University of Michigan Policy of Sexual and Gender-Based Misconduct

THE UNIVERSITY OF MICHIGAN POLICY

ON SEXUAL AND GENDER-BASED MISCONDUCT

 
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Table of Contents 
 
I.  POLICY STATEMENT ..................................................................................................... 1 
II.  POLICY SCOPE AND APPLICABILITY ........................................................................ 3 
III.  PROHIBITED CONDUCT ................................................................................................ 4 
A.  Federal Rule Sexual and Gender-Based Misconduct.................................................... 5 
B.  Other Sexual and Gender-Based Misconduct ............................................................... 8 
1.  Sexual Assault ......................................................................................................... 9 
2.   Sexual Exploitation ................................................................................................. 9 
3.  Sexual Harassment ................................................................................................ 10 
4.  Gender-Based Harassment .................................................................................... 11 
5.  Sex and Gender-Based Stalking............................................................................ 13 
6.  Intimate Partner Violence ..................................................................................... 14 
C.  Sex and Gender-Based Discrimination ....................................................................... 14 
D.  Other Prohibited Conduct ........................................................................................... 15 
1.  1. Retaliation ......................................................................................................... 15 
2.  Violation of Supportive Measures ........................................................................ 16 
E.  Consent ....................................................................................................................... 16 
1.  Force ..................................................................................................................... 17 
2.  Incapacitation ........................................................................................................ 18 
IV.  ADDITIONAL POLICY DEFINITIONS ........................................................................ 19 
V.  APPLICABLE PROCEDURES UNDER THIS POLICY ............................................... 24 
VI.  CONFIDENTIAL AND NON-CONFIDENTIAL RESOURCES ................................... 25 
A.  Confidential Resources ............................................................................................... 26 
B.  Non-Confidential Resources ....................................................................................... 28 

 
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VII.  REPORTING .................................................................................................................... 29 
A.  Reporting to the University ......................................................................................... 29 
1.  Contact the ECRT Office and Title IX Coordinator ............................................. 29 
2.  Reports to Individuals with Reporting Obligations .............................................. 31 
3.  Anonymous Reporting .......................................................................................... 31 
4.  Reports of Prohibited Conduct by Staff Members in ECRT or ECRT’s 
Supervisory Chain on Each Campus..................................................................... 32 
B.  Reporting to Law Enforcement ................................................................................... 33 
C.  ECRT Actions Upon Receipt of Reports of Prohibited Conduct ............................... 35 
D.  Additional Information about Reporting .................................................................... 35 
1.  Time Frame for Reporting an Incident to the University ..................................... 35 
2.  Privacy and Confidentiality of Reports (and/or Formal Complaints) ................... 36 
3.  Information on Amnesty to Students When Reporting Prohibited Conduct to the 
University .............................................................................................................. 36 
VIII.  INDIVIDUALS WITH REPORTING OBLIGATIONS .................................................. 37 
A.  Employees as IROs ..................................................................................................... 37 
B.  Exempt Disclosures .................................................................................................... 39 
C.  Failure to Adhere to Reporting Obligations................................................................ 40 
D.  Individual with Reporting Obligations Intersection with Campus Security Authority
..................................................................................................................................... 40 
IX.  FORMAL COMPLAINTS ............................................................................................... 40 
X.  SUPPORTIVE MEASURES ............................................................................................ 41 
XI.  EMERGENCY REMOVAL AND ADMINISTRATIVE LEAVE .................................. 43 
XII.   TRAINING ....................................................................................................................... 43 
 

I. POLICY STATEMENT

The University of Michigan, comprised of the Ann Arbor campus, the University of Michigan-

Dearborn, the University of Michigan-Flint, and Michigan Medicine

(collectively the

“University”), is committed to creating and maintaining a safe and non-discriminatory campus

community that is free from Sexual and Gender-Based Misconduct

and that enables individuals

engaged in its PROGRAMS OR ACTIVITIES to participate fully in the scholarly, research,

educational, patient care, and service missions of the University. The University does not

discriminate on the basis of sex or gender in any of its PROGRAMS OR ACTIVITIES.

The University of Michigan Policy on Sexual and Gender-Based Misconduct (“Policy”)

prohibits Federal Rule Sexual and Gender-Based Misconduct; Other Sexual and Gender-

Based Misconduct; Sex and Gender-Based Discrimination; Retaliation; and Violation of

SUPPORTIVE MEASURES (also referred to collectively as “PROHIBITED CONDUCT”), as each term

is defined in Section III below.

The University must define and respond to certain types of misconduct as required by regulations

published May 19, 2020 by the U.S. Department of Education to implement Title IX of the

Education Amendments of 1972, codified at 34 C.F.R. Part 106 (the “Title IX Regulations”) and

related guidance; this misconduct is referred to in the Policy as “Federal Rule Sexual and

Gender-Based Misconduct.” The Title IX Regulations also allow the University to define and

regulate misconduct that falls outside the scope of the Title IX Regulations, but which the

University is committed to addressing as a matter of University policy and/or as required by

other applicable law (referred to in the Policy as “Other Sexual and Gender-Based Misconduct”

and “Sex and Gender-Based Discrimination”). Accordingly, this Policy is consistent with the

Title IX Regulations and related guidance, as well as the University’s mission and commitment

to ensuring a safe and non-discriminatory campus community.

The University of Michigan Policy on Sexual and Gender-Based Misconduct (“Policy”)

prohibits the following types of conduct as defined in Section III below (also referred to

collectively as “PROHIBITED CONDUCT”):

Federal Rule Sexual and Gender-Based Misconduct (i.e., Quid Pro Quo Sexual

Harassment; Severe, Pervasive and Objectively Offensive Sexual Harassment; Sexual

This Policy applies to all workforce members of Michigan Medicine, including those working remotely. A workforce member

is defined as any Michigan Medicine EMPLOYEE (regular and temporary), faculty, staff, STUDENT, volunteer, trainee, visiting

scholar, or contract personnel, or University of Michigan EMPLOYEE providing shared services to Michigan Medicine. Michigan

Medicine is defined as University of Michigan Health, University of Michigan Medical School and University of Michigan

Shared Services. Michigan Medicine includes hospitals, outpatient/ambulatory clinics, home care, and facilities 100% owned or

controlled by Michigan Medicine. Subject to the application of this Policy to Michigan Medicine workforce members working

remotely, (i) Michigan Medicine does not include affiliates, joint ventures, or subsidiaries that are not 100% owned or not

controlled by Michigan Medicine and (ii) the operations of University of Michigan Health – West (f/k/a Metropolitan Hospital)

or its subsidiaries and affiliates.

Terms defined in Section IV below are capitalized throughout the Policy.

Assault; Intimate Partner Violence; and Sex and Gender-based Stalking that allegedly

occurred on campus or other property owned or controlled by the University and/or in the

context of a University PROGRAM OR ACTIVITY as defined below in the United States; as

defined by and within the scope of Title IX); and

Other Sexual and Gender-Based Misconduct (i.e., Sexual Assault, Sexual Harassment,

Sex and Gender-Based Harassment, Sex and Gender-Based Stalking, and Intimate

Partner Violence that allegedly occurred off campus or on property not owned or

controlled by the University and/or outside the context of a University PROGRAM OR

ACTIVITY as defined below and/or outside the United States, but that potentially poses a

serious threat of harm, has a continuing adverse effect on, or creates a hostile

environment for Students, Employees, or Third Parties while on campus or other property

owned or controlled by the University, or in any University Program or Activity, as

determined at the University’s discretion as explained below; and Sexual Exploitation).

Sex and Gender-Based Discrimination, whether within or outside the scope of Title IX,

as defined in Section III below. When the University receives an allegation that an

individual subject to this Policy has engaged in discrimination on the basis of sex, gender

identity, gender expression and/or sexual orientation in violation of the University’s

prohibition of Other Sex and Gender-Based Discrimination (including but not limited to

an allegation that such discrimination has occurred in, e.g., a PROGRAM OR ACTIVITY

conducted by the University for individuals who are neither University employees nor

students (such as, e.g., sports or academic camps offered to K-12 students), or that a

University program or activity, policy, or practice (such as, for example, the University’s

provision of athletics or a University employment or student life policy) may be

discriminatory on such bases, the University will, in accordance with Section 106.8 of the

Title IX regulations and/or this Policy, promptly and equitably review that concern

pursuant to the Student Procedures or the Employee Procedures as applicable, even if

there is no identified decisionmaker(s) who would reasonably be identified as a

Respondent.

Other Prohibited Conduct (i.e., Retaliation and Violation of SUPPORTIVE MEASURES, as

defined in Section III below).

All members of the UNIVERSITY COMMUNITY are encouraged to share details they receive about

possible PROHIBITED CONDUCT with the EQUITY, CIVIL RIGHTS AND TITLE IX OFFICE (“ECRT”),

whether or not they have an obligation to share such information under Section VIII of the Policy

(“INDIVIDUALS WITH REPORTING OBLIGATIONS”).

PROHIBITED CONDUCT undermines the character and purpose of the University, and the

University will take appropriate prompt and effective action to eliminate PROHIBITED CONDUCT,

prevent its recurrence, and remedy its effects. PROHIBITED CONDUCT may also constitute crimes

that violate federal and state law.

The University adopts this Policy with a commitment to: (1) eliminating, preventing, and

addressing the effects of PROHIBITED CONDUCT; (2) fostering an environment where all

individuals are well-informed and supported in reporting possible PROHIBITED CONDUCT; (3)

providing a fair and impartial process – including constitutionally required due process where

applicable – for all parties; and (4) identifying the procedures by which violations of this Policy

will be evaluated. EMPLOYEES, STUDENTS, or THIRD PARTIES (as defined in Section IV below)

who violate this Policy may face, as appropriate, disciplinary action up to and including

termination, expulsion, or other actions.

