Policy on Preventing and Addressing Discrimination, Harassment and Retaliation

OVERVIEW

College for Creative Studies (hereinafter, “CCS” or “the College” is committed to providing an educational and employment environment that is free from Discrimination based on Protected Characteristics, Harassment, and Retaliation for engaging in protected activity. CCS’s Policy on Preventing and Addressing Discrimination, Harassment and Retaliation, are designed to further these goals.

CSS’s Commitment to Eliminating Discrimination and Harassment

The College must define and respond to certain types of misconduct as required by Title VI and Title VII of the Civil Rights Act of 1964 (“Title VII”) and Michigan’s Civil Rights Laws, including the Elliott Larsen Civil Rights Act. These guidelines are set for CSS’s Policy, “Preventing and Addressing Discrimination, Harassment and Retaliation.” The College must also respond to reports of sexual and gender based discrimination as required by Title IX.

CCS values and upholds the equal dignity of all members of its community and strives to balance the rights of the Parties in the resolution process during what is often a difficult time for all involved. Employees, including Faculty and Student Employees, or Students who violate these policies may face disciplinary action up to and including termination of employment or expulsion. The College will take prompt and equitable action to eliminate conduct that violates its policies, prevent recurrence, and remedy its effects. CCS conducts ongoing prevention, awareness, and training programs for Employees and Students to facilitate the goals of these policies.

CCS’s Commitment to a Fair Process for Resolving Disputes

To ensure compliance with federal, state, and local civil rights laws and regulations, and to affirm its commitment to promoting the goal of fairness in all aspects of the Education Program or Activity, CCS has developed policies and procedures that provide a prompt, equitable, and impartial resolution of allegations of violation of Policy on Preventing and Addressing Discrimination, Harassment and Retaliation, in Process B.

I.          SCOPE 

The Policy applies to all Faculty, Employees, Students, College contractors or visitors, and other individuals participating in or attempting to participate in the CCS’s Education Program or Activities, including education and employment.

The Policy prohibits all forms of Discrimination on the basis of the Protected Characteristic(s), and may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with the Policy.

II.        NOTICE OF NONDISCRIMINATION

CCS seeks to comply with all federal, state, and local laws, regulations, and ordinances prohibiting Discrimination in private postsecondary education institutions, including Titles IV, VI and VII of the Civil Rights Act of 1964, the Michigan Elliott Larsen Civil Rights Act, Titles I, II, and III of the Americans with Disabilities Act, the Age Discrimination Act of 1975, the Age Discrimination in Employment Act of 1967, Section 504 of the Rehabilitation Act, the Michigan Persons with Disabilities Civil Rights Act, the Equal Pay Act of 1963, the Pregnancy Discrimination Act of 1978, Section 106-Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, the Uniformed Services Employment and Reemployment Rights Act (USERRA, Title IX  of the Educational Amendments of 1972, Genetic Information Nondiscrimination Act of 2008 (GINA), Pregnant Workers Fairness Act, (PWFA) and the PUMP for Nursing Mothers Act.

CCS does not discriminate against any Employee, applicant for employment, Student, or applicant for admission on the basis of: age (40 years and over in the employment context),   citizenship status, color,  creed, disability (physical or mental), domestic violence victim status, ethnicity and ethnic characteristics, family responsibilities, gender identity/expression, genetic information (including family medical history), height, marital status, national origin (including shared ancestry), place of business, political belief or affiliation, pregnancy or related conditions, race, religion, residence, sex (including sex characteristics and sex stereotypes), sexual orientation, source of income/social class status, veteran or military status (including disabled veteran, recently separated veteran, active-duty, wartime, or campaign badge veteran, and Armed Forces Service Medal veteran), weight, hair style, or other similar aspect of appearance or any other Protected Characteristic under applicable federal, state, or local law, including protections for those opposing Discrimination or participating in any resolution process within the institution, with the Equal Employment Opportunity Commission, and/or other human/civil rights agency.

The Policy covers nondiscrimination in both access to educational opportunities and employment. Therefore, any member of the CCS community whose acts deny, deprive, or limit the educational or employment, residential and/or social access, benefits, and/or opportunities of any member of the CCS community, guest, or visitor on the basis of that person’s actual or perceived Protected Characteristic(s) listed above, is in violation of the Policy.

CCS will promptly and effectively address any such Discrimination of which it has Notice or violation of this Policy using Process B. (For violations of the Title IX Policy, Process A will be utilized). 

III.      DIRECTOR OF CIVIL RIGHTS AND TITLE IX COMPLIANCE

The CCS president and Assistant Vice President of Campus Life created a full-time position titled the Director of Civil Rights and Title IX Compliance, to coordinate the CCS’s compliance with federal, state, and local civil rights laws and ordinances.

The Director is responsible for providing comprehensive nondiscrimination education and training; coordinating the CCS’s timely, thorough, and fair response; investigation and resolution of all alleged prohibited conduct under the Policy; and monitoring the effectiveness of, and any barriers to, accessing the Policy and related procedures to ensure an education and employment environment free from Discrimination, Harassment, Title IX, and Retaliation.

CCS recognizes that allegations under the Policy may include multiple forms of Discrimination and Harassment as well as violations of other CCS policies; may involve various combinations of Students, Employees, and other members of the CCS community; and may require the simultaneous attention of multiple CCS departments. Accordingly, all CCS departments will share information, combine efforts, and otherwise collaborate, to the maximum extent permitted by law and consistent with other applicable CCS policies, to provide uniform, consistent, efficient, and effective responses to alleged Discrimination, Harassment, Title IX, or Retaliation.

IV.      PROHIBITED CONDUCT

A.         Prohibited Discrimination includes any form of discrimination described in this Section.

Discrimination is different treatment with respect to a person’s employment or participation in an Education Program or Activity based, in whole or in part, upon the person’s actual or perceived Protected Characteristic(s). Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed.

Discrimination can take two primary forms:

1.          Disparate Treatment Discrimination:

a.          Any intentional differential treatment of a person or persons that is based on a person’s actual or perceived Protected Characteristic(s) and that:

(1)        Excludes a person from participation in;

(2)        Denies the person benefits of; or

(3)        Otherwise adversely affects a term or condition of a person’s participation in a College program or activity.

2.          Disparate Impact Discrimination:

a.          Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:

(1)        Excludes a person from participation in;

(2)        Denies the person benefits of; or

(3)        Otherwise adversely affects a term or condition of a person’s participation in a College program or activity.

B.         Hostile Environment Discrimination

1.          Unwelcome conduct on the basis of actual or perceived Protected Characteristic(s),

a.          based on the totality of the circumstances,

b.          that is subjectively and objectively offensive, and

c.          is so severe or pervasive,

d.          that it limits or denies a person’s ability to participate in or benefit from the College’s program or activity.

e.          All elements described above must be present to have an allegation of Discriminatory Harassment.

2.          Unwelcome conduct can include oral, written, graphic, physical, or other conduct by an employee, a student, or a third party; as well as conduct that is physically threatening, harmful, or humiliating. Mere offensive is not enough to constitute hostile environment discrimination.

