Prohibited Discrimination, Harassment, and Sexual Misconduct (including Title IX)

Policy Table of Contents

(updated January 3, 2022)

I. Policy Statement

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 on Prohibited Discrimination, Harassment, and Sexual Misconduct (including Title IX) (“Policy”) prohibits discrimination, including harassment, because of age, race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, 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. It also prohibits misconduct related to protected status discrimination and harassment specifically, sexual violence, dating violence, and stalking. The Policy applies to the administration of employment and educational policies, practices, programs, and activities.

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.

This Policy specifically prohibits sexual misconduct, including sexual violence, sexual assault, sexual harassment, gender-based harassment, sexual exploitation, stalking, domestic violence, and dating violence. In some cases, this conduct is also prohibited by or included in Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and/or the Violence Against Women Reauthorization Act of 2013. Sexual misconduct represents a serious breach of the College’s commitment to fostering a positive educational and working environment. An individual who violates this Policy may also be subject to criminal prosecution and civil litigation in addition to College disciplinary procedures. As described in the annual security report (see “Sexual Assault/Dating Violence Awareness and Prevention Programs”), with the intent of ending sexual misconduct, the College conducts primary prevention and awareness programs for all incoming students and new employees and ongoing prevention and awareness campaigns for students and employees.

Note on Federal Regulations: The Title IX regulations issued by the U.S. Department of Education (“DOE”) that went into effect August 14, 2020, require the University to follow a specific grievance process in response to conduct covered by the regulations. Because compliance with the regulations is a condition of federal funding, the University has revised its policies to fully implement them where required.

The Office for Institutional Equity and Inclusion is responsible for administering this Policy and its implementing procedures. The Title IX Coordinator is the College’s designated Coordinator for Title IX of the Education Amendments of 1972; the Dean of Students is the Coordinator for Section 504 of the Rehabilitation Act of 1973 for educational matters and for the Age Discrimination Act of 1975; and the Human Resources Director is the Section 504 Coordinator for employment matters.

Deirdre Young
Assistant Dean, Office for Institutional Equity and Inclusion
Taubman Center
313.664.1487
diversity@collegeforcreativestudies.edu or ddyoung@collegeforcreativestudies.edu

Jody Shipper
Title IX Coordinator
Office for Institutional Equity & Inclusion
313.664.7676
titleix@collegeforcreativestudies.edu

Dan Long
Dean of Students
Yamasaki Building, 2nd Floor
313.664.7675
dlong@collegeforcreativestudies.edu

Raquel Diroff
Director, Human Resources
Yamasaki Building, 2nd Floor
313.664.7651
rdiroff@collegeforcretivestudies.edu

The Policy includes two complaint procedures. The Procedures for Title IX Sexual Misconduct at Appendix A are applicable to sexual harassment, as defined for Title IX purposes; sexual misconduct, domestic violence; dating violence; and stalking. The Procedures for Discrimination and Harassment Complaints at Appendix B apply to complaints for all conduct prohibited by this Policy except for Title IX sexual misconduct.

II. Scope

All students, faculty, and staff of the College as well as any third parties/visitors, regardless of sexual orientation or gender identity, are subject to this Policy. This Policy applies on campus property, and may apply off-campus if the alleged conduct was in connection with a College program or College-recognized program or the conduct may have the effect of creating a hostile environment in the College’s classrooms, studios, workspaces, offices, administrative spaces, or other programs or activities. It also applies to the College’s study abroad programs and to study abroad programs operated by other institutions when the alleged sexual misconduct was committed by a College of Creative Studies student. This Policy prohibits sexual misconduct by visitors or other third parties (i.e., persons who are neither students nor employees of the College) towards members of the College community. Although individuals who are not students or employees of the College are not subject to discipline under the College’s internal processes, the College will take prompt, corrective action to remove the accused from campus facilities while under investigation. The College may also involve the police in the immediate resolution of the situation.

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.

III. Prohibited Conduct

This Policy prohibits all forms of discrimination and harassment based on age, race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability or any other characteristic protected by law:

Sexual harassment under Appendix A:

Conduct that is sexual, or on the basis of sex or gender, committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved which is one of the following:

  • When a College employee conditions the provision of an educational, research, scholarly or work benefit or service on an individual’s participation in unwelcome sexual conduct (quid pro quo); and/or
  • Unwelcome conduct determined by a reasonable person to be so severe, and pervasive, and objectively offensive, that it effectively denies a person equal access to an educational, research, scholarly or work program or activity of the College. Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is below the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns.

Sexual Assault Under Appendix A:

Any of the Following:

Sexual Offenses, Forcible:

Any sexual act directed against another person without the consent of the Complainant, including instances in which the Complainant is incapable of giving consent:

  • Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.
  • Oral or anal sexual intercourse with another person, forcibly, and/or against that person’s will (non-consensual), or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
  • The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
  • The touching of the private body parts of another person (buttocks, groin, breasts), for the purpose of sexual gratification, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

Sex Offenses, Non-forcible

Incest: Non-forcible sexual intercourse between persons who are related to each other, within the degrees wherein marriage is prohibited by Michigan law.

Statutory Rape: Non-forcible sexual intercourse, with a person who is under the statutory age of consent of 16 years of age.

Sex-Based Stalking: Engaging in a course of conduct on the basis of sex directed at a specific person, that would cause a reasonable person to fear for the person’s safety, or the safety of others, or suffer substantial emotional distress.

  • For the purposes of this definition, “course of conduct” means two or more acts, including, but not limited to:
    • Acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
    • Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
    • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Relationship Violence: Violence committed by a person, who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.

The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence: Violence, on the basis of sex, committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, or by a person who is cohabitating with, or has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Michigan, or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Michigan. Allegations of child abuse under Michigan law shall also be referred to Children’s Protective Services or local law enforcement. Domestic violence may also include intentional or reckless physical or non-physical conduct toward the Complainant that would make a reasonable person in the Complainant’s position fear physical violence toward themselves or with whom they have a close relationship. Patterns of abusive behavior may consist of or include non-physical tactics such as threats, isolation, abuse of pets, property destruction, economic control, displaying weapons, degradation or exploitation of a power imbalance.

Appendix B Prohibited Conduct

Discrimination – a discrete adverse action taken by a College official against an applicant, student, or employee based on age, race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, 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 on age, race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability or any other characteristic protected by law 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).

Sexual Misconduct – an umbrella term used to refer to a range of sex-based conduct prohibited by this Policy, including sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. Sexual misconduct includes: sexual assault, sexual harassment (including gender-based harassment, sexual exploitation, and hostile environment based on sex), stalking, domestic violence, and dating/relationship violence.

Sexual harassment – Conduct that is sexual, or on the basis of sex or gender, committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved which 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. This can take the form of conduct by one or more individual respondents that, for each respondent, meets this definition or it can take the form of a cumulative hostile environment.

Sexual Exploitation – a form of sexual harassment that involves taking advantage of the sexuality and attractiveness of a person without that person’s consent to make a personal gain or profit for oneself or for others. It is the abuse of a position of vulnerability, differential power, or trust for sexual purposes. (e.g., prostituting another person, recording and/or distributing images of sexual activity without consent, threatening to disclose a person’s sexual orientation).

Sexual Assault – Any physical sexual act directed at another person without that person’s consent, including instances where the person is incapable of giving consent. Sexual assault can occur between individuals of the same or different sexes or genders. This includes the following:

  • Rape: the carnal knowledge of a person without their consent, including instances in which the person is incapable of giving consent because of their age or temporary or permanent physical or mental incapacity
  • Sodomy: oral or anal sexual intercourse with another person without their consent, including instances in which the person is incapable of giving consent because of their age or temporary or permanent physical or mental incapacity
  • Sexual assault with an object: to use an object or instrument to unlawfully penetrate however slightly, the genital or anal opening of the body of another person without their consent, including instances in which the person is incapable of giving consent because of their age or temporary or permanent physical or mental incapacity
  • Fondling: the touching of the private body parts of another person for the purpose of sexual gratification without their consent, including instances where the person is incapable of giving consent because of their age or temporary or permanent mental incapacity
  • Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law
  • Statutory rape: sexual intercourse with a person who is under the statutory age of consent

Dating/Relationship Violence – any act of violence or a pattern of abusive behavior committed by a person who is or has been in a social relationship of a romantic or intimate nature with the person subject to the conduct. Whether there was such a relationship will be gauged by the length, type, and frequency of interaction between the person involved in the relationship. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. Patterns of abusive behavior may include non-physical tactics such as threats, isolation, abuse of pets, property destruction, economic control, displaying weapons, degradation, or exploitation of a power imbalance.