It is the responsibility of every member of the UNIVERSITY COMMUNITY to foster an environment

free of PROHIBITED CONDUCT. All members of the UNIVERSITY COMMUNITY are encouraged to

take reasonable and prudent actions to prevent or stop such behavior.

This Policy sets forth how the University will proceed once it is made aware of possible

PROHIBITED CONDUCT, including where the identity of one or more parties is unknown

, and

including concerns of Sex and Gender-Based Discrimination regardless of whether an individual

has been identified as a Respondent, e.g., where it is alleged that a University PROGRAM OR

ACTIVITY, practice, or policy is discriminatory. The Policy is in keeping with our institutional

values and is intended to meet our obligations under Title VII of the Civil Rights Act of 1964

(“Title VII”); Title IX of the Education Amendments of 1972 (“Title IX”) and regulations

promulgated thereunder in 2020 and subsequent guidance; the Jeanne Clery Disclosure of

Campus Security Policy and Campus Crime Statistics Act (“Clery Act”), as amended by the

Violence Against Women Reauthorization Act of 2013 (“VAWA”), with respect to its

application to PROHIBITED CONDUCT; and other applicable law and regulations. Nothing in this

Policy is intended to or will be implemented in ways that unlawfully prohibit constitutionally

protected speech and expression.

II. POLICY SCOPE AND APPLICABILITY

This Policy applies to STUDENTS, EMPLOYEES, and to the extent noted below, THIRD PARTIES,

including PATIENTS. This Policy covers acts of PROHIBITED CONDUCT committed by or against

STUDENTS, EMPLOYEES, and, as applicable, THIRD PARTIES when the PROHIBITED CONDUCT

occurs:

● On campus or other property owned or controlled by the University;

● In the context of a University PROGRAM OR ACTIVITY including, but not limited to,

University-sponsored study abroad, research, field work, practicums, internship

programs, online programs, employment, a PROGRAM OR ACTIVITY conducted by the

University for individuals who are neither University employees nor students (such

as, e.g., sports or academic camps offered to K-12 students), or patient care services

rendered at the University of Michigan Academic Medical Center as defined in

Regents' Bylaw 11.36; or

To the extent feasible, the University will make reasonable efforts to investigate reports of Prohibited Conduct even where the

identity of one or more parties is unknown; the University encourages the reporting of such conduct so that it may do so.

● Outside of a University PROGRAM OR ACTIVITY, but potentially poses a serious threat

of harm, has a continuing adverse effect on, or creates a hostile environment for

STUDENTS, EMPLOYEES, or THIRD PARTIES while on campus or other property owned

or controlled by the University, or in any University PROGRAM OR ACTIVITY. The

University retains discretion to determine whether PROHIBITED CONDUCT occurring

outside of the University PROGRAM OR ACTIVITY is within the University’s

jurisdiction. In determining whether the University has jurisdiction over off-campus

or online conduct that did not occur in a University PROGRAM OR ACTIVITY, the

University will consider the severity of the alleged conduct, the risk of ongoing harm,

whether both parties are members of the UNIVERSITY COMMUNITY, the impact on the

University PROGRAM OR ACTIVITY, and whether off-campus conduct is part of a

series of actions that occurred both on and off campus.

This Policy supersedes any conflicting information in any other University policies with respect

to the definitions or procedures relating to PROHIBITED CONDUCT.

III. PROHIBITED CONDUCT

PROHIBITED CONDUCT under this Policy refers to: (1) Federal Rule Sexual and Gender-Based

Misconduct (i.e., Quid Pro Quo Sexual Harassment; Severe, Pervasive and Objectively

Offensive Sexual Harassment; Sexual Assault; Intimate Partner Violence; and Sex and Gender-

based Stalking; as defined by and within the scope of Title IX); (2) Other Sexual and Gender-

Based Misconduct (i.e., Sexual Assault; Sexual Exploitation; Sexual Harassment; Gender-Based

Harassment; Sex and Gender-Based Stalking; Intimate Partner Violence); (3) Sex and Gender-

Based Discrimination; and (4) Other Prohibited Conduct (i.e., Retaliation and Violation of

Supportive Measures).

For EMPLOYEES, in those instances in which reported behavior could constitute both Federal

Rule Sexual and Gender-Based Misconduct and Other Prohibited Conduct, the procedures

applicable to Federal Rule Sexual and Gender-Based Misconduct generally will be used as long

as Federal Rule Sexual and Gender-Based Misconduct is under investigation. Please see Section

VIII in the Employee Procedures for additional information. Federal Rule Sexual and Gender-

Based Misconduct procedures will not be used if, for whatever reason, the Federal Rule Sexual

and Gender-Based Misconduct is no longer under investigation. In such cases, the procedures

applicable to Other Sexual and Gender-Based Misconduct, Sex and Gender-Based

Discrimination, and Other Prohibited Conduct will be used. As set forth in Section V below,

there is only one set of applicable procedures for STUDENTS, irrespective of whether the alleged

PROHIBITED CONDUCT is Federal Rule Sexual and Gender-Based Misconduct, Other Sexual and

Gender-Based Misconduct, Sex and Gender-Based Discrimination or Other Prohibited Conduct.

Unless specifically prohibited by Title IX or other applicable law, neither this Policy nor the accompanying procedures alter

EMPLOYEE existing rights under other University policies and procedures that provide for pre-disciplinary meetings, reviews of,

and/or challenges to, employment status-related decisions (e.g., Regents’ Bylaw 5.09, faculty grievance procedures, applicable

collective bargaining agreements, SPG 201.08, and SPG 201.12).

Whether someone has engaged in PROHIBITED CONDUCT under this Policy will be assessed under

a REASONABLE PERSON standard, as defined below in Section IV.T.

A. Federal Rule Sexual and Gender-Based Misconduct

Federal Rule Sexual and Gender-Based Misconduct is a type of PROHIBITED CONDUCT that meets

the definition of Sexual Harassment in the Title IX implementing regulations at 34 CFR Part

106.30. Conduct about which a FORMAL COMPLAINT is filed rises to the level of Federal Rule

Sexual and Gender-Based Misconduct when it:

1. Occurs in the United States;

2. Occurs in a University PROGRAM OR ACTIVITY; and

3. Is conduct on the basis of sex in which:

a. An EMPLOYEE conditions the provision of a University aid, benefit, or

service on an individual’s participation in unwelcome sexual conduct

(“Quid Pro Quo Sexual Harassment”);

b. A STUDENT, EMPLOYEE, or THIRD PARTY engages in unwelcome conduct

determined by a REASONABLE PERSON to be so severe, pervasive, and

objectively offensive that it effectively denies another person equal access

to a University PROGRAM OR ACTIVITY (“Severe, Pervasive and

Objectively Offensive Sexual Harassment”); or

c. A STUDENT, EMPLOYEE, or THIRD PARTY engages in:

i. Sexual Assault as defined for purposes of the FBI’s Uniform Crime

Reporting (NIBRS) program, as follows:

a. Rape:

1. The carnal knowledge of a person (i.e., penile-vaginal

penetration), without the Consent of that person,

including instances where the person is incapable of

giving Consent because of their age or because of their

temporary or permanent mental or physical incapacity

(it should be noted that either females or males could be

COMPLAINANTS under this definition);

2. Oral or anal sexual intercourse (i.e., penile penetration)

with another person, without the consent of that person,

including instances where the person is incapable of

giving Consent because of their age or because of their

temporary or permanent mental or physical incapacity;

3. To use an object or instrument (e.g., an inanimate

object or body part other than a penis) to unlawfully

penetrate, however slightly, the genital or anal opening

of the body of another person, without the Consent of

that person, including instances where the person is

incapable of giving Consent because of their age or

because of their temporary or permanent mental or

physical incapacity;

b. Fondling:

The touching of the private body parts of another

person for the purpose of sexual gratification, without

the consent of that person, including instances where

the person is incapable of giving consent because of

their age or because of their temporary or permanent

mental or physical incapacity (for purposes of this

definition, “private body parts” includes breasts,

buttocks, or genitals, whether clothed or unclothed or

over or under clothing);

c. Incest:

Sexual intercourse between persons who are related to

each other within the degrees wherein marriage is

prohibited by law; or

d. Statutory Rape:

Sexual intercourse with a person who is under the

statutory age of Consent.

ii. Sex or Gender-Based Stalking

Sex and Gender-Based Stalking occurs when an individual

intentionally engages in a course of conduct which is directed at a

specific person under circumstances that would cause a

REASONABLE PERSON

to:

● Fear for their own safety or the safety of others; or

For purposes of this definition of Sex and Gender-Based Stalking only, the definition of “REASONABLE PERSON” is a

REASONABLE PERSON under similar circumstances and with similar identities to the COMPLAINANT.

● Suffer substantial emotional distress.

Course of conduct means two or more intentional acts, including but

not limited to, acts in which a person directly, indirectly or through

third parties, by any action, method, device, or means, follows,

monitors, surveils, threatens, contacts or attempts to contact another

person, or interferes with another person’s property.

This Policy addresses stalking on the basis of sex or gender.

Stalking is generally determined to be sex or gender-based when it:

● is sexual or romantic in nature;

● is committed by the COMPLAINANT’S current or former partner of an

intimate, romantic, or sexual nature; and/or

● is related to the COMPLAINANT’s actual or perceived sex, sexual

orientation, gender identity, or gender expression (including the

COMPLAINANT’s exhibiting or failing to conform to traditional

notions of femininity and masculinity).

Where a report of Sex and Gender-Based Stalking involves the

alleged behavior of a STUDENT, the TITLE IX COORDINATOR will

determine if the reported conduct meets these criteria. Alleged

stalking behavior by a STUDENT that does not fall under this Policy

may be addressed under the relevant Student Code of Conduct on the

Ann Arbor, Dearborn, or Flint campus, as applicable.

