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The College will promptly respond to reports of alleged unlawful discrimination, harassment, sexual misconduct, and other prohibited conduct, under its jurisdiction, in a manner that is not deliberately indifferent to actual knowledge of such misconduct.  In any investigation the College will treat the involved parties (Complainant & Respondent) equitably and afford them certain rights, as outlined below

Statement of Parties’ Rights

When allegations of discrimination, harassment, sexual misconduct, or other prohibited conducted are filed with the Title IX/Civil Rights Coordinator/Deputy, 

Parties’ have the right to

  • An equitable investigation and resolution of all credible allegations of prohibited Discrimination, Harassment, Sexual Misconduct, and Other Prohibited Conduct, when reported in good faith to the Title IX/Civil Rights Coordinator/Deputy
  • Timely written notice of all alleged violations, including the identity of the Parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures, and possible sanctions
  • Timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional reports or Formal Complainants) by updating the Notice of Investigation and Allegation(s) (NOIA) as needed to clarify potentially implicated Policy violations
  • Be informed in advance of any Mid public release of information regarding the allegation(s) or underlying incident(s), whenever possible
  • Have all personally identifiable information protected from Mid’s release to the public without consent, except to the extent permitted by law
  • Be treated with respect by Mid officials
  • Have Mid Policy and Procedures followed without material deviation
  • Voluntarily agree to resolve allegations under the Policy through Informal Resolution without Mid pressure, if Informal Resolution is approved by the Title IX/Civil Rights Coordinator
  • Not be discouraged by Mid officials from reporting Discrimination, Harassment, Sexual Misconduct, and Other Prohibited Conduct to both on-campus and off-campus authorities
  • Be informed of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) for Mid to assist in notifying such authorities, if the party chooses. This also includes the right not to be pressured to report
  • Be informed of available supportive measures, such as counseling, advocacy, health care, student financial aid, visa and immigration assistance, and/or other services, both on campus and in the community
  • A Mid-implemented no-contact order or a no-trespass order against a non-affiliated third party when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct
  • Be informed of available assistance in changing academic and/or employment situations after an alleged incident of Discrimination, Harassment, Sexual Misconduct, and/or Other Prohibited Conduct if such changes are reasonably available. No report or Formal Complaint, or investigation, either institutional or criminal, needs to occur before this option is available. Such actions may include, but are not limited to
    • Referral to confidential resources, including counseling and other mental-health services; and community-based service providers
    • Extension of deadlines or other course-related adjustments
    • Modifications of work or class schedule
    • Campus escort services
    • Safety-planning
    • Mutual restrictions on contact between the Parties
    • Change in work location
    • Leave of absence
    • Increased security monitoring of certain areas of the campus
    • 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
    • Issuance of a Timely Warning, per the Clery Act
    • Any other actions deemed reasonable and appropriate by the Title IX/Civil Rights Coordinator.
  • Have Mid maintain supportive measures for as long as necessary, ensuring they remain confidential, provided confidentiality does not impair Mid’s ability to provide the supportive measures or comply with the law
  • Receive sufficiently advanced written notice of any Mid meetings or interviews involving another party, when possible
  • Identify and have the Investigator(s), Advisors, and/or Decision-Maker question relevant available witnesses, including expert witnesses
  • Provide the Investigator(s)/Decision-Maker with a list of questions that, if deemed relevant by the Investigator(s)/Decision-Maker, may be asked of any party or witness
  • Have Complainant’s inadmissible sexual predisposition/prior sexual history or any party’s irrelevant character evidence excluded by the Decision-Maker
  • Review the Relevant and Directly Related Evidence (if applicable) obtained and respond to that evidence
  • A fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record
  • Receive a copy of all Relevant and Directly Related Evidence (if applicable) obtained during the investigation, subject to privacy limitations imposed by federal and state law, and time to review and comment on the evidence
  • Receive a copy of the Final Investigation Report, including all factual, Policy, and/or credibility analyses performed, and to have time to review and comment on the report prior to a hearing or Final Investigation Summary
  • Be informed of the names of all witnesses whose information will be used to make a Finding, in advance of that Finding, when relevant
  • Regular status updates on the investigation and/or resolution process
  • Have reports of alleged Policy violations addressed by Resolution Process Pool members, or others, who have received relevant annual training as required
  • A decision-making panel that is not single Sex in its composition, if a panel is used
  • Preservation of confidentiality/privacy, to the extent possible and permitted by law
  • Meetings, interviews, and/or hearings that are closed to the public
  • Petition that any Mid representative in the process be recused on the basis of disqualifying bias and/or a conflict of interest
  • Be able to select an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the resolution process
  • Apply the appropriate standard of evidence, preponderance of the evidence, to make a Finding and Final Determination after an objective evaluation of all Relevant Evidence
  • Be present, including presence via remote technology, during all testimony given and evidence presented during any live hearing
  • Be promptly informed of the resolution process Finding(s) and sanction(s) (if any) and be given a detailed rationale for the decision in a written outcome letter delivered to the Parties simultaneously (without undue delay)
  • Be informed in writing of when a Mid decision is considered final and any changes to the Final Determination or sanction(s) that occur post outcome letter delivery
  • Be informed of the opportunity to appeal the Finding(s) and sanction(s) and the procedures for doing so in accordance with Mid’s appeal grounds

