INTRODUCTION
Mid Michigan College will afford specified rights to any student or employee that reports an incident of discrimination, harassment, sexual misconduct or crimes of violence. These Rights are provided whether the incident occurred on or off campus and whether or not they choose to pursue any formal complaint. The College will support the students or employees right to choose which avenues of assistance are most appropriate for them. These avenues may include assistance from: the Title IX Coordinator, Campus Security, local police agencies (with proper jurisdiction), local victim advocacy, and/or the emergency department of local hospitals.
RIGHTS
Complainants shall be afforded the following rights regardless of whether or not the College has jurisdiction:
- To be treated with dignity and respect
- To be free from any suggestion that the reporting individual is at fault when these violations are committed, or that they should have acted in a different manner to avoid such crimes or violations
- To submit a report with local law enforcement agencies (with proper jurisdiction), when violations of the law have occurred. Mid will assist in this process if assistance is requested
- To decline the option of reporting to law enforcement
- To be provided with information on preserving evidence for proof in a criminal proceeding and clarification on preserving such evidence
- In instances of sexual assaults, to be provided with information on how to obtain a sexual assault medical examination
- To receive information on the process to petition for a Personal Protection Order through the Circuit or Family Court, with proper authority to issue such an Order.
- To be provided with information regarding the availability of counseling, health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available both on-campus and through off-campus external agencies
- To be afforded supportive measures which may include, but is not limited to, assistance in changes to academic situations, matters of transportation, working arrangements, protective measures such as separating the parties, placing limitations on contact between the parties, making alternate class placement or workplace schedules, increased security or monitoring of certain areas of campus, or other assistance, if requested and reasonably available. This is regardless of whether or not a formal report is made. Supportive measures will be kept confidential to the extent that they can be without impairing the ability to provide them
In instances where the College has jurisdiction, victims of discrimination, harassment, or sexual misconduct will be provided with the following additional rights:
- To report the crime or violation to the Title IX Coordinator or designee and decide whether to participate in the College’s judicial process, without any duress from the College
- To be provided with detailed information about the College’s judicial process and grievance procedures
- To be afforded an investigation and resolution that is prompt, fair, impartial and equitable
- To be granted a Mutual Campus No Contact Order against any member of the campus community who has engaged in or threatens to engage in stalking, threats, harassment, or other improper behaviors that present a danger to the welfare of the victim or others
- In instances of sexual misconduct, to have an investigation and proceeding conducted by officials who receive annual misconduct and sexual violence training
- To petition for the removal of any member of the investigation or judicial proceeding, based on demonstrated bias
- To have freedom from retaliation by the College, the accused/Respondent, their friends, family, and acquaintances within the jurisdiction of the College
- To be accompanied to any related meeting or proceeding by an Advisor; the Advisor may be anyone, including a union representative from the Complainant’s collective bargaining unit, an attorney or in cases of sexual misconduct, a Sexual Assault Victim’s Advocate; the Advisor cannot be a person with relevant information to the allegations whom may be interviewed by the Investigator during the investigation; the Advisor may not answer questions for the Complainant regarding the subject matter of the investigation; the Advisor may observe and consult with the Complainant and take appropriate action to ensure that the investigation does not violate policies or collective bargaining agreements
- To understand the standard of evidence that the College uses when making a determination, which is by “preponderance of evidence” or “more likely than not”
- To receive written notification regarding the outcome of any College investigation or proceeding; same is allowed to the accused/Respondent
- To be given notice (to both the Complainant and Respondent) on: the right to file an appeal of the proceeding, any changes that should result from an appeal and when results/findings become final
- To receive information explaining the College’s responsibility of submitting a confidential report (required by the Clery Act) for the purposes of tracking campus crime statistics
- To be provided with a paper copy of the College’s Non-Discrimination, Harassment, and Sexual Misconduct Policy
- In instances of sexual misconduct (including acts of dating violence, domestic violence, stalking and sexual assault) to be provided with a Resource Guide created by Security Operations and Systems entitled, Commonly Asked Questions and Answers for Survivors of Sexual Violence
- To have Rights and options reviewed in more detail, victims are encouraged to contact the College’s Title IX Coordinator whose contact information is listed below.
(updated JULY 2022)