Where a report of Sex and Gender-Based Stalking involves the

alleged behavior of a faculty or staff member, or THIRD PARTY, the

TITLE IX COORDINATOR, in consultation with the applicable Human

Resources unit, will determine if the reported conduct meets the

above criteria. Alleged Stalking behavior by a faculty or staff

member, or a THIRD PARTY that does not fall under this Policy may

be addressed under the Violence in the University Community

Policy, SPG 601.18.

iii. Dating Violence

Violence committed by a person:

● Who is or has been in a social relationship of a romantic or

intimate nature with the victim; and

● Where the existence of such a relationship shall be determined

based on the reporting party’s statement and with a consideration

of the following factors:

o The length of the relationship;

o The type of relationship; and

o The frequency of interaction between the persons

involved in the relationship.

Dating Violence includes, but it is not limited to, sexual or physical

abuse or the threat of such abuse.

iv. Domestic Violence

“Domestic Violence” includes felony or misdemeanor crimes of

violence committed by a current or former spouse or intimate partner

of the victim, by a person with whom the victim shares a child in

common, by a person who is cohabitating with or has cohabitated

with the victim as a spouse or intimate partner, by a person similarly

situated to a spouse of the victim under the domestic or family

violence laws of Michigan, or by any other person against an adult or

youth victim who is protected from that person’s acts under the

domestic or family violence laws of Michigan

When reported behavior meets the above definition, it may constitute Federal Rule Sexual and

Gender-Based Misconduct and will be addressed under the procedures applicable to Federal Rule

Sexual and Gender-Based Misconduct, even if the behavior also may constitute other

PROHIBITED CONDUCT. If at any point the University determines that the reported behavior does

not meet the definition of Federal Rule Sexual and Gender-Based Misconduct, the matter will

continue as an Other Sexual and Gender-Based Misconduct matter, Sex and Gender-Based

Discrimination matter, and/or Other Prohibited Conduct matter under the Student Procedures or

Employee Procedures, as applicable to such other forms of PROHIBITED CONDUCT. Conversely, if

the University is investigating a report of one of these other forms of PROHIBITED CONDUCT and

receives information that indicates the behavior at issue meets the definition of Federal Rule

Sexual and Gender-Based Misconduct, the matter will continue under the procedures applicable

to Federal Rule Sexual and Gender-Based Misconduct. To the extent that reported behavior may

meet the definition of Federal Rule Sexual and Gender-Based Misconduct and any other form of

conduct prohibited by this Policy (i.e. Other Sexual and Gender-Based Misconduct, Sex or

Gender-Based Discrimination, or Other Prohibited Conduct), the University will treat the

conduct as Federal Rule Sexual and Gender-Based Misconduct for purposes of its response.

B. Other Sexual and Gender-Based Misconduct

When reported behavior meets the following definition, it may constitute Other Sexual and

Gender-Based Misconduct and will be addressed under the procedures applicable to Other

Sexual and Gender-Based Misconduct, unless it is being investigated simultaneously with

reported Federal Rule Sexual and Gender-Based Misconduct as explained in Section III.A.

above.

1. Sexual Assault

Sexual Assault is conduct that does not fall within the definition of Federal

Rule Sexual and Gender-Based Misconduct outlined in Section III.A.

above where:

a. Sexual Contact occurs without Consent.

b. Non-consensual physical abuse (e.g. slapping on the face, hair

pulling, choking) occurs in conjunction with consensual or non-

consensual Sexual Contact.

For purposes of this definition, Sexual Contact includes:

● Intentional sexual touching of another person’s breasts, buttocks,

or genitals, whether clothed or unclothed or over or under clothing

(including intentional touching with ejaculate);

● Intentional sexual touching with one’s breast, buttocks, or genitals

(including touching with ejaculate);

● Making a person touch another person or themselves with or on

any of these body parts; and/or

● Vaginal, or anal penetration or contact by a penis, tongue, finger,

or other object, and/or mouth to genital contact.

2. Sexual Exploitation

Sexual Exploitation is intentional conduct by which an individual takes or

attempts to take non-consensual sexual advantage of another for one’s

own benefit, or to benefit anyone other than the one being exploited, and

which does not fall within the definition of Federal Rule Sexual and

Gender-Based Misconduct outlined in Section III.A. above. Examples of

Sexual Exploitation include the following:

● Intentionally or knowingly causing the Incapacitation of another

person (through alcohol, drugs, or any other means) for the

purpose of compromising that person’s ability to give Consent to

Sexual Activity;

● Intentionally or knowingly engaging in voyeurism, including

observing or allowing another(s) to observe private sexual or

intimate activity (e.g., disrobing, bathing, toileting) without the

Consent of the individual(s) being observed, whether from a

hidden location or through electronic means (e.g., Skype or live-

streaming of images);

● Intentionally or knowingly recording or photographing, or

disseminating or posting images of private sexual or intimate

activity and/or a person’s intimate parts (including genitalia, groin,

breasts and/or buttocks) without Consent;

● Intentionally or knowingly, without Consent, engaging in the

recruitment, transportation, harboring, or receipt of a person(s) for

the purposes of a commercial sex act(s);

● Intentionally or knowingly demanding financial compensation,

Sexual Activity, or some other benefit under threat of

disseminating or posting an image, video or other recording, of

private sexual or intimate activity and/or a person’s genitalia,

groin, breasts, and/or buttocks;

● Intentionally or knowingly exposing another person to a sexually

transmitted infection without the other’s knowledge; and/or

● Intentionally or knowingly, through one’s actions, aiding or

assisting another person in committing an act of PROHIBITED

CONDUCT.

3. Sexual Harassment

Sexual Harassment is any unwelcome conduct of a sexual nature, whether

verbal, graphic (e.g., pictures and videos), physical, or otherwise that does

not fall within the definition of Federal Rule Sexual and Gender-Based

Misconduct outlined in Section III.A. above, when:

● Submission to such conduct is made, either explicitly or implicitly,

a term or condition of a person’s employment, education, living

environment, or participation in any University PROGRAM OR

ACTIVITY (i.e., Quid Pro Quo Sexual Harassment);

● Submission to or rejection of such conduct by an individual is used

as the basis for or a factor in decisions affecting that individual’s

employment, education, living environment, or participation in a

University PROGRAM OR ACTIVITY (i.e., Quid Pro Quo Sexual

Harassment); and/or

● Such conduct creates a hostile environment. Behavior creates a

hostile environment when it is sufficiently severe, persistent, or

pervasive that it interferes with a REASONABLE PERSON’S

participation in a University PROGRAM OR ACTIVITY. To create a

hostile environment, behavior must be deemed severe, persistent,

or pervasive from both a subjective and an objective perspective.

In evaluating whether a hostile environment exists, the University

will consider the totality of known circumstances, including the

nature, frequency, intensity, location, context, and duration of the

behavior. Although a hostile environment is generally created

through a series of incidents, for purposes of this Policy, a single

severe incident can be sufficient to constitute a hostile

environment. It is important to note that not all unwelcome

conduct or speech of a sexual nature creates a hostile environment.

Examples of conduct that may constitute Sexual Harassment include but

are not limited to:

● Unwanted intentional touching such as kissing, hugging, or sexual

touching that otherwise does not typically constitute Sexual

Assault, as defined above;

● Unwanted sexual advances, including repeated unwanted requests

for dates, or repeated unwanted requests for sexual contact;

● Unwanted written, verbal, or electronic statements of a sexual

nature, including sexually suggestive comments, jokes, or

innuendos;

● Exposing one’s genitalia, breasts, or buttocks, to another; and/or

● Touching oneself sexually for others to view.

4. Gender-Based Harassment

Gender-Based Harassment includes harassment based on actual or

perceived sex, sexual orientation, gender identity, gender expression, or

pregnancy that does not fall within the definition of Federal Rule Sexual

and Gender-Based Misconduct outlined in Section III.A. above. Such

harassment may include acts of aggression, intimidation, or hostility,

whether verbal, graphic, physical, or otherwise, even if the acts do not

involve conduct of a sexual nature, when the behavior:

● Adversely affects a term or condition of an individual’s

employment, education, living environment, or participation in a

University PROGRAM OR ACTIVITY;

● Is used as the basis for or a factor in decisions affecting that

individual’s employment, education, living environment, or

participation in a University PROGRAM OR ACTIVITY; and/or

● Creates a hostile environment. Behavior creates a hostile

environment when it is sufficiently severe, persistent, or pervasive

that it interferes with a REASONABLE PERSON’S participation in a

University PROGRAM OR ACTIVITY. To create a hostile

environment, behavior must be deemed severe, persistent, or

pervasive from both a subjective and objective standard. In

evaluating whether a hostile environment exists, the University

will consider the totality of known circumstances, including the

nature, frequency, intensity, location, context, and duration of the

behavior. Although a hostile environment is generally created

through a series of incidents, for purposes of this Policy, a single

severe incident, can be sufficient to constitute a hostile

environment. It is important to note that not all gender-based

behavior or speech creates a hostile environment.

Examples of conduct that may constitute Gender-Based Harassment

include but are not limited to:

● A series of written, verbal, or electronic statements that disparage a

person based on their actual or perceived sex, gender identity,

gender expression, sexual orientation, or pregnancy;

● Threats of violence toward an individual based on their actual or

perceived identity; within a protected class, or toward an entire

sex, gender identity, gender expression, sexual orientation, or

pregnancy status as a group; and/or

● Defacing University property, or another individual’s property,

with symbols or language intended or understood by a

REASONABLE PERSON to disparage or threaten a person or group

based on sex, gender identity, gender expression, sexual

orientation, or pregnancy.