3.          Hostile Environment discrimination based on sex is not covered by this Policy or included within this definition and is covered and investigated under CCS’ Sexual Misconduct and Other Forms of Interpersonal Violence (Title IX) Policy

4.          Online Harassment and Misconduct

a.          CCS policies are written and interpreted broadly to include online manifestations of any of the prohibited behaviors below, when those behaviors occur in or have an effect on the College’s Education Program or Activities or when they involve the use of CCS networks, technology, or equipment.

b.          Although CCS may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to the College, it will engage in a variety of means to address and mitigate the effects.

c.          Members of the community are encouraged to be good digital citizens and to refrain from online misconduct, such as feeding anonymous gossip sites; sharing inappropriate content via social media; unwelcome sexual or sex-based messaging; distributing, or threatening to distribute, nude or semi-nude photos or recordings; breaches of privacy; or otherwise using the ease of transmission and/or anonymity of the Internet or other technology to harm another member of the CCS community.

d.          Nothing in the Policy is intended to infringe upon or limit a person’s free speech rights. Any Student’s online postings or other electronic communications, including technology-facilitated Bullying, Stalking, Harassment, etc., occurring completely outside of the Recipient’s control (e.g., not on Recipient networks, websites, or between Recipient email accounts) will only be subject to the Policy when such online conduct can be shown to cause (or will likely cause) a substantial in-program disruption or infringement on/harm to the rights of others. Otherwise, such communications are considered speech protected by the First Amendment. Supportive measures for Complainants will be provided.

e.          Employees’ off-campus harassing speech, whether online or in person, may be regulated by the College only when such speech is made in an Employee’s official or work-related capacity, refers to other students or employees by personally identifiable use, or has a substantial impact on the CCS community.

(1)        A substantial CCS impact includes:

(a)        Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any federal, state, or local law;

(b)        Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any Student, Employee, or other individual;

(c)        Any situation that significantly impinges upon the rights, property, or achievements of others, significantly breaches the peace, and/or causes social disorder; or

(d)        Any situation that substantially interferes with the College’s educational interests or mission.

C.         Retaliation

 The College or any member of the CCS community, taking or attempting to take materially adverse action, by intimidating, threatening, coercing, harassing, or discriminating against any individual,

1.          for the purpose of interfering with any right or privilege secured by law or Policy, or

2.          because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Policy and associated procedures.

3.          Any Adverse Action taken against an individual because they engaged in Protected Activity.

a.          Protected Activity

Complaining about or reporting discrimination based on a protected characteristic (formally or informally) to any College employee or to any external government entity responsible for enforcement of anti-discrimination laws, participating in or cooperating with the investigation of a complaint of discrimination or a related disciplinary process, or opposing in a reasonable manner an action reasonably believed to constitute a violation of this Policy. Being accused of discrimination is not protected activity.

b.          Adverse Action

For retaliation purposes, an adverse action is any action taken against a person that is harmful to the point that it could dissuade a reasonable person from making or supporting a complaint of discrimination.

4.          The exercise of rights protected under the First Amendment does not constitute Retaliation. It is also not Retaliation for the College to pursue disciplinary action against those who make materially false statements in bad faith in the course of a resolution process under the Policy. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.

D.         Inclusion Related to Gender Identity/Expression

In accordance with the Michigan’s Elliott-Larsen Civil Rights Act and the Persons with Disabilities Act, CCS strives to ensure that all individuals are safe, included, and respected in their education and employment environments, regardless of their gender identity or expression, including intersex, nonbinary, transgender, agender, two-spirit, and gender-diverse students and employees.

1.          CCS does not tolerate Discrimination and Harassment on the basis of gender identity or expression. If a member of the CCS community believes they have been subjected to Discrimination or Harassment under the Policy, they should follow the appropriate reporting process described herein.

2.          In upholding the principles of belonging, CCS supports the full integration and healthy development of those who are gender diverse and seeks to eliminate any stigma related to gender identity and expression.

3.          The College is committed to fostering a climate where all identities are valued, contributing to a more vibrant and diverse community. CCS will administratively address issues some students and employees, including those identifying as intersex, nonbinary, transgender, agender, two-spirit, and gender diverse, may confront as they navigate systems originally designed around the assumption that gender is binary. As our society’s understanding of gender evolves, so do the College’s processes and policies.

4.          Concepts like Misgendering and Deadnaming may not be familiar to all but understanding them is essential to CCS’s goal of being as welcoming and inclusive a community as possible.

a.          Misgendering or mispronouncing is the intentional or unintentional use of pronouns or identifiers that are different from those used by an individual. Unintentional misgendering is usually resolved with an apology if someone clarifies their pronouns for you. Intentional misgendering is inconsistent with the type of community we hold ourselves out to be. We each have a right to determine our own gender identity and expression, but we don’t get to choose or negate someone else’s.

b.          Deadnaming, along with misgendering, can be very traumatic to a person who is transgender, transitioning, nonbinary, or gender diverse. Deadnaming means using someone’s birth-assigned (cisgender) name, rather than the name they have chosen.

(1)        To a person who is transgender, transitioning, nonbinary, or gender diverse, their cisgender identity may be something that is in their past — dead, buried, and behind them.

(2)        To then revive their deadname could trigger stressors, traumas, and experiences of the past that the individual has moved past, or is moving past, and can interfere with their health and well-being.

(3)        Unintentional deadnaming can be addressed by an apology and an effort to use the person’s name. Intentional deadnaming could be a form of bullying, outing, or otherwise harassing an individual, and thus should be avoided.

5.          The Policy should be interpreted consistent with the goals of maximizing the inclusion of intersex, nonbinary, transgender, transitioning, agender, two spirit, and gender-diverse Students and Employees, including:

a.          Maintaining the privacy of all individuals consistent with law

b.          Ensuring all Students equal access to educational programming, activities, and facilities, including restrooms and locker rooms

c.          Providing professional development for Employees and education for Students on topics related to gender inclusion

d.          Encouraging all Students and Employees to respect the pronoun usage and identities of all CCS community members

6.          The College uses a number of interventions to address concerns that are raised related to gender-based Discrimination or Harassment, including problem-solving, intervention, confrontation, investigation, and Policy enforcement. When conflicts arise between the rights of members of the community to be free from gender-identity Discrimination and those exercising their right to religious freedom, the College will try to balance rights and interests to find mutually agreeable outcomes or compromises. When that is not possible, the College will offer remedial solutions or enforce its Policies while also respecting the rights of all members of its community.

E.          Other Prohibited Conduct (when motivated by the Complainant’s Protected Characteristic(s)/status)

1.          Bullying:

a.          Repeated and/or severe aggressive behavior;

b.          that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish the Complainant, and

c.          that is not speech or conduct that is otherwise protected by the First Amendment.

2.          Endangerment:

a.          Threatening or causing physical harm;

b.          extreme verbal, emotional, or psychological abuse; or

c.          other conduct which threatens or endangers the health or safety of any person or damages their property.

3.          Hazing:

a.          Any act or action

b.          which does or is likely to endanger the mental or physical health or safety of any person

c.          as it relates to a person’s initiation, admission into, or affiliation with any CCS group or organization.

d.          For the purposes of this definition:

(1)        It is not necessary that a person’s initiation or continued membership is contingent upon participation in the activity, or that the activity was sanctioned or approved by the student group or student organization, for an allegation of Hazing to be upheld.

(2)        It shall not constitute an excuse or defense to a Hazing allegation that the participants took part voluntarily, gave consent to the conduct, voluntarily assumed the risks or hardship of the activity, or that no injury was suffered or sustained.

e.          The actions of alumni, active, new, and/or prospective members of a student group or student organization may be considered Hazing

F.          Failure to Comply/Process Interference

1.          Intentional failure to comply with the reasonable directives of the Director in the performance of their official duties, including with the terms of a no contact order;

2.          Intentional failure to comply with emergency removal or interim suspension terms;

3.          Intentional failure to comply with sanctions;

4.          Intentional failure to adhere to the terms of an Informal Resolution agreement;

5.          Intentional failure to comply with mandated reporting duties as defined in the Policy; or

a.          Intentional interference with a resolution process, including, but not limited to:

(1)        Destroying or concealing evidence;

(2)        Seeking or encouraging false testimony or providing false testimony or evidence; or

(3)        Intimidating or bribing a witness or party.

