Title IX Sexual Harassment

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, without consent.

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 without consent.

Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without consent.

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.

Dating Violence

Defined as 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

Defined as 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.

Stalking

Defined as 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.

As used above, the following definitions apply:

• Force means the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent.
• Coercion means unreasonable pressure for sexual activity. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

Consent means 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.  
• Incapacitation means 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.

Definition of Retaliation
The College and any member of the College community are prohibited from taking materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy.

Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. The College will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation.

Complaints of retaliation will be handled in accordance with the grievance process outlined in this policy.

Charging a party for violating the Student Code of Conduct and/or employee conduct policies for filing a materially false statement in bad faith does not constitute retaliation provided that a determination regarding responsibility, alone, is not sufficient to conclude that the materially false statement was made in bad faith.

The exercise of rights protected under the First Amendment does not constitute retaliation.

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 College will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged sexual harassment and/or retaliation. At the time the supportive measures are offered, the College will inform the Complainant, in writing, that they may file a formal complaint with the College either at that time or in the future, if they have not done so already.
 
Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties, before or after the filing of a formal complaint or where no formal complaint has been filed, to restore or preserve access to College educational programs or activities, including measures designed to protect the safety of all parties or the College’s educational environment, and/or deter sexual harassment and/or retaliation.  

The Title IX Coordinator works with each party to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.

The College will implement measures in a way that does not unreasonably burden the other party. These actions may include, but are not limited to:

• Referral to counseling, medical, and/or other healthcare services
• Referral to the Employee Assistance Program  
• Referral to community-based service providers
• Student financial aid counseling
• Altering campus housing assignment
• Altering work arrangements for employees or student- employees
• Safety planning
• Providing campus safety escorts
• Providing transportation accommodations
• Implementing contact limitations (no contact orders) between the parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Issuing a No Trespass notice
• Class modifications, withdrawals, or leaves of absence
• Increasing security and monitoring of certain areas of the campus

The College will maintain as confidential any supportive measures provided to the Complainant or Respondent to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measure.

All individuals are encouraged to report concerns about the failure of another to abide by any restrictions imposed by supportive measures. The College will take immediate action to enforce a previously implemented measure and disciplinary sanctions can be imposed for failing to abide by the College-imposed measures.  
 
The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

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 Title IX Coordinator will assign trained Investigator(s) to investigate the complaint.

The investigation will include interviewing the Complainant, the Respondent, and any witnesses identified. Both the Complainant and the Respondent are entitled to identify witnesses, including expert witnesses, to be interviewed in the investigation.

The investigation will also include reviewing any appropriate documentation and/or policies, reviewing law enforcement investigation documents, if applicable, reviewing student and/or personnel files, and gathering and examining other relevant documents or evidence, and any other action(s) the Investigator deems necessary to completing the investigation.

The Complainant and the Respondent have the right to have an Advisor present during any interview(s) or other meetings associated with the Grievance Process. The Advisor may not participate in the interview process and must remain silent during this phase of the Grievance Process.

Prior to commencing the investigation the Investigator(s) must disclose any conflict of interest between him/herself and either party, and in the event of any conflict, a qualified and trained unbiased replacement will be appointed. A party objecting to the Investigator on the basis of a conflict of interest must raise the objection during this phase of the Grievance Process; otherwise, the objection is deemed waived.

Notices of interviews or meetings sent to parties and witness will include the date, time, location, participants and purpose of the interview or meeting. The notice must be provided sufficiently in advance to allow the party or witness to prepare.

Investigators will not access, consider, disclose or otherwise use a party’s records that are maintained by a physician, psychiatrist, psychologist of other recognized professional or paraprofessional acting in professional capacity and are made/maintained in that capacity without voluntary written consent. Consent for a minor under FERPA is required from a parent.

The Investigator will document in writing his/her findings and determination in an Investigation Report. Ten days before the Investigation Report is completed, the Investigator will provide access to all evidence directly related to the allegations to the Parties and the Advisor, if any. Parties may provide a written response to the evidence no later than 10 days after being provided access. Within 20 days after parties are provided access to evidence the Investigator will issue the Investigatory Report which will summarize the Investigatory process, the facts gathered during the investigation, and any response to the facts provided by a party as well as state the Investigator’s finding of facts.

If the College learns of discrimination/harassment in the absence of a direct complaint being filed by the student, such as from a member of the local community, social networking sites, or the media, the College will investigate or otherwise determine what occurred.

If an investigation reveals that sexual violence created a hostile environment, the College will take prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects.