In some cases, harassment may be based on multiple protected class bases

included in the University’s Nondiscrimination Policy Notice. In general,

harassment involving protected class bases other than actual or perceived

gender, sexual orientation, gender identity, or gender expression might fall

under other University policies. For matters involving STUDENT

RESPONDENTS, this would include the Student Code of Conduct in effect at

the specific campus. For matters involving EMPLOYEE or THIRD PARTY

RESPONDENTS, this could include, but is not limited to the Discrimination

and Harassment Policy, SPG 201.89-1. Where reported harassment may

be based on both sex or gender (including actual or perceived sex, sexual

orientation, gender identity, gender expression or pregnancy) and another

protected class basis (e.g., race, color, national origin, age, marital status,

disability, religion, height, weight, or veteran status), ECRT will consult

with other University officials, as needed, to determine whether the matter

is most appropriately addressed under this Policy or another University

Policy, or whether different aspects of the matter should be addressed

separately under each.

5. Sex and Gender-Based Stalking

Sex and Gender-Based Stalking occurs when an individual intentionally

engages in a course of conduct that does not fall within the definition of

Federal Rule Sexual and Gender-Based Misconduct outlined in Section

III.A. above and which is directed at a specific person under

circumstances that would cause a REASONABLE PERSON

to:

● Fear for their own safety or the safety of others; or

● Suffer substantial emotional distress.

Course of conduct means two or more intentional acts, including but not

limited to, acts in which a person directly, indirectly or through third

parties, by any action, method, device, or means, follows, monitors,

surveils, threatens, contacts or attempts to contact another person, or

interferes with another person’s property.

This Policy addresses stalking on the basis of sex or gender. Stalking is

generally determined to be sex or gender-based when it:

● is sexual or romantic in nature;

● is committed by the COMPLAINANT’S current or former partner of

an intimate, romantic, or sexual nature; and/or

● is related to the COMPLAINANT’s actual or perceived sex, sexual

orientation, gender identity, or gender expression (including the

COMPLAINANT’s exhibiting or failing to conform to traditional

notions of femininity and masculinity).

Where a report of Sex and Gender-Based Stalking involves the alleged

behavior of a STUDENT, the TITLE IX COORDINATOR will determine if the

reported conduct meets these criteria. Alleged stalking behavior by a

STUDENT that does not fall under this Policy may be addressed under the

relevant Student Code of Conduct on the Ann Arbor, Dearborn, or Flint

campus, as applicable.

Where a report of Sex and Gender-Based Stalking involves the alleged

behavior of a faculty or staff member, or THIRD PARTY, the TITLE IX

COORDINATOR, in consultation with the applicable Human Resources unit,

will determine if the reported conduct meets the above criteria. Alleged

For purposes of this definition of Sex and Gender-Based Stalking only, the definition of “REASONABLE PERSON” is a

REASONABLE PERSON under similar circumstances and with similar identities to the COMPLAINANT.

Stalking behavior by a faculty or staff member, or a THIRD PARTY that

does not fall under this Policy may be addressed under the Violence in the

University Community Policy, SPG 601.18.

6. Intimate Partner Violence

Intimate Partner Violence or “IPV”, includes Dating Violence and

Domestic Violence as defined below that does not fall within the

definition of Federal Rule Sexual and Gender-Based Misconduct outlined

in Section III.A. above.

The term “Dating Violence” means violence committed by a person:

● Who is or has been in a social relationship of a romantic or

intimate nature with the victim; and

● Where the existence of such a relationship shall be determined

based on the reporting party’s statement and with a consideration

of the following factors:

o The length of the relationship;

o The type of relationship; and

o The frequency of interaction between the persons involved

in the relationship.

Dating Violence includes, but it is not limited to, sexual or physical abuse

or the threat of such abuse.

The term “Domestic Violence” includes felony or misdemeanor crimes of

violence committed by a current or former spouse or intimate partner of

the victim, by a person with whom the victim shares a child in common,

by a person who is cohabitating with or has cohabitated with the victim as

a spouse or intimate partner, by a person similarly situated to a spouse of

the victim under the domestic or family violence laws of Michigan, or by

any other person against an adult or youth victim who is protected from

that person’s acts under the domestic or family violence laws of Michigan.

C. Sex and Gender-Based Discrimination

Sex and Gender-Based Discrimination may fall within or outside of the

scope of Title IX. Sex and Gender-Based Discrimination prohibited by the

University is conduct that is based upon an individual’s sex, sexual

orientation, gender identity, gender expression, or pregnancy that does not

fall within the definitions of Federal Rule Sexual and Gender-Based

Misconduct or Other Sexual and Gender-Based Misconduct outlined in

Sections III.A. and III.B. above, that:

● Adversely affects a term or condition of an individual’s

employment, education, living environment, or participation in a

University PROGRAM OR ACTIVITY; and/or

● Is used as the basis for or a factor in decisions affecting that

individual’s employment, education, living environment, or

participation in a University PROGRAM OR ACTIVITY.

Some examples of conduct that may constitute prohibited Sex or Gender

Based Discrimination may include, but are not limited to:

● Denying a person access to an educational or employment program

based on that person’s sex, sexual orientation, gender identity,

gender expression, or pregnancy;

● Denying raises, benefits, promotions, and/or other conditions of

employment on the basis of a person’s sex, sexual orientation,

gender identity, gender expression, or pregnancy; and/or

● Preventing any person from using University facilities or services

because of that person’s sex, sexual orientation, gender identity,

gender expression, or pregnancy.

D. Other Prohibited Conduct

1. Retaliation

The University prohibits Retaliation in the form of conduct that

intimidates, threatens, coerces, or discriminates against any individual for

the purpose of interfering with any right or privilege secured by Title IX

or this Policy, or because the individual has made a report or complaint,

testified, assisted, or participated or refused to participate in any manner in

an investigation, proceeding, or hearing under this Policy. Intimidation,

threats, coercion, or discrimination, including charges against an

individual for code of conduct violations that do not involve sex

discrimination or sexual harassment, but arise out of the same facts or

circumstances as a report or complaint of sex discrimination, or a report or

formal complaint of sexual harassment, for the purpose of interfering with

any right or privilege secured by Title IX or this Policy, constitutes

Retaliation.

Retaliation prohibited by the University also includes intimidation, threats,

coercion, or discrimination, including adverse employment or educational

actions, that would discourage a REASONABLE PERSON from engaging in

activity protected under this Policy.

The exercise of rights protected under the First Amendment does not

constitute Retaliation. Pursuit of civil, criminal, or other legal action,

internal or external to the University, does not constitute Retaliation.

Initiating disciplinary proceedings against an individual for making a

materially false statement in bad faith in the course of a proceeding under

the Policy does not constitute Retaliation under this Policy; however, a

determination regarding responsibility, alone, is insufficient to conclude

that any party made a materially false statement in bad faith.

2. Violation of Supportive Measures

SUPPORTIVE MEASURES are discussed in more detail in Section X. Failure

to comply with SUPPORTIVE MEASURES as required is a separate violation

of this Policy.

E. Consent

Some forms of PROHIBITED CONDUCT as defined above involve the issue of

Consent. For purposes of this Policy, Consent is a clear and unambiguous

agreement, expressed outwardly through mutually understandable words or

actions, to engage in Sexual Activity.

For purposes of this section, Sexual Activity refers to any conduct of a sexual

nature for which Consent is required under this Policy (i.e., Sexual Contact, as

defined above and behaviors identified in the definition of Sexual Exploitation,

above, that require Consent). A person who initiates Sexual Activity is

responsible for obtaining Consent for that conduct. Consent cannot be obtained

by Force or in circumstances involving Incapacitation, as defined below.

In evaluating whether Consent was given under this Policy, the issue is:

● Did the person initiating Sexual Activity know that the conduct in

question was not consensual?

● If not, would a REASONABLE PERSON who is unimpaired by alcohol or

drugs have known that the conduct in question was not consensual?

If the answer to either of these questions is “Yes,” Consent was absent.

Consent is not to be inferred from silence, passivity, or a lack of resistance, and

relying on non-verbal communication alone may not be sufficient to determine

Consent.

Consent is not to be inferred from an existing or previous dating or sexual

relationship. Even in the context of a relationship, there must be mutual Consent

to engage in any Sexual Activity each time it occurs. In cases involving prior or

current relationships, the manner and nature of prior communications between the

parties and the context of the relationship may have a bearing on the presence of

Consent.

Consent to engage in a particular Sexual Activity at one time is not Consent to

engage in a different Sexual Activity or to engage in the same Sexual Activity on

a later occasion.

Consent can be withdrawn by any party at any point. An individual who seeks to

withdraw Consent must communicate, through clear words or actions, a decision

to cease the Sexual Activity. Once Consent is withdrawn, the Sexual Activity

must cease immediately.

Given the inherent power differential in the context of a professional faculty-

student, staff-student or supervisor-supervisee interactions, when the RESPONDENT

is the faculty member, staff member, or supervisor, the University will generally

apply heightened scrutiny to an assertion of Consent.

1. Force

Force includes the use of physical violence, threats, and/or coercion.

Physical violence means that a person is exerting control over another

person through the use of physical force. Examples of physical violence

include hitting, punching, slapping, kicking, restraining, strangling, and

brandishing or using any weapon.

Threats are words or actions that would compel a REASONABLE PERSON to

engage in unwanted Sexual Activity. Threats may be implicit or explicit,

but must be of such a nature that they would reasonably cause fear.

Examples include threats to harm a person physically or to cause a person

academic, employment, reputational, or economic harm.

