a Complaint of Sex Discrimination if:

• The College is unable to identify the Respondent after taking reasonable steps to do so;
• The Respondent is not participating in the College’s education program or activity and is not employed by the College;
• The College obtains the Complainant’s voluntary withdrawal in writing of any or all of the allegations, the Title IX Coordinator declines to initiate a Complaint, and the College determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute Sex Discrimination under Title IX even if proven; or
• The College determines the conduct alleged in the Complaint, even if proven, would not constitute Sex Discrimination under Title IX.
• Before dismissing a Complaint, the College will make reasonable efforts to clarify the allegations with the Complainant.

Upon dismissal, the College will promptly notify the Complainant in writing of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then the College will notify the parties simultaneously in writing.

The College will notify the Complainant that a dismissal may be appealed on the bases outlined in the Appeals section of these procedures. If dismissal occurs after the Respondent has been notified of the allegations, then the College will also notify the Respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, the College will follow the procedures outlined in the Appeals section.

When a Complaint is dismissed, the College will, at a minimum:

• Offer supportive measures to the Complainant as appropriate;
• If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and
• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that Sex Discrimination does not continue or recur within the College’s education program or activity.

The College will provide for adequate, reliable, and impartial investigations of Complaints.

The burden is on the College—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether Sex-based Harassment occurred.

The College will provide to a party whose participation is invited or expected, and with sufficient time for the party to prepare to participate, written notice of the date, time, location, participants, and purpose of all meetings or proceedings.

Advisors.  If Credibility is at issue, the College will provide each party with the same opportunity to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.

• The College will not limit the choice or presence of the advisor for the Complainant or Respondent in any meeting or proceeding.
• The College may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as the restrictions apply equally to the parties.

The College will provide the parties with the same opportunities, if any, to have people other than the advisor of the parties’ choice present during any meeting or proceeding.

Witnesses and Evidence.  The College will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

Relevance.  The decision maker will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

The College will provide each party and the party’s advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of Sex-based Harassment, and not otherwise impermissible, in the following manner:

• The College will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or the same written investigative report that accurately summarizes this evidence. If the College provides access to an investigative report, the College will further provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.
• The College will provide a reasonable opportunity to review and respond to the evidence or the investigative report. If the College conducts a live hearing as part of its grievance procedures, it will provide this opportunity to review the evidence in advance of the live hearing; and
• The College will take reasonable steps to prevent and address the parties’ and their advisors’, if applicable, unauthorized disclosure of information and evidence obtained solely through these grievance procedures.

The College will conduct a live hearing.

The College's process for proposing and asking relevant, not otherwise impermissible questions of parties and witnesses, including questions challenging credibility, will:

• Allow the decision maker to ask such questions, and
• Allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the decision maker, subject to the procedures for evaluating and limiting questions discussed below.

The College will conduct the live hearing with the parties physically present in the same geographic location or, at the College's discretion or upon the request of either party, will conduct the live hearing with the parties physically present in separate locations with technology enabling the decision maker and parties to simultaneously see and hear the party or witness while that person is speaking.

The College will create an audio or audiovisual recording or transcript of any live hearing and make it available to the parties for inspection and review.

Procedures for the Decisionmaker to Evaluate Questions and Limitations on Questions. 

The decisionmaker will determine whether a proposed question is relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The decisionmaker will give a party an opportunity to clarify or revise a question that the decisionmaker determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked.

Impact of Refusal to Respond to Questions and Inferences Based on Refusal to Respond to Questions. (please bold)

The decisionmaker may choose to place less or no weight upon statements by a party or witness who refuses to respond to relevant, permissible questions. The decisionmaker will not draw an inference about whether Sex Discrimination or Sex-based Harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.

Following a determination that sex-based harassment occurred, the College may impose disciplinary sanctions, which may include discipline ranging from a verbal warning up to and including expulsion, termination of employment, or exclusion from the College's programs and activities.