G.         Disability-Based Complaints

Complaints related to disability status and/or provision of accommodations are to be addressed to the Assistant Vice President of Campus Life at dlong@ccsdetroit.edu. However, allegations of Discrimination or Harassment on the basis of an actual or perceived disability, including instances in which the provision of reasonable accommodations has a discriminatory effect, will be resolved through this policy.

V.        REPORTING DISCRIMINATION, HARASSMENT AND RETALIATION

A.         By Complainant

A Formal Complaint informs the College that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a report and may decide at a later time to make a Formal Complaint. Reports or Formal Complaints may be made using any of the following options:

1.          Verbal Notice to the Director or one of the Director’s staff in the Director’s Office.

2.          Written report or Formal Complaint may be made at any time (including during non-business hours) by email or by mail, to the office of the Director.

a.          mhamilton@ccsdetroit.edu or Michelle Hamilton, 201 E. Kirby, Detroit, MI 48202

B.         By CCS Faculty and Employees (including Student-Employees), other than those deemed Confidential Employees,

Reports may be made using any of the following options:

3.          Verbal Notice to the Director or one of the Director’s staff in the Director’s Office.

4.          Written report or Formal Complaint may be made at any time (including during non-business hours) by email or by mail, to the office of the Director.

a.          mhamilton@ccsdetroit.edu or Michelle Hamilton, 201 E. Kirby, Detroit, MI 48202

C.         Anonymous Complaints If a Complainant wishes to pursue formal action regarding their allegations, they may report the incident to any Mandated Reporter. The Mandated Reporter will connect the Complainant with appropriate resources for reporting potential crimes and/or policy violations and will promptly forward the report to the Director. If the Complainant requests, or if required by law, the report will also be shared with law enforcement. Mandated Reporters are obligated to notify the Director of any potential allegations. Upon receiving the report, the Director will reach out to the Complainant to discuss next steps, including the option of involving law enforcement. If a Complainant specifically asks that law enforcement be contacted, the Mandated Reporter will first inform the Director, then immediately notify the appropriate authorities.

1.          At the request of a Complainant, a Mandated Reporter may give the Director notice without identifying the Complainant. The Mandated Reporter cannot remain anonymous themselves.

2.          If a Complainant has requested that a Mandated Reporter maintain the Complainant’s anonymity, the Mandated Reporter may do so unless it is reasonable to believe that a compelling threat to health or safety could exist. The Mandated Reporter can consult with the Director on that assessment without revealing personally identifiable information.

3.          Anonymous notices will be investigated by the Director to the extent possible, both to assess the underlying allegation(s) and to determine if supportive measures or remedies can be provided. However, anonymous notices typically limit the Director’s ability to investigate, respond, and provide remedies, depending on what information is shared.

4.          When a Complainant has made a request for anonymity, the Complainant’s personally identifiable information may be withheld by a Mandated Reporter, but all other details must be shared with the Director. Mandated reporters may not be able to maintain requests for anonymity for Complainants who are minors, elderly, and/or disabled, depending on state reporting of abuse requirements. Consult with the Director in such situations.

VI.      CONFIDENTIAL RESOURCES WITHOUT FILING A FORMAL COMPLAINT

A.         The following sections describe the available reporting options for a Complainant or third party (including parents/guardians when appropriate):

To enable Complainants to access support and resources without filing a Formal Complaint, CCS has designated specific employees as Confidential Resources. Those designated by the College as Confidential Resources are not required to report actual or suspected Discrimination, Harassment, Retaliation, or Other Prohibited Conduct in a way that identifies the Parties. They will, however, provide the Complainant with the Director’s contact information and offer options and resources without any obligation to inform an outside agency or CCS official unless a Complainant has requested the information be shared.

1.          If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with the following:

a.          On-campus licensed professional counselors and staff (students)

b.          U-will, online telehealth platform (students)

c.          Ulliance, online telehealth platform (employees)

d.          Institutional counselors are available to help free of charge and may be consulted on an emergency basis during normal business hours.

2.          In addition, Complainants may speak with individuals unaffiliated with the CCS without concern that Policy will require them to disclose information to the institution without permission. Such individuals include:

a.          Licensed professional counselors and other medical providers

b.          Local rape crisis counselors

c.          Domestic Violence resources

d.          Local or state assistance agencies

e.          Clergy/Chaplains

f.           Attorneys

3.          Employees who have confidentiality as described above, and who receive reports within the scope of their confidential roles, will timely submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful.

4.          Failure of a Mandated Reporter, as described above, to report an incident of Discrimination, Harassment, Retaliation, Title IX, or Other Prohibited Conduct of which they become aware is a violation of CCS policy and can be subject to disciplinary action for failure to comply/failure to report. This also includes situations when a Respondent is a Mandated Reporter. Such individuals are obligated to report their own misconduct, and failure to do so is a chargeable offense under the Policy.

5.          A Mandated Reporter who is themselves a target of Discrimination, Harassment, Retaliation, Title IX, or Other Prohibited Conduct under the Policy is not required to report their own experience, though they are encouraged to do so.

B.         Time Limitations.

There is no time limitation on providing Notice/Formal Complaints to the Director. However, if the Respondent is no longer subject to the College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.

1.          Acting on Notice/Formal Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of Policy) is at the Director’s discretion; they may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

C.         False Reports

1.          Deliberately false and/or malicious accusations under the Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a Policy violation determination. False allegations may be a form of Harassment or Retaliation or may fall within other CCS policies.

2.          Witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation, hearing, or informal resolution can be subject to discipline under appropriate CCS policies.

VII.    SUPPORTIVE MEASURES

A.         Supportive Measures Offered to all Parties.

1.          CCS will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and as reasonably available. They are offered, without fee or charge to the Parties, to restore or preserve access to the College’s Education Program or Activity, including measures designed to protect the safety of all Parties and/or the College’s educational environment and/or to deter Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

2.          The Director promptly makes supportive measures available to the Parties upon receiving Notice or a Formal Complaint. At the time that supportive measures are offered, if a Formal Complaint has not been filed, the Director will inform the Complainant, in writing, that they may file a Formal Complaint with the Director either at that time or in the future. The Director will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures.

3.          The Director will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair the College’s ability to provide those supportive measures. CCS will act to ensure as minimal an academic/occupational impact on the Parties as possible. The College will implement measures in a way that does not unreasonably burden another party.

4.          These actions may include alternative campus housing assignments, alternative work arrangements, academic support service including extensions or adjustments to assignments, and any other actions deemed appropriate by the Director.

5.          Violations of no contact orders or other restrictions may be referred to appropriate Student or Employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing resolution process under the Policy.

VIII. CONFIDENTIALITY/PRIVACY 

CCS makes every effort to preserve the Parties’ privacy. The College will not share the identity of any individual who has made a report of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct; any Complainant; any individual who has been reported to be the perpetrator of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct; any Respondent; or any witness, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title IX), the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as required by law; including any investigation or resolution proceeding arising under these policies and procedures.

Further, Parties and Advisors are expected to maintain the confidentiality of all information created by or shared with them by the Director during any investigation and/or resolution process. Parties are entitled to share their own accounts and experiences but are encouraged to consider the sensitivity of the matter if they do so and should consult with their Advisors on any potential implications of doing so.