Coercion is the use of an unreasonable amount of pressure that would

overcome the will of a REASONABLE PERSON. Coercion is more than an

effort to persuade, entice, or attract another person to engage in Sexual

Activity. When a person makes clear a decision not to participate in a

particular Sexual Activity, a decision to stop, or a decision not to go

beyond a certain sexual interaction, continued pressure can become

coercive. In evaluating whether Coercion was used, the University will

Separate and apart from the issue of Consent under the Policy, the University has prohibited many faculty-student relationships

and staff-student relations under the Prohibitions Regarding Sexual, Romantic, Amorous, and/or Dating Relationships Between

Teachers and Learners SPG 601.22 and Employee-Student Relationships SPG 601.22-1, respectively. The University also has

prohibited a supervisor from initiating or attempting to initiate an intimate relationship with a supervisee over whom they

exercise supervisory authority and requires that any relationship between a supervisor and supervisee must be disclosed under the

Supervisor-Employee Relationships SPG 201.97.

consider: (1) the frequency, intensity, and duration of the pressure; (2) the

degree of isolation of the person being pressured; and (3) any actual or

perceived power differential between the parties in the context of their

respective roles within the University.

2. Incapacitation

Incapacitation or Incapacitated means that a person lacks the ability to

make informed, deliberate choices about whether or not to engage in

Sexual Activity.

Consent cannot be gained by taking advantage of the Incapacitation of

another, where the person initiating Sexual Activity knows or reasonably

should know that the other is Incapacitated.

A person who is Incapacitated is unable to give Consent because of mental

or physical helplessness, sleep, unconsciousness, or lack of awareness that

Sexual Activity was requested, suggested, initiated, and/or is taking place.

A person may be Incapacitated as a result of the consumption of alcohol or

other drugs, or due to a temporary or permanent physical or mental health

condition.

When alcohol or other drugs are involved, Incapacitation is a state beyond

drunkenness or intoxication. A person is not necessarily Incapacitated

solely as a result of drinking or using drugs; the level of impairment must

be significant enough to render the person unable to give Consent.

In evaluating Consent in cases of alleged Incapacitation, the University

considers:

● Did the person initiating Sexual Activity know that the other party

was Incapacitated?

● If not, would a REASONABLE PERSON who is unimpaired by alcohol

or drugs have known that the other party was Incapacitated?

If the answer to either of these questions is “Yes,” Consent was absent.

One is not expected to be a medical expert in assessing Incapacitation by

drugs or alcohol. One must look for the common and obvious signs that

show that a person may be Incapacitated, regardless of the amount of

alcohol or drugs consumed. Although every individual may manifest

signs of Incapacitation differently, typical signs include slurred or

incomprehensible speech, unsteady manner of walking, combativeness,

emotional volatility, vomiting, unconsciousness, or incontinence. A

person who is Incapacitated may not be able to understand some or all of

the following questions: Do you know where you are? Do you know how

you got here? Do you know what is happening? Do you know whom you

are with?

It is important to be cautious before engaging in Sexual Activity when any

person involved has been drinking alcohol or using drugs. The use of

alcohol or other drugs may impair an individual’s ability to determine

whether Consent has been sought or given. If there is doubt about an

individual’s level of intoxication, the safe thing to do is to refrain from

engaging in Sexual Activity. Being impaired by alcohol or other drugs is

not a defense to a failure to obtain Consent.

IV. ADDITIONAL POLICY DEFINITIONS

For purposes of this Policy, the Student Procedures, and the Employee Procedures, some key

terms are defined below. Additional terms are defined within the text of the Policy, Student

Procedures, and Employee Procedures.

A. ADAPTABLE RESOLUTION COORDINATOR: The Adaptable Resolution options

will be facilitated by a trained ADAPTABLE RESOLUTION COORDINATOR within the

Office of Student Conflict Resolution (“OSCR”). The ADAPTABLE RESOLUTION

COORDINATOR typically will be someone other than the OSCR Director or

Associate Director. The ADAPTABLE RESOLUTION COORDINATOR assigned to

each case has a role focused on understanding and meeting the expressed needs of

all involved parties and will be free from bias and conflict of interest.

B. ADVISOR: An ADVISOR is an individual chosen by a party to provide support and

guidance to them during the process. An ADVISOR may be an attorney. An

ADVISOR is separate from an EQUITY SPECIALIST, who may be working with the

parties throughout the process. An ADVISOR may not represent or otherwise

speak for the party they are supporting, except when a Hearing occurs as part of

the Title IX Misconduct process, when the ADVISOR may ask the other party and

WITNESSES relevant questions. If a party does not have an ADVISOR available at

the Hearing, the University will provide an ADVISOR to ask questions on behalf of

that party (see, e.g., Section VIII (B)(7)(b) of the Employee Procedures).

C. COMPLAINANT: “COMPLAINANT” is used to refer to a STUDENT, EMPLOYEE, or

THIRD PARTY who is reported to have experienced PROHIBITED CONDUCT. A

COMPLAINANT also typically participates in a process undertaken by the

University to address the report of PROHIBITED CONDUCT. In some instances, the

person who is reported to have experienced PROHIBITED CONDUCT may not wish

to participate in the process. In those cases, the University may pursue a

resolution process under this Policy without a participating COMPLAINANT.

“COMPLAINANT” will be used throughout this Policy and related procedures to

refer generally to an individual who is reported to have experienced PROHIBITED

CONDUCT, even if their specific identity is unknown to ECRT and/or if they do

not participate in any related process.

D. CONFIDENTIAL AND NON-CONFIDENTIAL RESOURCES: “CONFIDENTIAL

RESOURCES” are available to provide individuals with assistance, support, and

additional information and are prohibited from disclosing confidential information

unless: (1) given permission by the person who disclosed the information; (2)

there is an imminent threat of harm to self or others; (3) the conduct involves

suspected abuse of a minor under the age of 18; or (4) as otherwise required or

permitted by law or court order. CONFIDENTIAL RESOURCES may be required to

report non-identifying information to DPSS for crime reporting purposes.

“NON-CONFIDENTIAL RESOURCES” are available to provide individuals with

assistance, support, and additional information, but may have broader obligations

than CONFIDENTIAL RESOURCES to report information that is shared with them.

NON-CONFIDENTIAL RESOURCES will make reasonable efforts to respect and

safeguard the privacy of the individuals involved. Privacy means that concerns

about PROHIBITED CONDUCT will only be shared with University representatives,

such as ECRT, responsible for assessment, investigation, or resolution of the

report or otherwise properly responding to issues raised; to DPSS for crime

statistics reporting; and to the extent required by law or court order.

E. DIVISION OF PUBLIC SAFETY AND SECURITY or DPSS: “DIVISION OF PUBLIC

SAFETY AND SECURITY” or “DPSS” refers collectively to the University of

Michigan Police Department (“UMPD”), the University of Michigan-Dearborn

Department of Public Safety (“DPS”), the University of Michigan-Flint

Department of Public Safety (“DPS”), Michigan Medicine Security, Housing

Security, and University Security Services.

F. EMPLOYEE: “EMPLOYEE” means all faculty (i.e., regular instructional,

supplemental instructional, research track, and visiting faculty), librarians,

archivists, curators, graduate student instructors, graduate student staff assistants,

graduate student research assistants, postdoctoral research fellows, and all regular

and temporary staff.

G. EQUITY, CIVIL RIGHTS AND TITLE IX OFFICE: “EQUITY, CIVIL RIGHTS AND

TITLE IX OFFICE” or “ECRT” at Ann Arbor, Dearborn, and Flint are collectively

referred to as “ECRT” in this Policy.

H. ECRT EXECUTIVE DIRECTOR OR DIRECTOR: The EQUITY, CIVIL RIGHTS AND

TITLE IX OFFICE or ECRT EXECUTIVE DIRECTOR (in Ann Arbor) or DIRECTOR (in

Flint and Dearborn) are responsible for overseeing the ECRT and its staff for Ann

Arbor, including Michigan Medicine, Dearborn, and Flint. Under this Policy, the

ECRT EXECUTIVE DIRECTOR in Ann Arbor reviews Appeals of dismissal of Title

IX Misconduct allegations, and hears and addresses concerns of conflict of

interest on the part of the TITLE IX COORDINATOR.

I. EQUITY SPECIALIST: On the Ann Arbor campus, the “EQUITY SPECIALIST” is a

role within ECRT that serves as a consistent point of contact and impartial

resource for parties involved in reports under the Policy. The EQUITY SPECIALIST

typically conducts outreach to a COMPLAINANT and reporter when a concern is

reported to ECRT, and provides the COMPLAINANT with information about the

availability of SUPPORTIVE MEASURES, resources, options, and other policy

information. During a proceeding under these Procedures, the EQUITY SPECIALIST

can assist all parties by providing process updates, referrals and connections to

CONFIDENTIAL and NON-CONFIDENTIAL RESOURCES, and ongoing information

about the Policy and Procedures. The EQUITY SPECIALIST does not have a

decision-making role under these Procedures. On the Dearborn and Flint

campuses, the assigned INVESTIGATOR performs these functions at intake and

during any investigation, while an EQUITY SPECIALIST performs these functions if

there is a Hearing.

J. EXTERNAL REVIEWER: An EXTERNAL REVIEWER will conduct the Appeal

review. The EXTERNAL REVIEWER will be a neutral party outside of the

University. The EXTERNAL REVIEWER must be impartial and free from bias or

conflict of interest. The EXTERNAL REVIEWER may conclude that there are no

relevant issues of concern, and therefore, recommend that the Hearing outcome

and/or the sanctioning determination be affirmed. In the alternative, the

EXTERNAL REVIEWER may identify in writing issues of concern and recommended

actions and additional instructions.

K. FORMAL COMPLAINT: “FORMAL COMPLAINT” means a document signed by a

COMPLAINANT or by the TITLE IX COORDINATOR containing the allegations that a

RESPONDENT engaged in PROHIBITED CONDUCT and requesting initiation of the

University’s resolution processes.

L. HEARING OFFICER: Hearings will be facilitated by a HEARING OFFICER, who

will make the decision as to whether or not the RESPONDENT violated the Policy

using a preponderance of the evidence standard. The University will appoint a

standing pool of trained HEARING OFFICERS. The HEARING OFFICER will be

selected from the standing pool. All HEARING OFFICERS will receive training on

issues related to Federal Rule Sexual and Gender-Based Misconduct and Other

Sexual and Gender-Based Misconduct; the scope of the University’s education

PROGRAMS OR ACTIVITIES; relevancy; on how to conduct a process that is fair and

impartial, including information regarding Hearings, Appeals, and informal

resolution processes, while avoiding prejudgment of the facts at issue; conflicts of

interest; and bias.

M. INDIVIDUALS WITH REPORTING OBLIGATIONS: “INDIVIDUALS WITH REPORTING

OBLIGATIONS” or “IROS” are individuals who are required to share with ECRT

information they receive about alleged PROHIBITED CONDUCT. INDIVIDUALS WITH

REPORTING OBLIGATIONS are (1) University administrators and supervisors and

(2) EMPLOYEES in certain designated positions and units or departments. A list of

INDIVIDUALS WITH REPORTING OBLIGATIONS and more information about

INDIVIDUALS WITH REPORTING OBLIGATIONS can be found in Section VIII. As set

forth in Section VIII, some INDIVIDUALS WITH REPORTING OBLIGATIONS have the

authority to institute corrective measures on behalf of the University and are

required to report all information about PROHIBITED CONDUCT that they receive,

regardless of how and when they learned of the information.

N. INVESTIGATOR: The INVESTIGATOR is responsible for carrying out a fair and

thorough investigation, review, consultation, or other response under the

Procedures. When an investigative resolution is initiated, the INVESTIGATOR is

responsible for gathering evidence directly related to the allegations at issue. The

INVESTIGATOR must be impartial, free of any actual conflict of interest, and have

specific and relevant training and experience. The INVESTIGATOR is not an

advocate for COMPLAINANT or RESPONDENT at any time during the process.

O. MEDIATOR: MEDIATORS are neutral facilitators. MEDIATORS do not take sides,

judge whether anyone is right or wrong, or decide how to resolve the problem.

MEDIATORS facilitate the structured interaction between a COMPLAINANT and

RESPONDENT to achieve a resolution satisfactory to both parties.

P. PARENT/GUARDIAN: “Parent/Guardian” means a parent of a COMPLAINANT,

RESPONDENT, or other individual and includes a natural parent, a guardian, or an

individual acting as a parent in the absence of a parent or a guardian. To the

extent a PARENT/GUARDIAN has the legal right to make decisions on behalf of an

individual (e.g., where the individual is a minor), the PARENT/GUARDIAN may act

on behalf of the individual, including but not limited to filing a FORMAL

COMPLAINT.

Q. PATIENT: “PATIENT” means a PATIENT of the University of Michigan Academic

Medical Center as defined in Regents Bylaw 11.36.

R. PROGRAM OR ACTIVITY: A “PROGRAM OR ACTIVITY” includes: (1) any location,

event, or circumstance where the University exercises substantial control over

both the RESPONDENT and the context in which the conduct occurs; (2) any

building owned or controlled by a Student Organization recognized by the

University; and (3) a University campus. Conduct that occurs off campus in

locations or at events with no connection to the University is unlikely to occur in

a PROGRAM OR ACTIVITY of the University.

S. PROTECTED ACTIVITY: “PROTECTED ACTIVITY” includes most elements of

participation in the University’s processes related to this Policy, including but not

limited to reporting PROHIBITED CONDUCT; pursuing a resolution of PROHIBITED

CONDUCT; providing evidence in any investigation or Hearing related to

PROHIBITED CONDUCT; or intervening to protect others who may have

experienced PROHIBITED CONDUCT. Retaliation against any person because of

PROTECTED ACTIVITY is prohibited under this Policy, as discussed in Section

III.D.1.

T. REASONABLE PERSON: “REASONABLE PERSON” means a person using average

care, intelligence, and judgment in the known circumstances.

U. RESPONDENT: “RESPONDENT” is an individual who is reported to have engaged in

conduct that could constitute PROHIBITED CONDUCT. “RESPONDENT” will be used

throughout this Policy and related procedures to refer generally to an individual

who is reported to have engaged in conduct that could constitute PROHIBITED

CONDUCT, even if their specific identity is unknown to ECRT and/or unknown to

the COMPLAINANT, and/or even if they do not participate in any related process.

V. STUDENT: “STUDENT” generally means an individual who has gained admission

to, and/or an individual who was admitted for enrollment in, an academic

PROGRAM OR ACTIVITY operated by the University, from the time they are

admitted until either degree conferral or they are otherwise ineligible to register

for courses without seeking readmission, and/or a person who has gained

admission to the University (to the extent to which the University has a

reasonable opportunity to control the environment in which the conduct is alleged

to have occurred and/or the interactions between the parties).

W. ECRT DIRECTOR OF SUPPORT AND INTAKE: On the Ann Arbor campus, the

ECRT DIRECTOR OF SUPPORT AND INTAKE is responsible for exploring,

communicating, and implementing SUPPORTIVE MEASURES approved by the

TITLE IX COORDINATOR. In addition, the ECRT DIRECTOR OF SUPPORT AND INTAKE

may conduct the same or similar tasks as the EQUITY SPECIALIST, described

above. The ECRT DIRECTOR OF SUPPORT AND INTAKE does not have a decision-

making role under these Procedures. On the Dearborn and Flint campuses, the

INVESTIGATOR, TITLE IX COORDINATOR, CONFIDENTIAL RESOURCE, or other

office may explore, communicate or implement SUPPORTIVE MEASURES, as

appropriate and as communicated to the parties.

X. SUPPORTIVE MEASURES: “SUPPORTIVE MEASURES” are individualized services,

accommodations, and other assistance that the University offers and may put in

place, without fee or charge. SUPPORTIVE MEASURES are designed to restore or

preserve equal access to the University’s PROGRAMS AND ACTIVITIES, protect the

safety of all parties and the University’s educational environment, and/or deter

PROHIBITED CONDUCT, without being punitive or disciplinary in nature or

unreasonably burdening the other party.

Y. THIRD PARTY: “THIRD PARTY” means all University regents, contractors, guests,

vendors, visitors, volunteers, and any individual who is participating in a

University PROGRAM OR ACTIVITY, but who, for purposes of alleged PROHIBITED

CONDUCT, has not gained admission to and/or is not enrolled in an academic

program and/or course at the University and/or who is not acting as an EMPLOYEE

(e.g., an individual who is participating in a summer camp; an individual who is

attending a PROGRAM OR ACTIVITY by invitation or that is open to the public; or

an individual who is not enrolled in an academic program and/or course at the

University, but who is participating in a University study abroad program).

Z. TITLE IX COORDINATOR: The “TITLE IX COORDINATOR” is the individual on

each campus to whom reports of possible PROHIBITED CONDUCT are made. The

TITLE IX COORDINATOR is responsible for oversight of responses to all reports of

possible PROHIBITED CONDUCT under this Policy, including SUPPORTIVE

MEASURES, resolution processes, and other University action taken in response to

a report. The TITLE IX COORDINATOR is also responsible for ensuring compliance

with Title IX, a federal law prohibiting sex discrimination. Throughout this Policy

and the related Procedures, “TITLE IX COORDINATOR” may also refer to a

designee assigned by the TITLE IX COORDINATOR.

AA. UNIVERSITY COMMUNITY: “UNIVERSITY COMMUNITY” refers to Board of

Regents members, STUDENTS and EMPLOYEES.

BB. WITNESS: A WITNESS is an individual who observed the acts in question or who

has information relevant to a FORMAL COMPLAINT. A WITNESS whose identity is

known will have the opportunity to discuss the investigation process, ask

questions, and participate in an interview with the ECRT.

V. APPLICABLE PROCEDURES UNDER THIS POLICY

The specific procedures for assessing, reviewing, and resolving PROHIBITED CONDUCT depend

upon the nature of the RESPONDENT’S relationship to the University, and, when a RESPONDENT is

an EMPLOYEE or a THIRD PARTY, on the type of PROHIBITED CONDUCT at issue.

The RESPONDENT is a STUDENT:

If the RESPONDENT is a STUDENT and the alleged conduct would constitute

PROHIBITED CONDUCT, the University will use the Student Procedures for

responding to the alleged conduct.

The RESPONDENT is an EMPLOYEE:

If the RESPONDENT is an EMPLOYEE, the University will use the Employee

Procedures. The specific process the University will use to respond to a report of

PROHIBITED CONDUCT will depend on whether the alleged conduct constitutes

Federal Rule Sexual and Gender-Based Misconduct or another type of

PROHIBITED CONDUCT, as defined in this Policy. Please see Employee Procedures

for details.

The RESPONDENT is both a STUDENT and an EMPLOYEE:

ECRT will determine whether Student or Employee Procedures apply based upon

the facts and circumstances, and whether those circumstances relate more closely

to the RESPONDENT’S status as a STUDENT or an EMPLOYEE.

The RESPONDENT is a THIRD PARTY:

The University’s ability to take appropriate corrective action against a THIRD

PARTY will be determined by the nature of the THIRD PARTY’S relationship to the

University. Reports against THIRD PARTIES are addressed using the Employee

Procedures.

If the RESPONDENT’S specific identity and/or nature of the RESPONDENT’S affiliation with the

University is unknown to ECRT, a COMPLAINANT is still entitled to resources and SUPPORTIVE

MEASURES and may refer to the Student Procedures and/or the Employee Procedures consistent

with the COMPLAINANT’S affiliation with the University. To the extent feasible under the

circumstances, the COMPLAINANT may also file a FORMAL COMPLAINT and seek an investigative

resolution under the Student Procedures or the Employee Procedures, as applicable.

As noted above, when the University receives an allegation that an individual subject to this

Policy has engaged in discrimination on the basis of sex, gender identity, gender expression

and/or sexual orientation in violation of the University’s prohibition of Other Sex and Gender-

Based Discrimination, or that a University program or activity, policy, or practice (such as, for

example, the University’s provision of athletics or a University employment or student life

policy) may be discriminatory on such bases, the University will, in accordance with Section

106.8 of the Title IX regulations and/or this Policy, promptly and equitably review that concern

pursuant to the Student Procedures or the Employee Procedures as applicable, even if there is no

identified decisionmaker(s) who would reasonably be identified as a RESPONDENT.

When the University receives a report of behavior that could violate this Policy as well as other

University policies, the University will determine which policy/ies and procedures apply and

whether action will be taken under this Policy exclusively, or under multiple policies and/or

procedures. A list of potentially related policies and procedures can be found in the Standard

Practice Guide (SPG 601.89).

VI. CONFIDENTIAL AND NON-CONFIDENTIAL RESOURCES

Supportive resources are available at the University. Some of these are designated as

CONFIDENTIAL RESOURCES. Others provide support, but may need to involve ECRT and/or

DPSS. Regardless of whether the University determines that PROHIBITED CONDUCT occurred,

the University will offer resources or assistance to COMPLAINANTS, RESPONDENTS, WITNESSES,

and other affected UNIVERSITY COMMUNITY members after receiving notice of alleged

PROHIBITED CONDUCT. The University will also assist those individuals in identifying and

contacting external law enforcement agencies and community resources. CONFIDENTIAL

RESOURCES and NON-CONFIDENTIAL RESOURCES are generally available regardless of whether an

individual reports, makes a FORMAL COMPLAINT, participates in a resolution process under this

Policy, whether the alleged conduct occurred outside the scope of this Policy, or whether the

COMPLAINANT knows the specific identity of the RESPONDENT.

The TITLE IX COORDINATOR may, in their discretion, designate specific programs or events as

confidential, under appropriate circumstances.

 
26 
A.  Confidential Resources 
CONFIDENTIAL RESOURCES are available to provide individuals with assistance, 
support, and additional information.  CONFIDENTIAL RESOURCES are prohibited 
from disclosing confidential information unless: (1) given permission by the 
person who disclosed the information; (2) there is an imminent threat of harm to 
self or others; (3) the conduct involves suspected abuse of a minor under the age 
of 18; or (4) as otherwise required or permitted by law or court order.  
CONFIDENTIAL RESOURCES may be required to report non-identifying information 
to DPSS for crime reporting purposes. 
Ann Arbor Campus including Michigan Medicine 
Complainant Advocacy & Support: 
●  For Students, Faculty, and Staff:  Sexual Assault Prevention and 
Awareness Center (“SAPAC”) provides direct support to 
COMPLAINANTS, including crisis intervention; advocacy; assistance in 
navigating academic, personal, medical, and community impact; and 
referrals to campus and community resources. (734) 764-7771,  
24-hour crisis line (734) 936-3333. 
Counseling: 
●  For Students:  Counseling and Psychological Services (“CAPS”):  
(734) 764-8312 (includes 24-hour service)  
●  For Student-Athletes:  Athletic Counseling Team:  (734) 647-9656  
●  For Central Campus Faculty and Staff:  Faculty and Staff Counseling 
and Consultation Office:  (734) 936-8660  
●  For Michigan Medicine Faculty and Staff:  Office of Counseling and 
Workplace Resilience:  (734) 763-5409 
●  For Students and Employees:  CEW+ Career and Educational 
Counseling:  (734) 764-6360 
Ombuds: 
●  For Students:  University Ombuds:  (734) 763-3545  
●  For Faculty:  Faculty Ombuds: (734) 763-2707 
●  For Staff:  Staff Ombuds:  (734) 936-0600 
University Health Service: 

 
27 
 
●  All medical and health education staff, including: 
●  For Students, Faculty, and Staff:  Medical/clinical providers 
o  For Students:  Wolverine Wellness Staff:  (734) 763-1320 
o  For Students, Faculty, and Staff:  Sexual Assault Services at 
the University Health Service (“UHS”).  UHS provides 
medical services for those who have experienced sexual 
assault, including sexual assault medical exams conducted by a 
Sexual Assault Nurse Examiner (“SANE”) from Washtenaw 
County:  (734) 764-8320  
Dearborn Campus 
Complainant Support: 
●  For Students, Faculty, and Staff:  Project Manager, Violence 
Prevention and Response Initiatives:  
DearbornPrevent[email protected] 
Counseling:  
●  For Students:  Counseling and Psychological Services:  (313) 593-
5430 
●  For Faculty and Staff:  Faculty and Staff Counseling and Consultation 
Services:  (734) 936-8660  
Ombuds: 
●  For Students:  Ombuds Services:  (313) 593-5440 
●  For Faculty:  Faculty Ombuds:  (313) 593-5240 
●  For Staff:  Staff Ombuds:  (734) 936-0600 
Flint Campus 
Complainant Support: 
●  For Students:  Center for Gender and Sexuality (Only the Sexual 
Assault Advocate is Confidential):  (810) 762-3300 
Counseling: 

 
28 
●  For Students:  Counseling and Psychological Services (“CAPS”):  
(810) 762-3456  
●  For Faculty and Staff:  Faculty and Staff Counseling and Consultation 
Office:  (734) 936-8660  
Ombuds: 
●  For Faculty:  Faculty Ombuds 
B.  Non-Confidential Resources 
NON-CONFIDENTIAL RESOURCES are available to provide individuals with 
assistance, support, and additional information, but who are not designated as 
confidential and may have broader obligations to report information that is shared 
with them.  NON-CONFIDENTIAL RESOURCES will make reasonable efforts to 
respect and safeguard the privacy of the individuals involved.  Privacy means that 
concerns about PROHIBITED CONDUCT will only be shared with University 
representatives, such as ECRT, responsible for assessment, investigation, or 
resolution of the report or otherwise properly responding to issues raised; to DPSS 
for crime statistics reporting; and to the extent required by law or court order. 
Ann Arbor Campus including Michigan Medicine 
●  For Students: The Dean of Students Office (“DOS”) provides direct 
support to COMPLAINANTS, RESPONDENTS, or other STUDENTS who are 
involved in reports of PROHIBITED CONDUCT.  This support includes 
providing help with navigating academic, personal, and community 
impact, advising on policy and procedures, and connecting to other 
available support and resources.  The Respondent Support Program is 
housed in the DOS and has dedicated trained staff, who provide direct 
support to RESPONDENTS who are involved in reports of PROHIBITED 
CONDUCT. (734) 764-7420. 
●  For Faculty:  Academic Human Resources:  (734) 763-8938  
●  For Staff:  Staff Human Resources:  (734) 763-2387  
●  For Michigan Medicine Staff:  Michigan Medicine Human Resources:  
(734) 647-5538 
Dearborn Campus 
●  For Students:  Center for Social Justice and Inclusion:  (313) 583-6445 
●  For Faculty and Staff:  Human Resources:  (313) 593-5190   
Flint Campus 

● For Students: Dean of Students Office: (810) 762-5728

● For Faculty and Staff: Human Resources: (810) 762-3150

Additional information about these and other resources is contained in Our Community

Matters Resource Guides:

Ann Arbor: Our Community Matters Resource Guide

Dearborn: Our Community Matters Resource Guide

Flint: Our Community Matters Resource Guide

VII. REPORTING

The University strongly encourages any individual to make a report of suspected PROHIBITED

CONDUCT directly to ECRT through any of the reporting methods outlined below. Reports can

also be made to INDIVIDUALS WITH REPORTING OBLIGATIONS listed in Section VIII, but the

University strongly encourages reporting directly to ECRT so that ECRT may promptly discuss

the availability of SUPPORTIVE MEASURES and available processes with the COMPLAINANT,

including by contacting the COMPLAINANT when another person makes the report. For the same

reason, the University encourages reporting even if limited information is available (for example,

if the COMPLAINANT or reporter does not know the identity of the RESPONDENT). Although the

lack of critical information regarding the allegations and/or parties involved may limit the

University’s ability to conduct an investigative or other resolution process(es), if the identity of

the COMPLAINANT or a means of contacting the COMPLAINANT is known to ECRT, ECRT will be

able to promptly provide the COMPLAINANT with information about the availability of

SUPPORTIVE MEASURES and other resources, and with information about how to file a FORMAL

COMPLAINT and seek an investigative resolution under the Student Procedures or the Employee

Procedures as applicable, to the extent doing so would be feasible under the circumstances.

Recognizing that some forms of PROHIBITED CONDUCT may also constitute crimes, the

University also strongly encourages any individual who experiences, witnesses, or learns of

possible criminal conduct to report to DPSS or local law enforcement. Prompt reporting allows

law enforcement to collect and preserve evidence.

Below is information regarding how to make a report of any form of PROHIBITED CONDUCT to

the University, how to file a FORMAL COMPLAINT, and how to report to DPSS.

A. Reporting to the University

1. Contact the ECRT Office and Title IX Coordinator

Reports of PROHIBITED CONDUCT, whether Federal Rule Sexual and

Gender-Based Misconduct or Other Sexual and Gender-Based

Misconduct, should be made directly to ECRT. Making a report means

informing ECRT about the suspected PROHIBITED CONDUCT.

Individuals may also contact ECRT to ask about this Policy and related

procedures or to inquire about the University’s responses to PROHIBITED

CONDUCT in its PROGRAMS AND ACTIVITIES.