Domestic Violence – a felony or misdemeanor crime of violence committed against a current or former spouse or intimate partner; a person with whom the respondent shares a child in common; a person who is cohabitating with or has cohabitated with the respondent as a spouse or intimate partner; a person similarly situated to a spouse of the respondent under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth who is protected from the person’s act under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Stalking – a course of conduct (including cyberstalking) on the basis of sex directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or to suffer substantial emotional distress. A “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker uses any method, device, or means to follow, monitor, observe, surveil, threaten, or communicate to or about a person, or interfere with a person’s property. Stalking can take place directly, indirectly, or through third parties. A “reasonable person” means a reasonable person under similar circumstances and with similar identities to the individual subject to the conduct. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Retaliation – an adverse action or other form of negative treatment carried out in response to good-faith reporting of or opposition to discrimination or harassment (including sexual misconduct) or participation in the investigation of a complaint. Individuals are also protected from retaliation for making good faith requests for accommodations on the basis of 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 university’s reasonable accommodation processes.

IV. Related Definitions

Complainant – the person subjected to alleged sexual misconduct.

Complaint – formal notification, either orally or in writing, of the belief that discrimination, harassment, or retaliation has occurred. Also see the definition of “formal complaint” for Title IX sexual misconduct.

Consent – Consent is an affirmative decision to engage in mutually accepted sexual contact or activity. Consent must be informed, freely given, and mutual. Consent consists of an outward demonstration indicating that an individual has freely chosen to engage in sexual activity. Consent is demonstrated through mutually understandable words and/or actions that indicate a willingness to engage freely in sexual activity. Consent may not be inferred from silence, passivity, lack of verbal or physical resistance, or lack of active response alone. Consent to one form of sexual contact does not constitute consent to all forms of sexual contact. Consent can be withdrawn at any time.

  • Consent does not exist if it results from the use or threat of physical force, intimidation, or coercion, or any other factor that a reasonable person would view as eliminating an individual’s ability to exercise their own free will to choose whether or not to have sexual contact.
  • A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent, and consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another.
  • In the state of Michigan, consent cannot be given by minors under the age of 16.
  • A person cannot consent to sexual activity if that person is unable to understand the nature of the activity due to circumstances, including the following:
    • The individual is unconscious, asleep, or otherwise unaware that the sexual activity is occurring.
    • The individual has a mental disability that impairs his/her/their ability to provide consent.
    • The individual is incapacitated (beyond mere drunkenness) due to drug or alcohol consumption, either voluntarily or involuntarily.
    • An individual is incapacitated if they are unaware at the time of the incident of where they are, how they got there, or why or how they became engaged in an act.
    • The perspective of a reasonable person will be the basis for determining whether a respondent knew, or reasonably should have known, whether a complainant was able to freely give consent and whether consent was given. Being intoxicated or incapacitated does not diminish one’s responsibility to obtain consent and will not be an excuse for sexual misconduct.
    • Because faculty members are in positions of authority and influence in regard to students, the Faculty Handbook prohibits intimate relationships between a faculty member and a student, whether or not the student is in the faculty member’s class or department and whether or not the relationship is consensual; intimate relationships are also prohibited between teaching assistants and resident advisors and the students over which they have authority. Similarly, Section 3.2 of the Staff Handbook prohibits intimate relationships between a College official and a staff person under their control, as well as intimate relationships between administrative staff and students. Consensual relationships between a non-supervisory official and a staff person, while not prohibited, must be disclosed to the Human Resources Director so that the Director can take any steps necessary to protect the parties involved and avoid even the appearance of favoritism.
      • In all circumstances in which intimate relationships are prohibited, there is an exception for preexisting relationships. For example, the prohibition would not apply where a faculty member’s spouse or partner enrolls as a student under the College’s tuition assistance program.

Formal Complaint A document filed by a complainant or signed by the Title IX Coordinator under the Procedures for Title IX Sexual Misconduct Complaints in Appendix A alleging sexual misconduct (sexual harassment as defined within Appendix A, sexual assault, domestic violence, dating violence, and stalking) against an individual respondent and requesting that the College investigate the allegation(s). Please refer to III. Prohibited Conduct for definitions.

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.

V. Retaliation

Individuals who report or oppose what they reasonably and in good faith believe to be prohibited discrimination or harassment (including sexual misconduct), or who participate in the College’s investigation and resolution of a complaint, shall not be subject to retaliation for reporting, opposing, and/or participating, even if the College finds that no prohibited discrimination or harassment occurred. Individuals are also protected from retaliation for making good faith requests for accommodations on the basis of religion or disability. Retaliation can take the form of individual or discrete acts (e.g., denial of a promotion or assignment of a failing grade) or a series of harassing acts that, taken together, are sufficiently serious to create a hostile environment by discouraging or chilling a reasonable person from further reporting, opposition, or participation.

If a complainant or other individual who reports or opposes discrimination or harassment, an individual respondent, a witness, or other individual believes that they are being subjected to retaliation, they should promptly contact the Office for Institutional Equity and Inclusion. Complaints of retaliation shall be addressed under the Procedures for Discrimination and Harassment in Appendix B of this Policy.

VI. Supportive Measures In Harassment And Sexual Misconduct Cases

Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to a complainant or an individual respondent in a harassment or sexual misconduct matter. They include measures designed to protect the safety of all parties or the College’s educational environment and to deter further misconduct. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, transportation modifications, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, disability services, health and mental health, services, and other similar measures.

VII. Clery Act Obligations

A. Campus Notification

Once a report of harassment or sexual misconduct is made, the College will take all necessary steps to protect the campus and the person who has allegedly been harassed or assaulted. 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 sexual misconduct, 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.

On Campus Resources for Students

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

Director of Academic Advising
313.664.7405
M-F 8:30 am – 4:30 pm

Registrar
313.664.7671
M-F 8:30 am – 4:30 pm

On Campus Resources for Faculty/Staff

Director of Human Resources
313.664.7650
M-F 8:30 am – 4:30 pm

Campus Safety
313.664.7444
24 Hours

Dean of Academic Affairs
313.664.1495
M-F 8:30 am – 4:30 pm

Off-Campus Resources for Students and Faculty/Staff

Wayne State Police
313.577.2222
24 Hours

A. Amnesty

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

B. Timely Reporting & Crisis Assistance

The College supports and encourages anyone who has been subject to sexual misconduct 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 of sexual misconduct at any time.
Any person who has been sexually assaulted or otherwise subject to sexual violence may go directly to the emergency room of any local hospital for medical attention, evidence collection, and access to follow-up care. An individual who has been sexually assaulted is urged to seek medical evaluation as soon as possible. The closest emergency room facilities to campus are:

Detroit Receiving Hospital, 4201 St. Antoine, Detroit MI 48202
Henry Ford Hospital, 2799 W. Grand Blvd, Detroit, MI 48202

C. Medical-Legal Evidence Collection

An individual who has been sexually assaulted is encouraged to request the collection of medical-legal evidence. Prompt collection of physical evidence can be helpful should a person later decide to pursue criminal prosecution and/or a civil action, including a protective order.

D. Confidential Reporting Resources

The following resources are available to discuss incidents and issues related to sexual misconduct on a confidential basis. Communications to these resources cannot legally be disclosed without the individual’s consent or in limited circumstances such as when there is an imminent threat or danger to self or others. These resources may report general statistics regarding sexual misconduct but will not disclose any identifying information. A report to these resources will not result in an individual report to the College beyond reporting of such general statistics. However, keep in mind, if an individual report to these sources and does not report to the College, the College cannot investigate or take any disciplinary action against the respondent.