IX.      AMNESTY 

A.         The CCS community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report alleged misconduct to CCS officials or participate in resolution processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

1.          It is in the best interests of the CCS community that Complainants choose to report misconduct to CCS officials, that witnesses come forward to share what they know, and that all Parties be forthcoming during the process.

2.          To encourage reporting and participation in the process, CCS offers Parties and witnesses amnesty from minor policy violations, such as underage alcohol consumption or the use of illicit drugs, related to the incident. Granting amnesty is a discretionary decision made by the College, and amnesty does not apply to more serious allegations, such as physical abuse of another or illicit drug distribution.

B.         Students

The College also maintains an amnesty policy for Students in addition to witnesses who offer help to others in need.

C.         Employees

Sometimes, Employees are hesitant to report Discrimination, Harassment, Retaliation, or Other Prohibited Conduct they have experienced for fear that they may get in trouble themselves. The College may, at its discretion, offer Employee Complainants amnesty from such policy violations (typically more minor policy violations) related to the incident.

X.        FEDERAL STATISTICAL REPORTING OBLIGATIONS 

A.         Certain institutional officials (those deemed Campus Security Authorities) have a duty to report the following for federal statistical reporting purposes (Clery Act):

1.          All “primary crimes,” which include criminal homicide, Sexual Assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson

2.          Hate crimes, which include any bias-motivated primary crime as well as any bias-motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property

3.          Violence Against Women Act (VAWA-based crimes), which include Sexual Assault, Domestic Violence, Dating Violence, and Stalking

4.          Arrests and referrals for disciplinary action for weapons law violations, liquor law violations, and drug law violations

5.          All personally identifiable information is kept private, but statistical information regarding the type of incident and its general location (on or off campus or in the surrounding area, but no addresses are given) must be shared with the Clery Coordinator for publication in the Annual Security Report and daily campus crime log. Campus Security Authorities include Student Affairs, student conduct staff, campus security, local police, coaches, residence life staff, student activities staff, human resources staff, advisors to student organizations, and any other official with significant responsibility for student and campus activities.

XI.      INDEPENDENCE AND CONFLICT OF INTEREST

The Director manages and acts with independence and authority, free from bias and conflicts of interest. The Director oversees all Resolutions under the Policy and associated procedures. The members of the Resolution Process Pool are vetted and trained to ensure they are not biased for or against any party in a specific Formal Complaint, or for or against Complainants and/or Respondents, generally.

A.         To raise any concern involving bias, conflict of interest, misconduct, or Discrimination by the Director, contact the Assistant Vice President of Campus Life and Dean of Students.

B.         Concerns of bias, misconduct, Discrimination, or a potential conflict of interest by any CCS member should be raised with the Director.

XII.    POLICY REVISION 

The Policy and associated procedures succeed all previous policies addressing Discrimination, Harassment, sexual misconduct, and/or Retaliation, for incidents occurring on or after August 14, 2020. The Director regularly reviews and updates the Policy and procedures. Incidents occurring before August 14, 2020, will be addressed using the policy that was in place at the time of the incident, but the procedures used will be those in place at the time of the Formal Complaint. The College reserves the right to make changes to this document as necessary, and those changes are effective once they are posted online.

A.         If laws or regulations change or court decisions alter policy or procedural requirements in a way that impacts this document, this document will be construed to comply with the most recent laws, regulations, or court holdings.

B.         This document does not create legally enforceable protections beyond the protections of the background federal and state laws that frame such policies and codes, generally.

C.         A change required by a court or government order could occur during an active investigation or resolution process. If that happens, the College reserves the right to adjust the Policy and Procedures accordingly and notify the Parties of any necessary mid-process changes. This could include entirely replacing the Policy or associated procedures, which could necessitate restarting an investigation or resolution process. The College will make every effort to minimize the impact on the Parties as much as possible if changes are unavoidable.

D.         The Policy is effective on the date signed by the President of the College.

XIII. EXTERNAL CONTACT INFORMATION 

Concerns about the College’s application of the Policy and compliance with certain federal civil rights laws may be addressed to:

Office for Civil Rights (OCR)

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-1100

Customer Service Hotline: (800) 421-3481

Facsimile: (202) 453-6012

TDD: (877) 521-2172

Email: OCR@ed.gov

Web: http://www.ed.gov/ocr

The Equal Employment Opportunity Commission

Patrick V. McNamara Building

477 Michigan Avenue

Room 865

Detroit, MI 48226

Phone   313-774-0020

Fax  313-226-4610

TTY 1-800-669-6820

ASL Video Phone     844-234-5122

Director:   Ramiro Gutierrez

Regional Attorney:  Kenneth Bird

Michigan Department of Civil Rights (“MDCR”)

Detroit Executive Office/Service Center

3054 West Grand Boulevard

Suite 3-600

Detroit, MI 48202

Phone 313-456-3700

Toll Free   800-482-3604

Fax 313-456-3701

Executive Director: John E. Johnson, Jr.

XIV.  EFFECTIVE DATE

A.         Effective Date:  September 17, 2025

This Policy will become effective upon the date of approval by the President.

B.         Date of Most Recent Review:  September 18, 2025

_______________________________________________

COLLEGE FOR CREATIVE STUDIES ADMINISTRATIVE RESOLUTION PROCEDURES FOR ALLEGED CIVIL RIGHTS AND NON-TITLE IX VIOLATIONS OF ITS POLICY ON PREVENTING AND ADDRESSING DISCRIMINATION, HARASSMENT, AND RETALIATION

PROCESS B

1. Overview

The College will act on any Notice/Formal Complaint of violation of the College for Creative Studies Policy on Preventing and Addressing Discrimination, Harassment, and Retaliation (Non-Title IX Policy).

This Process applies to all allegations that fall outside of the College’s Sexual Misconduct and Other Acts of Interpersonal Violence Policy (the “Title IX  Policy”). Occasionally, a Formal Complaint will include conduct that falls within both Processes A and B. When that occurs, Process A will typically be used to address all allegations. The choice between applying Process A or B is solely at the Director’s discretion.

2. Notice/Complaint

Upon receipt of Notice or a Formal Complaint of an alleged Policy violation, the Director of Civil Rights and Title IX Compliance (hereafter “the Director” or “Director”) will initiate a prompt initial assessment to determine the College’s next steps. The Director will contact the Complainant to offer supportive measures, if applicable, and provide information regarding resolution options, and determine how they wish to proceed.

3. Initial Assessment

The Director of Civil Rights and Title IX Compliance (hereafter “the Director” or “Director”) conducts an initial assessment, typically within five (5) business days of receiving Notice. The initial assessment typically includes:

·      Assessing whether the reported conduct may reasonably constitute a Policy violation

·      Determining whether the College has jurisdiction over the reported conduct

·      Offering and coordinating supportive measures for the Parties

·      Notifying the Complainant, or the person who reported the allegation(s), of the available resolution options

·      Determining whether the Complainant wishes to file a Formal Complaint

·      Notifying the Respondent of the available resolution option if a Formal Complaint is made

4. Helping a Complainant to Understand Resolution Options

If the Complainant indicates they wish to initiate Formal Grievance Process, the Director will work with the Complainant to determine which resolution option they want to pursue. The Director will seek to abide by the wishes of the Complainant but may have to take an alternative approach depending on their analysis of the situation.

Upon receiving a complaint that falls under the Administrative Resolution Process, the Director will initiate an investigation.