The College may also provide remedies, which may include ensuring that a complainant can move safely between classes and while at school or on campus such as by providing a campus escort or allowing a student to park in the employee parking lot; making changes to housing, class schedules and extracurricular activities to ensure the complainant and respondent are separated; providing services, including medical support and counseling; providing academic resources and support; reviewing any disciplinary actions taken against the complainant to determine whether there is a causal connection between the sex-based harassment and the misconduct; providing reimbursement for professional counseling services; making tuition adjustments; and any other remedies the College deems appropriate.

The College will offer an appeal from a dismissal or determination whether Sex Discrimination occurred on the following bases:

• Procedural irregularity that would change the outcome;
• New evidence that would change the outcome and that was not reasonably available when the determination or dismissal was made; and
• The Title IX Coordinator, investigator, or decision maker had a conflict of interest of bias for or against Complainants or Respondents, generally, or the individual Complainant or Respondent that would change the outcome.

If a party appeals a dismissal or determination whether Sex Discrimination or Sex-based Harassment occurred, the College will:

• Notify the parties in writing of any appeal including notice of the allegations, if notice was not previously provided to the Respondent;
• Implement appeal procedures equally for the parties;
• Ensure that the decision maker for the appeal did not take part in an investigation of the allegations or dismissal of the Complaint;
• Ensure that the decision maker for the appeal has been trained consistent with the Title IX regulations;
• Communicate to the parties in writing that the College will provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
• Notify the parties in writing of the result of the appeal and the rationale for the result.

Any additional procedures or bases for appeal the College offers will be equally available to all parties.

In lieu of resolving a Complaint through the College's Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. The College will inform the parties in writing of any informal resolution process it offers and determines is appropriate, if any.

The College will not offer informal resolution to resolve a Complaint when such a process would conflict with Federal, State or local law. Before the initiation of an informal resolution process, the College will explain in writing to the parties:

• The allegations;
• The requirements of the informal resolution process;
• That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
• That if the parties agree to a resolution at the end of the informal resolution process at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations.
• The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
• What information the College will maintain and whether and how the College could disclose such information for use in the Title IX grievance procedures if such procedures are initiated or resumed.

"A Resource Handbook for Campus Sexual Assault Survivors, Friends and Family" published by the Governor's Office in conjunction with the first lady of Michigan

This handbook is a statewide resource intended to provide basic information about campus sexual assault. It is written for survivors, but it is also intended to help friends and family. Sexual assault is never the victim's fault. If you are victim of campus sexual assault, it's important to know that you have choices and are entitled to help. Learn more about campus, state and national resources that are available to help so you don't have to navigate the experience alone. Inform. Empower. Prevent.

On-Campus

Title IX Coordinator: 269-927-6908

Off-Campus

National Domestic Violence Hot Line: thehotline.org  800-799-SAFE (7233)
Safe Shelter: 888-237-1891
Domestic Violence Coalition: 888-655-9008
MI Coalition Against Domestic and Sexual Violence: 517-347-7000 Sexual Assault Text: 866-238-1454 Call: 855-864-2374 Domestic Violence Text: 877-861-0222 Call: 866-864-2338

Corewell Health Southwest Michigan 269-927-5350

Counseling Information

Andrews Community Counseling Center: 269-471-6238
Providing free psychological services under the supervision of licensed psychologists. Mental health services to children, adolescents, and adults who reside in the Michigan area, or who are members of the community near the university. Office is located in
Berrien Springs.

Centered on Wellness: 269-926-6199
Offering behavioral counseling, coaching, consulting, education and prevention for children, families, couples, and adults. Offices are located in Benton Harbor and Niles.

Freedom Counseling Center: 269-982-7200
Freedom Counseling Center provides high-quality counseling and psychological evaluations to individuals, parents, couples, adolescents and children.

Riverwood Center: 800-336-0341 (24-hour hotline)
Riverwood partners with children, families and adults in their journey toward recovering from behavioral health and substance use challenges, and helps individuals with intellectual disabilities succeed in community living. Offices located in Benton Harbor.

Corewell Health Southwestern Counseling Services 269-429-7727
Counseling services for treating abuse and trauma, addictions and co-occurring disorders, anxiety, depression, AHHD, eating disorders, coping with loss and grief and behavioral services for children and adolescents. Offices located in Berrien Springs, St. Joseph, Stevensville, Coloma, and Niles.