On Campus Resources for Students

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

Director of Academic Advising
313.664.7405
M-F 8:30 am – 4:30 pm

Registrar
313.664.7671
M-F 8:30 am – 4:30 pm

On Campus Resources for Faculty/Staff

Director of Human Resources
313.664.7650
M-F 8:30 am – 4:30 pm

Campus Safety
313.664.7444
24 Hours

Dean of Academic Affairs
313.664.1495
M-F 8:30 am – 4:30 pm

Off-Campus Resources for Students and Faculty/Staff

Wayne State Police
313.577.2222
24 Hours

E. Reporting To Law Enforcement

Individuals who report having been subject to sexual violence to the College will be advised of their right to file (or not file) a report with law enforcement.

When the reporting individual is under the age of 16 (or under 21 and physically or mentally impaired), both the College and any confidential resources will report the incident to social service agencies or police in accordance with applicable law and/or at the discretion of school administration when the law does not dictate a report.

A report with law enforcement will not preclude the College from conducting its own resolution pursuant to College policies and procedures.

F. Parental/Legal Guardian/Partner Notification

The College is committed to providing support to anyone involved in an incident of sexual misconduct. In some instances when there is a health or safety concern, or where an individual involved is a minor, the College may (or may be required) to notify the parents, guardian, or partner of the individual(s) involved in the incident. In making this determination, and where the College has discretion, the College will consider the wishes of those involved, as well as their personal safety, and the safety of the campus community.

G. False Reports

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

Appendix A
Procedures For Title IX Sexual Misconduct Complaints

These procedures apply to reports and complaints of Title IX sexual misconduct as defined in Section III of the Policy and include complaints of sexual harassment by one or more individual respondents that, for each respondent, is sufficiently severe, pervasive, and objectively offensive to effectively deny the complainant equal access to the College’s education program or activity, sexual assault, dating violence, domestic violence, or stalking.

I. Rights

Rights Of The Complainant

When a student, employee, or third party/visitor reports sexual misconduct to the College, whether the conduct occurred on or off-campus (but see Section II of the Policy, Scope, including for Title IX purposes), the College will provide the student, employee, or third party/visitor a written explanation of their rights and options, including:

  • The right to available supportive measures, including how to request them. The College will provide such measures regardless of whether the complainant chooses to report the alleged conduct to Campus Security or local law enforcement, and regardless of whether they file a formal complaint.
  • The right to appropriate resolution of all credible reports of sexual misconduct, including a prompt, fair, and impartial investigation and hearing, where applicable.
  • The right to request confidentiality and to understand the impact of a request for confidentiality on the complaint resolution process.
  • The right to not be discouraged by College officials from reporting sexual misconduct.
  • The right to notify proper law enforcement authorities, including Campus Safety and local police; to be assisted by College authorities in notifying law enforcement authorities if the complainant so chooses; and to decline to notify such authorities.
  • If a student or employee submits a Personal Protection Order (PPO) to Campus Safety, Campus Safety will notify Wayne State or Detroit Police if the PPO is violated.
  • The right not to be retaliated against for filing a good faith report.
  • The right to know the evidentiary standard the College applies during the complaint resolution process is the preponderance of the evidence standard, which means that the evidence must show that more likely than not, sexual misconduct did occur and more likely than not, the respondent committed the act.
  • The right to be informed of the outcome and sanction of any disciplinary hearing involving sexual misconduct within the bounds of what is legally permissible (including by the Family Educational Records Privacy Act).
  • The right to reasonably prompt time frames for completion of the resolution process (generally 90 calendar days), recognizing this is influenced by the facts and circumstances; written notice will be provided for any extension of time frames for good cause, including the reasons for the extension.
  • The right to attend any hearing, including timely notice of the hearing date and adequate time for preparation.
  • The right to timely and equal access to evidence that is directly related to the allegations during the investigation process, and to all relevant evidence prior to and during the hearing process.
  • The right to not be questioned about or have prior sexual history admitted as evidence, unless offered to prove that someone other than the respondent committed the alleged conduct or if the questions or evidence concern specific incidents of prior sexual behavior with respect to the respondent and are offered to prove consent.
  • The right to appeal the finding and sanction in accordance with these procedures.
  • The right to have an advisor or advocate of the complainant’s choice accompany and assist in throughout the process.
  • The right to an outcome-based solely on the preponderance of reasonably available and relevant evidence presented during the complaint resolution process.
  • The right to written notice of the outcome of the hearing and any sanctions.
  • The right to petition that anyone involved in the complaint resolution process be removed on the basis of demonstrated bias.
  • The right to be informed of available resources for counseling, advocacy, and support.
  • Assurance that the College will take steps to prevent recurrence of any sexual misconduct found to have occurred and when appropriate, remedy the discriminatory effects on the complainant and any others involved/affected.

Rights Of The Respondent

  • The right to available supportive measures and how to request them.
  • The right to appropriate resolution to all credible reports of sexual misconduct, including a prompt, fair, and impartial investigation and hearing, where applicable.
  • A presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the complaint resolution process.
  • The right not to be retaliated against for participating in the complaint resolution process.
  • The right to know the evidentiary standard the College applies during an investigation is the preponderance of the evidence standard, which means that the evidence must show that more likely than not, sexual misconduct did occur and more likely than not, the respondent committed the act.
  • The right to a reasonably prompt time frame for completion of the resolution process (generally 90 calendar days), recognizing this is influenced by the facts and circumstances; written notice will be provided for any extension of time frames for good cause, including the reasons for any extension.
  • The right to attend a hearing including timely notice of hearing date and adequate time for preparation.
  • The right to timely and equal access to evidence that is directly related to the allegations during the investigation process, and to all relevant evidence prior to and during the hearing process.
  • The right to have an advisor or advocate accompany and assist throughout the process.
  • The right to an outcome-based solely on a preponderance of the reasonably available and relevant evidence presented during the complaint resolution process.
  • The right to written notice of the outcome of the hearing and any sanctions.
  • The right to appeal the finding and sanction in accordance with this Policy.
  • The right to petition that anyone involved in the complaint resolution process be removed on the basis of demonstrated bias.
  • The right to be informed of available resources for counseling, advocacy, and support.

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

II. Reporting

All employees, except those designated as confidential resources, are required to report any incidents of possible sexual misconduct of which they become aware to the Title IX Coordinator by phone, email, or in person. This is so the Title IX Coordinator can contact the individual subjected to the alleged misconduct to offer them supportive measures and inform them of their options regarding reporting to law enforcement and filing a formal complaint under this Policy.

Title IX Coordinator
Jody Shipper
Title IX Coordinator
Institutional Equity and Inclusion
313.664.7676
titleix@collegeforcreativestudies.edu

Training provided to the Title IX Coordinator can be found at Title IX Coordinator Training.

Anyone who has been subject to sexual misconduct may choose to pursue criminal prosecution, civil litigation, and/or College disciplinary processes. The College recognizes that a person who has been subject to sexual misconduct retains the right not to pursue either criminal prosecution, civil litigation, or a College resolution proceeding. Choosing not to pursue these courses of action, however, does not remove the responsibility of the College to take action in appropriate circumstances, including offering supportive measures.

The College will keep private the identity of any individual who has made a report or complaint of sex discrimination, been reported to be the perpetrator of sex discrimination, and any witness, except as may be permitted by the Family Education Records Privacy Act and its implementing regulations, as required by law, or to apply this Policy (including in any investigation and hearing). In all cases, to the best of their ability, the Title IX Coordinator will maintain as much privacy as possible for both the complainant and the respondent during the resolution process.

Formal Complaint: In order to proceed to a Resolution Process to address and resolve reported conduct, a Formal Complaint must be filed and signed by either Complainant or the Title IX Coordinator. In the event that the Title IX Coordinator signs the Formal Complaint, such action does not make the Title IX Coordinator the “Complainant” for purposes of this Policy.

A Formal Complaint has a very specific definition under this policy and differs from solely making a report to the Title IX Coordinator. Filing a Formal Complaint results in written notification to the Respondent and the commencement of the Resolution Process, unless the Title IX Coordinator determines that the Formal Complaint should be dismissed as set forth in Section V below.

