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.

  1. A prompt, fair, and impartial investigation of all credible complaints.
  2. Not be discouraged by College officials from filing or participating in a complaint.
  3. Not to be retaliated against for filing or participating in a complaint in good faith.
  4. To know the evidentiary standard the College applies during the complaint resolution process is the preponderance of the evidence standard.
  5. To reasonably prompt time frames for completion of the investigation process, recognizing this is influenced by the facts and circumstances.
  6. To have an advisor of choice accompany and assist throughout the complaint resolution process.
  7. To an outcome based solely on the preponderance of reasonably available and relevant evidence presented during the complaint resolution process.
  8. To petition that anyone involved in the complaint resolution process be removed due to bias or conflict of interest.
  9. To be informed of the outcome and sanction within the bounds of what is legally permissible.
  10. To appeal the finding and sanction in accordance with this Policy.
  11. 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 

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 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.

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.

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:

  1. The Complainant subsequently asks to withdraw it;
  2. 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:

  1. An explanation of the complaint procedures.
  2. A description of the allegations.
  3. 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.
  4. 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

  1. 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.
  2. Those involved in the complaint resolution process had a conflict of interest or bias that affected the matter’s outcome.
  3. Procedural irregularities that substantially affected the outcome.