HelpNet - Employee Assistance Program
The college’s Employee Assistance Program, available to all full and part-time employees, is administered through HelpNet. Information can be found in the Human Resources offices or on SharePoint under the staff and faculty benefit links. 

All Personal Protection Order questions can be addressed to the Clerk’s Office at the Courthouse

Berrien County Clerk’s Office
811 Port Street, St. Joseph
Phone: (269) 983-7111, extension 8736
Fax: (269) 982-8642  

A personal protection action involves seeking an order from the court to protect you from harassment, assault, beating, molesting, wounding, or stalking by another person.  The order can also prohibit a person from entering your premises and from removing minor children, unless the removal is part of court-ordered parenting time.  The person filing the petition for personal protection is called the petitioner.  The person to be restrained by the personal protection order is called the respondent.  

Types of Personal Protection Actions  

There are two types of personal protection actions: domestic and nondomestic. A domestic personal protection order can be obtained if you have or had an established relationship with the other party or have a child in common. A nondomestic personal protection order can be obtained if you want to prevent threatening or violent behavior by someone with whom you have not had any form of domestic relationship; this type of order is also referred to as an order against stalking.  

How Personal Protection Orders are issued  

There are two ways personal protection orders can be issued. The court can issue an order after the other person has been notified that you have filed for a personal protection order and after the court has held a hearing. The court may also issue a personal protection order without notifying the other person and without a hearing.  This is called an ex parte order.

The following preventive measures will help minimize your chances of being attacked: 

• Accept the fact that you are a potential assault victim.  Many people operate under the illusion that “it will never happen to me.”  It may. 

• Above all else…trust your instincts.  If you feel uncomfortable or uneasy, leave immediately. 

Lake Michigan College encourages all students to participate in maintaining a safe environment on campus.  The power of bystanders, those that witness inappropriate behavior, is a powerful tool to help reduce all types of misconduct on campus.  Bystander intervention techniques are safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene, especially when there is a risk of dating violence, domestic violence, sexual assault, or stalking.  Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.  Bystander intervention includes but is not limited to: 

• Making a report to Campus Safety and Security or local law enforcement when you observe inappropriate behavior. 

• Ask if you can help if you see someone that looks like they are in trouble. 

• Be respectful of yourself and others around you; ask others to be respectful when they are not. 

• Stop someone from driving if they are impaired. 

• If you see a friend or acquaintance doing something inappropriate, say something. 

• Speak up if you see or hear offensive, derogatory, or abusive remarks or actions. 

• If a friend is impaired, offer to assist them in getting home and don’t let them go off with people they do not know. 

In accordance with the “Campus Sex Crimes Prevention Act” of 2000, which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Jeanne Clery Act and the Family Educational Rights and Privacy Act of 1974, Lake Michigan College is providing a link to the Michigan State Police Sex Offender Registry.  This act requires institutions of higher education to issue a statement advising the campus community where law enforcement information provided by a State concerning registered sex offenders may be obtained.  It also requires sex offenders already required to register in a State to provide notice of each institution of higher education in that State at which the person is employed, carries a vocation, or is a student. In the State of Michigan, convicted sex offenders must register with Sex Offender and Crimes Against Minors Registry maintained by the State police. 

The Sex Offenders Registration Act, MCL 28.721 et seq., directs the Michigan State Police to develop and maintain a public registry and provides guidelines on the type of offender information available to the public.  The registration requirements of the Sex Offenders Registration Act are intended to provide the people of this state with an appropriate, comprehensive, and effective means to monitor those persons who pose such a potential danger. 

In accordance with the Wetterling Act, Megan’s Law and the Campus Sex Crimes Prevention Act of 2000, it is now mandatory that all registered sex offenders report to the law enforcement agency having jurisdiction in which the institution of higher learning is located.  The Michigan Public Sex Offenders Registry can be accessed online (opens in a new window).

LMC is committed to the prevention of sexual misconduct and harassment through education and awareness programs. Throughout the year, LMC offers educational programs to promote awareness of sexual misconduct and harassment, Prevention programs include an overview of LMC’s policies and procedures, relevant definitions, including prohibited conduct, discussion of the impact of alcohol and drug use, effective consent, bystander intervention, and information about risk reduction. LMC’s Title IX Coordinators oversees the education and prevention calendar and tailors programming to campus needs and climate. All educational programs include a review of resources and reporting options available for students, faculty, and staff.