At the time of filing a Formal Complaint, the Complainant must be participating in or attempting to participate in a College program or activity or be an applicant to, or employee of, the College. Anyone who wishes to discuss their options for resolving a complaint prior to filing a Formal Complaint is encouraged to contact the Title IX Coordinator.

A Formal Complaint is a written document or electronic submission containing all of the following:

A submission by the Complainant, and not by a third party on the Complainant’s behalf. The Complainant’s digital or physical signature must be on the Formal Complaint, or some other direct indication that the Complainant is the person filing the Formal Complaint;
An allegation of Prohibited Conduct as defined under this Policy. This should include:

  • Where the incident(s) occurred
  • What incident(s) occurred
  • When the incident(s) occurred
  • Identity of Respondent, if known; and,
  • A request for an investigation.

A Formal Complaint may be made to the College Title IX Coordinator by US mail or email, using the contact information listed below.

Title IX Coordinator
Jody Shipper
Title IX Coordinator
Institutional Equity and Inclusion
313.664.7676
titleix@collegeforcreativestudies.edu

If a complaint is submitted in a form that does not meet this standard, or does not include all of the required information, the Title IX Coordinator will contact the Complainant to confirm a Complainant’s intent to file a Formal Complaint and will then explain the process to the Complainant. Further, if the Formal Complaint does not have sufficient information to determine whether or not the conduct as alleged will fall under this Policy, the Title IX Coordinator will contact the Complainant to schedule an Intake Interview.

The listed departments are available to help in incidents of sexual misconduct, in conjunction with the Title IX Coordinator:

On Campus Resources for Students

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

Director of Academic Advising
313.664.7405
M-F 8:30 am – 4:30 pm

Registrar
313.664.7671
M-F 8:30 am – 4:30 pm

On Campus Resources for Faculty/Staff

Director of Human Resources
313.664.7650
M-F 8:30 am – 4:30 pm

Campus Safety
313.664.7444
24 Hours

Dean of Academic Affairs
313.664.1495
M-F 8:30 am – 4:30 pm

Off-Campus Resources for Students and Faculty/Staff

Wayne State Police
313.577.2222
24 Hours

III. Supportive Measures

When the Title IX Coordinator or any College official with authority to institute corrective measures learns of possible sexual misconduct, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures (with or without the filing of a formal complaint) and explain the process for filing a formal complaint. The Title IX Coordinator will consider the complainant’s wishes as to supportive measures. The Title IX Coordinator will assist the Complainant in obtaining such measures, and is responsible for coordinating their effective implementation.

Supportive measures are available to both the complainant and the respondent before or after the filing of a complaint with the College or local law enforcement, or if no complaint is filed. Supportive measures may be available even if the alleged conduct does not meet the definitions of sexual misconduct in this Policy. The College will maintain as confidential any supportive measures to the extent that maintaining such confidentiality would not impair the ability of the College to provide the measures.

In addition to supportive measures offered after the College learns of possible sexual misconduct, the College will provide written notification to the parties about any existing counseling, health, mental health, advocacy, visa and immigration assistance, student financial aid, and other available services, both within the institution and in the community.

The College may remove a student respondent on an emergency 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 sexual harassment. 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 Human Resources Director may place a non-student employee respondent on administrative leave during the pendency of a grievance process.

IV. Informal Resolution

After a formal complaint has been filed, the Title IX Coordinator will offer the parties the opportunity to participate in an informal resolution. An informal resolution may be used only when both parties agree, in writing, to the use of the Informal Resolution process. The Title IX Coordinator must also agree that the matter is suitable for resolution using the Informal Resolution process. If both the respondent and complainant agree, it 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 informal resolution process and resume the investigation and hearing process at any time prior to agreeing to a resolution.

A party interested in mediation should contact the Title IX Coordinator. The Coordinator will provide the parties with written notice disclosing the allegations, the requirements of the informal resolution process, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared. Before beginning the mediation process, the parties must provide voluntary, written consent. Informal Resolution cannot be offered to resolve allegations that an employee sexually harassed a student.

Mediation will be facilitated by a trained faculty or administrator. The College will attempt to complete the mediation process within 45 calendar days after the agreement to mediate 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 Informal Resolution process, it is considered final, and is not subject to appeal. The Parties are not required to speak to each other during the process, unless they agree to do so.

V. Formal Complaints

A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail. The complaint must include the complainant’s physical or digital signature, or otherwise indicate that the complainant is the person filing the complaint.

Title IX Coordinator
Jody Shipper
Title IX Coordinator
Institutional Equity and Inclusion
313.664.7676
titleix@collegeforcreativestudies.edu

The Title IX Coordinator may also file a complaint if, e.g.:

  • The person subject to the alleged misconduct declines to file or requests to withdraw a complaint but the Coordinator believes the respondent may pose an ongoing threat to the College community, such as in cases in which a weapon is alleged to have been used, or when there is a concern of serial predation.
  • In instances in which there are multiple Respondents or multiple Complainants.
  • The Complainant is under age 16.
  • As required by law.

However, for the College to proceed with the full resolution process (including the imposition of disciplinary measures should a respondent student or employee be found responsible for the alleged misconduct) in a complaint filed by the Title IX Coordinator, the person subject to the alleged misconduct must be willing to participate in the investigation and hearing (except where the College has gathered sufficient evidence to complete the complaint resolution process without information from the complainant).

Formal complaints can be filed as long as 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.

Mandatory and Discretionary Dismissal

The College will evaluate a formal complaint to determine if the alleged conduct constitutes sexual misconduct as defined for Title IX purposes, occurred in the College’s education program or activity, and occurred against a person in the United States. If it did not, the College will dismiss the formal complaint for Title IX purposes and notify the parties in writing. However, if the alleged conduct would otherwise be prohibited by this Policy, the College will continue to address it through the Procedures for Discrimination and Harassment Complaints in Appendix B.

There are circumstances when the College has an obligation to dismiss a Formal Complaint (Mandatory), and circumstances when the College has the discretion to dismiss a Formal Complaint (Discretionary). In the event the College dismisses a Formal Complaint, both parties will be notified in writing of the decision and the rationale for the decision, and of the opportunity for both parties to appeal the decision.

Mandatory Dismissal

At any time following the submission of a Formal Complaint and prior to the commencement of a hearing, any case proceeding under Appendix A will be dismissed if it is determined that the conduct at issue does not meet the definitional or jurisdictional requirements of Appendix A. This includes the obligation to dismiss a Formal Complaint at any time in the process if it is determined that the conduct as alleged, even if true, would not constitute a violation of this Appendix A. If the alleged conduct would, if true, support a finding that another the College Policy or Code has been violated, the College may transfer the case for further handling under the appropriate Policy or Code. If the investigation has already commenced at the time of dismissal, the College may use evidence already gathered during the Title IX process for the further handling of the complaint.

Discretionary Dismissal

The College may, at any time during an investigation or hearing dismiss a complaint when: a) Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations within the Formal Complaint; b) the Respondent is no longer enrolled or employed at the College; or c) circumstances prevent the College from gathering evidence sufficient to reach a determination. If the alleged conduct would, if true, support a finding that another College Policy or Code has been violated, the College may transfer the case for further handling under the appropriate Policy or Code. the College may use evidence already gathered during the Title IX process for the further handling of the complaint.

Members of the College community are expected to cooperate in the College’s investigations and hearings of alleged sexual misconduct. Investigations and hearings will proceed based on reasonably available information. The College, not the parties, bears the burden of proof and the burden of gathering evidence sufficient to reach a determination. 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 student under the age of 16 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.

The complaint resolution process will be completed within a reasonably prompt timeframe—generally, within 90 days of receipt of the complaint. 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 the respondent and provide the reason for the delay.

