The formal grievance process, outlined below, encompasses the time period from the filing of the Formal Complaint until the issuance of a written determination. This generally takes 60-90 business days to accomplish unless an extension has been requested and granted for good cause. If an extension is granted, written notice will be provided to the parties notifying them of the delay, the reason for the delay and the estimated additional time that will be needed to resolve the matter. Good cause considerations may include the absence of a party, a party’s Advisor or a witness; concurrent law enforcement activity; the need for language assistance or accommodation of disabilities.
In cases where an informal resolution is appropriate and the parties have agreed to such a resolution, the matter will generally be resolved within 30 to 45 business days from the date that the parties and Title IX Coordinator sign the notice of the informal resolution agreement. When an informal resolution process begins, the formal grievance process stops. If either party withdraws from the informal resolution, the grievance clock restarts from the point when the parties entered the informal process.
Title IX Coordinator will reach out to the Complainant and review their rights and options available; provide information on how to file a Formal Complaint.
The Title IX Coordinator will discuss supportive measures available to the Complainant, and implement as requested.
If there is no contact and/or Complainant does not wish to proceed, the Title IX Coordinator will determine if situation poses a risk to the health or safety of the campus community, sufficient for the Title IX Coordinator to sign a Formal Complaint.
This will be done either by the Complainant or in limited circumstances, the Title IX Coordinator and triggers the College’s grievance process.
The Title IX Coordinator determines if the alleged sexual harassment falls within the scope of the Title IX Sexual Harassment Policy, using a two pronged approach; does the conduct meet the Title IX Sexual Harassment definitions and did it occur in jurisdiction as outlined in the Policy.
Title IX Coordinator will complete a ‘dismissal of complaint’ and may reissue or reassign the matter under another College policy as appropriate.
Title IX Coordinator will open a case for investigation and proceed with either the informal or formal grievance procedures notices.
In the event that multiple Formal Complaints would be filed arising out of the same factual circumstances, the Title IX Coordinator will review and may choose to consolidate the complaints.
The Title IX Coordinator will send the Notice of Commencement of investigation to the Parties, which will include sufficient details known at the time, allow sufficient time for Parties to prepare for meetings with Investigator, and assign the Investigator.
After Coordinator sends the Notice of Commencement, the Case Manager will communicate with the Parties to remind them of their right to an Advisor and/or to bring their Union Representative if they are in a Union position.
The Title IX Coordinator and/or Investigator (as matter progresses) will review and where appropriate, may suggest informal resolution to the Parties. In instances where an informal resolution is agreed upon by the parties, the formal grievance process stops. If either party withdraws from informal resolution, then the grievance clock restarts from when the parties entered the informal process.
The Investigator (or Case Manager) will reach out to the Parties, separately, to set up meetings.
During the meetings, each individual will be afforded the opportunity to share their version of events, provide any evidence, suggest any relevant witnesses and submit questions that they would like asked of the other party or any witnesses.
After meeting the Parties, the Investigator develops a plan that outlines a witnesses list, evidence list, intended investigation timeframe and the anticipated order of interviews for all witnesses and parties.
The Investigator will interview witnesses provided by the parties and collect/review evidence as submitted/assembled.
The Investigator will prepare and share with the Parties and their Advisor if desired, the Preliminary Investigation Summary. The Preliminary Summary will include all relevant information directly related to the allegations raised in the Formal Complaint and gathered by the investigators, (including both inculpatory and exculpatory evidence).
The parties will have 10 business days to review the Preliminary Summary and any evidence gathered so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation.
The Investigator will review any responses/rebuttal received by the Parties. The Title IX Investigator will consider any appropriate, additional information provided by the Parties and conduct any additional interviews and/or investigations as deemed necessary.
The Investigator will prepare and share the Final Investigative Case Summary with the Parties, their Advisors if desired, and the Title IX Coordinator through a secure electronic transmission or hardcopy.
The Title IX Coordinator will secure a Decision-Maker who will oversee the Live Hearing.
The Title IX Coordinator will work with the Parties, their Advisor, and the Decision-Maker to schedule a Pre-Hearing Conference and Live Hearing. Notice of Hearing will be provided to the Parties, Advisor and Decision-Maker, in writing, and will include an attachment outlining various elements regarding: Live Hearing rights, decorum, how to request an Advisor, accommodations etc.
If the Parties agreed, the Title IX Coordinator will conduct the Pre-hearing conference which is a specific time where the Parties and their respective Advisors may meet independently of the other Party, with Title IX Coordinator to review the items outlined in the Notice of Live Hearing.
Items that will be reviewed at the Pre-Hearing Conference include: explanation of information contained within the Notice of Hearing; review the live hearing process and Hearing decorum; address any requests regarding services and accommodations that they may require; to assign a College-appointed Advisor if a Party does not already have an Advisor of choice; to raise conflict of interest regarding the selected Decision-Maker(s); present cross-examination questions that they would like forwarded to the Decision-Maker(s) ahead of the live hearing, for relevance determination (any questions deemed irrelevant will be noted at the live hearing and on the record with rationale provided)
At the Live Hearing:
Once the Parties and witnesses have finished answering questions, the Decision-maker(s) will take the matter under advisement for deliberation.
Using a preponderance of the evidence standard (more likely than not), the Decision-Maker(s) will render a final determination and prepare a post deliberation statement.
If a determination of responsible is rendered, the Title IX Coordinator will address the post- deliberation statement as follows: for student Respondents, the matter will be referred to the Student Conduct Office who will determine the appropriate sanctions. Sanctions for employee Respondents will be referred to Human Resources (HR). Human Resources, in conjunction with the employee’s Supervisor, Dean (or other pertinent party), will determine appropriate sanctions.
The Title IX Coordinator, using the post deliberation statement, will prepare the Notice of Final Outcome which will include the final determination regarding responsibility, rationale, and any sanctions imposed, along with appeal information. The Notice of the Final Outcome will be delivered simultaneously to the Parties and their Advisor, if desired, via secure electronic email to their Midmail accounts and/or via hardcopy through the United States Postal Service to the address on file with Mid at the time of issuing the Notice of Final Outcome.
The Complainant or Respondent may file an appeal with the Title IX Coordinator. The petition must be filed within 5 business days of receiving the written Notice of Final Outcome. Any party that files an appeal must do so, in writing, to the Title IX Coordinator.
The Title IX Coordinator will provide the Parties with copies of any Appeal request and will forward the Appeal onto the Appeals Board for review and determination. A written outcome will be provided to the Parties simultaneously, via secure electronic email to the parties’ midmich.edu account, and/or hardcopy through the United States Postal Service to their address on file with the College,