Prior to commencing the Grievance Hearing process the Hearing Chair will disclose any conflict of interest between him/herself and either party, and in the event of any conflict, a qualified and trained unbiased replacement will be appointed. A party objecting to a Hearing Chair on the basis of a conflict of interest must raise the objection during his phase of the Grievance Process; otherwise, the objection is deemed waived.
 
Upon notice from the Title IX Coordinator an investigation has concluded, the Hearing Chair will, within 10 days, set a hearing date, time, and place. Once a hearing date, time, and place has been determined, the Hearing Chair will provide written notice of the hearing date, time, and place to all interested Parties. The notice of the hearing must be provided to all interested parties at least 10 days before the date and time of the scheduled hearing.  
 
Either party may request that the hearing be conduct with each party in separate rooms, in which case the hearing will be conducted using technology allowing all parties to see and hear each other.  

If a party or parties prefer not to attend or cannot attend the hearing in person, the party should request alternative arrangements from the Hearing Chair at least five business days prior to the hearing.  
 
Grievance Hearing will be closed to the public in order to protect the confidential nature of the proceedings. Any student or employee requiring accommodations for the hearing must make the request for such accommodations at least five days prior to the hearing. In the event that an essential accommodation cannot be provided by the College by the date of the hearing, the hearing will be rescheduled with the respective date to be no more than one week later. The Hearing Chair will be responsible for ensuring that procedural matters are followed.  
 
Deviations from prescribed procedures will not necessarily invalidate a decision or proceeding unless the deviation causes significant prejudice to a student, employee, or the responding party.
 
No party will be permitted to make an audio recording of the proceeding. The hearing will be transcribed by the College, and a transcript of the hearing will be made available to the parties, their Advisor, the Appeal Chair, and will be kept by the Title IX Coordinator.
 
During the Grievance Hearing both Advisors for both Complainant and Respondent may be present but will not be permitted to participate in the process except for the limited purpose of conducting cross-examination of the other party and witnesses.  
 
The Grievance Hearing will proceed in the following order:

1. Hearing Panel’s explanation of the Procedure and Rules
2. Statement of the Investigator’s Findings and Conclusion
3. Complainant’s Opening Statement (limited to 15 minutes)
4. Respondent’s Opening Statement (limited to 15 minutes)
5. Presentation of the Complainant’s witnesses and evidence
6. Presentation of the Respondent’s witnesses and evidence
7. Complainant’s Closing Statement (limited to 15 minutes)
8. Respondent’s Closing Statement (limited to 15 minutes)

During the presentation of evidence, each party will have the opportunity to call witnesses (including experts) on their behalf after which the opposing party through their Advisor will have the opportunity to question the witness.
 
During cross-examination Parties and Advisors must conduct themselves in a respectful, non-abusive, and non-intimidating manner. Advisors are not entitled to object to relevancy issues during the hearing.
 
In the judgement of the Hearing Chair, each party may be granted a short recess for the purpose of conferring with their Advisor.
 
During the presentation of evidence, the Hearing Panel is permitted to ask for clarification from witnesses.
 
The Hearing Chair will make a relevancy determination regarding each question asked during cross-examination before the question is answered and will explain why it is not relevant.  
 
Upon conclusion of the Grievance Hearing, the Hearing Panel will make a determination based a preponderance of evidence as to whether the alleged conduct occurred or did not occur, and if the conduct occurred if the conduct constituted a violation of this policy and the appropriate sanction(s). In reviewing the decision of the Investigator, the Hearing Panel may substitute its assessment for the findings, conclusion, and decision of the Investigator.
 
The Hearing Chair will provide a written report (Notice of Outcome) of the Hearing Panel’s findings and determinations in writing to all parties, their Advisors, and the Title IX Coordinator within 10 days after the hearing. The Notice of Outcome will be shared with the parties simultaneously. Notification will be made in writing and may be delivered in person, mailed to the permanent address of the parties or emailed to the parties’ College-issued email. Once mailed, emailed and/or delivered in person, notice will be presumptively delivered.  
 
The Notice of Outcome will articulate the specific policy(ies) reported to have been violated, including the relevant policy section, and will contain a description of the procedural steps taken by the College from the receipt of the misconduct report to the determination, including any and all notifications to parties, interviews with parties and witnesses, site visits, methods used to obtain evidence, and hearings held. It will also include specific findings on each alleged policy violation, the findings of fact that support the determination; conclusion regarding the application of the relevant policy to the facts at issue; a statement of, and rationale for, the results of each allegation, any sanctions issued and any remedies provided to the Complainant designed to ensure access to College educational or employment program or activity.
 