A. Notice

Upon receipt of a formal complaint of Title IX sexual misconduct (see Section III of the Policy: severe, pervasive, and objectively offensive sexual harassment; sexual assault; dating violence; domestic violence; and stalking), the Title IX Coordinator will provide written notice to the parties who are known that includes:

  1. An explanation of the complaint procedures in this Policy.
  2. A description of the allegations, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. This will include the identities of the parties involved in the incident, if known; the conduct allegedly constituting sexual misconduct; and the date and location of the alleged incident, if known.
  3. A statement that the 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 hearing.
  4. An explanation that the parties may have an advisor of their choice (who may be, but is not required to be, an attorney), and that they may inspect and review the evidence directly related to the investigation during the investigation.
  5. Information about Section V of the Policy, regarding the prohibitions against retaliation and against knowingly making false statements or knowingly submitting false information.
  6. The name and contact information for the assigned investigator.
  7. Information regarding the availability of Supportive Measures.

If, in the course of an investigation, the College decides to investigate allegations that are not included in the original notice, the College will provide notice of the additional allegations to the parties whose identities are known.

B. Investigation Standard

Formal complaints of sexual misconduct will be assessed using the preponderance of the evidence standard. The preponderance of the evidence standard means that the evidence must show that, more likely than not, sexual misconduct did occur and more likely than not, the respondent.

C. Investigative Process

All formal complaints of alleged sexual misconduct covered by these procedures are investigated under the general oversight of the Title IX Coordinator; however, the Coordinator will not participate in making any recommendations or determinations. Any party may challenge the participation of the Title IX Coordinator for bias or conflict of interest; such a challenge will be resolved by the Human Resources Director. No party has a right to disqualify the Coordinator absent a demonstrated bias.

The Coordinator will appoint a qualified investigator to conduct the investigation and prepare an investigative report, including recommended findings; training provided to the investigator by the College can be found at Title IX Training. Any party may raise issues of bias or conflict of interest with regard to the investigator. The Title IX Coordinator will weigh these issues and resolve them accordingly. No party has a right to disqualify an investigator absent a demonstrated bias or conflict.
The investigation process includes:

  1. Providing the complainant with the opportunity to meet with the investigator.
  2. Providing the respondent with the opportunity to meet with the investigator.
  3. Meeting with witnesses who may have relevant information.
  4. In addition to interviewing the parties and witnesses, , the investigator will gather and review any additional information and documents the investigator deems relevant, including but not limited to student and personnel files, law enforcement and investigation documents, and additional statements from the complainant and the respondent.
    • The investigator will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other evidence indicating that the respondent is responsible for the alleged conduct as well as indicating that the respondent is not responsible.
    • In any meetings or conversations with the investigator, the parties can be accompanied by an advisor of their choice (who may be, but is not required to be, an attorney). 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 provide each party with written notice of the date, time, location, participants, and purpose of all investigative interviews or other meetings, with sufficient time for the party to prepare to participate.
    • A party’s records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, cannot be used in any part of the complaint resolution process unless the College obtains that party’s voluntary, written consent.
    • Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant during any part of the complaint resolution process, unless such questions and evidence are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
  5. Prior to completion of the investigative report, the College will send to each party and the party’s advisor, if any, all evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint.
    • This will include all evidence indicating that the respondent is responsible for the alleged misconduct as well as all evidence indicating that the respondent is not responsible. It will also include evidence that is directly related but upon which the College does not intend to rely in reaching a determination regarding responsibility, whether obtained from a party or other source.
    • It will not include sensitive personally identifying information (e.g., social security numbers, contact information, etc.).
  6. The parties will have 10 calendar days to submit a written response, which the investigator will consider prior to completion of the investigative report.
  7. The investigator will create a report of the investigation that summarizes the relevant evidence. The investigator will not make any credibility determinations s.
  8. The College will send to each party and the party’s advisor, if any, the investigative report. The parties will have 10 days to provide a written response to the report, which will be provided to the hearing officer. The response may not include new evidence that was not already provided to the investigator. . Given the sensitive nature of the information provided, the information will be provided in a secure manner (e.g., by providing digital copies of the materials through a protected, “read-only” web portal). Neither the Complainant nor the Respondent (nor their Advisors) may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided or forward, post or otherwise make available the information to any individual, group, organization or agency. Any student or employee who fails to abide by this Policy may be subject to discipline. Any Advisor who fails to abide by this Policy may be subject to discipline and/or may be excluded from further participation in the process.
  9. The investigation report, including \the evidence on which it is based, will be forwarded to the Hearing Officer at the same time it is sent to the parties.
  10. The parties and their advisors can only use the evidence presented to them by the investigator and the investigative report for purposes of the complaint process; they cannot copy, photograph, download, disclose, or disseminate these materials to anyone else.
  11. Either party involved in the investigation may request a written update at any point from the Title IX Coordinator.

VI. Hearing

A. Standard

The Hearing Officer will determine if it is more likely than not that the respondent committed the alleged misconduct. This determination will be made based on an objective evaluation of all reasonably available and relevant evidence, including evidence indicating that the respondent is responsible for the alleged misconduct as well as evidence indicating that the respondent is not responsible.

B. Hearing Officer

The Title IX Coordinator will appoint a qualified individual to serve as the Hearing Officer. Title IX Hearings will be facilitated by a Hearing Officer who will make the decision as to whether or not the Respondent violated the University’s Policy using a preponderance of the evidence standard. Training provided to the Hearing Officer by the College can be found at Title IX Training and includes training on the University’s Title IX Misconduct and Sexual and Gender-Based Misconduct; relevancy; how to conduct a process that is fair and impartial, including information relating to Hearings, Appeals, and informal resolution processes, conflicts of interest and bias.

Any party may raise issues of bias or conflicts of interest with regard to the Hearing Officer. The Title IX Coordinator will weigh these issues and resolve them accordingly. No party has a right to disqualify a Review Board member absent a demonstrated bias or an actual conflict of interest.

C. Hearing Process

  1. The University and the Hearing Officer may establish procedures for a pre-hearing conference relating to issues such as scheduling, hearing procedures, structure, advance determination of the relevance of certain topics, and other procedural matters. The Hearing Officer will communicate with the parties prior to the hearing with respect to these issues and establish reasonable, equitable deadlines for party participation/input.
    1. The Hearing Officer may invite the parties to submit the questions or topics the parties wish to ask or discuss at the hearing, so that the Hearing Officer can rule on their relevance ahead of time. This advance review opportunity does not preclude advisors from asking a question for the first time at the hearing or from asking for a reconsideration based on any new information or testimony offered at the hearing.
    2. In advance of the Hearing, the Hearing Officer will consider any argument by a party that evidence identified as relevant in the final investigative report is not, in the party’s view, relevant. Similarly, evidence identified as directly related but not relevant by the Investigator(s) may be argued to be relevant.
    3. The Hearing Officer may rule on these arguments pre-hearing and will share those rulings with the parties prior to the hearing to assist in the preparation for the hearing. The Hearing Officer may consult with the Title IX Coordinator in making these determinations prior to the hearing.
  2. Requests to Postpone the Hearing may be granted by the Hearing Officer provided that the request is based on a compelling emergency and, where possible, such request is provided to the Hearing Officer and the Title IX Coordinator at least 48 hours prior to the time of the hearing.
  3. The College may, at its discretion, arrange for the hearing to be conducted in person or through videoconferencing (so that the Hearing Officer and parties can simultaneously see and hear each other or witnesses as they present their information and answer questions); however, if either party requests the use of videoconferencing, the College must provide it. A Complainant or Respondent may request alternative testimony options that would not require physical proximity to the other party, including testifying via a remote electronic method. This request should be made no fewer than five business days prior to the hearing.
  4. The Hearing Officer has general authority over the conduct of the hearing and has wide discretion over matters of decorum at the hearing, including the authority to excuse from the hearing process participants who are unwilling to observe rules of decorum. The following behavior will not be tolerated during the hearing: yelling, verbal abuse, disruptive behavior, interrupting or talking over one another, name calling, or using profane or vulgar language. When cross-examining a party or witness, advisors shall not repeat, characterize, express an opinion about, editorialize, or otherwise state any response to the answer given by the party or witness except to ask a follow-up question to elicit relevant evidence. Hearing Officers shall have the authority to set time frames for witness testimony, the length of any opening/closing statements, prohibiting questions because of relevancy, impropriety, breach of decorum, and other grounds.
  5. A respondent, complainant, advisor, and/or witness may not use electronic devices that capture or facilitate communication (e.g., computer, cell phone, audio/video recorder, etc.) during a hearing, unless authorized by the Hearing Officer.