If any party indicates that they want to pursue an Informal Resolution option, the Director will refer the matter to the appropriate individuals(s) if the Director determines Informal Resolution is available and the other parties consent to participate.

If the Complainant does not want any action taken, the Director will consider that request, and in most circumstances no resolution process will be initiated (unless deemed necessary by the Director), though the Complainant can elect to initiate one later, if desired.

The Director may consider elements such as patterns of behavior, predation, threats, violence, use of weapons, involvement of minors, or threat(s) to the CCS community, in determining whether to initiate a resolution process.

5. Director’s Authority to Initiate the Administrative Resolution Process

The Director has ultimate discretion as to whether to pursue an Administrative Resolution Process and may consult with appropriate CCS Employees, and/or conduct a violence risk assessment to aid their determination whether to initiate a complaint.

When the Director initiates a complaint, they do not become the Complainant. The Complainant is the person who experienced the alleged misconduct. If the Director declines to initiate a complaint, alternative processes may be available and can be explored with the Director.

The process followed considers the Parties’ preference but is ultimately determined at the Director’s discretion. If at any point during the initial assessment or investigation the Director determines that reasonable cause does not support the conclusion that Respondent violated the Policy, the process will end, and the Parties will be notified.

The Complainant may request that the College review the reasonable cause determination and/or re-open the investigation. This decision lies in the sole discretion of the Director, but the request is usually only granted in extraordinary circumstances.

6. Interim Suspension

The College may interim suspend a Student accused of a violation of this Policy upon receipt of Notice or at any time during the Administrative Resolution Process.

When an interim suspension is imposed, wholly or partially, the affected Student will be notified of the action, which will include a written rationale, and the option to challenge the interim suspension within two (2) business days of the notification. Upon receipt of a challenge, the Director will meet with the student (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action should not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the interim suspension is appropriate, should be modified, or should be lifted. When this meeting is not requested within two (2) business days, objections to the interim suspension will be deemed waived. A student can later request a meeting to show why they no longer pose a safety concern because the related conditions have changed. A Complainant and their Advisor may be permitted to participate in this meeting if the Director determines it is fair for them to do so.

The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Director for review.

An interim suspension may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Director will communicate the final decision in writing, typically within three (3) business days of the review meeting.

7. Placing an Employee on Leave

When the Respondent is an Employee, or a Student-Employee accused of misconduct in the course of their employment, existing provisions within the Staff Handbook or Faculty Handbook for interim action are typically applicable instead of the above emergency removal process.

8. Counter-Complaints

The College is obligated to ensure that the Administrative Resolution Process is not abused for retaliatory purposes. Although the College permits the filing of counter-complaints, the Director will use an initial assessment, described above, to assess whether the allegations in the counterclaim are made in good faith. When counter-complaints are not made in good faith, they will not be permitted. They will be considered potentially retaliatory and may constitute a Policy violation.

Counter-complaints determined to have been reported in good faith will be processed using the Administrative Resolution Process below. At the Director’s discretion, investigation of such claims may take place after resolution of the underlying initial allegations.

9. Advisors in the Administrative Resolution Process

The Parties may each have an Advisor of their choice present with them for all meetings and interviews within the Administrative Resolution Process. For employees, CCS will comply with federal, state, or local laws and regulations concerning representation at meetings (e.g., Weingarten Rules) that may potentially lead to discipline.

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the College with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.

a.          Who Can Serve as an Advisor?

The parties may each have an Advisor (friend, mentor, family member, attorney, or any other individual a party chooses) present with them for all meetings, interviews, and hearings within the resolution process. The parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.

The Director will offer to assign a trained Advisor to any party. If the parties choose an Advisor from the CCS’s Resolution Process Pool, the College will have trained the Advisor and familiarize them with the College’s Administrative Resolution Process.

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 an attorney to advise that party.

If a party requests that all communication be made through their attorney Advisor instead of to the party, the College will agree to copy both the party and their Advisor on all communications.

b.          Advisor’s Role in the Administrative Resolution Process

Advisors should help the Parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so.

The parties are expected to respond to questions on their own behalf throughout the Administrative Resolution Process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed. For longer or more involved discussions, the Parties and their Advisors should ask for breaks to allow for private consultation.

c.          Advisor Expectations

The College generally expects an Advisor to adjust their schedule to allow them to attend case-related meetings/interviews when planned, but the Director may change scheduled meetings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

The College may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting/interview by telephone, video conferencing, or other similar technologies as may be convenient and available.

All Advisors are subject to the same CCS policies and procedures, whether they are attorneys or not. Advisors are expected to advise without disrupting proceedings.

d.          Advisor Policy Violations

Any Advisor who oversteps their role as defined by the Policy, who shares information in a manner inconsistent with the Policy, or who refuses to comply with the College’s established rules of decorum will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview may be ended, or other appropriate measures implemented, including the College requiring the party to use a different Advisor or providing a different CCS-appointed Advisor. Subsequently, the Director will determine how to address the Advisor’s non-compliance and future role.

10.  Resolution Options Overview

The Administrative Resolution Process is the College’s primary resolution approach unless all parties and the Director agree to an Informal Resolution. The process considers the parties’ preferences but is ultimately determined at the Director’s discretion.

Resolution proceedings are private. All persons present at any time during a resolution process are expected to maintain the privacy of the proceedings in accordance with the Policy.

a.          Informal Resolution

To initiate Informal Resolution, a Complainant or Respondent may make such a request to the Director at any time prior to a Final Determination, or the Director may offer the option to the parties. The Director will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution.

Three approaches to Informal Resolution are detailed in this section.

·   Supportive Resolution. When the Director can resolve the matter informally by providing supportive measures (only) designed to remedy the situation. Supportive Resolution involves only the party who opts for it.

·   Accepted Responsibility. When the Respondent accepts responsibility for violating Policy and accepts the recommended sanction(s), and the Complainant(s) and CCS are agreeable to the resolution terms.

·   Alternative Resolution. When the Parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below.

It is not necessary to pursue Informal Resolution first in order to pursue an Administrative Process. Any party participating in Informal Resolution can withdraw from the Informal Resolution Process at any time and initiate or resume the Administrative Resolution Process.

The parties may agree, as a condition of engaging in Informal Resolution, on what statements made or evidence shared during the Informal Resolution process will not be considered in the Administrative Resolution Process should Informal Resolution not be successful.

If an investigation is already underway, the Director has discretion to determine if an investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.

Prior to implementing Informal Resolution, the Director will provide the parties with written notice of the reported misconduct and any sanctions (only in the case of Accepted Responsibility) or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by the Director.

i.           Supportive Resolution

Most commonly offered once a complaint is filed (whereas supportive measures are offered in response to Notice. The Director will meet with the Complainant to determine reasonable supports that are designed to restore or preserve the Complainant’s access to the College’s education program and activity. Such supports can be modified as the Complainant’s needs evolve over time or circumstances change. If the Respondent has received the Notice of Investigation and Allegations (NOIA), the Director may also provide reasonable support for the Respondent as deemed appropriate. This option is available when the Complainant does not want to engage the other resolution options, and the Director does not believe there is a need to sign a complaint. At the discretion of the Director, this resolution option can result in an agreement between the Complainant and the Director that does not require assent from any other party, as long as it does not unduly burden any other party or function punitively with respect to them.

ii.          Accepted Responsibility

The Respondent may accept responsibility for any or all of the alleged policy violations at any point during the Administrative Resolution Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the Director will determine whether Informal Resolution is an option.

