Policy and Reporting Procedures for Allegations of Sexual Discrimination, Harassment, Sexual Assault, Sexual Misconduct, Relationship (Dating) Violence and Stalking
Marygrove College (Marygrove) prohibits discrimination based on sex in employment, education programs and activities. This policy applies to all students, employees and third parties; to conduct on campus, at College-sponsored activities, and through technology resources provided by or used at Marygrove on or off campus.
Title IX of the Education Amendments of 1972 and other laws prohibit discrimination on the basis of sex in employment, education programs and activities. Title IX protects all persons from sex discrimination, which includes sexual harassment and sexual violence. Marygrove will process all sex discrimination complaints it receives, including complaints of sexual harassment and sexual violence, regardless of where the conduct occurred, to determine whether the conduct occurred in the context of an employment, education program or activity, or had continuing effects on campus. If alleged offcampus sexual harassment or sexual violence occurred in the context of an education program or activity or had continuing effects on campus, the complaint will be treated the same as a complaint involving on-campus conduct. This includes complaints of sexual assault or harassment by students, employees, and third parties.
For purposes of this Policy and Reporting Procedure, the following has been designated the College’s Title IX Team including the Title IX Director, Deputy Directors and Campus Security.
Faculty & Staff/Third Party Claims
Director, Human Resources, Title IX
Liberal Arts Building, Room 107A
Disability Claims, Student Claims
Dr. Denise Powell, PhD
Federal ADA Compliance Officer/Section 504 Coordinator
Liberal Arts Building, Room 322
The Title IX Director’s responsibilities include investigating and overseeing the investigation of all incidents of alleged sexual assault or harassment; ensuring that consistent standards and practices apply to all investigations; being available to meet with students and employees who believe sexual assault or harassment has occurred; and assisting campus security or law enforcement as needed. Students may also contact the U.S. Department of Education, Office for Civil Rights, (800)421-3481 or firstname.lastname@example.org.
Further, with the assistance of the Title IX Director, the Deputy Coordinator of Student Affairs will be responsible for the investigation and resolution of the alleged sexual assault complaints involving students in their academic roles. The Title IX Director will be responsible for the investigation and resolution of sexual assault complaints involving employees in their employment relationship roles. In the event a complaint of sexual assault involves both students and employees as parties, the Title IX Director and Student Affairs Deputy Coordinator shall coordinate the investigation and resolution of the complaint.
The Title IX Director shall be informed of all complaints received by the Student Affairs Deputy Director and the status of any investigation conducted in response. The Title IX Director shall also act in a consulting capacity should any questions arise under this Policy and Reporting Procedures.
Sex discrimination is an adverse action taken against an individual because of sex, including sexual harassment, sexual violence, domestic violence, dating violence, and stalking, as prohibited by Title IX, Title IV, VAWA/Campus SaVE Act, and other laws and regulations. Both men and women can be victims of sex discrimination.
Sexual harassment is any unwelcome conduct of a sexual nature. This includes unwelcome verbal, nonverbal or physical conduct including but not limited to unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, or physical conduct of a sexual nature, such as sexual violence, sexual advances, requests for sexual favors, and indecent exposure, where:
Sexual harassment also includes acts of verbal, non-verbal (e.g., written) and physical aggression, intimidation or hostility based on sex or gender stereotyping, even if these acts are not sexual in nature.
Domestic Violence is a form of sexual violence and means abuse committed against an individual by: (1) his/her current or former spouse; (2) his/her current or former cohabitant; (3) someone in a past or present dating or sexual relationship; (4) a relative and (5) any other person similarly situated under Michigan’s domestic violence law. Generally, domestic violence means causing or attempting to cause physical or mental harm, placing the individual in fear of mental or physical harm, causing or attempting to cause them to engage in involuntary sexual activity by force, threat of force, or duress.
Sexual Violence is a form of sexual harassment and means physical sexual acts, such as unwelcome sexual touching, sexual assault, sexual battery, rape, domestic violence, dating violence, and stalking (if based on sex), taken against an individual against his or her will and without consent or against an individual who is incapable of giving consent due to the use of drugs or alcohol, being a minor, or an intellectual or other disability. Sexual violence includes acts of physical force, violence, threats, and intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through drugs or alcohol, or taking advantage of another person’s incapacitation, including voluntary drug or alcohol intoxication.
Incapacitated means the victim is temporarily incapable of appraising or controlling his/her conduct due to the influence of a narcotic, anesthetic or other substance administered without consent or due to any other act committed upon the victim without consent.