    The general course of procedure for a hearing is as follows: introductions; questioning of the Complainant by the Hearing Officer, followed by questions from the Respondent’s advisor. Then the Hearing Officer will question the Respondent, followed by questions from the Complainant’s advisor. After that, the hearing officer and then the parties’ advisors may question the witnesses. The hearing will conclude with any closing comments from the complainant; and any closing comments from the respondent, followed by closing remarks from the Hearing Officer.
  6. The parties can be accompanied to the hearing and any related meeting or proceeding by the advisor of their choice (who may be, but is not required to be, an attorney); a party’s witness can also serve as the party’s advisor. However, except for purposes of cross-examination (explained below), the advisor cannot speak for the party they are advising; rather, the advisor’s role will be limited to quietly conferring with the party.
  7. Advisors may not speak or otherwise participate in the hearing except for purposes of conducting cross-examination, when directed to do so by the Hearing Officer. Other than cross-examination, the advisor may not address the Hearing Officer and must comport themselves in a manner that is not disruptive to the hearing or meetings. Only relevant cross-examination and other questions may be asked of a party of witness. Before a Complainant, Respondent, or witness answers a cross-examination or other question, the Hearing Officer will first determine whether the question is relevant and does not violate any rules of decorum and explain any decision to exclude a question as not relevant. Advisors are not permitted to object to the Hearing Officer’s decisions regarding relevance during the hearing. In general, the Hearing Officer will not consider statements of personal opinion or statements as to any party’s general reputation for any character trait as relevant.
  8. Prior Sexual History or Disposition. Questions about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions are intended to elicit evidence that someone other than the Respondent committed the conduct alleged by the Complainant or concern specific instances of prior sexual behavior with the Respondent and may be relevant to establish consent.
  9. If a party does not have an advisor present at the hearing, the College will provide the party with an advisor of the College’s choice at no charge to conduct cross- examination on behalf of that party. The advisor’s role is limited to relaying a party’s own questions to the other party or witness. The advisor need not have any particular skill or qualification to serve in this role.
  10. The Hearing Officer will provide an equal opportunity for the parties to present witnesses who were previously interviewed by the investigator, including fact and expert witnesses, and other evidence provided and obtained during the investigation indicating that the respondent is responsible for the alleged conduct as well as indicating that the respondent is not responsible.
  11. The Hearing Officer will make all the relevant evidence gathered during the investigation available to each party at the hearing.
  12. The Hearing Officer and/or the parties can call the investigator as a witness.
    • If a party or witness does not submit to cross-examination at the hearing, the Hearing Officer shall have the discretion to determine whether or not to rely on any statement of that party or witness in reaching a determination regarding responsibility, as well as the discretion to determine what weight, if any, to give to the statement. The Hearing Officer will not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.
  13. Any credibility determinations made by the Hearing Officer to support their findings must not be based on a party’s status as a complainant or respondent.
  14. The Hearing is closed to the Public. The College will create an audio recording and/or transcript of the hearing and make it available to the parties for review. No party, advisor, or witness may make a recording of the hearing, or any part of the hearing. No camera, TV, other equipment, including cell phones, will be permitted in the hearing room except as arranged by the University
  15. After the hearing, the Hearing Officer will make a finding by the preponderance of the evidence as to whether the Respondent violated the policy and will create a written notice of the outcome.
  16. Should the Hearing Officer determine that the respondent violated the Sexual Misconduct Policy, the Hearing Officer will refer the case to the appropriate College official for determinations of sanctions and remedies (see Section VI.E below) before issuance of the Notice of Outcome.

D. Notice Of Outcome

The Notice of Outcome prepared by the Hearing Officer will inform the parties regarding the outcome of the hearing. The Notice, which shall be provided simultaneously and in writing to both the complainant and the respondent, will include:

  1. Identification of the allegations potentially constituting sexual misconduct.
  2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and the hearing.
  3. Findings of fact supporting the determination.
  4. Conclusions regarding the application of the Policy to the facts.
  5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility.
  6. Any disciplinary sanctions for the respondent (see Section VI.E below).
  7. Whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided to the complainant; only the Notice of Outcome issued to the complainant will specify what the remedies are.
  8. The procedures and permissible bases for the complainant and respondent to appeal.

The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

E. Sanctions/Remedies

Sanctions for student respondents found responsible for sexual misconduct under this Policy will be determined by the Dean of Students and included in the Notice of Outcome. Sanctions for employee respondents found responsible for sexual misconduct will be determined by the Human Resources Director and included in the Notice of Outcome. In determining the appropriate sanction(s) and/or remedies, the Dean (or other Disciplinary Authority) may consider a number of factors, including but not limited to:

  • The nature of the conduct at issue;
  • The impact of the conduct on the Complainant;
  • The impact on, or implications of the conduct for, the university community;
  • Prior misconduct by the Respondent, including the Respondent’s relevant prior discipline history, both at the university or elsewhere, and any criminal convictions, if such information is available and known;
  • Any expression of remorse or acceptance of responsibility by a Respondent;
  • Maintenance of a safe and respectful environment conducive to learning;
  • Protection of the university community;
  • The necessity of any specific action in order to eliminate the Sexual Harassment, prevent its recurrence and remedy its effects on the Complainant or other university community members; and/or
  • Any mitigating, aggravating, or compelling circumstances in order to reach a just and appropriate resolution in each case.

The range of sanctions against a respondent found responsible for sexual misconduct 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 student and third party/visitor complainants (where the third party/visitor was 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 Human Resources Director. Remedies can include, but are not limited, to housing changes, changes in grades (e.g., where a student-complainant was assigned a low grade as part of the harassment), counseling services, medical services, promotion (e.g., where an employee-complainant was denied a promotion as part of the harassment), reenrollment, reinstatement, academic support services, and other measures designed to put the complainant in the position they would have been in had the harassment not occurred.

Remedies for the broader College population will be determined by the Title IX Coordinator and can include, but are not limited to, developing educational materials on sexual misconduct and this Policy for students and/or employees, increased security, conducting bystander intervention and sexual violence prevention programs, and/or issuing Policy statements.

Remedial measures and sanctions will not be imposed until any appeal process in the Policy is final, except that any interim measures may be continued during the appeal process.

VII. Appeals

A. General

Both the complainant and the respondent will be notified simultaneously and in writing of the following procedures for the respondent and the complainant to appeal the result of the hearing:

  1. Both the complainant and the respondent are entitled to appeal the decision of the Hearing Officer.
  2. An appeal must be filed, in writing, within five (5) calendar days of the written Notification of Outcome. The appeal should be turned in to the Title IX Coordinator.
  3. The Appellate Officer is a decision-maker who was not involved in the Hearing and will not be the individual who had served as the Hearing Officer.
  4. Appeals of complaints in which a student is accused of sexual misconduct by another student or by a visitor/third party will be heard by the Human Resources Director. Appeals of complaints in which an employee is accused of sexual misconduct by another employee or by a third-party will be heard by the Dean of Students, or a qualified external reviewer. Appeals of cases in which a student is accused of sexual misconduct by an employee or in which an employee is accused of sexual misconduct by a student will be heard by a qualified external reviewer. Training provided to the appellate officers can be found at Title IX Training.
  5. Any party may raise issues of bias or conflict of interest with regard to the Appellate Officer. The Title IX Coordinator will weigh these issues and resolve them accordingly. No party has a right to disqualify an Appellate Officer absent a demonstrated bias or conflict.
  6. The grounds for appeal are:
    • New evidence not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome.
    • The Title IX Coordinator, investigator(s), or decision-maker(s) had a demonstrated conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
    • Procedural irregularities that affected the outcome.
  7. All decisions by the Appellate Officer are final.

B. Appellate Process

  1. The Parties will have 24 hours to object to the appointment of the Appellate Officer, in writing, on the basis of actual bias or conflict of interest. The basis of the objection must be articulated in writing. The Title IX Coordinator has the sole authority to determine whether to replace the Appellate Officer and that decision is final.
  2. An appeal must articulate the specific grounds for the appeal and provide a statement and/or evidence in support of or challenging the responsibility determination. The parties are entitled to an advisor during the appeal process.
  3. The Appellate Officer will first determine whether the appeal is timely and meets the grounds for appeal. If the appeal is untimely and/or not based on a proper ground for appeal, it may be rejected. If so, the Appellate Officer will notify all parties within 10 business days of the appeal filing that the appeal will not be reviewed.
  4. If the appeal satisfies the grounds for appeal, the Appellate Officer will notify the other party within five (5) calendar days of receipt of the appeal and provide them an opportunity to respond to the appeal in writing within the next five (5) calendar days.
  5. The Appeal Officer may invite the investigator or hearing coordinator to submit a response to the appeal, which will be provided to the parties.
  6. The Appellate Officer will make a finding on the appeal within 15 business days of the appeal being filed, unless extended for good cause. If the timeframe for the decision is to be extended, the Appellate Officer will notify the parties of the extension and the reasons for it.
  7. An appeal of a determination on responsibility is not a review of the entire matter; rather, it is an objective review of the written documentation related to the investigatory and hearing processes and record of the Hearing, along with the appeal-related submissions authorized under this Policy. The Appellate Officer will not interview, question, or meet with the parties or their advisors.
  8. The Appellate Officer is to defer to the original findings and determination, remanding only when there is clear reason to do so, and modifying the outcome and sanction(s)_only when there is a compelling justification to do so.
  9. The Appellate Officer may take one of three possible actions on appeal:
    1. Dismiss the appeal for failure to meet the grounds of appeal, upholding the initial outcome and sanction(s), if applicable; or
    2. Remand to the original investigator or hearing panel with specific instructions on the remanded issues; or
    3. Modify the outcome and/or sanction with a rationale supporting the modification.
  10. The complainant and the respondent will be notified simultaneously and in writing of the result of the appeal and the reasons for the result.
  11. The Appeals Officer’s decision is final and there are no further appeal options.

VIII. Recordkeeping

The College will create, and maintain for a period of seven years, records of each sexual harassment investigation, including:

  • any informal resolution and the result therefrom
  • any determination regarding responsibility and any audio or audiovisual recording or transcript
  • any disciplinary sanctions imposed on the respondent
  • any remedies provided to the complainant
  • any appeal and the result therefrom

The College will also create, and maintain for a period of seven years, any actions, including any supportive measures, taken in response to all reports or formal complaints of sexual misconduct. If the College does not provide a complainant with supportive measures, the College will document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

Appendix B
Procedures For Discrimination And Harassment Complaints

These procedures apply to reports and complaints of discrimination, harassment, and retaliation as defined in Section III of the Policy, except those involving Appendix A. They also apply to reports and complaints of retaliation.

I. Rights

Rights Of The Complainant

When an applicant, student, employee, or visitor, or other third-party (when the visitor/third party is participating or attempting to participate in a College program or activity) files a discrimination or retaliation complaint, the College will provide the complainant a written explanation of their rights, including:

  • The right to a prompt, fair, and impartial investigation of all credible complaints.
  • The right to not be discouraged by College officials from filing a complaint.
  • The right not to be retaliated against for filing a complaint in good faith.
  • The right to know the evidentiary standard the College applies during the complaint resolution process is the preponderance of the evidence standard.
  • The right to reasonably prompt time frames for completion of the investigation process (generally 60 calendar days), recognizing this is influenced by the facts and circumstances; written notice will be provided for any extension of time frames for good cause, including the reasons for any extension.
  • The right to have an advisor of the complainant’s choice accompany and assist throughout the complaint resolution process.
  • The right to an outcome-based solely on the preponderance of reasonably available and relevant evidence presented during the complaint resolution process.
  • The right to petition that anyone involved in the complaint resolution process be removed on the basis of demonstrated bias or actual conflict of interest.
  • The right to be informed of the outcome and sanction within the bounds of what is legally permissible.
  • The right to appeal the finding and sanction in accordance with this Policy.
  • Assurance that the College will take steps to prevent recurrence of any discrimination, harassment, or retaliation and, when appropriate, to remedy the discriminatory effects on the complainant and others involved/affected.

The above explanation of rights will also be provided to an applicant, student, employee, or visitor, or other third-party (regardless of whether the visitor/third party is participating or attempting to participate in a College program or activity) who files a complaint of harassment, as well as the following information:

  • Options for available assistance in and how to request supportive measures. The College will provide such measures regardless of whether the complainant chooses to report the alleged conduct to Campus Security or local law enforcement.
  • For harassing conduct that might be criminal in nature, the option to notify proper law enforcement authorities, including Campus Safety and local police.
  • If a student or employee submits a Personal Protection Order (PPO) to Campus Safety, Campus Safety will notify Wayne State or Detroit Police if the PPO is violated.

Information For The Respondent

When the respondent is associated with the College, the respondent will be provided with the following information:

  • The right to a prompt, fair, and impartial investigation of all credible complaints.
  • The right to know the evidentiary standard the College applies during an investigation is the preponderance of the evidence standard, which means that the evidence must show that more likely than not, the alleged discrimination, harassment, or retaliation did occur.
  • A presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the complaint resolution process.
  • The right to a reasonably prompt time frame for completion of the resolution process (generally 60 calendar days), recognizing this is influenced by the facts and circumstances; written notice will be provided for any extension of time frames for good cause, including the reasons for any extension.
  • The right to an outcome-based solely on a preponderance of the reasonably available and relevant evidence presented during the complaint resolution process.
  • The right to written notice of the outcome and sanction of the hearing.
  • The right to appeal the finding and sanction in accordance with this Policy.
  • The right to petition that anyone involved in the complaint resolution process be removed on the basis of demonstrated bias or an actual conflict of interest.
  • For individual respondents:
    • Options for available assistance in and how to request supportive measures.
    • The right not to be retaliated against for participating in the complaint resolution process.
    • The right to have an advisor accompany and assist throughout the process.

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

II. 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 Coordinator or any College official with authority to institute corrective measures learns of possible sexual misconduct, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures (with or without the filing of a complaint) and explain the process for filing a formal complaint. The Title IX Coordinator will consider the complainant’s wishes as to supportive measures. The Title IX Coordinator will assist the Complainant all parties in obtaining such measures, and is responsible for coordinating their effective implementation.

Supportive measures are available to both the complainant and the respondent before or after the filing of a complaint with the College or local law enforcement, or if no complaint is filed. Supportive measures may be available even if the alleged conduct does not meet the definitions of sexual misconduct in this Policy. The College will maintain as confidential any supportive measures to the extent that maintaining such confidentiality would not impair the ability of the College to provide the measures.

In addition to supportive measures offered after the College learns of possible sexual misconduct, the College will provide written notification to the parties about any existing counseling, health, mental health, advocacy, visa and immigration assistance, student financial aid, and other available services, both within the institution and in the community.

The College may remove a student respondent on an emergency 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 sexual harassment. 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 Human Resources Director may place a non-student employee respondent on administrative leave during the pendency of a grievance process.

III. Complaints

Complaints of discrimination, harassment, and retaliation can be filed with the Office for Institutional Equity and Inclusion or the Office of Human Resources.

Jody Shipper
Title IX Coordinator
Institutional Equity and Inclusion
313.664.7676
titleix@collegeforcreativestudies.edu

Raquel Diroff
Human Resources Director
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 as long as the respondent remains a part of the College community. However, the sooner a complaint is filed, the more effectively it can be investigated, e.g., while witnesses are still available, memories are fresh, and documentation may still be available.

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

  • The complainant subsequently asks to withdraw it;
  • In harassment cases, the respondent is not or is no longer enrolled in or employed by the College (in which case the College may have no way to gather sufficient evidence to make a determination); 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 as set out in Section V below.

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.

Members of the College community are expected to cooperate in the College’s investigations. 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.

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

The investigation and resolution of a complaint will be completed within a reasonably prompt timeframe— generally, within 60 days of receipt of the complaint. 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.

IV. Informal Resolution

After a formal complaint has been filed, the Title IX Coordinator will offer the parties the opportunity to participate in informal resolution. An informal resolution may be used only when both parties agree, in writing, to the use of the Informal Resolution process. The Title IX Coordinator must also agree that the matter is suitable for resolution using the Informal Resolution process. Informal 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 informal resolution process mediation and resume the investigation and grievance process at any time prior to agreeing to a resolution.

A party interested in an Informal Resolution should contact the Title IX Coordinator. The Coordinator will provide the parties with written notice disclosing the allegations, the requirements of the informal resolution process, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared. Before beginning the mediation process, the parties must provide voluntary, written consent. Informal Resolution cannot be offered to resolve allegations that an employee sexually harassed a student.

Informal Resolution will be facilitated by a trained faculty or administrator. The College will attempt to complete the mediation process within 45 calendar days after the agreement to mediate 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 Informal Resolution process, it is considered final, and is not subject to appeal.

A. Notice

Upon receipt of a complaint covered by Appendix B, the Office for Institutional Equity and Inclusion 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 parties to a complaint may have an advisor of their choice (who may be, but is not required to be, an attorney).
  5. Information about Section V of the Policy, regarding the prohibitions against retaliation and against knowingly making false statements or knowingly submitting false information.

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

B. 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.

C. Investigative Process

Complaints of alleged discrimination, harassment, and retaliation covered by these procedures are investigated under the oversight of the Office for Institutional Equity and Inclusion and, where employees are involved, the Office of Human Resources. The Office for Institutional Equity and Inclusion 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 regard to the investigator or anyone from the College involved in conducting or managing the complaint resolution process. The Office for Institutional Equity and Inclusion 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.

The investigation process includes:

  1. Providing the complainant with the opportunity to meet with the investigator and/or to provide a written statement.
  2. Providing the respondent with the opportunity to meet with the investigator and/or to provide a written statement.
  3. 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 (who may be, but is not required to be, an attorney). 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.
  4. The investigator will create a preliminary investigation report summarizing the relevant evidence collected.
  5. 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.
  6. The investigator will address the parties’ responses to the preliminary investigation report and conduct an additional investigation if warranted. If the investigator collects additional evidence, the investigator will give the parties an opportunity to review and respond.
  7. The investigator will then create a final investigation report which will contain recommended findings.
  8. The final investigation report will be forwarded to the Review Board for final determination.
  9. The complainant and respondent may request a written update at any point from the Office for Institutional Equity and Inclusion.

V. Review Board

A. Standard

The purpose of the Review Board is to determine if, more likely than not, discrimination, harassment, or retaliation occurred. This determination is made by the Review Board as an outcome of the Review Board process outlined in section IV.C.

B. Review Board

The Review Board will make a final determination on the case based on the report prepared by the investigator. The Review Board will be composed of three members, one of whom shall be designated as the Review Board Chair. The Review Board Chair shall be charged with setting the meeting time(s), ensuring that the Board has met and completed its review, drafting the determination, and then communicating that determination to the Title IX Coordinator, who will then forward it to the Parties. Depending on the allegations in the complaint and the individuals involved, the Review Board may be composed of the Assistant Dean for Institutional Equity and Inclusion, Human Resources Director, Dean of Students, Vice President for Enrollment and Student Services, and Vice President for Administration and Finance. The College shall have the discretion to appoint one or more outside reviewers to participate as either a Review Board member, or as Review Board Chair.

Any party may raise issues of conflicts of interest with regard to the Review Board. The Title Assistant Dean for Institutional Equity and Inclusion will weigh these issues and resolve them accordingly. If, however, the Assistant Dean is serving on the Review Board, the determination as to whether or not a member of the Policy Review Board has demonstrated a bias for or against either party will be made by the Title IX Coordinator. No party has a right to disqualify a Review Board member absent a demonstrated bias.

C. Review Board Process

The Review Board will review the final investigation report and will then meet to determine whether:

  1. The investigation was conducted in a fair, impartial, and reliable manner;
  2. The information is sufficient and supports the factual findings; and
  3. There is a rational basis, applying the preponderance of evidence standard, for the recommended finding(s).

In reaching a determination the Review Board may elect to meet with the investigator, but may not conduct its own investigation.

After the Review Board has concluded its review of the final investigation report and any additional information requested about the investigation, the Review Board shall either affirm or reject the investigator’s finding(s). Should the Review Board reject the investigation report in whole or in part, the Review Board may:

  1. Modify the investigation report accordingly;
  2. Request that further investigation be undertaken by the same or another investigator;
  3. Request that a de novo investigation be conducted.

If the Review Board determines that the investigator properly concluded that there is insufficient information to find, by a preponderance of the evidence, that a Policy violation occurred, the Review Board will affirm the finding, and will provide to each party its rationale

If the Review Board determines that the investigator properly concluded that there is sufficient information to find, by a preponderance of the evidence, that a Policy violation occurred, the Review Board will coordinate with other College officials regarding any remedies to be provided to the complainant and, in cases of harassment, any sanctions for the respondent (see Section IV.E below). These measures will be designed to eliminate the discrimination, harassment, and/or retaliation, prevent its reoccurrence, and remedy its effects. Sanctions or interventions may also serve to promote safety or deter individuals from similar future behavior. The Policy Review Board will provide each party with its rationale.

D. Notice Of Outcome

The Notice of Outcome prepared by the Review Board will inform the complainant and the respondent of the outcome of an investigation. The Notice, which shall be provided simultaneously and in writing to all involved, will contain: (1) whether the alleged discrimination, harassment, or retaliation occurred, (2) to the extent permitted by the Family Education Records Privacy Act (FERPA), any individual sanctions imposed, (3) other steps the College has taken to prevent further violations of the Policy, and (4) any appeal rights as described in Section V below. The Notice of Outcome provided to the complainant will also identify any individual remedies offered to them.

E. 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 Human Resources Director. 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 Human Resources Director 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 Office for Institutional Equity and Inclusion and can include, but are not limited, to developing educational materials on discrimination, harassment, and retaliation and this Policy for students and/or employees; increased security; conducting bystander intervention and prevention programs; and/or issuing Policy statements.

VI. Appeals

A. Procedure

Both the complainant and, in cases of harassment, the individual respondent are entitled to appeal the decision of the Review Board. The Notice of Outcome will include the following information:

  1. An appeal must be filed, in writing, within 5 business days of the written Notification of Outcome. The appeal should be turned in to the Assistant Dean, Office for Institutional Equity and Inclusion.
  2. The College leadership team (Vice President of Academic Affairs, Vice President of Enrollment and Student Services, Vice President of Administration and Finance, and Vice President of Institutional Advancement, Vice President of Strategy and Communication) will serve as the Appeal Body unless they participated in the Review Board determinations. A member of the leadership team may also recuse themselves if a relationship with a party would compromise the impartiality of the appeal. Any party may raise issues of conflicts of interest with regard to the Appeal Body. The Assistant Dean, Office for Institutional Equity and Inclusion, will weigh these issues and resolve them accordingly. No party has a right to disqualify an Appeal Body member absent a demonstrated bias.
  3. The Appeal Body will first determine whether the appeal meets the grounds for appeal in Section V.B below. If the appeal is not based on a proper ground for appeal, it may be rejected. If so, the Appeal Body will notify all parties within 10 calendar days of the appeal filing that the appeal will not be reviewed.
  4. If the appeal satisfies the grounds for appeal, the Appeal Body will make a finding on the appeal within 15 business days of the appeal being filed. The complainant and, in cases of harassment, the individual respondent will be notified simultaneously and in writing of the results and when such results become final. If the timeframe for the decision is to be extended, the Appeal Body will notify the parties of the extension and the reasons for it.
  5. 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.

B. Grounds For Appeal

  1. New evidence not reasonably available at the time 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 outcome of the matter.
  3. Procedural irregularities that substantially affected the outcome.

EFFECTIVE DATE
August 1, 2017

LAST UPDATED DATE
January 20, 2022

APPROVING OFFICE
Executive