Visa & Immigration Assistance

There are occasions when students, faculty, and staff have questions about what the impact of various actions (such as a reduction in course load or a change in work circumstances) will have on their visa or immigration status.  People who have been victims of certain crimes of violence may qualify for immigration relief or be eligible to file an immigration visa petition under the Violence Against Women Act (VAWA), provisions of the Immigration and Nationality Act. To be connected to information and assistance, individuals should contact the College’s Title IX/Civil Rights Coordinator/Deputy. In order to provide proper assistance and/or answer questions, the Title IX/Civil Rights Coordinator/Deputy may seek assistance from internal offices or make referrals to external immigration services/counsel.

Student Financial Aid

Information about financial aid matters is available from the Office of Financial Aid. Students who may need to reduce credit hours or withdraw from their classes, should contact the Financial Aid Office prior to making any adjustments, to discuss their mitigating circumstances.  The Financial Aid Office can be reached by calling (989) 386-6664 or via email at finaid@midmich.edu.

 

College No Contact Directive & Personal Protection Orders

In certain circumstances when the College has jurisdiction over both a Complainant and Respondent, the College may decide to issue a Mutual No-Contact Directive, as a supportive measure.  Generally, the Mutual No Contact Directive prohibits the Complainant and Respondent from having contact with one another, may limit or restrict access to certain areas of campus during certain periods of time, and may require adjustments to the Complainant’s and/or Respondent’s work or class schedule.  These Directives are issued on a case-by-case basis and are enforced at the College level.

A Personal Protection Order (PPO) is a document that is different than a College Mutual No-Contact Directive. It is obtained and issued by a Court, not the College. A PPO orders someone to stop threats or violence against another person and forbids contact. It is enforced by the Police. Any person who has reasonable cause to fear for their personal safety or who has received threats or experienced violence may file a Petition with the Court for a PPO. There are three types of Personal Protection Orders: Domestic Relationship, Non-Domestic (Stalking), and Non-Domestic (Sexual Assault). For information, paperwork, or assistance in obtaining a PPO, please visit Michigan Legal Help .  Assistance can also be provided by contacting sexual assault or domestic violence service providers, such as R.I.S. E Advocacy Inc. (Clare and Isabella Counties) or Shelter House (Gladwin and Midland Counties).  The College cannot apply for a PPO for or on behalf of an individual.  Individuals who receive a Personal Protection Order are encouraged to notify the Office Safety and Security of the issued Order and to discuss a safety action plan while on campus.

For more information on the College Mutual No-Contact Directive or the State of Michigan’s Personal Protection Order, students, faculty, staff and visitors of the College may contact the College’s Deputy Title IX/Civil Rights Coordinator, or email compliance@midmich.edu .

Last Reviewed: March 2024