The Notice of Outcome will also include information on when the results are considered by the College to be final, any changes that occur prior to finalization, and the relevant procedures and bases for any available appeal options.  

Sanctions will be imposed upon a finding that a student or employee has violated this policy. A student or employee who fails to complete the sanction will be considered to have committed another violation of this policy. Violations involving impairment from the voluntary use of alcohol and/or use of drugs (other than medically necessary) will be considered an aggravating, and not a mitigating, factor in sanctioning. All sanctions become part of a student's file or employee's personnel file. The College may withhold awarding a degree or any other academic achievement, otherwise earned, until the completion of the process set forth in this policy, including appeals and the completion of any and all sanctions imposed.  

Potential sanctions for students found by the College to have violated this policy may include, but are not limited to, the following, which are defined in Appendix B: 

• Account Hold
• Disciplinary Probation
• Educational Assignment
• Expulsion  
• No Contact     
• Restitution  
• Restricted Access
• Suspension
• Written Warning

Potential sanctions for employees found by the College to have violated this policy may include, but are not limited to, the following, which are defined in Appendix C:  

• Corrective Plan of Action
• Discharge
• No Contact  
• Suspension
• Training
• Verbal Warning
• Written Warning  

Potential sanctions for third-parties found by the College to have violated this policy may include, but are not limited to:

Loss of Privileges
Termination of Business Relationship  
Should a student decide not to participate in the resolution process, the process proceeds absent their participation to a reasonable resolution. Should a student Respondent permanently withdraw from the College, the resolution process ends, as the College no longer has disciplinary jurisdiction over the withdrawn student. The student who withdraws or leaves while the process is pending may not return to the College; a hold will be placed on their student account, and the student may be barred from College property and/or events. The College will, however, continue to address and remedy any systemic issues that may have contributed to the alleged violation(s) and any ongoing effects on the alleged sexual harassment and/or retaliation.  
 
Should an employee Respondent resign with unresolved allegations pending, the resolution process ends. The College will, however, continue to address and remedy any systemic issues that may have contributed to the alleged violation(s) and any ongoing effects on the alleged sexual harassment and/or retaliation.
 
An employee who resigns with unresolved allegations pending is not eligible for rehire by the College and the records retained by the Title IX Coordinator will reflect that status. All College responses to future inquiries regarding employment references for that individual will include that the former employee resigned during a pending disciplinary matter.

Sanctions will be imposed upon a finding that a student or employee has violated the Title IX Sexual Harassment policy. A student or employee who fails to complete the sanction will be considered to have committed another violation of the policy. Violations involving impairment from the voluntary use of alcohol and/or use of drugs (other than medically necessary) will be considered an aggravating, and not a mitigating, factor in sanctioning. All sanctions become part of a student's file or employee's personnel file. The College may withhold awarding a degree or any other academic achievement, otherwise earned, until the completion of the process set forth in this policy, including appeals and the completion of any and all sanctions imposed.  

Potential sanctions for students found by the College to have violated this policy may include, but are not limited to, the following, which are defined in Appendix B.  

• Account Hold
• Disciplinary Probation
• Educational Assignment
• Expulsion  
• No Contact     
• Restitution  
• Restricted Access
• Suspension
• Written Warning

Potential sanctions for employees found by the College to have violated this policy may include, but are not limited to, the following:

• Corrective Plan of Action
• Discharge
• No Contact  
• Suspension
• Training
• Verbal Warning
• Written Warning  

Potential sanctions for third-parties found by the College to have violated this policy may include, but are not limited to:

• Loss of Privileges
• Termination of Business Relationship

Appeals under this policy will be heard by an Appeal Panel comprised of three College employees. Both parties have equal rights to an impartial appeal upon the dismissal of a formal complaint or any allegations therein and upon receiving the Hearing Panel’s written determination regarding responsibility and, when applicable, sanctions and remedies.
 
Prior to commencing the appeal process the Appeal Chair must disclose any conflict of interest between him/herself and either party, and in the event of any conflict, a qualified and trained unbiased replacement will be appointed. A party objecting to the Appeal Chair on the basis of a conflict of interest must raise the objection during this phase of the Grievance Process; otherwise, the objection is deemed waived.
 
An appeal must be filed within 10 days of the decision being appealed by submitting a written statement as to the basis and reason for the appeal to the Title IX Coordinator.
 
The request for appeal will be forwarded to the Appeal Chair for consideration to determine if the request meets the grounds for appeal. The grounds for appeal are:

1. procedural irregularity that affected the outcome of the matter;
2. new evidence or witness(es) that were not reasonably available at the time determination regarding responsibility or dismissal was made which could affect the outcome of the matter;
3. a conflict of interest or bias that affected the outcome of the matter.