If Informal Resolution is available, the Director will determine whether all parties and the College are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. If so, the Director will enter a finding that the Respondent is in violation of CCS Policy, and will implement agreed-upon restrictions and remedies, and determines the appropriate responses in coordination with other appropriate administrator(s), as necessary.

This resolution is not subject to appeal once all parties indicate their written agreement to all resolution terms. When the parties cannot agree on all terms of resolution, the Administrative Resolution Process will either begin or resume.

When a resolution is reached, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the Discrimination or Harassment, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the CCS community; and other forms of resolution that can be tailored to the needs of the parties.

iii.        Alternative Resolution

Some alternative resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. All parties must consent to the use of an alternative resolution approach, and the parties may, but are not required to, have direct or indirect contact during an alternative resolution process.

The Director may consider the following factors to assess whether alternative resolution is appropriate, or which form of alternative resolution may be most successful for the parties:

·   The parties’ amenability to alternative resolution

·   Likelihood of potential resolution, considering any power dynamics                  

between the parties

·   The nature and severity of the alleged misconduct

·   The parties’ motivation to participate

·   Civility of the parties

·   Results of a violence risk assessment/ongoing risk analysis

·   Respondent’s disciplinary history

·   Whether interim action is needed

·   Skill of the alternative resolution facilitator with this type of complaint

·   Complaint complexity

·   Emotional investment/capability of the parties

·   Rationality of the parties

·   Goals of the parties

·   Adequate resources to invest in alternative resolution (e.g., time, staff)

The Director has the authority to determine whether alternative resolution is available or successful, to facilitate a resolution that is acceptable to all parties, and/or to accept the parties’ proposed resolution, usually through their advisors, often including terms of confidentiality, release, and non-disparagement.

Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the alternative resolution process. The Director will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the alternative resolution.

The Director maintains records of any resolution that is reached and will provide notification to the parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the agreement and resumption of the Administrative Resolution Process, referral to the conduct process for failure to comply, application of the enforcement terms of the agreement). Where the failure to abide by the Informal Resolution agreement terms results in a failure to remedy a policy violation, the Director must consider whether to dissolve the agreement and reinstate the Administrative Resolution Process to remedy the impact as required by law. The results of reports resolved by alternative resolution are not appealable.

If an Informal Resolution option is not available or selected, the Director will initiate or continue an investigation and subsequent Administrative Resolution Process to determine whether the policy has been violated.

b.          Administrative Resolution Process

Administrative Resolution can be pursued at any time during the process for any behavior for which the Respondent has not accepted responsibility that would constitute conduct covered under this Policy if proven. Administrative Resolution starts with a thorough, reliable, and impartial investigation.

i.           If Administrative Resolution is initiated, the Director will provide written notification of the investigation to the parties at an appropriate time during the investigation. Typically, notice is given at least two (2) business days in advance of an interview. Advanced notice facilitates the parties’ ability to identify and choose an Advisor, if any, to accompany them to the interview.

ii.          Written notification will include a meaningful summary of the allegations and the policies alleged to have been violated and may be delivered by one or more of the following methods: in person, mailed to the parties’ local or permanent address as indicated in official CCS records, or emailed to the parties’ CCS-issued or other approved email account. Once mailed, emailed, and/or received in-person, notice is presumptively delivered.

iii.        The College aims to complete all investigations within a sixty (60) business days’ time period, which can be extended by the Director as necessary for appropriate cause. Investigations can take weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc.

iv.         Once an investigation is initiated, the Director appoints an Investigator(s) to conduct it. These investigators may be members of the pool, or any other properly trained investigator, whether internal or external to the CCS community.

(1)        The College will make a good faith effort to complete the investigation as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.

(2)        The Director may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include, but are not limited to, a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of parties and/or witnesses, and/or health conditions. The Director will promptly resume its Resolution Process as soon as feasible. During such a delay, the Director will implement and maintain supportive measures for the parties as deemed appropriate.

(3)        CCS action(s) are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

(4)        All investigations are thorough, reliable, impartial, prompt, and fair. They involve interviewing all available, relevant parties and witnesses, obtaining Relevant Evidence, and identifying sources of expert information, as necessary.

11.  Notice of Investigation and Allegations

The Director will provide the parties written Notice of the Investigation and Allegations (the “NOIA”) upon commencement of the Administrative Resolution Process. Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available. For climate/culture investigations that do not have an identifiable Respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated.

The NOIA will include:

·   A meaningful summary of all allegations

·   The names of the parties involved (if known)

·   The precise misconduct being alleged

·   The date and location of the alleged incident(s) (if known)

·   The specific policies/offenses implicated

·   A description of, link to, or copy of the applicable procedures

·   A statement that the College presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a Final Determination that the Policy has been violated

·   The name(s) of the Investigator(s), along with a process to notify the Director of any conflict of interest that the Investigator(s) may have in advance of the interview process

·   A statement that determinations of responsibility are made at the conclusion of the process

·   A statement of the potential sanctions/responsive actions that could result

·   A statement about CCS’s policy on Retaliation

·   Information about process confidentiality

·   Information on the option for each party to have an Advisor of their choosing and suggestions for ways to identify an Advisor

·   A statement informing the parties that the College’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the Administrative Resolution Process

·   Information about how a party may request disability accommodations or other support assistance during the Administrative Resolution Process

·   An instruction to preserve any evidence that is directly related to the allegations

Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the parties’ local or permanent address(es) as indicated in official CCS records, or emailed to the parties’ CCS-issued email or other approved accounts. Once mailed, emailed, and/or received in-person, notice is presumptively delivered.

12.  Respondent Admits Responsibility

If a Respondent elects to admit to the charged violations and waive further process at any point in the Administrative Resolution Process, the Director is authorized to accept that admission, adopt it as their Finding/Final Determination, and administer sanctions. If the Respondent rejects the Finding/Final Determination/sanctions, or does not admit to all charged violations, the Administrative Resolution Process continues to its conclusion. The Complainant retains their right to appeal a Final Determination when a Respondent admits responsibility.

13.  Investigation Process

a.          All investigations are thorough, reliable, impartial, prompt, and fair. They involve interviewing all available, relevant parties and witnesses, obtaining Relevant Evidence, and identifying sources of expert information, as necessary.

b.          After an interview, parties and witnesses will be asked to verify the accuracy of the recording, transcript, or summary of their interview. They may submit changes, edits, or clarifications. If the parties or witnesses do not respond within the time period designated for verification, objections to the accuracy of the recording, transcript, or summary will be deemed to have been waived, and no changes will be permitted.

c.          The College may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondent(s), when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions.

d.          Investigations involve the following:

·   Determining the identity of and contacting all involved parties and potential witnesses to participate in an investigation interview

·   Identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for the parties and witnesses

·   Providing written notification of the date, time, and location of all investigation meetings, including the expected participants and purpose

·   Conducting any necessary follow-up interviews with parties or witnesses

·   Providing the parties and witnesses an opportunity to verify the accuracy of either a summary or transcript of their interview(s)

·   Soliciting the names of suggested witnesses and questions each party wishes to have asked of another party or witness

·   Writing an Investigation Report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation and party and witness interviews, and provides all Relevant Evidence

·   Providing the Director with a Draft Investigation Report, including assessment and synthesis of Relevant Evidence, and engaging in discussions with the Director and/or legal counsel

·   Making recommendations for the Director regarding factual support for a determination on whether the Respondent(s) engaged in conduct that violated the Policy

·   Making credibility determinations relating to the findings and recommendations

14.  Witness Role and Participation in the Investigation

a.          Witnesses who are CCS employees are strongly encouraged to cooperate with and participate in the College’s investigation and Administrative Resolution Process. Student witnesses and witnesses from outside the CCS community are encouraged to cooperate with the College’s investigations and to share what they know about a complaint.

b.          Party and/or witness interviews may be conducted in person, via online video platforms (e.g., Zoom, Microsoft Teams, FaceTime, WebEx), or, in limited circumstances, by telephone. The College will take appropriate steps to ensure the security/privacy of remote interviews.

c.          Parties and witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred.

d.          It is standard practice for Investigators to create a record of all interviews pertaining to the Administrative Resolution Process, by recording, transcript, or written summary. The parties may review copies of their own interviews upon request. No unauthorized audio or video recording of any kind is permitted during investigation meetings.

e.          All interviews are transcribed, and all involved persons should be made aware that their interviews are being recorded. The transcript of those meetings will be provided to the parties for their review, after which the parties may suggest additional questions to be asked of another party or witness or additional witnesses. Those subsequent meetings or interviews are also recorded and/or transcribed.

15.  Ensuring Impartiality

a.          No individual materially involved in the administration of the Administrative Resolution Process, including the Director, Investigator(s), and Decision-maker(s), may have or demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.

b.          The Director will vet the assigned Investigator(s), Decision-maker(s), and Appeal Decision-maker(s) for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. The Parties may raise a concern regarding bias or conflict of interest at any time during the Administrative Resolution Process, and the Director will determine whether the concern is reasonable and supportable. If so, another pool member, or other trained individual, will be assigned, and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Director, concerns should be raised with the Assistant Vice President of Campus Life.

c.          The Administrative Resolution Process involves an objective evaluation of all Relevant Evidence obtained, including evidence that supports that the Respondent violated the Policy and evidence that supports that the Respondent did not violate the Policy. Credibility determinations will not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness. All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence, and to receive a written Investigation Report that accurately summarizes this evidence.

16.  Evidentiary Exclusions

a.          Unless the Investigator determines it is appropriate, the investigation and the Finding do not consider: (1) incidents not directly related to the possible violation(s), unless they evidence a pattern; (2) the irrelevant sexual behavior of the parties (though there may be a limited exception made with regard to the sexual behavior between the parties); (3) irrelevant character evidence.

b.          Although the Respondent’s previous conduct violations (if any) are not generally admissible as information supporting the current allegation(s), the Director may supply the Investigator with information about previous good faith allegations and/or findings when that information suggests potential pattern and/or predatory conduct.

c.          The Recipient uses a progressive discipline system, thus previous disciplinary action of any kind involving the Respondent may be considered in determining the appropriate sanction(s).

d.          Character witnesses or evidence may be offered. The Investigator will determine if the character evidence is relevant. If so, it may be considered. If not, it will be excluded.

e.          A party or witness’ records that are made or maintained by a physician, psychologist, or psychiatrist are inadmissible unless the party or witness provides voluntary, written consent for the records to be considered.

17.  Resolution Timeline

The College will make a good faith effort to complete the Administrative Resolution Process within sixty (60) business days. The parties will receive regular updates on the progress of the Administrative Resolution Process, as well as notification and a rationale for any extensions or delays, and an estimate of how much additional time will be needed to complete the process.

Investigations are completed expeditiously, normally within thirty (30) business days, though some investigations may take longer, depending on the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors.

CCS action(s), or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

The College will make a good faith effort to complete the Administrative Resolution Process as promptly as circumstances permit and will regularly communicate with the parties to update them on the progress and timing of the process.

18.  Final Determination and Sanctions

a.          Within two to three (2-3) business days of receiving the Investigator’s Final Investigation Report, the Director, in consultation with the other administrators (Human Relations or Student Affairs Office, or legal counsel) then makes the Final Determination by applying the standard of a preponderance of the evidence. If the record is incomplete, the Director may direct the Investigator(s) to reopen the investigation, or may direct or conduct any additional inquiry necessary, including meeting informally with the parties or any witnesses if needed.

b.          Once the Investigator closes the Investigation and issues its Final Determination, the Director will contact the sanctioning authority who will determine the appropriate sanction to be applied. The sanctioning authority may consider any impact or mitigation statements provided by the parties.

c.          The Director will provide the parties with a written outcome notification within three (3) business days of the issuance of the Final Report.

d.          After receipt of the sanction determined by the sanctioning authority, the Director will provide notification to the parties of the Final Outcome and the sanction to be imposed, if applicable. The notice from the Director will also specify whether any continuing supportive measures will be continued.

e.          Notice may be delivered by one or more of the following methods: in person, mailed to the parties’ local or permanent address as indicated in official CCS records, or emailed to the parties’ CCS-issued or other approved email account. Once mailed, emailed, and/or received in-person, notice is presumptively delivered.

19.  Sanctions

Factors the Decision-maker may consider when determining sanctions and responsive action include, but are not limited to:

·   The nature, severity of, and circumstances surrounding the violation(s)

·   The Respondent’s disciplinary history

·   The need for sanctions/responsive actions to bring an end to the Policy violation

·   The need for sanctions/responsive actions to prevent the future recurrence of the Policy violation

·   The need to remedy the effects of the Policy violation upon the Complainant and the community

·   The impact on the parties or community

·   The Respondent’s acknowledgement of responsibility or contrition

·   Any remedial measures or mitigation undertaken by the Respondent

·   Any other information deemed relevant by the sanctioning authority

The sanctions will be implemented as soon as is feasible once a Determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.

The sanctions described in the procedures are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.

a.          Student Sanctions

The following are the common sanctions that may be imposed upon students singly or in combination:

·   Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any CCS policy, procedure, or directive will result in more severe sanctions/responsive actions

·   Required Counseling: A mandate to meet with and engage in either CCS-sponsored or external counseling to better comprehend the misconduct and its effects

·   Restrictions: A student may be restricted in their activities, including, but not limited to, being restricted from locations, programs, participation in certain activities or extracurriculars, study abroad, or holding leadership roles in student organizations

·   Probation: An official sanction for violation of CCS policy, providing for more severe disciplinary sanctions if the student is found in violation of any CCS policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.

·   Suspension: Separation from the College, or one or more of its facilities, for a defined period of time, typically not to exceed two (2) years, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension, on successfully applying for readmission, or upon a general condition that the student is eligible to return if the College determines it is appropriate to re-enroll/readmit the student. The student is typically required to vacate CCS property within 24 hours of notification of the action, though this deadline may be extended at the discretion of the Director of Civil Rights and Title IX Compliance or other appropriate official. During a college-wide suspension, the student is banned from CCS property, functions, events, and activities unless they receive prior written approval from an appropriate CCS official. This sanction may be enforced with a trespass action, as necessary. This sanction may be noted as a Disciplinary Suspension on the student’s official academic transcript, per CCS policy and/or state law.

·   Expulsion: Permanent separation from the College. The student is banned from CCS property, and the student’s presence at any CCS-sponsored activity or event is prohibited. This action may be enforced with a trespass action, as necessary. This sanction may be noted as Disciplinary Expulsion on the student’s official academic transcript, per CCS policy and/or state law.

·   Withholding Diploma: The College may withhold a student’s diploma for a specified period of time and/or deny a student’s participation in commencement activities as a sanction if the student is found responsible for violating the Policy

·   Revocation of Degree: While very rarely exercised, the College reserves the right to revoke a degree previously awarded by the College for fraud, misrepresentation, and/or other violation of CCS policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation

·   Other Actions: In addition to, or in place of, the above sanctions, the College may assign any other sanctions as deemed appropriate

b.          Student Organization Sanctions

The following are the common sanctions that may be imposed upon student groups organizations singly or in combination:

·   Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any CCS policy, procedure, or directive will result in more severe sanctions/responsive actions

·   Probation: An official sanction for violation of CCS policy, providing for more severe disciplinary sanctions if the group or organization is found in violation of any CCS policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social and event privileges, denial of CCS funds, ineligibility for honors and awards, restrictions on new member recruitment, no-contact orders, and/or other measures deemed appropriate.

·   Suspension: Termination of student group or organization recognition and/or CCS support for a defined period of time not to exceed two (2) years and/or until specific criteria are met. During the suspension period, a student group or organization may not conduct any formal or informal business or participate in CCS-related activities, whether they occur on or off campus. Re-recognition is possible but not guaranteed and will only be considered after the end of the suspension period and based on meeting all re-recognition criteria and obtaining clearance from the College.

·   Expulsion: Permanent termination of student group or organization recognition and revocation of the privilege to congregate and conduct business on campus as an organization for any reason

·   Loss of Privileges: Restricted from accessing specific CCS privileges for a specified period of time

·   Other Actions: In addition to, or in place of, the above sanctions, the College may assign any other sanctions as deemed appropriate

c.          Employee Sanctions/Responsive/Corrective Actions

Responsive actions for an employee who has engaged in a violation of the Policy include, singly or in combination:

·   Verbal or Written Warning

·   Performance Improvement Plan/Management Process

·   Enhanced Supervision, Observation, or Review

·   Required Counseling

·   Required Training or Education

·   Probation

·   Denial of Pay Increase/Pay Grade

·   Loss of Oversight or Supervisory Responsibility

·   Demotion

·   Transfer

·   Shift or schedule adjustments

·   Reassignment

·   Delay of (or referral for delay of) Tenure Track Progress

·   Assignment to a New Supervisor

·   Restriction of Stipends, Research, and/or Professional Development           Resources

·   Suspension/Administrative Leave with Pay

·   Suspension/Administrative Leave without Pay

·   Termination

·   Other Actions: In addition to, or in place of, the above sanctions/responsive actions, the College may assign any other responsive actions as deemed appropriate

20.  Withdrawal or Resignation Before Complaint Resolution

a.          Students

i.           Should a Respondent decide not to participate in the Administrative Resolution Process, the process proceeds absent their participation to a reasonable resolution. If a Student Respondent withdraws from the College, the Administrative Resolution Process typically ends with a dismissal, as the College has lost primary disciplinary jurisdiction over the withdrawn student. However, the College may continue the Administrative Resolution Process when, at the discretion of the Director, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged Policy violation.

ii.          Regardless of whether the Formal Complaint is dismissed or pursued to completion of the Administrative 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 Policy violation.

iii.        When a student withdraws or takes a leave of absence while the process is pending, the Student may not return to the College in any capacity until the allegations are resolved and any sanctions imposed are satisfied. If the student indicates they will not return, the Director has discretion to dismiss the allegations and bar the student from returning. The Registrar, Office of Admissions, and HR may be notified accordingly.

iv.         If the Student Respondent takes a leave of absence for a specified period of time (e.g., one semester or term), the Administrative Resolution Process may continue remotely. If found in violation, that student is not permitted to return to CCS unless and until all sanctions, if any, have been satisfied.

b.          Employees

i.           Should an Employee Respondent decide not to participate in the Administrative Resolution Process, the process proceeds, absent their participation to a reasonable resolution. If an Employee Respondent leaves their employment with the College with unresolved allegations pending, the Administrative Resolution Process typically ends with dismissal, as the College has lost primary disciplinary jurisdiction over the former employee. However, the College may continue the Administrative Resolution Process when, at the discretion of the Director, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged Policy violation.

ii.          Regardless of whether the allegations are dismissed or pursued to completion of the Administrative 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 violation.

iii.        When an employee resigns and the allegations are dismissed, the employee may not return to the College in any capacity. The Registrar, Office of Admissions, and HR will be notified accordingly. A note will be placed in the employee’s file that they resigned with allegations pending and are not eligible for academic admission or rehire with the College. The records retained by the Director will reflect that status.

21.  Appeals

There are no appeals from the decision on a Policy violation under Process B unless a contract or collective bargaining agreement provides otherwise. In that case, CCS will follow the contractually mandated process for administering the appeal.

22.  Long-Term Remedies/Actions

Following the conclusion of the Administrative Resolution Process, and in addition to any sanctions implemented or Informal Resolution terms, the Director may implement additional long-term remedies or actions with respect to the parties and/or the CCS community that are intended to stop the Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct, remedy the effects, and prevent its recurrence.

These remedies/actions may include, but are not limited to:

·   Referral to counseling and health services

·   Referral to the Employee Assistance Program

·   Course and registration adjustments, such as retroactive withdrawals

·   Community education

·   Permanent alteration of housing assignments

·   Permanent alteration of work arrangements for employees

·   Provision of campus safety escorts

·   Climate surveys

·   Policy modification and/or training

·   Provision of transportation assistance

·   Implementation of long-term contact limitations between the parties

·   Implementation of adjustments to academic deadlines, course schedules, etc.

At the Director’s discretion, the parties may be provided with certain long-term support or measures even if no Policy violation is found.

When no policy violation is found, the Director will address any remedies the College owes the Respondent to ensure no effective denial of educational access.

The College will maintain the confidentiality of any long-term remedies/actions/measures, provided confidentiality does not impair the College’s ability to provide these services, and disclosure of confidential information will be limited to those individuals with a need to know.

23.  Failure to Comply with Sanctions and/or Responsive Actions

a.          All Respondents are expected to comply with the assigned sanctions, responsive actions, corrective actions, and/or Informal Resolution terms within the timeframe specified by the sanction or the Informal Resolution agreement.

b.          Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from the College.

c.          Supervisors are expected to enforce completion of sanctions/responsive actions for their employees.

d.          A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the College’s satisfaction.

24.  Recordkeeping

In implementing the Policy and Procedures, the Director will maintain records of all allegations, investigations, and resolutions, indefinitely, or as required by federal or state law or institutional policy. The College will comply with all federal, state, and local laws and regulations, including FERPA, in maintaining the confidentiality and record retention requirements.

25.  Disability Accommodations

The College for Creative Studies is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the CCS’s Resolution Process.

Anyone needing such accommodations or support should contact the Director, who will work with disability support as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodation is appropriate and necessary for full process participation.

26.  Other Support

The College will address other reasonable requests for support for the parties and witnesses, including:

·   Language services/interpreters;

·   Access/training regarding use of technology throughout a resolution process; or

·   Other support deemed reasonable and necessary to facilitate participation in a resolution process.

27.  <<Resolution Process Pool>>

         The College relies on a pool of individuals to carry out the resolution options.

a.          <<Pool>> Member Roles

b.          <<Pool>> members are trained annually, and can serve in any of the following roles, at the Administrator’s discretion:

·   Appropriate intake of and initial guidance pertaining to Notice

·   Perform or assist with initial assessment

·   Advisor to Parties

·   Informal Resolution Facilitator

·   Investigator

c.          <<Pool>> Member Appointment

The Administrator [,in consultation with senior administrators as necessary,] appoints the <<Pool>>, which acts with independence and impartiality.[12] Although members of the <<Pool>> are typically trained in a variety of skill sets and can rotate amongst the different roles listed above in different complaints, the School can also designate permanent roles for individuals in the <<Pool>>.

d.          [<<Pool>> Member Training (See training materials posted online)]