The College encourages victims of sexual assault to take the following steps following an assault:  

1. Preserve physical evidence.
   The sexual assault, stalking, dating and domestic violence victim has the right for full and prompt cooperation from College personnel and law enforcement authorities in obtaining, securing, and maintaining evidence that may be necessary to the proof of criminal sexual assault, stalking, dating or domestic violence in legal proceedings, including, but not limited to, a medical examination of the victim.

   A special physical examination performed at the hospital collects evidence that will be helpful if the victim later decides to prosecute the assailant. To preserve evidence, the victim should not wash, brush teeth, use the toilet, douche, destroy clothing, or straighten up the area where the assault occurred.
    

2. Report the assault to the police at (269) 926-8221 or dial 911. 
   It is the victim’s decision whether or not to report the assault to the police. Reporting a sexual assault, stalking, dating or domestic violence to the police may protect the victim and others from possible future victimization by helping public safety officers apprehend the assailant. A police report also maintains the victim’s future option of criminal prosecution, and helps support a College disciplinary action or a civil lawsuit against the perpetrator. Making a police report does not obligate the victim to prosecute the assailant. Whether or not the case will be prosecuted is a decision that is made later, based on a number of factors. The police do not reveal the victim’s or the suspect’s name or any identifying information to the media for printing or to the general public.  If the victim chooses campus security authorities will assist in notifying law enforcement.
    
3. Get medical attention.
   The rape evidence exam should be performed as soon as possible. The exam is available only at Lakeland Regional Health System.

   If the victim decides not to have the rape evidence exam, she/he should still be examined for possible injury, pregnancy, and sexually transmitted infections. An exam for these purposes is available at Planned Parenthood, or with a physician of choice.

   Injuries as a result of sexual assault, stalking, dating or domestic violence should be treated and photographed as soon as possible.
    

4. Ask for information, support and assistance.
   To ensure that victims of sexual assault, stalking, dating and domestic assault have accurate and complete information about their rights, options, and available resources for help, as well as any assistance they need in carrying out decisions about what to do following an assault, the victim may wish to call the 24-hour crisis line at 269-925-9500. Child & Family Services of Southwestern Michigan provides information and support by phone or on-site at the hospital or police stations. The assault victim has the right to be made aware of, and assisted in exercising, any option provided under state and federal law regarding mandatory testing of sexual assault suspects for communicable diseases and notification to the victim of the results of the testing. The victim also has the right to be informed of rights and remedies accorded to crime victims generally.
     
5. Report the assault to the Title IX Coordinator. 
   Sexual assault, stalking, dating and domestic violence are expressly prohibited by the College’s rules and regulations. The College has the right to discipline students who violate these rules and regulations. It is not necessary for the victim to file a police report in order to pursue sanctions through the College; however, it is strongly recommended as beneficial to the victim. Pursuing sanctions through the College does not preclude the victim from also pursuing criminal prosecution or a civil lawsuit.

   The victim has the right after the assault has been reported to appropriate campus authorities to require the institution’s personnel to take any reasonable feasible actions as are needed to prevent any unnecessary or unwanted contact or proximity with an alleged assailant, including, but not limited to, the issuance of an No Contact Order, to classroom adjustments/arrangements, providing an escort, moving he individual’s residence, adjusting the individual’s work schedule, allowing the individual to withdraw from or retake a class without penalty, providing access to tutoring or other academic support, to interim suspensions of the alleged perpetrator if necessary.

   The College’s judicial process is initiated by the victim making a report. A detailed description of the process is included in the student handbook, copies of which are available at many locations on campus as well as the college webpage.

   Evidentiary Standard: Preponderance of the Evidence.  

An employee or student may be accountable for sexual misconduct under applicable local, state, and/or federal law, as well as under LMC policy. A criminal investigation may be conducted concurrently with the Title IX investigation. Disciplinary action by LMC may proceed while criminal proceedings are pending and will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced.