Title IX Policy Prohibiting Sex Discrimination

INTRODUCTION

Statement Of Nondiscrimination

The College for Creative Studies (“College”) does not discriminate and prohibits discrimination against any individual based on any category protected under applicable federal, state, or local laws.

Accordingly, the College does not discriminate, and strictly prohibits unlawful discrimination on the basis of race (including traits historically associated with race, such as hair texture and protected hairstyles), color, religion, creed, national origin, ancestry, sex (including pregnancy, childbirth, or related medical conditions), gender, gender identity or expression, age, sexual orientation, physical or mental disability, citizenship, genetic information or predisposing genetic characteristics, marital status, familial status, domestic violence victim status, caregiver status, military status, including past, current, or prospective service in the uniformed services, height, weight, or any other category or characteristic protected by applicable law. When brought to the attention of the College, sex discrimination will be appropriately addressed by the College according to the procedures below, and discrimination on the basis of any other protected category will be addressed in accordance with the Anti-Harassment and Discrimination Policy and any collective bargaining agreements.

Title IX of the Education Amendments of 1972

The College does not discriminate in its admissions practices except as permitted by law, in its employment practices, or in its educational programs or activities on the basis of sex. As a recipient of federal financial assistance for education activities, the College is required by Title IX of the Education Amendments of 1972 to ensure that all of its education programs and activities do not discriminate on the basis of sex. Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, gender identity, gender expression, sexual orientation, and pregnancy or related conditions.

College has obligations under Title IX to provide certain support and modifications to people experiencing pregnancy or related conditions in order to ensure their equal access to College’s program or activity. For example, the College must treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions and must allow voluntary leaves of absence. Students, employees, or applicants should contact the Title IX and Equity Services Coordinator for more information. Employees or applicants may also contact the Office for Human Resources for more information, because additional workplace laws and policies apply.

Pregnancy or related conditions include pregnancy, childbirth, termination of pregnancy, lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; and recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

The College also prohibits retaliation against any person opposing sex discrimination or participating in any sex discrimination investigation or complaint process, whether internal or external to the institution. Sex-based harassment, sexual assault, dating and domestic violence, and stalking are forms of sex discrimination, which are prohibited under Title IX and by College policy.

Application of Section 504/Americans with Disabilities Act to this Policy

In both practice and policy, College adheres to the requirements of the Americans with Disabilities Act of 1990, as amended 2008 (ADAAA); Sections 504 and 508 of the Rehabilitation Act of 1973, as amended; and all other federal and state laws and regulations prohibiting discrimination on the basis of disability. The College is committed to providing individuals with disabilities equal access and opportunity, and strives in its policies and practices to provide for the full participation of individuals with disabilities in all aspects of College life.

Parties may request reasonable accommodations for disclosed disabilities to the Title IX and Equity Services Coordinator at any point relating to the implementation of this policy, including making a disclosure or report, and initiating a resolution procedure. Accommodations will be granted if they are appropriate and do not fundamentally alter the process. The Title IX and Equity Services Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the parties, even where the parties may be receiving accommodations in other College programs and activities. With the consent of the impacted student or employee, the Title IX and Equity Services Coordinator will work collaboratively with the [appropriate offices/roles for students and/or employee accommodations] to ensure that approved reasonable accommodations (disability-related) are honored as applicable throughout any process related to this policy.

Purpose of this policy

This policy identifies and defines conduct prohibited under this policy and the process that will be used to respond to allegations of Prohibited Conduct.

The College will act on all notices of allegations of sex discrimination or retaliation. It will take necessary measures to end conduct that is in violation of this policy, prevent its recurrence, and remedy its effect on individuals and the community. Within any process related to this policy, the College provides reasonable accommodations to persons with disabilities and reasonable religious accommodations, when that accommodation is consistent with state and federal law.

Situations involving other conduct that may be in violation of other College student or employee conduct policies should be reported to the Assistant Dean of Students for matters involving students, or Human Resources for matters involving faculty or staff. Situations involving other conduct relating to nonaffiliates should be reported to Human Resources.

TO WHOM THIS POLICY APPLIES

This policy applies to the entire College community, including, but not limited to, students, student organizations, faculty, administrators, and staff, whether on or off campus, and third parties such as guests, visitors, volunteers, invitees, and alumni when they are on campus or participating in College-sponsored activities. This policy may also pertain to instances in which the conduct occurred outside of the campus or College-sponsored activity if the College determines that the off-campus conduct affects a substantial College interest, including access to the educational program or activity, safety and security, compliance with applicable law, and meeting its educational mission. Any member of the campus community, guest, or visitor who acts to deny, deprive, or limit the educational or employment opportunities and/or benefits of any member of the College community on the basis of sex is in violation of this policy.

Members of the College community are expected to provide truthful information in any report, meeting, or proceeding under this policy.

Any respondent who is not a College student, faculty member, or staff member is generally considered a third party. The College’s ability to take appropriate corrective action against a third party may be limited and will depend on the nature of the third party’s relationship, if any, to the College. When appropriate, the Title IX and Equity Services Coordinator will refer such allegations against third-party respondents to the appropriate office.

The status of a party may impact which resources and remedies are available to them, as described in this policy.

PROHIBITED BY THIS POLICY

This policy prohibits sex discrimination, including sex-based harassment, and retaliation as defined below. These acts shall also be referred to as Prohibited Conduct under this policy:

Discrimination on the Basis of Sex:

Discrimination is defined as treating members of a protected category less favorably because of their actual or perceived membership in that category or as having a policy or practice that adversely impacts the members of one protected category more than others. Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Sex-Based Harassment:

A a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Sex-Based Harassment includes the following:

Quid pro quo harassment: An employee, agent, or other person authorized by the College to provide an aid, benefit, or service under the College’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
Hostile environment harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
- The degree to which the conduct affected the complainant’s ability to access the College’s education program or activity;
- The type, frequency, and duration of the conduct;
- The parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about a party that may be relevant to evaluating the effects of the conduct;
- The location of the conduct and the context in which the conduct occurred; and
- Other sex-based harassment in the College’s education program or activity.

Sexual Assault:

An offense classified as a forcible or non forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Specifically, this includes:

Rape—The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Fondling—The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.

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.

Dating Violence:

Violence committed by a person:

Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
Where the existence of such a relationship shall be determined based on a consideration of the following factors:

The length of the relationship;
The type of relationship; and
The frequency of interaction between the persons involved in the relationship.

Emotional and psychological abuse do not constitute violence for the purposes of this definition.

Domestic Violence:

Felony or misdemeanor crimes of violence committed by a person who:

Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the College, or a person similarly situated to a spouse of the victim;
Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
Shares a child in common with the victim; or
Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.

Emotional and psychological abuse do not constitute violence for the purposes of this definition.

Stalking:

Engaging in a course of conduct, on the basis of sex, 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.

Sexual coercion:

The application of unreasonable pressure, including emotionally or physically manipulative actions or statements, or direct or implied threats, in order to compel the person to engage in sexual activity.

Sexual exploitation:

The abuse or exploitation of another person’s sexuality without consent, for the perpetrators own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited. Sexual Exploitation includes, without limitation, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over that person; causing the prostitution of another person; electronically recording, photographing, or transmitting intimate or sexual utterances, sounds or images of another person; allowing third parties to observe sexual acts; engaging in voyeurism; distributing intimate or sexual information about another person; and/or knowingly transmitting a sexually transmitted infection, including HIV, to another person.

Retaliation:

Retaliation is any materially adverse action taken against an individual because they were involved in the disclosure, reporting, investigation, or resolution of a report of Prohibited Conduct. Retaliation includes threats, intimidation, harassment, coercion, discrimination, violence, or any other conduct against any person by the College, a student, or an employee or other person authorized by the College to provide aid, benefit, or service under the College’s education program or activity, for the purpose of interfering with any right or privilege secured by this policy or by law, including Title IX or its regulations. Adverse action does not include perceived or petty slights, or trivial annoyances.

The prohibition against retaliation applies to any individuals who participate (or refuse to participate) in any manner in an investigation, or hearing, and to any student who refuses to participate in an investigation, proceeding, or hearing.

Retaliation may occur even where there is a finding of “not responsible” under this policy. Good faith actions lawfully pursued in response to a report of Prohibited Conduct are not Retaliation.

ACADEMIC FREEDOM

The College is dedicated to an uncompromising standard of academic excellence and an unwavering commitment to academic freedom, freedom of inquiry, and freedom of expression in the search for truth. This policy and procedures are not intended to inhibit or restrict free expression or exchange of ideas, abridge academic freedom, or prohibit educational content or discussions inside or outside of the classroom that includes germane but controversial or sensitive subject matters protected by academic freedom.

Members of the College community are free to express their views on any academic subject — regardless of whether those viewpoints are provocative or controversial. Before proceeding with or continuing an investigation of any report of harassment or retaliation that involves an individual’s speech or other communication, the College will take care to distinguish between protected speech and hostile environment harassment. The Title IX and Equity Services Coordinator will take action as needed to restore or preserve a person’s access to the College’s education program or activity.

TITLE IX AND EQUITY SERVICES COORDINATOR

The College is committed to promoting a diverse, equitable, and inclusive working and learning environment free from sex discrimination. The Title IX and Equity Services Coordinator is charged with monitoring compliance with Title IX; providing education and training; and coordinating the College’s investigation, response, and resolution of all reports of Prohibited Conduct under this policy. The Title IX and Equity Services Coordinator acts with independence and authority and oversees all resolutions under this policy free from bias and conflicts of interest. The Title IX and Equity Services Coordinator is available to meet with any Student, Employee, or other individual to discuss this policy or the accompanying procedures and can be contacted at: titleix@ccsdetroit.edu.

Delegation of Duties Under This policy

Obligations in this policy assigned to a particular title, such as the Title IX Coordinator, may be designated as appropriate by the College, including to external professionals.

Conflicts of Interest or Bias

Any individual carrying out any part of this policy shall be free from any actual conflict of interest or demonstrated bias that would impact the handling of a matter. Should the Title IX and Equity Services Coordinator have a conflict of interest, the Title IX and Equity Services Coordinator is to immediately notify the Dean of Students and/or Chief Human Resources Officer who will either take, or reassign, the role of the Coordinator for purposes of carrying out the handling and finalization of the matter at issue. Should any investigator, Decisionmaker, or Appeals Officer have a conflict of interest, the investigator, Decisionmaker, or Appeals Officer is to notify the Title IX and Equity Services Coordinator upon discovery of the conflict so that the Title IX and Equity Services Coordinator may reassign the role as appropriate. This policy will note where parties have the opportunity to challenge the participation of any individual implementing this policy based on actual conflict of interest or demonstrated bias.

Crime and Incident Disclosure Obligations

The Clery Act is a federal crime and incident disclosure law. It requires, among other things, that the College report the number of incidents of certain crimes, including some of the Prohibited Conduct in this policy, that occur in particular campus-related locations. The Clery Act also requires the College to issue a warning to the community in certain circumstances.

In the statistical disclosures and warnings to the community, the College will ensure that a complainant’s name and other identifying information is not disclosed. The Coordinator will refer information to the Clery Officer when appropriate for a determination about Clery-related actions, such as disclosing crime statistics or sending campus notifications.

CONSENSUAL RELATIONSHIP AND CONFLICTS OF INTEREST

The Faculty Handbook prohibits intimate relationships between a faculty member and a student, whether or not the student is in the faculty member’s class or department and whether or not the relationship is consensual; intimate relationships are also prohibited between teaching assistants and resident advisors and the students over which they have authority. Similarly, Section 3.2 of the Staff Handbook prohibits intimate relationships between a College official and a staff person under their control, as well as intimate relationships between administrative staff and students.

Consensual relationships between a non-supervisory official and a staff person, while not prohibited, must be disclosed to the Human Resources Director so that the Director can take any steps necessary to protect the parties involved and avoid even the appearance of favoritism.

In all circumstances in which intimate relationships are prohibited, there is an exception for preexisting relationships. For example, the prohibition would not apply where a faculty member’s spouse or partner enrolls as a student under the College’s tuition assistance program.

REPORTING SEX DISCRIMINATION, INCLUDING SEX-BASED HARASSMENT

Employee Reporting Obligations

The College believes it is important to be proactive in taking reasonable steps to identify and prevent incidents of sex discrimination. All employees, with limited exceptions as identified by the College, are required to promptly provide to the Title IX and Equity Services Coordinator all complaints or reports of sex discrimination, including sex-based harassment, to the Title IX and Equity Services Coordinator and share all information reported or made available to the employee. If an employee in a supervisory capacity has direct knowledge of an incident of harassment or discrimination on the part of, or directed toward, any employee of the Title IX and Equity Services Coordinator community, that supervisor is required to bring the matter to the attention of the Title IX Coordinator.

Researchers conducting an IRB-approved human subjects research study designed to gather information about sex discrimination are not required to report to the Title IX and Equity Services Coordinator disclosures made in the course of that study to the Title IX Coordinator.

The College also encourages employees who themselves experience sex discrimination to bring their concerns to the Title IX Coordinator, though they are not required to do so.

When providing this information to the Title IX Coordinator, the employee must include their own name and contact information, and all known details about an incident, which may include, if known, the dates, times, locations, names of involved individuals and the nature of the incident.

Aside from this reporting obligation, employees will, to the fullest extent possible, maintain the privacy of an individual’s information, consistent with FERPA.

In addition, certain employees of the College are considered by law to be mandatory reporters of child abuse, elder abuse or abuse of persons with disabilities. The College’s employees are required by law to report incidents of abuse to the appropriate Michigan Social Services Departments by calling 855-444-391. A fuller description of the mandatory child abuse reporting obligation and those covered by that obligation can be found at: https://www.michigan.gov/mdhhs/adult-child-serv/abuse-neglect/childrens/report-process.

Public Awareness Events

Employees are required to report to the Title IX and Equity Services Coordinator information about sex discrimination they learn about at public awareness events such as awareness events such as “speak-outs”. The Title IX Coordinator is not obligated to respond directly to any identified complainant in a report of sex-based harassment disclosed at a public awareness event that takes place on-campus or in a school-sponsored online platform unless there is an imminent and serious threat to someone’s health or safety. In circumstances where a person discloses at an event, the Title IX and Equity Services Coordinator will not reach out to the speaker unless they request follow-up.

The Title IX and Equity Services Coordinator must respond to reports of conduct that could constitute sex discrimination other than sex-based harassment if disclosed at public awareness events, wherever they occur. In all cases the College must use the information to inform its efforts to prevent sex-based harassment, including by providing tailored training to address alleged sex-based harassment in a particular part of its education program or activity or at a specific location when information indicates there may be multiple incidents of sex-based harassment.

How to Make a Report to the College

All complaints of violations of this policy will be taken seriously and in good faith. The Title IX and Equity Services Coordinator will provide information and guidance regarding how to file a complaint with the College and/or local law enforcement, as well as information and assistance about what course of action may best support the individual(s) involved and how best to address the complaint.

Every reasonable effort will be made to maintain the privacy of those making a report to the extent possible. In all cases, the College will give consideration to the party bringing forward a report with respect to how the matter is pursued. The College may, when necessary to protect the community, initiate an investigation or take other responsive actions to a report, even when the person identifying a concern chooses not to participate in a resolution process and/or requests that the College not initiate an investigation.

Employees, students, guests, or visitors who believe that this policy has been violated should promptly contact the Coordinator or another member of the College’s staff for assistance:

Jess Ettell Irvine, titleix@ccsdetroit.edu
Title IX and Equity Services Coordinator
313.664.7676

Additional Resources:

Dan Long, dlong@ccsdetroit.edu
Dean of Students
313.664.7675

Raquel Diroff, rdiroff@ccsdetroit.edu
Chief Human Resources Officer
Office of Human Resources
313-664-7651

There is no timeline for making a report of sex discrimination, however, the College encourages the prompt reporting of a complaint as the ability of the College to pursue the complaint to conclusion may be hindered by the passage of time.

Amnesty

When conducting the investigation, the College’s primary focus will be on addressing sexual misconduct and not on other College Policy violations that may be discovered or disclosed. Fear of conduct or disciplinary violations should not be a deterrent for anyone to report an incident of sexual misconduct. Persons reporting sexual misconduct will be granted amnesty from the College disciplinary processes if the College alcohol or other non-violent Policy violations are discovered during a sexual misconduct investigation. This same amnesty will be granted to witnesses asked to participate in the complaint resolution process.

Privacy and Confidentiality

The College values the privacy of its students, employees, and other community members. Community members should be able to seek the assistance they need and access this policy without fear that the information they provide will be shared more broadly.

References made to privacy means College offices and employees who cannot guarantee confidentiality, but will maintain privacy to the greatest extent possible, relaying information das necessary to investigate or seek a resolution and to notify the Title IX and Equity Services Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. The College will limit the disclosure as much as practicable.

All activities under these procedures shall be conducted with the privacy interests of those involved. While the College will take all reasonable steps to protect the privacy of individuals involved in a complaint, it may be necessary to disclose some information to individuals or offices on campus in order to address a complaint or provide for the physical safety of an individual or the campus. Thus, the College cannot, and does not, guarantee that all information related to complaints will be kept confidential.

In order to maintain the privacy of evidence gathered as part of any resolution process, access to materials under the procedures in this policy will be provided only by a secure method and parties and advisors are not permitted to make copies of any documents shared or make use of the documents outside of the processes described in this policy. Parties may request to review a hard copy of materials, and the College will make that available in a supervised or monitored setting. Inappropriately sharing materials provided during this process may constitute retaliation under this policy.

Individuals may speak confidentially with a Confidential Resource. Confidential Resources (e.g., licensed mental health care providers, physicians, clergy) may not report to Title IX Coordinator any identifying information about conduct that may violate the College’s policies against sex discrimination without the written consent of the individual who supplied the information, unless required by law. Such disclosures will not be reported to the Title IX and Equity Services Coordinator or initiate any process under this policy.

The College employs two types of employees who are not required to report information about sex discrimination to the Title IX Coordinator:

Privileged and confidential employees whose communications are privileged or confidential under Federal or State law. The employee must be hired for and functioning within the scope of their duties to which the privilege or confidentiality applies. For example, physicians, clergy, and mental health counselors are all confidential employees. Disclosures made to these employees means that information cannot be disclosed to anyone internal or external to the university without the expressed permission from the individual disclosing the information.

State law requires professional counselors to report: (i) when a patient is likely to engage in conduct that would result in serious harm to the patient or others; (ii) if there is reasonable cause to suspect that a minor has been sexually abused. Anyone, including a child, who suspects child abuse or neglect, can make a report by calling 855-444-3911. In addition, the Child Protection Law requires certain professionals to report suspected child abuse or neglect. Individuals should call 911 if there is an imminent threat.

Employees designated by the institution as exempt from reporting known sex discrimination to the Title IX Coordinator, and designated as such for the purpose of providing services to the campus community related to sex discrimination. Such employees must be acting in the scope of that role when they learn of the information about sex discrimination for this exemption to apply. For example, the ombudsperson and sexual violence response counselors may be designated as exempt from internal reporting. Disclosures made to these employees means that information will not be shared with the Title IX and Equity Services Coordinator or anyone within the College, but may be released under legal action or court order without the permission of the individual disclosing the information.

Reporting to the Police

Wayne State Police
313.577.2222
24 Hours

Some Prohibited Conduct may constitute a violation of both the law and College policy. The College encourages students to report alleged crimes promptly to local law enforcement agencies. All persons have the right to file with law enforcement, as well as the right to decline to file with law enforcement. The decision not to file shall not be considered as evidence that there was not a violation of College policy.

Criminal investigations may be useful in the gathering of relevant evidence, particularly forensic evidence. The standards for finding a violation of criminal law are different from the standards for finding a violation of this policy. Conduct may constitute Prohibited Conduct under this policy even if law enforcement agencies lack sufficient evidence of a crime and decline to prosecute.

Proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. However, when a complaint is made to the College as well as to law enforcement, the College may delay its process if a law enforcement agency requests that the College delay its process for a reasonable amount of time to allow law enforcement to gather evidence of criminal misconduct. Criminal or legal proceedings are separate from the processes in this policy and do not determine whether this policy has been violated.

All investigations and hearings under this policy will be thorough, reliable and impartial, and will seek to collect evidence and names of witnesses to gather information that is directly or substantially relevant to whether the alleged policy violation occurred, and will not be based on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.

In the case of an emergency, where the physical well-being of a member of the College community or the safety of the College as an institution is threatened, any individual with such knowledge should promptly inform the Office of Campus Safety. The College may take any immediate steps as may be necessary and appropriate under the circumstances to ensure the well-being of the College community and the College as an institution.

ROLE OF ADVISORS

All parties are entitled to an Advisor of their choosing to guide and accompany them throughout the resolution process. The Advisor may be a College employee, friend, mentor, family member, or any other person a party chooses to advise them. A list of College advisors can be provided to parties upon request.

The parties are entitled to be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present. In some circumstances, the College may meet with a party before they may have established an advisor, but will not require the party to answer questions and/or give a statement unless the party chooses to do so.

All Advisors are subject to the same campus policies and procedures. An advisor is not permitted to engage in the grievance process on a party’s behalf or participate directly in any related meeting or proceeding. Advisors may quietly consult with their advisee during a related meeting that does not disrupt or interfere with it. Advisors should request or wait for a break in the proceeding if they want to have a longer or more involved discussion with their advisee or wish to interact with campus administrators.

All parties are expected to be the main source of communication with campus administrators. Advisors may not initiate communication with campus administrators on behalf of their advisee in person or via technology (i.e.: phone and/or email). Campus administrators will not be expected to communicate with the advisor whenever a communication is made to the party and expect each party to take responsibility to share communications with their advisor as appropriate.

Advisors should help their advisee prepare for each meeting, and are expected to advise ethically, with integrity, and in good faith. The College cannot guarantee equal advisory rights, meaning that if one party selects an advisor who is an attorney, but the other party does not, or cannot afford an attorney, the College is not obligated to provide one.

Advisors are expected to refrain from interference with the College investigation and resolution. Any Advisor who steps out of their role in any meeting under the campus resolution process will be warned once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor’s role, the Advisor will be asked to leave the meeting. When an Advisor is removed from a meeting, that meeting will typically end unless the party agrees to participate without their Advisor present. Subsequently, the Title IX and Equity Services Coordinator will determine whether the Advisor may be reinstated or will need to be replaced by a different Advisor.

Advisors are expected to maintain the privacy of the records shared with them by the College. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the College. The College may seek to restrict the role of any advisor who does not respect the sensitive nature of the process or who fails to abide by the College’s privacy expectations.

The College expects an Advisor to adjust their schedule to allow them to attend College meetings when scheduled. The College does not typically change scheduled meetings to accommodate an Advisor’s inability to attend. The College will, however, make provisions to allow an Advisor who cannot attend in person to attend a meeting by telephone, video and/or virtual meeting technologies as may be convenient and available.

A party may elect to change Advisors during the process and is not locked into using the same Advisor throughout. The parties must advise the College of the identity of their Advisor at least two (2) business days before the date of their first meeting.

SUPPORTIVE MEASURES

Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

Restore or preserve that party’s access to the College’s education program or activity, including measures that are designed to protect the safety of the parties or the College’s educational environment; or
Provide support during the College’s resolution procedures or during an alternative resolution process.

Supportive measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; no-contact directives (which may be mutual or unilateral at the discretion of the Title IX Coordinator); and training and education programs related to sex-based harassment. Supportive measures are non-disciplinary and non-punitive. Supportive Measures will also be offered to respondents when they are notified of the allegations.

Any Supportive Measures put in place will be kept confidential, except when doing so impairs the ability of the institution to provide the Supportive Measures.

The College will offer and coordinate supportive measures as appropriate for the parties as applicable to restore or preserve their access to the College’s program or activity or provide support during the College’s alternative resolution process or resolution procedures. Prohibited Conduct under this policy have the right to request supportive measures from the College regardless of whether they desire to make a complaint or seek alternative resolution.

A party may challenge the College’s decision to provide, deny, modify, or terminate supportive measures when such measures are applicable to them. An impartial employee will be designated to consider modification or reversal of the College’s decision to provide, deny, modify, or terminate supportive measures. When the individual providing Supportive Measures is a Deputy Title IX Coordinator or other individual identified by the Title IX and Equity Services Coordinator to provide Supportive Measures, the Title IX and Equity Services Coordinator will be designated to consider the challenge regarding supportive measures. The impartial employee will typically respond to the challenge within five (5) days.

The Title IX and Equity Services Coordinator has the discretion to implement or modify supportive measures. Violation of the parameters of supportive measures may violate existing codes or handbooks.

RESPONDING TO A REPORT

The following process will be used following the receipt of a report of sex discrimination.

Initial Contact

Following receipt of a report alleging a potential violation of this policy, the Title IX and Equity Services Coordinator will contact the complainant to meet with the Title IX and Equity Services Coordinator for an initial intake and assessment meeting, and will provide the following:

An invitation to meet to offer assistance and explain their rights, resources, and options under this policy;
Access to this policy;
Information regarding available campus and community resources for counseling, health care, mental health, or victim advocacy. Upon request, information regarding legal assistance, visa and immigration assistance, student financial aid and other available services may be provided;
The availability of Supportive Measures regardless of whether a complaint is filed and/or any resolution is initiated;
The options for resolution (no action, prevention, agreement, investigation) and how to initiate such resolution processes;
The right to notify law enforcement as well as the right not to notify law enforcement;
The importance of preserving evidence and, in the case of potential criminal misconduct, how to get assistance from Campus Safety or local law enforcement in preserving evidence;
The right to an advisor of choice, if applicable, during College proceedings under this policy including the initial meeting with the Title IX Coordinator
A statement that retaliation for filing a complaint, or participating in the complaint process, is prohibited.
Information on how to initiate the Investigation or Resolution-Based Agreement process.

Initial Intake & Assessment

The Initial Assessment process seeks to gather information about the nature and circumstances of the report to determine whether this policy applies to the report and, if so, which resolution process may be appropriate, as well as which section of the resolution procedures apply based on the conduct and the status of the parties. The Title IX and Equity Services Coordinator may also determine that the provision of supportive measures only is the appropriate response under the policy. The initial assessment is not a finding of fact or responsibility. If the individual bringing forward the complaint is not the actual complainant, the Title IX and Equity Services Coordinator will limit communication to general information on policies and processes.

Should the complainant wish to initiate a resolution process, the Title IX and Equity Services Coordinator will determine whether this policy applies and, if so, the appropriate process under this policy. The Title IX and Equity Services Coordinator will communicate to the complainant this determination.

If the information provided does not suggest a potential violation of this policy, the Title IX and Equity Services Coordinator will provide the complainant written notice that the matter is being referred for handling under a different policy, and/or to another appropriate office for handling.

Requests for Confidentiality or No Further Action

When a complainant requests that the College not use their name as part of any resolution process, or that the College not take any further action, the College will generally try to honor those requests. However, there are certain instances in which the College has a broader obligation to the community and may need to act against the wishes of the complainant. In such circumstances, the Title IX and Equity Services Coordinator will notify the complainant in writing of the need to take action. The factors the Title IX and Equity Services Coordinator will consider when determining whether to act against the wishes of a complainant include:

The complainant’s request not to proceed with initiation of a complaint;
The complainant’s reasonable safety concerns regarding initiation of a complaint;
The risk that additional acts of Prohibited Conduct would occur if a complaint is not initiated;
The severity of the alleged Prohibited Conduct, including whether the discrimination, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
The age and relationship of the parties, including whether the respondent is an employee of the College;
The scope of the alleged discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals;
The availability of evidence to assist a Decisionmaker in determining whether sex discrimination occurred; and
Whether the College could end the alleged sex discrimination and prevent its recurrence without initiating its resolution procedures under this policy.
Whether the conduct as alleged presents an imminent and serious threat to the health or safety of the complainant or other persons, or that the conduct as alleged prevents the College from ensuring equal access on the basis of sex to its education program or activity.

Interim Actions

Emergency Removal

For sex discrimination and sex-based harassment, the College retains the authority to remove a respondent from the College’s program or activity on an emergency basis, where the College (1) undertakes an individualized safety and risk analysis, (2) determines that an immediate and serious threat to the health or safety of a complainant or any student, employee, or other individual arising from the allegations of sex discrimination justifies a removal, and (3) the College provides the respondent with notice of and an opportunity to challenge the decision immediately following the removal.

The respondent may challenge the decision immediately following the removal, by notifying the Title IX and Equity Services Coordinator in writing. The College will designate an impartial individual, not otherwise involved in the case, to consider the challenge to the removal and determine if the emergency removal was reasonable.

For all other Prohibited Conduct, the College may defer to its interim suspension policies for students and administrative leave for employees.

Administrative Leave

The College retains the authority to place an employee respondent on administrative leave during a pending complaint process under this policy, with or without pay as appropriate. Administrative leave may be a supportive measure, emergency removal, or consistent with applicable state laws and collective bargaining agreements. Administrative leave implemented as a supportive measure or as emergency removal is subject to the procedural provisions above, including the right to challenge the decision to implement that measure.

Dismissal of a Complaint

Before dismissing a complaint, the College will make reasonable efforts to clarify the allegations with the complainant.

The College may dismiss a complaint 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 complainant voluntarily withdraws their complaint in writing and the Title IX and Equity Services Coordinator declines to initiate a complaint.
The complainant voluntarily withdraws some but not all allegations in a complaint in writing, and the College determines that the conduct that remains alleged in the complaint would not constitute Prohibited Conduct under this policy; or
The College determines the conduct alleged in the complaint, even if proven, would not constitute Prohibited Conduct under this policy.

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. If a dismissal of one or more allegations changes the appropriate decision-making process under these procedures, the Title IX and Equity Services Coordinator will include that information in the notification.

The College will notify the complainant that a dismissal may be appealed on the basis outlined in the Appeals section. 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 of these procedures.

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 and Equity Services Coordinator to ensure that sex discrimination does not continue or recur within the College education program or activity.

A complainant who decides to withdraw a complaint or any portion of it may later request to reinstate it or refile it.

Referrals for Other Misconduct

The College has the discretion to refer complaints of misconduct not covered by this policy for handling under any other applicable College policy or code. As part of any such referral for further handling, the College may use evidence already gathered through any process covered by this policy.

Should there be a conflict between the provision of this policy and other College policies, procedures, rules, regulations, or terms or conditions of employment, the provisions of this policy will govern unless specifically stated otherwise.

This policy and these procedures are separate from the College’s student disciplinary processes, by which College may bring a discipline charge against a student for violating College policy according to the provisions found in the College Code Student of Conduct.

Consolidation of Cases

The College may consolidate complaints under this policy as appropriate: for example, if there are multiple complaints where the allegations of Prohibited Conduct arise out of the same facts or circumstances, or there are multiple complaints with overlapping parties.

The College also reserves the right to use this policy to adjudicate other allegations and conduct charges as defined by policies outside of the scope of this policy in instances when the conduct is associated with an alleged issue of Prohibited Conduct under this policy. The Title IX and Equity Services Coordinator will address these consolidated complaints in collaboration and coordination with other appropriate offices, such as Student Services and Human Resources. Allegations of a violation of a separate policy are not required to be handled using the procedural requirements set forth in this policy.

Student Withdrawal or Employee Resignation while Matters are Pending

If a student or employee respondent permanently withdraws or resigns from the College with unresolved allegations pending, the College will consider whether and how to proceed with the resolution process. The College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s) and any ongoing effects of the alleged Prohibited Conduct

A student respondent who withdraws or leaves while the process is pending may not return to the College without first resolving any pending matters. Such exclusion applies to all College campuses and programs. Admissions will be notified that the student cannot be readmitted. They may also be barred from College property or events. If a student respondent withdraws or takes a leave for a specified period of time (e.g., one semester or term), the resolution process may continue remotely and that student is not permitted to return to the College unless and until the matter is fully resolved.

An employee respondent who resigns with unresolved allegations pending is not eligible for rehire with the College and the records retained by the Title IX and Equity Services Coordinator will reflect that status. All the College responses to future inquiries regarding employment references for that individual will include that the former employee resigned during a pending disciplinary matter.

An administrative registration hold will be placed on a student’s record to prevent course registration prior to resolving the pending matters.

OPTIONS FOR RESOLUTION

There are multiple ways to resolve a complaint or report of sex discrimination. Whenever possible, the College will utilize the resolution method chosen by the complainant. During the resolution of a complaint, the Title IX and Equity Services Coordinator will determine whether to implement reasonable supportive measures designed to assist all parties (complainants and respondents) and community members in maintaining access to and participation in College programs, services and activities during the resolution of the complaint.

This section includes information on Support-Based Resolution, Agreement-Based, and Investigation or investigation and Hearing procedures.

Support- Based Resolution

A support-based resolution is an option for a complainant who does not wish the College to take any further steps to address their concern, and when the Title IX and Equity Services Coordinator determines that another form of resolution, or further action, is not required. Some types of support that may be appropriate include: adjustments or changes to class schedules; moving from one residence hall room to another; adjusted deadlines for projects or assignments; adjustments to work schedule or arrangements; escorts to and around campus; or counseling.

A support-based resolution does not preclude later use of another form of resolution, for example if new information becomes available to the College and the Title IX and Equity Services Coordinator determines there is need for additional steps to be taken, or the complainant later decides to pursue a Resolution Agreement or investigation, or investigation and hearing.

Agreement-Based Resolution

Agreement-Based Resolution is an alternative to the investigation and decision-making procedures where the Parties each voluntarily agree to resolve the complaint in a way that does not include an investigation and does not include any finding of responsibility. Agreement-Based Resolution is a voluntary, structured interaction between or among affected parties that balances support and accountability. If the College offers Agreement-Based Resolution to the parties, and they voluntarily consent to engage in that process, the Title IX and Equity Services Coordinator must still take other prompt and effective steps as needed to ensure that sex discrimination does not continue or recur within the education program or activity.

Any party may design the proposed agreement between the parties. The Title IX and Equity Services Coordinator must approve of the use of the Agreement-Based Resolution process, and approve the final agreement between the parties. Agreement-Based Resolution may be initiated at any time prior to the release of the final determination. Because Agreement-Based Resolution does not involve an investigation, there is not any determination made as to whether a respondent violated this policy.

The Title IX and Equity Services Coordinator has the discretion to determine that Agreement-Based Resolution is not an appropriate way to address the reported conduct, and that the matter must instead be resolved through the Investigation or Investigation and Hearing process.

Initiating the Agreement-Based Resolution Process

Prior to the initiation of Agreement-Based Resolution, the Title IX and Equity Services Coordinator will provide the Parties written notice that includes:

The specific allegation and the specific conduct that is alleged to have occurred;
The requirements of the Agreement-Based Resolution process;

Any consequences resulting from participating in the Agreement-Based Resolution process, including the records that will be maintained or could be shared, and whether the College could disclose such information for use in a future College resolution process, including an investigation and resolution process arising from the same or different allegations, as may be appropriate.
Notice that an agreement resulting from the Agreement-Based Resolution process is binding only on the parties and is not subject to appeal.
Notice that once the Agreement is finalized and signed by the Parties, they cannot initiate or continue an investigation procedure arising from the same allegations.

A statement indicating that the decision to participate in the Agreement-Based Resolution process does not presume that the conduct at issue has occurred.
A statement that the respondent is presumed not responsible for violating this policy, unless respondent admits to violations of this policy;
An explanation that all parties may be accompanied by an advisor of their choice, who may be a parent, colleague, friend, or attorney;
A statement that any party has the right to withdraw from the Agreement-Based Resolution process and initiate or resume resolution procedures at any time before agreeing to a resolution;
The date and time of the initial meeting with staff or the Title IX Coordinator, with a minimum of 3 days’ notice;
Information regarding Supportive Measures, which are available equally to the parties; and
The potential terms that may be requested or offered in an Agreement-Based Resolution agreement.

Facilitating an Agreement

If all Parties are willing to explore Agreement-Based Resolution, the Title IX and Equity Services Coordinator will then meet separately with each party to discuss the Agreement-Based Resolution process and facilitate an agreement. If an agreement cannot be reached, either because the Parties do not agree, determine they no longer wish to participate in the Agreement-Based Resolution process, or the Title IX and Equity Services Coordinator does not believe that the terms of the agreement or continuing the Agreement-Based Resolution process is appropriate, the Title IX and Equity Services Coordinator may decide that the reported conduct will instead be addressed through the investigation or investigation and hearing process. The Title IX and Equity Services Coordinator will inform the parties of such a decision, in writing.

Agreement-Based Resolution processes are managed by facilitators who do not have a conflict of interest or bias in favor of or against complainants or respondents generally or regarding the specific parties in the matter. The Title IX and Equity Services Coordinator may serve as the facilitator, subject to these restrictions. The investigator or Decisionmaker for the matter may not facilitate an Agreement-Based Resolution in that same matter.

Any party may craft or create the terms of their agreement and will be asked for their suggestions or ideas. Examples of agreements may include but are not limited to:

an agreement that the respondent will change classes or housing assignments;
an agreement that the Parties will not communicate or otherwise engage with one another;
an agreement that the Parties will not contact one another;
completion of a training or educational project by the respondent;
completion of a community service project by the respondent;
an agreement to engage in a restorative justice process or facilitated dialogue; and/or
discipline agreed upon by all parties.

In order to facilitate Agreement-Based Resolution, information shared by any party will not be used in any related resolution process of the same complaint under this policy. No evidence concerning the allegations obtained within the Agreement-Based Resolution process may be disseminated to any outside person, provided that any party to the Agreement-Based Resolution process may generally discuss the allegations under investigation with a parent, advisor, or other source of emotional support, or with an advocacy organization. An admission of responsibility made during an Agreement-Based Resolution process, however, may not be incorporated into the investigation and adjudication proceeding.

Finalizing the Resolution Agreement

Once the final terms of the Resolution Agreement have been agreed upon by all parties, in writing, and approved by the Title IX Coordinator, the matter will be considered closed, and no further action will be taken. Once signed, no appeal is permitted. The Agreement-Based Resolution process is generally expected to be completed within thirty (30) days and may be extended by the Title IX and Equity Services Coordinator as appropriate. All parties will be notified, in writing, of any extension and the reason for the extension.

Records of an Agreement-Based Resolution process can be shared with other offices as appropriate.

Any violations of the terms of the Resolution Agreement may result in disciplinary action.

Investigation & Decision-making Resolution

Acceptance of Responsibility

If a respondent accepts responsibility for all or part of the Prohibited Conduct alleged, the Coordinator or designated sanctioning officer will issue an appropriate sanction or responsive action as to those violation(s) and continue processing any remaining allegations of Prohibited Conduct, if any.

Assignment of the Investigator and/or Decision-maker

The College will assign a trained investigator and/or Decisionmaker to conduct an adequate, reliable, and impartial investigation and hearing, if applicable, in a reasonably prompt timeframe. The College reserves the right to utilize internal or external investigators, Decisionmakers, or hearing officers.

All parties have the option to participate in the investigation and/or hearing, and each have the same rights during the resolution process including the right to an advisor, to submit relevant witness names and evidence, and to review the evidence gathered by the investigator prior to the investigator providing the final report to the Decision-maker. In cases where there is a hearing, all parties have the same rights at the hearing, including the right to review any evidence that will be considered by the Decisionmaker prior to the hearing.

The investigator will establish deadlines for submission of names of relevant witnesses and submission of evidence and communicate those deadlines to the parties in writing.

Conflict of Interest or Bias

After a Notice of Investigation is issued to all parties, any party may object to the participation of the Title IX and Equity Services Coordinator or designated investigator on the grounds of a demonstrated bias or actual conflict of interest. All parties will have three (3) days from the date of the Notice of Investigation to object to the selection of the investigator or the Title IX Coordinator. Objections to the Title IX and Equity Services Coordinator are to be made, in writing, to the Dean of Students. Objections to the appointment of the investigator are to be made in writing, to the Title IX Coordinator. All objections will be considered, and changes made as appropriate. If the objection is substantiated as to either the Title IX and Equity Services Coordinator or the Investigator, that individual shall be replaced. Any change will be communicated in writing.

Timeline

In those cases that do not include a hearing, the College strives to complete the investigation process within ninety (90) days from the date of the Notice of Investigation. In those cases that include a hearing, the College strives to complete the investigation process within sixty (60) days from the date of the Notice of Investigation, and complete the hearing within sixty (60) days of the Notice of Hearing.

The timeline for any part of the resolution process may be extended for good cause by the Title IX Coordinator. All parties shall be notified, in writing, of any extension to the timeline that is granted, the reason for the extension, and the new anticipated date of conclusion of the investigation and/or hearing. Good cause reasons for extension may include ensuring availability of witnesses and other participants and ensuring participants have sufficient time to review materials.

The College shall not unreasonably deny a student party’s request for an extension of a deadline related to a complaint during periods of examinations or school closures.

The investigator and/or Title IX Coordinator shall provide the Parties with periodic status updates, in writing.

Burden and Standard of Review

The College has the burden of conducting an investigation that gathers sufficient evidence to determine whether Prohibited Conduct occurred. This burden does not rest with any party, and any party may decide to limit their participation in part or all of the process, or to decline to participate. This does not shift the burden of proof away from the College and does not indicate responsibility. The standard of proof used in any investigation and decision-making process is the preponderance of the evidence standard, which means more likely than not.

Written Notice of Meetings

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

Evidence Gathering

Interviews

The investigator will interview all parties and relevant witnesses and gather relevant documentary evidence provided by the parties and any identified witnesses. Interviews may be conducted in person, or via video conference. When a party meets with an investigator, the investigator will ask questions related to the allegations in the complaint and a party is given the opportunity speak to the allegations and related events. Parties may identify fact witnesses and provide evidence that is relevant to the allegations and not otherwise impermissible. This will include inculpatory evidence (that tends to show it more likely that someone committed a violation) and exculpatory evidence (that tends to show it less likely that someone committed a violation). The investigator ultimately determines whom to interview to determine the facts relevant to the complaint.

Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are impermissible. This means this information will not be accessed or considered, except by the College to determine whether one of the exceptions listed below applies. This information will not be disclosed or otherwise used, regardless of relevance:

Evidence that is protected under a privilege recognized by Federal or State law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
Evidence provided to an employee designated by the College as exempt from internal reporting under this policy, unless the person who made the disclosure or otherwise provided evidence to that employee has voluntarily consented to re-disclosure;
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 resolution procedures; and
Evidence that relates to the complainant’s 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 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 parties does not by itself demonstrate or imply the complainant’s consent to other sexual activity or preclude a determination that Prohibited Conduct occurred.

Investigation & Decision-making Procedures

The following describes the investigation and decision-making procedures for matters of sex-based harassment in which a student is either a complainant or respondent, regardless of the status of the other party.

Notice of Investigation

Prior to the start of an investigation, the Parties will be provided a written Notice of Investigation communicating the initiation of an investigation. Should additional allegations be brought forward, or information regarding location or date of the incident(s), a revised written Notice of Investigation shall be provided to all parties.

The Notice shall include, at a minimum:

The College investigation procedures, including the applicable determination procedure that will be used in this investigation and resolution, and a link to the relevant policies;
Information about the agreement-based, with a link to the full procedures.
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), a description of the facts alleged to constitute Prohibited Conduct, the type of Prohibited Conduct, and the date(s) and location(s) of the alleged incident(s);
A statement that retaliation is prohibited;
Whether the investigator, or another individual, shall serve as the Decisionmaker.
Expected length of the major stages of the resolution process, as well as any applicable deadlines.
The Notice will inform the parties that the investigator will establish and communicate, in writing, all investigation deadlines, including the final deadlines for submitting names of witnesses, evidence, and relevant questions to ask a party or witness. These deadlines may be extended by the Title IX and Equity Services Coordinator for good cause, and any changes will be provided, in writing, to the parties, along with the rationale for the revised deadline(s).
The process for raising a challenge to the appointed resolution officer or Title IX Coordinator, and the deadline for doing so.
A statement that the respondent is presumed not responsible for Prohibited Conduct until a determination is made at the conclusion of the resolution process. 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;
A statement that the parties may have an advisor of their choice who may be a friend, parent, therapist, colleague, or attorney;
The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigation report that accurately summarizes this evidence.
A statement that the College’s Code of Conduct prohibits knowingly making false statements or knowingly submitting false information during resolution procedures during the resolution procedures.
The date and time of the initial interview with the Investigator, with a minimum of five (5) days’ notice.

Individual Interviews

The investigator will hold individual interviews with parties and witnesses to ask relevant and not otherwise impermissible questions and follow-up questions, including questions exploring credibility, and to request of the parties the names of relevant witnesses and relevant evidence. Only the investigator and the party or witness may attend each individual interview. A party’s advisor may attend these meetings, subject to the rules described in this policy. Additional attendees may be permitted at the discretion of the Title IX and Equity Services Coordinator in connection with an approved disability-related accommodation. All persons present at any time during any part of the investigation or resolution process are expected to maintain the privacy of the proceedings and not discuss or otherwise share any information learned as part of the resolution process, and may be subject to further College discipline for failure to do so.

The investigator will then gather from parties, witnesses, and other sources, all relevant evidence.

The College will share expectations of decorum to be observed at all times in any meeting or proceeding under this policy. These expectations are applied equally to all parties and advisors. The College has the discretion to remove, with or without prior warning, from any meeting or proceeding an involved party, witness, or advisor who does not comply with these expectations and any other applicable College rules.

The individual interviews may be conducted with all participants physically present in the same geographic location, or, at the College’s discretion, with all participants joining virtually through a video conferencing option. The investigator will determine, in their sole discretion, whether parties and witnesses are likely to provide relevant information about the allegations, and has the sole discretion to determine which parties and witnesses to call to an interview. The investigator may conduct follow-up interviews as they deem appropriate.

Investigator Determination of Relevance

The investigator will determine whether parties and witnesses are likely to provide relevant information about the allegations, and has the sole discretion to determine which parties and witnesses to call to individual follow-up meetings.

The investigator will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. Character evidence that is not relevant will not be considered.

Evidence Review

At the conclusion of all fact-gathering, the investigator will provide each party and their advisor the opportunity to review all relevant and not otherwise impermissible evidence gathered. In the event that an audio or audiovisual recording is shared, the recording will only be made available at an in-person and monitored meeting on campus, and will not otherwise be transmitted for review, so as to maintain the privacy of those participating in the process.

The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation, to submit any additional relevant evidence, and the names of any additional witnesses with relevant information. This is the final opportunity to offer evidence or names of witnesses. Evidence not provided during the investigation process will not be considered by the Decision Maker. Given the sensitive nature of the information provided, the College will facilitate this review in a secure manner. None of the parties nor their advisors may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided. Any student or employee who fails to abide by this may be subject to discipline. Any advisor who fails to abide by this may be subject to discipline and/or may be excluded from further participation in the process.

The parties will have a minimum of 5 days to inspect and review the evidence and submit a written response in writing to the investigator. The Title IX and Equity Services Coordinator shall have the discretion to extend the evidence review period based on the volume and nature of the evidence.

When deemed appropriate by the investigator, the investigator shall then conduct any additional fact-gathering as may be necessary. If new, relevant evidence was submitted as part of evidence review, or is gathered during this second fact-gathering period, the new relevant evidence will be made available for review by the parties and their advisors. The parties shall have 5 days to provide a response to the newly-gathered evidence. No new evidence will be accepted as part of any response, except that the investigator shall have the discretion to accept relevant evidence that was not previously available or known to exist, and that was not previously discoverable with the exercise of reasonable diligence.

The investigator will consider the parties’ written responses before finalizing the investigation report.

Investigation Report

The investigator will prepare a written report summarizing all of the relevant evidence gathered and all steps taken during the investigation process. The investigator will also include as an attachment all relevant evidence gathered during the investigation, as well as all interview notes.

Conclusion of Investigation, Notice of Hearing

Once the investigation report is final, the report together with all attachments shall be provided to each party and to their advisor, if any, in a secure manner (e.g., by providing digital copies of the materials through a protected, “read-only” web portal). Each party shall have ten (10) days to provide a response. The response, if any, shall be provided to the Hearing Officer.

Following conclusion of the investigation, each party shall be provided with a Notice of Hearing, which shall include information regarding the date of the hearing, the identity of the Hearing Officer, the process to be used at the hearing, deadlines for submission of evidence, names of witnesses, or questions to be reviewed by the Hearing Officer to ensure they are relevant to the allegations. The hearing shall be scheduled no less than ten (10) days from the date of the Notice of Hearing.

Within three (3) days of receipt of the Notice of Hearing, either party may object to the Hearing Officer on the basis of a demonstrated bias or actual conflict of interest. Any objection is to be in writing and sent to the Title IX Coordinator. Should the Title IX and Equity Services Coordinator determine that there is an actual bias or conflict of interest, the Title IX and Equity Services Coordinator shall remove the Hearing Officer and appoint another.

Hearing Procedures

The purpose of a hearing is for a Hearing Officer to determine whether the conduct occurred as alleged, and if so, whether that conduct violates this policy. The College expects that all individuals who participate in the hearing process do so truthfully and that all who have a responsibility for carrying out one or more aspects of the hearing process do so fairly and without prejudice or bias. Hearings may be conducted in person or via videoconferencing. The Title IX and Equity Services Coordinator may determine that the hearing will continue in the absence of any party or any witness.

The College will appoint a Hearing Officer, who may be the same person as the Title IX and Equity Services Coordinator or investigator, who will determine whether a violation of College policy has occurred. The Hearing Officer shall have the authority to determine the relevance of evidence submitted, and of questions asked, to limit the time allotted to any phase of the hearing, and/or to limit the time allotted to the full hearing. The Hearing Officer shall not draw an inference about the determination regarding responsibility based solely on a party’s absence from the hearing or refusal to answer questions posed.

Each hearing shall be recorded by the College and this recording will be considered the only official recording of the hearing. No other individual is permitted to record while the hearing is taking place. The recording is the property of the College but shall be available for listening until the conclusion of the appeals process to complainant, respondent, their respective advisors, Hearing Officer, and Appeal Officer by contacting the Title IX Coordinator.

Prior to the Hearing

The parties and the Hearing Officer all have the right to call witnesses. Witnesses participating in the hearing must have information relevant to the allegations. Parties who wish to call witnesses must submit the name of the witness at least five (5) days in advance of the hearing.

Only witnesses who participated in the investigation will be permitted to participate in the hearing, unless the witness was otherwise unknown or not known to have relevant information during the course of the investigation. If the witness did not participate in the investigation, the party must also provide the reason the witness was not interviewed by the investigator, and what information the witness has that is relevant to the allegations. The Hearing Officer will then determine whether the witness has relevant information and if there is sufficient justification for permitting the witness to participate. The Hearing Officer may instead send the case back to the investigator to interview the newly proffered witness prior to the hearing taking place.

A list of witnesses approved by the Hearing Officer will be provided to the parties at least three (3) days prior to the hearing.

Three (3) days prior to the hearing, each party shall submit to the Hearing Officer a preliminary list of questions they wish to pose to the other party, or to a witness. If the Hearing Officer determines that any questions are not relevant or seek otherwise impermissible evidence, the Hearing Officer shall exclude the question and explain the reason for the exclusion of the question at the hearing. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The Hearing Officer must give a party an opportunity to clarify or revise any question that the Hearing Officer has determined is unclear or harassing and, if the party sufficiently clarifies or revises a question, and the question is relevant, the question will be asked.

Advisor

Each party is entitled to be accompanied by one advisor at the hearing. The role of the advisor is to assist the party with understanding and navigating the proceedings. The advisor may not advocate for, respond for, or otherwise speak on behalf of, a party during the hearing. In the event that a party does not appear for the Hearing, the advisor for that party may not participate in the hearing or submit questions to be asked on behalf of the party.

Hearing Participation Guidelines

The Hearing Officer shall have the authority to maintain order and decorum at the hearing, including responding to disruptive or harassing conduct, and when necessary to adjourn the hearing or exclude the disruptive person. In the event the Hearing Officer removes an advisor, the Hearing Officer will have the discretion to appoint another advisor for the remainder of the hearing. The Hearing Officer also has the authority to determine whether any questions are not relevant, abusive, intimidating, or disrespectful, and will not permit such questions. The Hearing Officer cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing.

Statements, Questioning and Presentation of Evidence

During the hearing, each party will be permitted to provide an introductory statement. Following introductory statements, the Hearing Officer will call parties and witnesses for questioning. The order of questioning shall be determined by the Hearing Officer. The Hearing Officer will pose questions to the parties and witnesses including the questions the Hearing Officer approved to be asked that were submitted by each party prior to the hearing. Each party will then be provided an opportunity to submit follow-up written questions to the Hearing Officer for the Hearing Officer to pose to the other party or witnesses. If the Hearing Officer determines that any questions are not relevant to the allegations, or seek otherwise impermissible evidence, the Hearing Officer shall exclude the question and explain the reason for the exclusion of the question at the hearing and offer an opportunity to the party to reframe or resubmit the question. Questions that are unclear or harassing of the party or witness being questioned will not be permitted.

Only the Hearing Officer is permitted to ask questions of parties and witnesses. Neither party may directly question the other party or witness. Advisors are not permitted to directly or indirectly question the other party or witness.

Following the questioning of parties and witnesses, each party will be permitted to provide a closing statement. An advisor is not permitted to provide a closing statement on behalf of their party.

Parties are permitted to submit impact statements following the hearing.

Hearing Officer’s Report

Following the hearing, the Hearing Officer shall prepare a determination report. All findings shall be made by a preponderance of the evidence, meaning more likely than not. To the extent credibility determinations need to be made, such determinations shall not be based on a person’s status as complainant, respondent, or witness.

The determination report will include:

A description of the sex-based harassment and other allegations if applicable;
A reference to the policies and procedures used to evaluate the allegations;
Description of all procedural steps taken to date;
The Hearing Officer’s evaluation of the relevant and not otherwise impermissible evidence along with the finding of facts;
Determinations for each allegation, with the rationale;
Sanction determination (if applicable)
Whether remedies will be provided;
The procedures for an appeal.

The Hearing Officer’s report shall be provided to the Title IX Coordinator. If the Hearing Officer determines that there is no finding of responsibility, the Title IX and Equity Services Coordinator shall communicate the findings to each party, and their advisor should the party wish the advisor to receive it, a written Notice of Outcome along with a copy of the Hearing Officer’s report, to the parties, together with procedures for appeal.

If there is a finding of responsibility, the Title IX and Equity Services Coordinator shall contact the appropriate sanctioning officer who will determine the sanction and notify the Title IX and Equity Services Coordinator of the sanctioning determination. The Title IX and Equity Services Coordinator will then provide each party, and their advisor should the party wish the advisor to receive it, a written Notice of Outcome regarding the Hearing Officer’s decision, including the Hearing Officer’s report. The Title IX and Equity Services Coordinator will also provide written communication to the complainant regarding any appropriate remedies.

APPEALS

Determinations may be appealed in writing by either party. Appeals will be sent to the Title IX Coordinator, who will then send the appeal to the Appeals Officer assigned to conduct a written review of the appeal(s) and to make a final determination. Appeals must be in writing and filed within ten (10) days following the issuance of the outcome letter.

When an appeal is filed, the other party shall be notified and provided with a copy of the filed appeal within one (1) day, and have five (5) days to respond to the appeal in writing. Any party’s decision not to submit a reply to an appeal is not evidence that the non-appealing party agreed with the appeal.

Within three (3) days of an Appeal Officer being assigned, either party may provide written objection to the Appeal Officer on the basis of an actual bias or conflict of interest. Any objection is to be sent to the Title IX Coordinator. Should the Title IX and Equity Services Coordinator determine that there is an actual bias or conflict of interest, the Title IX and Equity Services Coordinator will appoint another Appeal Officer.

Appeals may be filed only on the following three grounds:

Procedural Error: A procedural error occurred would change the outcome. A description of the error and its impact on the outcome of the case must be included in the written appeal; or,
New Evidence: New evidence or information has arisen that was not available or known to the party during the investigation or hearing, that would change the outcome. Information that was known to the party during the resolution process but which they chose not to present is not considered new information. The new evidence, an explanation as to why the evidence was not previously available or known, and an explanation of its potential impact on the investigation findings must be included in the written appeal; or
Actual Conflict of Interest or Demonstrated Bias: The Title IX Coordinator, investigator, or others with a role in the process with an actual conflict of interest or demonstrated bias for or against complainants or respondents generally, or the individual complainant or respondent, that would change the outcome. Any evidence supporting the alleged conflict of interest or demonstrated bias must be included in the written appeal.

The Appeal Officer will make a determination regarding the appeal and communicate that decision, along with a rationale for the decision to the Title IX and Equity Services Coordinator who will communicate the Appeal Officer’s decision to the parties. The decision of the Appeals Officer is final.

Failure to Complete Sanctions/Comply with Responsive Actions

All responding parties are expected to comply with conduct sanctions/responsive actions/ corrective actions within the timeframe specified by the College. Responding parties needing an extension to comply with their sanctions must submit a written request to the Title IX and Equity Services Coordinator stating the reasons for needing additional time.

Failure to follow through on conduct sanctions/responsive actions/corrective actions by the date specified, whether by refusal, neglect or any other reason, may result in additional sanctions/responsive actions/corrective actions, such as suspension, expulsion, or termination.

Students who fail to comply will be referred to in accordance with the College’s Student Handbook.

Employees who fail to comply will be referred to Human Resources.

RECORD RETENTION

In implementing this policy, records of all reports and resolutions will be kept by the Coordinator in accordance with the applicable College records retention schedule. All records will be afforded the confidentiality protections required by law, including but not limited to the Family Educational Rights and Privacy Act governing confidentiality of student information.

ADDITIONAL ENFORCEMENT INFORMATION

The U.S. Equal Employment Opportunity Commission (EEOC) investigates reports of unlawful harassment and discrimination, including sex-based harassment, in employment.

The U.S. Department of Education, Office for Civil Rights (OCR) investigates complaints of unlawful discrimination and harassment of students and employees in education programs or activities.

For more information, contact the nearest office of the EEOC or OCR.

US Department of Education

Office for Civil Rights

3054 West Grand Boulevard,
Suite 3-600

Detroit, Michigan, 48202

313-456-3700

Fax: 313-456-3701
Toll-Free: 800-482-3604

MDCRServiceCenter@michigan.gov

U.S. Equal Employment Opportunity Commission (EEOC)

https://www.eeoc.gov/contact-eeoc

POLICY REVIEW & REVISION

These policies and procedures will be reviewed and updated regularly by the Title IX Coordinator. The Title IX and Equity Services Coordinator will submit modifications to this policy in a manner consistent with institutional policy upon determining that changes to law, regulation or best practices require policy or procedural alterations not reflected in this policy and procedure. Procedures in effect at the time of its implementation will apply. The policy definitions in effect at the time of the conduct will apply even if the policy is changed subsequently, unless the parties consent to be bound by the current policy.

This policy may be revised at any time without notice. All revisions supersede prior policy and are effective immediately upon posting to the College website.

KEY DEFINITIONS

Advisor: Each party has the right to choose and consult with an advisor of their choice at their own expense. The advisor may be any person, including a friend, family member, therapist, union representative, or an attorney. The College will not limit their choice of advisor. Parties in this process may be accompanied by an advisor of choice to any meeting or proceeding to which they are required or are eligible to attend.

Except where explicitly stated by this policy, advisors shall not participate directly in the process. The College will provide the parties equal access to advisors; any restrictions on advisor participation will be applied equally.

The advisor may not represent, advocate, or speak on behalf of a complainant or respondent. An advisor may not disrupt or impede any resolution proceeding.

Amnesty: a provision whereby a student who makes a report or assists another in making a report to the College or who participates in the resolution of a complaint under this policy will not be subject to the College’s policy concerning alcohol or drug use for actions that may have occurred at or near the time of the Prohibited Conduct defined within this policy, unless the alcohol or drug-related misconduct threatens the health or safety of another.

Coercion/Force: Consent cannot be procured by the use of physical force, compulsion, threats, intimidating behavior, or coercion. Sexual activity accompanied by coercion or force is not consensual.

Coercion refers to unreasonable pressure for sexual activity. When someone makes it clear that they do not want to engage in sexual activity or do not want to go beyond a certain point of sexual interaction, continued pressure beyond that point can be considered coercive. The use of coercion can involve the use of pressure, manipulation, substances, or force. Ignoring objections of another person is a form of coercion.
Force refers to the use of physical violence or imposing on someone physically to engage in sexual contact or intercourse. Force can also include threats, intimidation (implied threats), or coercion used to overcome resistance.

Complaint: A complaint means an oral or written request to Title IX Coordinator that objectively can be understood as a request for the College to investigate and make a determination about alleged sex discrimination under this policy. A complaint may be filed with the Title IX and Equity Services Coordinator in person, by mail, or by electronic mail (email), by using the contact information listed on the Title IX/Equal Opportunity website (LINK), or as described in this policy. Individuals who would like more information about filing a complaint are invited to contact the Title IX and Equity Services Coordinator for additional information.

Complainant: Any individual who has reported being or is alleged to be impacted by Prohibited Conduct as defined by this policy, and who was participating in a College program or activity at the time of the alleged misconduct.

Confidential Resources: any individual identified by the university who receives information about conduct prohibited under this policy in their confidential capacity and who are privileged under state law will not report prohibited conduct disclosed to them without written consent. Designation as a confidential resource under this policy only exempts such individuals from disclosure to the Title IX Coordinator. It does not affect other mandatory reporting obligations under state child abuse reporting laws, the Clery Act as a campus security authority, or other laws that require reporting to campus or local law enforcement.

Consent is knowing, voluntary and mutual decision among all participants to engage in sexual activity, expressed in words or actions. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct with that particular person or people.

Individuals may experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity. If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). Past consent does not imply future consent. A current or previous dating relationship is not sufficient to constitute consent.

The existence of consent is based on the totality of the circumstances, evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred. Silence or the absence of resistance alone is not consent. In Michigan, a minor (meaning a person under the age of 16 years) cannot consent to sexual activity except in limited circumstances dictated by law.

Consent can be withdrawn at any time during sexual activity through reasonable and clear communications through words or actions. When consent is withdrawn, sexual activity must stop.

Consent cannot be given if any of the following are present: Incapacitation, Force, or Coercion.

Days: any reference to days refers to business days when the College is in normal operation.

Decisionmaker: Trained professional designated by the College to decide responsibility, sanction, or appeals. A Decisionmaker may be one person or a panel of multiple people as determined by the College. When there is no hearing, the investigator may be appointed as the Decision Maker.

Disclosure or Report: A disclosure or report may be made by anyone, whether they learned about conduct potentially constituting sex discrimination under this policy, or whether they personally experienced such conduct. A person making a disclosure or report may or may not be seeking to initiate an investigation.

Education Program or Activity: The College’s “education program or activity” includes all campus operations, including off-campus settings that are operated or overseen by the College, including, for example, field trips, online classes, and athletic programs; conduct subject to the College’s disciplinary authority that occurs off-campus; conduct that takes place via College-sponsored electronic devices, computer and internet networks and digital platforms operated by, or used in the operations of, the College. Conduct that occurs outside of the education program or activity may contribute to a hostile environment within the program or activity.

Finding: a written conclusion by a preponderance of the evidence, issued by an Investigator, that the conduct did or did not occur as alleged.

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing and informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, or being under the influence of drugs or alcohol. This policy also covers a person whose incapacity results from temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs, or who are sleeping.

Under this policy, the College will consider whether a respondent knew or should have known the complainant to be incapacitated, based on an objective, reasonable person standard that assumes the reasonable person is both sober and exercising sound judgment. The fact that the respondent was unaware of the complainant’s incapacity due to the respondent’s own drug or alcohol use shall not be considered as an excuse.

No-Contact Directive: A No Contact Directive is a document issued by a College administrator that is designed to limit or prohibit contact or communications between the parties. A No-Contact Directive may be mutual or unilateral, with the exception that a No-Contact Directive issued as either a sanction or remedy shall be unilateral, directing that the respondent not contact the complainant.

Notice: All notices under this policy are written and sent to the student or employee’s assigned College email address or delivered via Certified Mail to the local or permanent address(es) of the parties as indicated in official College records, or personally delivered to the intended recipient.

Party/parties: Referring to complainant(s), respondent(s), or both/all complainant(s) and respondent(s).

Remedies: Remedies means measures provided, as appropriate, to a complainant or any other person the College identifies as having had their equal access to the College’s education program or activity limited or denied by sex discrimination or other prohibited conduct covered by this policy. These measures are provided to restore or preserve that person’s access to the education program or activity after a College determines that sex discrimination occurred. Only the complainant will be informed of any remedies pertaining to them. Some examples are academic support and/or opportunity to retake a class or resubmit work or time extensions on course or degree completion, or non-academic support such as counseling, or changes to work assignments or locations. The Title IX and Equity Services Coordinator is responsible for implementation of remedies.

Respondent: an individual, or group of individuals such as a student organization, who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct under this policy; or retaliation for engaging in a protected activity.

Sanctions: One or more of the sanctions or disciplinary steps listed here may be imposed on a respondent who is found responsible for a violation of the College’s policies. Sanctions or disciplinary steps not listed here may be imposed in consultation with the Title IX Coordinator.

The form of sanction or discipline used will depend on the nature of the offense, as well as any prior disciplinary history. Such discipline or sanction will be imposed pursuant to and in accordance with any and all applicable College rules, policies, and procedures. Factors considered when determining a sanction/responsive action may include:

The nature, severity of, and circumstances surrounding the violation.
An individual’s disciplinary history.
Previous resolutions or allegations involving similar conduct.
The need for sanctions/responsive actions to bring an end to the sex discrimination or retaliation.
The need for sanctions/responsive actions to prevent the future recurrence of sex discrimination or retaliation.
The need to remedy the effects of the sex discrimination or retaliation on the victim and the campus community.

Student sanctions imposed are implemented when the decision is final (after an appeal, or, if there was no appeal, after the appeals period expires).

Faculty found responsible for violating this policy may be referred to the appropriate academic official for any other applicable processes.

Possible sanctions and disciplinary steps for student respondents include, but are not limited to the following:

Probation
No contact orders
Counseling
Training or other developmental assignments
Removal from class(es), housing, or suspension or dismissal from the institution

Sanctions for student respondents will be determined by the Assistant Dean of Students, or designee, and included in the Notice of Outcome to the extent permitted by FERPA.

Possible sanctions and disciplinary steps for employee respondents include, but are not limited to the following:

Probation
No contact orders
Counseling
Training or other developmental assignments
Suspension or dismissal from termination

Remedies for the broader College population will be determined by the Dean of Students and Chief Human Resources Officer and can include, but are not limited, to developing educational materials on discrimination, harassment, and retaliation and this Policy for students and/or employees; increased security; conducting bystander intervention and prevention programs; and/or issuing Policy statements.

The sanctions available for those found responsible for Policy violations whose definitions are equivalent to the definitions of crimes covered by the Violence Against Women Act amendments to the Clery Act are limited to the following:

When an individual is found responsible for sexual assault, the following sanctions are available:

Expulsion or Termination
Suspension of 1, 2, 3, 4, 5, 6, 7, or 8 semesters
Deferred Suspension of 1, 2, 3, 4, 5, 6, 7, or 8 semesters
Administrative Leave without Pay
Revocation of Admission and/or Degree
Withholding Degree
Demotion or changes to job responsibilities
University Housing Suspension, Expulsion, or Restrictions
No-Contact Requirements
Restrictions on participation with College programs or activities
Social Restrictions
Loss of Privileges
Education Sanctions
Mandated Assessment(s)
Removal from Grants
Revocation of Scholarship(s)
Revocation of Award(s)

When an individual is found responsible for domestic violence, the following sanctions are available:

Expulsion or Termination
Suspension of 1, 2, 3, 4, 5, 6, 7, or 8 semesters
Deferred Suspension of 1, 2, 3, 4, 5, 6, 7, or 8 semesters
Administrative Leave without Pay
Revocation of Admission and/or Degree
Withholding Degree
Demotion or changes to job responsibilities
University Housing Suspension, Expulsion, or Restrictions
No-Contact Requirements
Restrictions on participation with College programs or activities
Social Restrictions
Loss of Privileges
Education Sanctions
Mandated Assessment(s)
Removal from Grants
Revocation of Scholarship(s)
Revocation of Award(s)

When an individual is found responsible for dating violence, the following sanctions are available:

Expulsion or Termination
Suspension of 1, 2, 3, 4, 5, 6, 7, or 8 semesters
Deferred Suspension of 1, 2, 3, 4, 5, 6, 7, or 8 semesters
Administrative Leave without Pay
Revocation of Admission and/or Degree
Withholding Degree
Demotion or changes to job responsibilities
University Housing Suspension, Expulsion, or Restrictions
No-Contact Requirements
Restrictions on participation with College programs or activities
Social Restrictions
Loss of Privileges
Education Sanctions
Mandated Assessment(s)
Removal from Grants
Revocation of Scholarship(s)
Revocation of Award(s)

When an individual is found responsible for stalking, the following sanctions are available:

Expulsion or Termination
Suspension of 1, 2, 3, 4, 5, 6, 7, or 8 semesters
Deferred Suspension of 1, 2, 3, 4, 5, 6, 7, or 8 semesters
Administrative Leave without Pay
Revocation of Admission and/or Degree
Withholding Degree
Demotion or changes to job responsibilities
University Housing Suspension, Expulsion, or Restrictions
No-Contact Requirements
Restrictions on participation with College programs or activities
Social Restrictions
Loss of Privileges
Education Sanctions
Mandated Assessment(s)
Removal from Grants
Revocation of Scholarship(s)
Revocation of Award(s)

Student: Any person who has (or will have) attained student status by way of:

1. Admission, housing or other service that requires student status.

2. Registration for one or more credit hours.

3. Enrollment in any non-credit, certificate or other program offered by the university.

RESOURCES

On-Campus, Confidential

These reporting options will maintain confidentiality unless required by law to break confidentiality. Any parties involved in a complaint may speak with:

Wellness Center, 313.664.7852

Risk of Harm to Self or Others

Mental health professionals are required to disclose information where there is an imminent threat of the person harming themselves or others.

Local Support, Confidential

Hotlines

Confidential sexual assault hotlines can provide support as well as information on medical care, reporting, and legal options.

Turning Point (24-hour crisis hotline), 586-463-6990
Avalon Healing Services, A person can request counseling services at any time during their healing process, whether it be immediately after their experience with assault or years later. All services provided by Avalon are free and confidential. To schedule an appt, please call our main office at 313-964-9701 Monday – Friday during business hours: 9am – 5pm.

Crisis Hotline

Crisis Text Line Text HOME to 741741 from anywhere in the United States, anytime.
- Crisis Text Line is here for any crisis. A live, trained Crisis Counselor receives the text and responds, all from our secure online platform.
Suicide Prevention Lifeline: 988

This line also offers free chat functions: https://suicidepreventionlifeline.org/chat/

On-Campus, Non-Confidential

All CCS employees, excluding the confidential resources detailed above, are mandatory reporters under this policy and must share all the details of the reports they receive with designated College officials. Therefore, Complainants may want to consider carefully whether to share personally identifiable details with non-confidential employees.

Matters of concern can be shared with the designated Title IX Administrator below via email, phone or in person:

Title IX Coordinator: Jess Ettell Irvine, titleix@ccsdetroit.edu, 313.664.7676

Additional Reporting Options

Dan Long, dlong@ccsdetroit.edu

Dean of Students

Yamasaki Building, 2nd Floor

313.664.7675

Campus Safety, 313.664.7444, 24 hours/day

Director of Residence Life, 313.664.7678

Anti-Harassment and Discrimination Policy

SCOPE

The College for Creative Studies subscribes to the principle of equal opportunity in its employment, admissions, and educational programs and activities and strives to provide an educational environment and workplace free from unlawful harassment or discrimination. The College is committed to an inclusive community that respects and values all its members, including students, faculty, and staff. This Policy prohibits discrimination, including harassment, because of age, race, color, national origin, religion, marital status, disability or any other characteristic protected by law. This prohibition includes discrimination and harassment based on the perception of an individual’s protected status, even if that perception is incorrect. The Policy applies to the administration of employment and educational policies, practices, programs, and activities.

Individuals interested in the policy related to discrimination on the basis of sex, gender, and/or gender identity should refer to the Title IX and Sexual Misconduct policy.

The Policy also prohibits retaliation against an individual: (1) who files a complaint or report of discrimination, harassment, or related misconduct; (2) against whom a complaint is filed; (3) who participates in the reporting, investigation, or adjudication of possible violations of this Policy; or (4) who engages in good faith opposition to what the individual reasonably believes to be discrimination, harassment, or related misconduct under this Policy. The Policy should be read in a way consistent with all applicable federal and state laws addressing discrimination, harassment, and related misconduct.