If any of the grounds in the request for appeal do not meet the grounds in this policy, that request will be denied by the Appeal Chair and the parties and their Advisors will be notified in writing of the denial and the rationale within seven business days of receiving the request for appeal.
 
If any of the grounds in the request for appeal meet the grounds in this policy, then the Appeal Chair will notify the other parties and their Advisors and, when appropriate, the Title IX Coordinator, Investigator(s) and Hearing Panel Members. This will occur within seven business days of receiving the request for appeal.  
 
The other party(s) and their Advisors, and, when appropriate, the Title IX Coordinator, the Investigators and/or the Hearing Panel will be mailed, emailed, and/or provided a hard copy of the request with the approved grounds and then be given five business days to submit a response to the portion of the appeal that was approved and involves them. All responses will be forwarded by the Appeal Panel Chair to all parties for review and comment.  
 
The non-appealing party (if any) may also choose to raise a new ground for appeal at this time. If that occurs, it will be reviewed to determine if it meets the grounds in this policy by the Appeal Panel Chair and either denied or approved. If approved, it will be forwarded to the party who initially requested an appeal, the Investigator(s) and/or original Hearing Panel, as necessary, who will submit their response in five business days, which will be circulated for review and comment by all parties.  
 
Neither party may submit any new requests for appeal after this time period. The Appeal Panel Chair will collect any additional information needed; all documentation regarding the approved grounds and the subsequent responses will be shared with the Appeal Panel. The Appeal Panel will render a decision in no more than seven business days, barring exigent circumstances. All decisions are made by a unanimous vote and apply the preponderance of evidence standard.
 
Within ten days of receipt of the response to the appeal, a Notice of Appeal Outcome will be sent to all parties simultaneously, including the decision on each approved grounds and rationale for each decision. The Notice of Appeal Outcome will specify the findings on each ground for appeal, any specific instructions for remand or reconsiderations, any sanctions that the College is permitted to share according to state or federal law, and the rationale supporting the essential findings to the extent the College is permitted to share under state and federal law.  
 
Notification will be made in writing and will be delivered by in person, mailed to local or permanent address of the parties as indicated in official institutional records, and/or emailed to the parties’ College-issued email. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.

The College permits informal resolutions processes in cases in which a formal complaint has been filed with the Title IX Coordinator. An informal resolution can include three different approaches:

• When the Title IX Coordinator can resolve the matter by providing supportive measures (only) to remedy the situation or believes the matter can be resolved through an alternate resolution.
• When the parties agree to resolve the matter through an alternate resolution mechanism, usually before a formal investigation takes place.
• When the Respondent accepts responsibility for violating this policy and is willing to accept a sanction and end the resolution process.  

The informal resolution process is voluntary, remedies-based process designed to provide parties with an option to resolve disputes with other students in a forum that is separate and distinct from the formal grievance process under this policy.  
 
Prior to implementing an informal resolution, the College Ombudsperson (who is responsible for the informal resolution process) will provide both parties with written notice disclosing the allegations, the requirements of the informal resolution process and any outcomes resulting from participating in the informal resolution process. The Title IX Coordinator has five business days to refer the matter to the Ombudsperson once the informal resolution option has been identified.  

The parties must submit in writing, within three business days of being contacted by the Ombudsperson, that they voluntarily wish to resolve the matter through the informal resolution process.  

Once terms through the informal resolution process have been created, the Ombudsperson has three business days to submit, in writing, the agreement to both parties.

Both parties have five business days to sign and submit the informal resolution agreement. If for some reason a party does not sign and submit the informal resolution agreement the matter is referred back to the Title IX Coordinator by the Ombudsperson within three business days. The Title IX Coordinator will then initiate the formal resolution/grievance process.  

The informal resolution agreement is not subject to appeal once all parties indicate their written approval to all agreed upon terms of the resolution. When parties cannot agree on all terms of the resolution, the formal resolution/grievance process will resume.  

When a resolution is accomplished, the appropriate sanctions are promptly implemented in order to effectively stop the sexual harassment or retaliation, prevent its recurrence, and remedy the effects of discriminatory conduct, both on the Complainant and the College community.

Any party participating in the informal resolution process can stop the process at any time and begin or resume the formal resolution/grievance process.  

The informal resolution process is available in matters involving a student Complainant and a student Respondent. The informal resolution process is not available in matters involving a student and an employee.

"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.