Sexual violence can be carried out by College employees, other students, or third parties. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX. Both men and women can be victims of sexual violence.
Statutory rape is unlawful sexual intercourse with a minor under 18 years old, even if the intercourse is consensual. Under Michigan law, individuals under age 16 cannot consent to conduct of a sexual nature, and individuals under age 18 cannot consent to conduct of a sexual nature by a teacher, a substitute teacher, or a College employee, contractual service provider, or administrator.
Sexual Assault is a form of sexual violence and means (1) forcing or coercing an individual to engage in any non-consensual sexual contact or sexual penetration; or (2) an attempt to commit an unlawful act that places another person in reasonable apprehension of immediate, non-consensual physical contact for sexual purposes.
Sexual Battery is a form of sexual violence and means an intentional, unconsented to and harmful or offensive touching of the person of another, or of something closely connected with the person, for sexual purposes.
Rape is a form of sexual violence that may or may not involve force or a threat of force, coercion, violence, or immediate bodily injury, threats of future retaliation, or duress. Rape means nonconsensual sexual intercourse or sexual penetration. Sexual acts are considered non-consensual when they involve a person who is incapable of giving consent because s/he is incapacitated from alcohol and/or drugs, is under 18 years old, or due to a mental or physical disability is incapable of giving consent.
Acquaintance or Dating Violence is a form of sexual violence committed by an individual known to the victim. This includes a person the victim may have just met, such as at a party, been introduced to through a friend, or met on a social networking website. It also includes individuals who are or have been in a romantic or intimate relationship with the complainant. Whether a romantic or intimate relationship existed will be determined by the length, type and frequency of the interaction.
Consent means an informed and conscious decision by each participant to engage in mutually agreed-upon sexual activity. Once consent is withdrawn or revoked, the sexual activity must stop immediately.
Dating violence is a form of sexual violence, and is abuse committed by a person who is or has been in a social or dating relationship of a romantic or intimate nature with the victim. This may include a new acquaintance or person the complainant just met; i.e., at a party, introduced through a friend, or on a social networking website.
Stalking means a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others, or suffer substantial emotional distress. Generally, a “course of conduct” means two or more acts, including but not limited to 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 a person, or interferes with a person’s property.
Hostile Educational Environment. Harassment creates a hostile environment when the conduct is sufficiently severe, pervasive, or persistent to interfere with or limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by the educational institution.
Any conduct by an employee, student, or third party that denies or limits the ability of a student or employee to participate in or receive the benefits, services, or opportunities of employment or any Marygrove program or activity based on sex is prohibited. This includes any circumstance where:
The following are examples of behaviors that are prohibited under this policy. This is not intended to be an exhaustive list:
This policy specifically includes electronic communications, including but not limited to phone calls, text messages, e-mail, and communications using social media such as Instagram, Snapchat, Twitter, and Facebook.
Where to report. The complaint form is located at www.marygrove.edu/titleix. Complainants may complete the form and submit it to the Title IX Director or designated deputy coordinator. A complaint or report may be verbal or written and does not need to take a particular form.
Witnesses or Bystanders can report an incident confidentially on the Marygrove website listed above. If you witness any of the inappropriate content listed above, contact the appropriate Title IX designee directly or report it by selecting the tab on the website.
Who to report to. Sexual assault, sexual harassment and other behavior prohibited by this policy should be reported to the Title IX Director or designated deputy coordinator. Students, staff and faculty may also notify the head of their department or unit, their supervisor, or any member of the administration with whom they are comfortable also known as “responsible employees”. Any instructor or other employee receiving such a report is responsible for reporting it to the Title IX Director. Failure to comply with this policy shall be grounds for disciplinary action, up to and including termination.
“Responsible Employee” is any College Employee who is not a Confidential Employee. A Responsible Employee is required to report to the designated Title IX Coordinator all relevant details (obtained directly or indirectly) about an incident of Prohibited Conduct that involves any Student as a Complainant, Respondent, and/or witness, including dates, times, locations, and names of parties and witnesses. Responsible Employees include Resident Assistants and Graduate Teaching Assistants.
Responsible Employees are not required to report information disclosed (1) at public awareness events (e.g., “Take Back the Night,” candlelight vigils, protests, “survivor speak-outs” or other public forums in which students may disclose incidents of Prohibited Conduct; collectively, “Public Awareness Events”).