Academic Freedom: This Policy shall be applied in a way that is consistent with principles of academic freedom. The College is committed to the free and vigorous discussion of ideas and issues, which the College believes will be protected by this Policy. Academic freedom and the related freedom of expression include, but are not limited to, the civil expressions of ideas – however controversial – in the classroom, residence halls, and other teaching and student living environments.

Clery Act Obligations

Campus Notification

Once a report of harassment or discrimination is made, the College will take all necessary steps to protect the campus and the person who has allegedly experienced harm. This may include alerting the campus of crimes that it determines pose a threat to members of the campus community. In making such determinations, the College will consider the safety of students, faculty, and staff as well as the privacy interests of all persons involved in such incidents. Regardless of the action taken by the College, the name of any person involved will not appear on security alerts. To respect the privacy rights and choices of the person reporting, as well as the rights of a person being accused, the College will consider the wishes of all individuals involved in the incident to determine the level of specific information to include in the campus crime report.

Campus Crime Reporting

In compliance with the Clery Act and the Violence Against Women Reauthorization Act of 2013, all members of the College, excluding confidential sources, notified of sexual misconduct (or certain other possibly criminal acts) are required to inform Campus Safety; and the incident will be included in campus crime statistics. The following information is included: crime, date, location, and status (i.e. student, faculty, staff, stranger, etc.) of the individuals involved in the crime. The College never includes the names of the Complainant or the Respondent in crime statistics, and the College will not otherwise include personally identifying information about the Complainant.

PROHIBITED CONDUCT

Discrimination

A discrete adverse action made against an applicant, student, or employee based on age, race, color, national origin, religion, marital status, disability, or any other characteristic protected by law. Discrimination can occur under this Policy in either an employment or an educational context. Discrimination also includes failing to provide reasonable accommodations to a qualified person with a disability or to reasonably accommodate an employee’s religious beliefs or practices, as required by state and federal law.

Harassment

Unwelcome verbal, visual, physical, electronic, or other conduct based that is sufficiently severe, persistent, or pervasive to unreasonably interfere with a person’s ability to participate in or benefit from the College’s education program or activity or to interfere with the terms or conditions of the person’s employment, as judged by a reasonable person in the position of the individual subject to the conduct and considering all the circumstances. A report or complaint may allege conduct meeting this definition by a single individual or a series of acts by a number of individuals (e.g., within a particular office or department) that, when considered together, meets this definition (see definition of “hostile environment” below).

Hostile Environment

A form of harassment, including retaliatory harassment, created by the cumulative effect of such conduct. This includes harassment by a number of individuals, where each individual’s conduct may not be severe, persistent, or pervasive (and therefore warrant disciplinary action) but the cumulative effect of the conduct is; e.g., comments and actions by a number of people in a particular program, office, department, or other organizational unit, with the unit being the Respondent.

Retaliation

An adverse action carried out in response to good faith reporting of or opposition to discrimination or harassment or participation in the investigation of a complaint. Individuals are also protected from retaliation for making good faith requests for accommodation based on religion or disability. Retaliation can take the form of a discrete or individual act or ongoing harassing conduct. Adverse action does not include petty slights or trivial annoyances. Protected activity means (1) opposing a practice that is unlawful or that the individual reasonably believes is unlawful (2) filing a report, serving as a witness, assisting someone with a complaint, or participating in an investigation, proceeding, or hearing pertaining to discrimination, harassment or other prohibited conduct (3) participating in the College’s reasonable accommodation processes.

RELATED DEFINITIONS

Complainant: the person subjected to alleged misconduct.

Formal Complaint: formal notification, either orally or in writing, of the belief that discrimination, harassment, or retaliation has occurred.

Preponderance of the Evidence: the evidence must show that, more likely than not, the alleged discrimination, harassment, or retaliation occurred.

Respondent: the organizational unit (e.g., office, department, program) or person accused of discrimination, harassment, or retaliation.

AMNESTY

When conducting the investigation, the College’s primary focus will be on addressing the misconduct and not on other College Policy violations that may be discovered or disclosed. Fear of conduct or disciplinary violations should not be a deterrent for anyone to report an incident of misconduct. Persons reporting misconduct will be granted amnesty from College disciplinary processes if College alcohol or other non-violent Policy violations are discovered during an investigation. This same amnesty will be granted to witnesses asked to participate in the complaint resolution process.

TIMELY REPORTING & CRISIS ASSISTANCE

The College supports and encourages anyone who has been subject to harassment or discrimination to report the incident to the reporting source of their choice. Prompt reporting may preserve options, including the preservation of physical evidence, crisis counseling, and immediate police response. However, anyone can report an incident at any time.

REPORTING RESOURCES

On Campus Resources for Students

Title IX and Equity Services Coordinator
titleIX@ccsdetroit.edu

Dean of Students
313.664.7675
M-F 8:30 am – 4:30 pm

Campus Safety
313.664.7444
24 Hours

Director of Residence Life
313.664.7678
M-F 8:30 am – 4:30 pm

On Campus Resources for Faculty/Staff

Title IX and Equity Services Coordinator
titleIX@ccsdetroit.edu

Chief Human Resources Officer
313.664.7650
M-F 8:30 am – 4:30 pm

Campus Safety
313.664.7444
24 Hours

Provost/Vice President of Academic Affairs/CAO
313.664.7696
M-F 8:30 am – 4:30 pm

Off-Campus Resources for Students and Faculty/Staff

Wayne State Police
313.577.2222
24 Hours

RIGHTS OF PARTIES

An applicant, student, employee, or visitor, or other third-party harassment may file a complaint. The following rights will be provided to any party named in a complaint process as well as the options available for assistance and how to request supportive measures.

A prompt, fair, and impartial investigation of all credible complaints.
Not be discouraged by College officials from filing or participating in a complaint.
Not to be retaliated against for filing or participating in a complaint in good faith.
To know the evidentiary standard the College applies during the complaint resolution process is the preponderance of the evidence standard.
To reasonably prompt time frames for completion of the investigation process, recognizing this is influenced by the facts and circumstances.
To have an advisor of choice accompany and assist throughout the complaint resolution process.
To an outcome based solely on the preponderance of reasonably available and relevant evidence presented during the complaint resolution process.
To petition that anyone involved in the complaint resolution process be removed due to bias or conflict of interest.
To be informed of the outcome and sanction within the bounds of what is legally permissible.
To appeal the finding and sanction in accordance with this Policy.
Assurance that the College will take steps to prevent recurrence of any discrimination, harassment, or retaliation and, when appropriate, to remedy the discriminatory effects on the Complainant and others involved/affected.

For harassing conduct that might be criminal in nature, Complainants will be notified of the option to contact proper law enforcement authorities, including Campus Safety and local police. The College will notify Wayne State or Detroit Police if a student or employee submits a Personal Protection Order (PPO) to Campus Safety and receives a report that the order was violated.

Disability accommodations

Parties and witnesses with documented disabilities have a right to reasonable disability-related accommodation needed to participate in the complaint resolution process. To request such accommodation, students should contact the Dean of Students and employees and others should contact the Chief Human Resources Officer.

SUPPORTIVE MEASURES IN HARASSMENT MATTERS

Students and employees of the College can contact the Office for Institutional Equity and Inclusion to request supportive measures. Supportive measures are available to a Complainant before or after the filing of a complaint or where no complaint has been filed, and to an individual Respondent after a complaint has been filed.

When the Title IX and Equity Services Coordinator, or any College official with authority to institute corrective measures, learns of possible misconduct, the Title IX and Equity Services Coordinator will promptly contact the Complainant to discuss the availability of supportive measures and explain the process for filing a formal complaint. The Title IX and Equity Services Coordinator will assist the Complainant and all parties in obtaining supportive measures and is responsible for coordinating their effective implementation.

Supportive measures may be available even if the alleged conduct does not meet the definitions of misconduct in this Policy. The College will maintain confidential any supportive measures to the extent that maintaining such confidentiality would not impair the ability of the College to provide the measures.

The College may remove a student Respondent on an interim basis if the College determines that the Respondent poses an immediate threat to the physical health or safety of the Complainant or any other student or employee arising from the allegations of misconduct. This decision will be made by a team led by the Student Concerns Committee based on an individualized safety and risk analysis, and the Respondent will be provided with notice of the decision and an opportunity to challenge the decision by meeting with the Dean of Students immediately following the removal.

The Chief Human Resources Officer may place a non-student employee Respondent on administrative leave during the pendency of a grievance process.

ROLE OF ADVISORS

Advisors should help their advisees prepare for each meeting, and are expected to advise ethically, with integrity, and in good faith. The College cannot guarantee equal advisory rights, meaning that if one party selects an advisor who is an attorney, but the other party does not, or cannot afford an attorney, the College is not obligated to provide one.

INITIATING A COMPLAINT

Complaints of discrimination, harassment, and retaliation can be filed with the Title IX and Equity Services Coordinator or the Office of Human Resources.

Jess Ettell Irvine
Title IX and Equity Services Coordinator
Institutional Equity and Inclusion
313.664.7676
titleix@collegeforcreativestudies.edu

Raquel Diroff
Chief Human Resources Officer
Office of Human Resources
313-664-7651
rdiroff@collegeforcreativestudies.edu

Complaints of discrimination, including discrete acts of retaliation, must be filed within one (1) year of the date of the alleged discrimination. Complaints of harassment, including retaliatory harassment, can be filed if the Respondent remains a part of the College community. However, the sooner a complaint is filed, the more effectively it can be investigated (e.g., while witnesses are still available, memories are fresh, and documentation may still be available).

The College may dismiss a complaint, or any allegations within the complaint, if:

The Complainant subsequently asks to withdraw it;
The Respondent is not or is no longer enrolled in or employed by the College; however, if the Respondent subsequently seeks to re-enroll or be rehired, the complaint may be reopened and the complaint resolution process completed as a condition for re-enrollment/rehire.

In any case, in which the College dismisses a complaint, the College will provide simultaneous written notice to both parties, including the opportunity to appeal the decision.

The College will utilize all relevant internal disciplinary and administrative processes, as well as external criminal and civil reporting mechanisms, deemed appropriate when information pertaining to discrimination, harassment, or retaliation is reported. The investigator shall resolve all alleged violations of the Student Code of Conduct, the Staff Handbook, or the Faculty Handbook arising from the same set of circumstances as the allegations of conduct prohibited by the Policy.

PARTICIPATION BY PARTIES AND WITNESSES

Members of the College community are expected to cooperate in the College’s investigation with integrity and act in good faith. The College cannot compel a person to participate in a process. Investigations will proceed based on reasonably available information. The College will not restrict the ability of either party to discuss the allegations under investigation with others or to gather and present relevant evidence. If a minor is either a Complainant or a Respondent, the College will notify the minor’s parent(s) of all proceedings in this Policy and allow them to participate in those proceedings.

False Reporting

Any member of the College community who knowingly files a false report of harassment and/or discrimination, or who knowingly provides false information to or intentionally misleads College officials who are investigating or reviewing a report of alleged discrimination, retaliation, or harassment, is subject to disciplinary action, up to and including discharge for employees and dismissal for students.

TIMELINE FOR RESOLUTION

The College endeavors for the investigation and resolution of a complaint to be completed within a reasonably prompt timeframe, typically 60 business days of receipt of the initiation resolution process. The College may extend this timeframe, or any component timeframes, for good cause. If the College requires an extension of a timeframe, the College will provide written notice to the Complainant and Respondent and provide the reason for the delay.

OPTIONS FOR RESOLUTION

Agreement-based resolution

After a formal complaint has been filed, the Title IX and Equity Services Coordinator will offer the parties the opportunity to participate in an agreement-based resolution. An agreement-based resolution may be used only when both parties agree, in writing, to the use of the resolution process. The Coordinator must also agree that the matter is suitable for resolution using the agreement-based resolution process. Agreement-based resolution may be used any time after a formal complaint has been filed but before a determination is made. The parties have the right to end the agreement-based resolution process and resume the investigation and grievance process at any time prior to agreeing to a resolution.

A party interested in an agreement-based resolution should contact the Coordinator. The Coordinator will provide the parties with written notice disclosing the allegations, the requirements of the agreement-based resolution process, and any consequences resulting from participating in the agreement-based resolution process, including the records that will be maintained or could be shared. Before beginning the process, the parties must provide voluntary, written consent.

Agreement-based resolution will be facilitated by a trained faculty or administrator. The College will attempt to complete the resolution process within 45 calendar days after the agreement to participate is signed; this timeframe may be extended for good cause, with written notification provided to the parties of the extension and the reasons for it.

Once the matter is resolved through the agreement-based resolution process, it is considered final, and is not subject to appeal.

Formal Resolution

Notice

Upon receipt of a complaint, the Title IX and Equity Services Coordinator, or designee, will provide written notice to the Complainant and to the Respondent that includes:

An explanation of the complaint procedures.
A description of the allegations.
A statement that the individual Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the investigation and adjudication process.
An explanation that any party may have an advisor of their choice.

Information about the prohibitions against retaliation and against knowingly making false statements or knowingly submitting false information.

If, during an investigation, the Coordinator decides to investigate allegations that were not included in the original notice, the Coordinator will provide written notice of the additional allegations.

Investigation Standard

Complaints under these procedures will be assessed using the preponderance of evidence standard — the evidence must show that, more likely than not, the alleged discrimination, harassment, or retaliation did occur.

Investigative Process

The Title IX and Equity Services Coordinator, or designee,will appoint a qualified investigator to conduct the investigation and prepare an investigative report. The parties to a complaint may raise issues of bias or conflict of interest with the investigator or anyone from the College involved in conducting or managing the complaint resolution process. The Coordinator will weigh these issues and resolve them accordingly. No party has a right to disqualify an individual involved in the complaint resolution process absent a demonstrated bias or conflict.

After meeting with the Complainant and the Respondent or receiving their written statements, the investigator will gather and review any additional information and documents the investigator deems relevant, including but not limited to student and personnel files, witness statements, law enforcement and investigation documents, and additional statements from the Complainant and the Respondent. In any meetings or conversations with the investigator, any party to a complaint can be accompanied by an advisor of their choice. However, an advisor cannot speak for the party they are advising; rather, the advisor’s role will be limited to quietly conferring with the party.

The investigator will create a preliminary investigation report summarizing the relevant evidence collected.

The preliminary investigation report will be provided to the Complainant and the Respondent, with five (5) business days to respond with any information they deem to be incorrect or incomplete, or to provide additional information that they believe should be included.

The investigator will review the parties’ responses to the preliminary investigation report and conduct additional investigation, if warranted. If the investigator collects additional evidence, the investigator will give the parties an opportunity to review and respond.

The investigator will then create a final investigation report which will contain an analysis of the allegations and findings of whether a policy was violated.

The Complainant and Respondent may request a written update at any point from the Coordinator at any time.

SANCTIONS/REMEDIES

Remedies for student and third party/visitor Complainants (where the third party/visitor is participating in or attempting to participate in a College program or activity) will be determined by the Dean of Students; remedies for employees will be determined by the Chief Human Resources Officer. Remedies can include, but are not limited, to housing changes, changes in grades, counseling services, medical services, promotion (e.g., where an employee-Complainant was denied a promotion as part of the harassment), enrollment or re-enrollment, reinstatement, academic support services, and other measures designed to put the Complainant in the position they would have been in had the discrimination, harassment, or retaliation not occurred.

In cases of harassment, including retaliatory harassment, sanctions for student Respondents will be determined by the Dean of Students and included in the Notice of Outcome to the extent permitted by FERPA. Sanctions for employee Respondents will be determined by the Chief Human Resources Officer and included in the Notice of Outcome.

The range of sanctions under this Policy include, but are not limited to, institutional probation, no contact orders, counseling, training or other developmental assignments, removal from class(es), housing, or suspension/dismissal/termination from the institution.

Remedies for the broader College population will be determined by the Dean of Students or Human Resources Office and can include, but are not limited, to developing educational materials on discrimination, harassment, and retaliation, increased security, conducting bystander intervention and prevention programs, and/or issuing Policy statements.

APPEALS

Procedure

Both the Complainant and the individual Respondent are entitled to appeal the decision of the Investigator. An appeal must be filed, in writing, within 5 business days of the written Notification of Outcome. The appeal should be submitted to the Title IX and Equity Services Coordinator via email.

The Coordinator will appoint an appeal body. Members of the Appeal Body may recuse themselves if a relationship with a party or prior knowledge of the complaint would compromise their impartiality.

Any party may raise conflicts of interest regarding the Appeal Body. The Coordinator will weigh these issues and resolve them accordingly. No party has a right to disqualify an Appeal Body member absent a demonstrated bias.

The Appeal Body will first determine whether the appeal meets the grounds for appeal. If the appeal is not based on proper grounds for appeal, it may be rejected. If so, the Appeal Body will notify all parties within 10 business days of the appeal filing that the appeal will not be reviewed.

If the appeal satisfies the grounds for appeal, the Appeal Body will issue a finding, typically within 15 business days of the appeal being filed. The Appeal Body reserves the right to extend their review period and will notify the parties, in writing, of this extension. The Complainant and the Respondent will be notified simultaneously and in writing when such results become final.

All decisions by the Appeal Body are final.

In cases in which a College office, department, or other organizational unit was accused of discrimination, harassment, or retaliation, that unit cannot appeal a finding of a violation of this Policy or of the remedies imposed.

Grounds For Appeal

New evidence not reasonably available at the time of the decision regarding dismissal or violation of the Policy was made that could affect the outcome.
Those involved in the complaint resolution process had a conflict of interest or bias that affected the matter’s outcome.
Procedural irregularities that substantially affected the outcome.

Basic Rights for Pregnant Students

Pregnant students have equal access to classes and activities. They are entitled to academic adjustments for pregnancy and childbirth.
The school/department must excuse student absences and reschedule exams due to pregnancy or childbirth for as long as a student’s doctor says is necessary.
When a student returns, the student’s school/department must allow the student to return to the same academic and extracurricular status student had before they left.
The school/department cannot make a student take time off if the student doesn’t want to.
The school/department cannot exclude a student from a special program because the student is pregnant.

Classes and Coursework

The school/department cannot make a student change their major or degree program because the student is pregnant or parenting. They also cannot force a student to attend an alternate program, like an evening program.
Faculty and staff should not ask the student for documentation. A student should work directly with the Title IX Coordinator for assistance.

School Activities and Extracurriculars

A pregnant student can take part in activities for as long as they want. The school/department cannot stop a student from joining clubs, going to events, or participating in research unless the same rules apply for all students who have a temporary medical condition.

Support and Adjustments

Reasonable adjustments to support a student during their pregnancy can include, but is not limited to a larger desk, elevator access, or allowing a student to make frequent trips to the restroom, when necessary.
Excused Absences are required for as long as a doctor says it is necessary.
Faculty and staff may not refuse to allow a student to submit work after a missed deadline because of pregnancy or childbirth. If grading is based in part on class participation or attendance the student should be allowed to make up the participation or attendance credits they didn’t have the chance to earn.
Special services provided to students with temporary medical conditions will be granted to pregnant students. This includes homebound instruction/at-home tutoring/independent study.

Faculty Credentials and Equivalent Tested Experience

The College for Creative Studies adheres to The Higher Learning Commission (HLC) guidelines on Determining Qualified Faculty Through HLC’s Criteria for Accreditation and Assumed Practices. These guidelines state that institutions will use credentials as the primary mechanism to ascertain minimal faculty qualifications. HLC recognizes that tested experience also may be considered in determining faculty qualifications. The following guidelines apply to all faculty members whose primary responsibility is teaching, including part-time, adjunct, dual credit, temporary, and/or non-tenure track faculty.

Credentials

Faculty credentials refer to the degrees that faculty have earned that establish their credibility as content experts and thus their competence to teach that content in the classroom. Common expectations for faculty credentials include the following:

Faculty teaching should have completed a program of study in the discipline or subfield (as applicable) in which they teach, and/or for which they develop curricula, with coursework at least one level above that of the courses being taught or developed. Completion of a degree in a specific field enhances an instructor’s depth of subject matter knowledge and is easily identifiable.
Faculty teaching in undergraduate programs should hold a degree at least one level above the program in which they are teaching. If a faculty member holds a master’s degree or higher in a discipline other than that in which he or she is teaching, that faculty member should have completed a minimum of 18 graduate credit hours in the discipline in which he or she is teaching.
Faculty teaching in graduate programs should hold the terminal degree determined by the discipline and have a record of research, scholarship, or achievement appropriate for the graduate program.
Faculty guiding doctoral education should have a record of scholarship and preparation to teach at the doctoral level. Research and scholarship should be appropriate to the program and degree offered.

Equivalent Tested Experience

According to HLC, “Tested experience may substitute for an unearned credential or portions thereof.” Criterion B.2, Teaching and Learning: Quality, Resources, and Support state that “when faculty members are employed based on equivalent experience, the institution defines a minimum threshold of experience and an evaluation process that is used in the appointment process.” Consistent with HLC policy, “experience should be tested experience in that it includes a breadth and depth of experience outside of the classroom in real-world situations relevant to the discipline in which the faculty member would be teaching.”

Determining Faculty Credentials or Equivalent Tested Experience

Once a search has been authorized for a full-time faculty position, the Department Chair develops a job description in consultation with the appropriate Dean. Throughout the search process, the CCS Faculty Credential Table should be used to evaluate candidates to determine qualified faculty requirements. The Faculty Credential Table should also be used to assess qualifications for adjunct instructors as well as continuing education faculty. If a candidate does not meet the minimum required credentials as outlined in the table, the rubric for Equivalent Tested Experience should be used to determine whether or not the candidate is qualified in lieu of having the appropriate credential.

DEPARTMENT	LEVEL BEING TAUGHT	COURSE LEVELS	REQUIREMENT
•ADVERTISING •ART PRACTICE •COMMUNICATION DESIGN •CRAFT AND MATERIAL STUDIES •ENTERTAINMENT ARTS •FOUNDATIONS •ILLUSTRATION •LIBERAL ARTS •PHOTOGRAPHY •PRODUCT DESIGN •TRANSPORTATION DESIGN	BFA UNDERGRADUATE DEGREE	100-400	MFA WITH SPECIALTY RELATIVE TO COURSE CONTENT BEING TAUGHT OR OTHER MASTER’S DEGREE WITH AT LEAST 18 GRADUATE CREDIT HOURS RELATIVE TO COURSE CONTENT BEING TAUGHT
ART EDUCATION	TEACHER CERTIFICATION	100-400	MA WITH STATE TEACHING CERTIFICATION OR MAAE OR MFA IN ART, STUDIO ART, OR ART EDUCATION
DEPARTMENT – GRADUATE LEVEL	LEVEL BEING TAUGHT	COURSE LEVELS	REQUIREMENT
•COLOR AND MATERIALS DESIGN •INTERACTION DESIGN •SYSTEMS DESIGN THINKING •TRANSPORTATION DESIGN	MFA GRADUATE DEGREE	500 – 700	MFA or PHD WITH SPECIALTY RELATIVE TO COURSE CONTENT BEING TAUGHT OR OTHER MASTER’S DEGREE WITH AT LEAST 18 GRADUATE CREDIT HOURS RELATIVE TO COURSE CONTENT BEING TAUGHT
ART EDUCATION	MA GRADUATE DEGREE	500 – 700	MFA or PHD IN ART EDUCATION

Equivalent Tested Experience Rubric

Equivalent Tested Experience form.

Higher Learning Commission. (2020). Determining Qualified Faculty Through HLC’s Criteria for Accreditation and Assumed Practices. Retrieved from “Determining Qualified Faculty Through
HLC’s Criteria for Accreditation and Assumed Practices: Guidelines for Institutions and Peer Reviewers”.

Social Media Policy

Policies related to the development, design, maintenance, and use of CCS Social media sites can be found on the Policy database.

Semester Course Listing

The Academic Advising and Registration Office (AARO) produces a fall, winter, and summer semester course listing available on the AARO Campus Office page. The AARO Campus Office page also offers information on the academic calendar and course registration. Tuition and fees information and financial policies and procedures are available on the Financial Aid Campus Offices page. The CCS community may also search for course availability using the Self-Service system.