“Confidential Employee” is (1) any Employee who is a licensed medical, clinical or mental-health professional (e.g., physicians, nurses, physicians’ assistants, psychologists, psychiatrists, professional counselors and social workers, and those performing services under their supervision), when acting in that professional role in the provision of services to a patient who is a Student (“health care providers”); and (2) any Employee providing administrative, operational and/or related support for such health care providers in their performance of such services. A Confidential Employee will not disclose information about Prohibited Conduct to the designated Title IX Coordinator without the Student’s permission.
What to expect. Generally, a representative of Marygrove will meet with the complainant, identify and/or provide a copy of this policy, and explain:
The official to whom the complaint is initially brought to will discuss with the complainant the following relevant considerations:
When taking steps to separate complainants from alleged perpetrators, Marygrove will attempt to minimize the burden on the complainant.
Note: In cases of sexual assault, it is never appropriate to have both parties meet to mediate the dispute the matter should proceed directly to the investigation process.
Confidentiality. Marygrove will make reasonable and appropriate efforts to preserve student complainants’ and alleged perpetrators’ privacy and to protect the confidentiality of information, including but not limited to, record-keeping that excludes personally identifiable information on victims to the extent required by law. Marygrove will only disclose information regarding complaints under this policy on a need to know basis, primarily to persons who are responsible for its investigation and any reporting requirements.
Marygrove strongly supports a student complainant’s interest in confidentiality in cases involving sexual violence. If a student complainant requests confidentiality, the Title IX Director will determine whether Marygrove can honor this request while providing a safe and nondiscriminatory environment for all students, including the student who reported the sexual violence. A student complainant’s request for confidentiality could preclude a meaningful investigation; therefore, Marygrove will consider whether there are circumstances present that demonstrate a risk that the alleged perpetrator may commit additional acts of sexual violence or other violence. These include, for example, whether other sexual violence complaints have been received about the same alleged perpetrator; whether the alleged perpetrator has a history of arrests; whether the alleged perpetrator has a history of violence; whether the alleged perpetrator threatened further sexual violence or other violence against the student or others. Other factors include whether the sexual violence was perpetrated with a weapon, and the age of the student subjected to the sexual violence.
If the complainant asks that the complaint not be pursued, Marygrove will take reasonable steps to investigate and respond to the complaint consistent with the request not to pursue an investigation. Even when a student asks that a complaint not be pursued or that information be kept confidential, if necessary, Marygrove will take action to protect the student. This may include providing support services and changing living arrangements or course schedules, assignments, or tests as appropriate.
The Title IX Director will be responsible for overseeing the investigation and resolution of complaints of sexual assault involving faculty, staff and students. In the event a complaint of sexual assault involves both students and employees as parties, the Title IX Director and Student Affairs Deputy Coordinator shall coordinate the investigation and resolution of the complaint. Upon receiving a complaint, the Title IX Director and designated representative shall proceed with an investigation of the allegations within 14 calendar days. Other College officials may assist in gathering facts during the investigation and information from campus security or local law enforcement officials may be considered. Both parties will be given the same opportunity to present relevant evidence and witnesses, including character witnesses. If the alleged perpetrator is allowed to review the complainant’s statement, the complainant may also review any statement by the alleged perpetrator.
The Role of Advisors/Support Persons During the Investigation
Both the claimant and respondent are entitled to have advisors or support people to guide them throughout the investigation and resolution process. Advisors are allowed to accompany both claimant and respondent to interviews and meetings however the advisor may not address College officials unless invited to do so. Advisors are expected to refrain from interfering with the investigation.
Relevant Information for Investigation. At the outset of an investigation, the Title IX Director/investigator will notify the alleged perpetrator of the allegations against him or her and request a written response. In addition, the Title IX Director/investigator may collect and consider the following types of information:
Evidentiary Determinations. The Title IX Director/investigator has broad discretion in determining whether a proffered witness or documentary information would be relevant or helpful to a determination. Based on the circumstances, a “preponderance of the evidence” or other legally appropriate standard will be used.
Time Frame for Investigation. An investigation should normally be completed within 60 calendar days after notice of a complaint. This time may be extended for good cause, including but not limited to, College breaks or the unavailability of the complainant or alleged perpetrator. A written decision will be provided simultaneously to the parties within a reasonable time (typically 15 days) after completion of the investigation.
Cooperation. All faculty, staff and students are required to cooperate in the investigation process.
Notice of Investigation. At the outset of an investigation, the investigator will advise the alleged perpetrator of the allegations against him or her in writing.
Opportunity to Participate. Both the complainant and the alleged perpetrator will have the same opportunity to meet with the investigator, to submit relevant documentary or other evidence, including character evidence, and to request that the investigator meet with relevant witnesses and evaluate written documents and statements. Both the complainant and the alleged perpetrator have the same opportunities to have others present during any disciplinary proceeding including the opportunity to be accompanied by an advisor of their choice.
Pending criminal matters. Internal investigation of a sexual assault allegation will proceed whether a related criminal matter is pending. If there is an ongoing criminal investigation, Marygrove will generally not wait for the conclusion of the criminal investigation or criminal proceeding to begin its own Title IX investigation. However, Marygrove may temporarily delay the fact-finding portion of a Title IX investigation while the police or other law enforcement officials are gathering evidence.
Following completion of the investigation and review of all materials, Title IX Director/investigator will normally prepare a written decision. The written decision will include, but not be limited to, whether the allegations were substantiated, and if so, the disciplinary and recommended remedial measures. The decision will be provided to both parties, although the content of each letter may be modified subject to the limitations of FERPA and other federal or state privacy laws.
If the Title IX Director/investigator determines that a sexual harassment claim is proven, he/she will recommend immediate action to end the harassment and prevent its reoccurrence. The recommended action will depend on the degree of control
Marygrove has over the harasser and the nature, frequency and severity of the substantiated sexual harassment. The Title IX Director will follow up and communicate with the complainant at the conclusion of the investigation.
Sanctions and protective measures. Depending on whether the alleged harasser is a student, teacher, staff member, or third party, sanctions can include a verbal warning, written reprimand, a no-contact order, short-term or long-term suspension, expulsion, or dismissal/termination. Counseling for the complainant and the harasser may also be considered as remedial action. In addition, the following protective measures may be imposed following a final determination of rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking:
Any sanction imposed on the perpetrator of sexual assault or harassment that involves a “no contact” order, transfer to different classes or housing, or a suspension will be disclosed to the complainant. The perpetrator will not be notified of the individual remedies offered or provided to the complainant. In cases of alleged sexual violence, the result of the hearing and any sanction imposed with disclosed to both parties regardless of whether the hearing concludes an assault was committed.
If the complainant requests mediation or informal resolution, he/she will not be required to work out problems directly with the accused individual. Mediation cannot be used in cases of alleged sexual assault. In addition, the complainant has the right to terminate the informal resolution procedure at any time and pursue a formal complaint.
Under FERPA, an alleged student perpetrator may ask to inspect and review information about the allegations against him or her if the information directly relates to the alleged student perpetrator and is maintained as an education record. In such a case, Marygrove will either redact the complainant’s name and all identifying information before allowing the alleged perpetrator to inspect and review the sections of the complaint that relate to him or her, or notify the alleged perpetrator of the specific information in the complaint that is about the alleged perpetrator.
Retaliation against a student, employee, or other individual who reports or complains about sex discrimination to an appropriate Marygrove official or participates in a report, investigation or proceeding involving a claim or allegation under this policy because he or she made a complaint, testified, or participated in an investigation or proceedings is prohibited punishable up to suspension or termination.
Marygrove will distribute this policy to students, administrators, faculty and employees, as well as applicants for admission and employment. This policy will be available on the College’s website at www.marygrove.edu/titleix.
Catholic Charities of Southeast Michigan, 855.882.2736; Common Ground Mental Health Services, Resource and Crisis Helpline: 800.231.1127; HAVEN, a sexual assault counseling center providing specialized, comprehensive services in the areas of domestic violence and sexual assault: 24-HR Crisis & Support: 248.334.1274 Toll-Free Crisis Line: 877.922.1274
Contact 911 for Emergencies
Campus Safety Department: 313- 927-1411
Students have access to a counselor trained to deal with sexual assault issues in a confidential manner. The counselor can assist with contacting on-campus and off campus resources for medical, legal or emotional support.
NOTIFICATION TO THE COMPLAINANT AND RESPONDENT OF THE TITLE IX TEAM’s REPORT AND RECOMMENDATION
|Student||Provost -or appropriate designee|
|Faculty||Provost -or appropriate designee.|
|Employee||Director of HR or appropriate designee.|
|Combination||Provost (or appropriate designee) from the complaint reporting line and the respondent’s reporting line|