ECRT, including the TITLE IX COORDINATOR, can be contacted

by telephone or in person by appointment during regular office

hours (Monday – Friday: 8:00 a.m. – 5:00 p.m.), or by email

24 hours a day, 7 days a week. Online reporting is also

available on a 24/7 basis. Contact information is as follows:

Campus

Name

Contact Information

Online Reporting

Ann

Arbor

Elizabeth Seney, Title IX

Coordinator – Ann Arbor

Equity, Civil Rights and

Title IX Office

2072 Administrative

Services Building

1009 Greene Street

Ann Arbor, Michigan

48109

(734) 763-0235 (telephone)

(734) 647-1388 (TTY)

Discrimination, Discriminatory

Harassment and Sexual and Gender-

Based Misconduct Reporting Form

ecrt[email protected]

Dearborn

Pamela Heatlie,

Director, Equity, Civil

Rights and Title IX Office

and Title IX Coordinator –

Dearborn

Equity, Civil Rights and

Title IX Office

1114 Administration

Building

4901 Evergreen Road

Dearborn, MI 48128

(313) 436-9194

Sexual and Gender-Based

Misconduct Reporting Form

ECRT-Dea[email protected]

Flint

Kirstie Stroble,

Director, Equity, Civil

Rights and Title IX Office

and Title IX Coordinator –

Flint

Equity, Civil Rights and

Title IX Office

234 University Pavilion

303 E. Kearsley Street

Flint, MI 48502-1950

(810) 237-6517

Discrimination, Discriminatory

Harassment And Sexual and Gender-

Based Misconduct Reporting Form

UMFlint[email protected]

2. Reports to Individuals with Reporting Obligations

Individuals who are designated by the University as INDIVIDUALS WITH

REPORTING OBLIGATIONS (see Section VIII) are required to share with

ECRT any information they receive about PROHIBITED CONDUCT, as

discussed in more detail below. INDIVIDUALS WITH REPORTING

OBLIGATIONS should not attempt to determine whether the behavior at

issue constitutes PROHIBITED CONDUCT; instead, they must report all

information they receive about potential PROHIBITED CONDUCT to ECRT,

and ECRT will determine how to most appropriately handle the report. A

list of INDIVIDUALS WITH REPORTING OBLIGATIONS and a description of

their obligations is set forth in Section VIII.

3. Anonymous Reporting

Anyone who is not an INDIVIDUAL WITH REPORTING OBLIGATIONS

may, if they prefer, make reports of PROHIBITED CONDUCT to ECRT

without disclosing their name, by using the online reporting form

listed in the above chart for the relevant campus or, on a 24/7 basis,

by the following method:

Campus

Name

Contact

Information

Online Reporting

All Campuses

Compliance Hotline

(866) 990-0111

Online Reporting Form

Depending on the level of information available about the incident and the

individuals involved, the University’s ability to respond to an anonymous

report may be limited. The University will, however, take whatever steps

it deems appropriate and in the best interests of the overall UNIVERSITY

COMMUNITY, consistent with the information available.

4. Reports of Prohibited Conduct by Staff Members in ECRT or

ECRT’s Supervisory Chain on Each Campus

To ensure objective investigations and decision-making, reports of

PROHIBITED CONDUCT, whether Federal Rule Sexual and Gender-Based

Misconduct or Other Sexual and Gender-Based Misconduct, against any

staff member of ECRT, or against certain staff members of ECRT’s

supervising office on each campus should be made to the Executive Vice

President and Chief Financial Officer (EVP/CFO), or their designee. For

Ann Arbor and Michigan Medicine, this includes reports of PROHIBITED

CONDUCT regarding the President; the President's staff in the Office of the

President (excluding Executive Officers); or an EMPLOYEE of ECRT. For

Dearborn this includes reports of PROHIBITED CONDUCT regarding the

Chancellor; the Chancellor’s Chief of Staff; or an EMPLOYEE of ECRT.

For Flint, this includes reports of PROHIBITED CONDUCT regarding the

Chancellor or an EMPLOYEE of ECRT. Making a report means informing

the EVP/CFO about the suspected PROHIBITED CONDUCT.

When the EVP/CFO receives a report of PROHIBITED CONDUCT, the

EVP/CFO will assign an impartial and trained INVESTIGATOR to the

matter. The EVP/CFO will also assign a University EMPLOYEE or external

partner to provide appropriate SUPPORTIVE MEASURES for the parties

throughout the process. The University will strive to complete the

investigation using the Policy and Procedures. However, in the limited

circumstance that a deviation of process is necessary, the parties will be

notified in writing of the process to be used.

The EVP/CFO can be contacted by telephone or in person by appointment

during regular office hours (Monday – Friday: 8:00 a.m. – 5:00 p.m.) or

by email. Contact information is as follows:

Campus

Name

Contact

Information

Online Reporting

All

Campuses

Geoffrey

Chatas,

Executive Vice

President and

Chief Financial

Officer

Office for

Business and

Finance

(734) 764-

7272

sexualmisconductreportstoEVPCFO@umich

.edu

B. Reporting to Law Enforcement

An individual who experiences, witnesses, or learns of possible criminal conduct

should contact law enforcement directly by calling:

● 911 (for emergencies) or

Division of Public Safety

(DPSS)

University of Michigan Police

Department (UMPD) Special Victims

Unit (dedicated unit for responding to

and investigating sexual assaults,

intimate partner violence, stalking, and

child abuse)

University of Michigan – Dearborn

Department of Public Safety

University of Michigan – Flint

Department of Public Safety

(734) 763-1131

(313) 593-5333

(810) 762-3333

Ann Arbor Local Law

Enforcement

Ann Arbor Police Department

Ypsilanti Police Department

Washtenaw County Sheriff Department

(734) 994-2911

(734) 483-9510

(734) 971-8400

Dearborn Local Law

Enforcement

Dearborn Police Department

Wayne County Sheriff Department

(313) 943-2241

(313) 224-2222

Flint Local Law

Enforcement

Flint Police Department

Genesee County Sheriff Department

(810) 237-6800

(810) 257-3407

If you are uncertain where the incident occurred or which agency to contact,

DPSS is available to help you determine which agency has jurisdiction and will

help you to report the matter to that agency if you wish.

C. ECRT Actions Upon Receipt of Reports of Prohibited Conduct

Any individual may report possible PROHIBITED CONDUCT. It is not necessary for

a reporting party or COMPLAINANT to determine in advance whether the behavior

at issue meets the definition of PROHIBITED CONDUCT. Upon receipt of a report,

ECRT will undertake a continuing assessment to determine the form of

PROHIBITED CONDUCT at issue and, in cases involving EMPLOYEES and/or THIRD

PARTIES, which procedures are applicable.

When ECRT or the TITLE IX COORDINATOR receives a report of PROHIBITED

CONDUCT, ECRT will in all cases where the COMPLAINANT is identified, contact

the COMPLAINANT to: (1) discuss the availability of SUPPORTIVE MEASURES; (2)

ask about the COMPLAINANT’S wishes with respect to SUPPORTIVE MEASURES; (3)

inform the COMPLAINANT of the availability of SUPPORTIVE MEASURES with or

without the filing of a FORMAL COMPLAINT, and (4) explain how to file a FORMAL

COMPLAINT.

The process for filing a FORMAL COMPLAINT is described in greater detail in

Section IX, but a FORMAL COMPLAINT may be filed by a COMPLAINANT when a

report is made or at another time thereafter, and may be filed with respect to

conduct that constitutes Federal Rule Sexual and Gender-Based Misconduct or

Other Sexual and Gender-Based Misconduct. In some cases, as explained in

further detail in Section IX, the TITLE IX COORDINATOR may file a FORMAL

COMPLAINT even where the COMPLAINANT has not decided to do so.

D. Additional Information about Reporting

1. Time Frame for Reporting an Incident to the University

The University strongly encourages individuals to report possible

PROHIBITED CONDUCT promptly. To promote timely and effective review

and appropriate corrective action (when applicable), the University

encourages individuals to report possible PROHIBITED CONDUCT within

180 calendar days. Although the University does not limit the time for

reporting PROHIBITED CONDUCT, it may be more difficult for the

University to gather relevant and reliable evidence or to take corrective

action regarding conduct that is reported to have occurred relatively long

ago.

Consistent with Title IX and applicable law, the University uses the same procedures for all PROHIBITED CONDUCT allegations

involving STUDENT RESPONDENTS. In cases involving EMPLOYEE RESPONDENTS, the University uses one of two procedures, both

which are designed to comply with applicable law while also promoting procedural efficiency and, to the extent practicable,

consistency with other University policies, practices and procedures.

If the RESPONDENT is no longer a STUDENT, EMPLOYEE, or a person who is

participating or attempting to participate in any University PROGRAM OR

ACTIVITY at the time of the report, and/or if the reported conduct does not

fall within the definition of PROHIBITED CONDUCT, the University’s ability

to take action against the RESPONDENT under the Policy may be limited.

The University will, however, help a COMPLAINANT identify other options

outside the University, such as local law enforcement, and provide support

and resources.

2. Privacy and Confidentiality of Reports (and/or Formal Complaints)

Except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or

FERPA regulations, 34 CFR part 99, or as required by law, or to carry out

the purposes of the Title IX regulations, including the conduct of any

investigation, hearing, or judicial proceeding arising thereunder, the

University will keep confidential the identity of any individual who has

made a report or complaint of PROHIBITED CONDUCT, including any

individual who has made a report or filed a FORMAL COMPLAINT of

conduct prohibited by this Policy, any complainant, any individual who

has been reported to be the perpetrator of PROHIBITED CONDUCT, any

respondent, and any witness.

3. Information on Amnesty to Students When Reporting Prohibited

Conduct to the University

To encourage individuals to report possible PROHIBITED CONDUCT and

seek medical care, the University will not pursue University misconduct

charges against any STUDENT in an investigation under this Policy for

potential violations of University policy for personal consumption of

alcohol or other drugs identified during an investigation, as long as any

such violations did not and do not place the health or safety of any other

person at risk. The University may, however, initiate an assessment,

educational discussion, or pursue other non-disciplinary options to address

the alcohol or other drug use.

In addition, to better ensure that individuals who may be at medical risk as

a result of alcohol intoxication or drug consumption will receive prompt

and appropriate medical attention, the State of Michigan has adopted a

Medical Amnesty Law to remove perceived barriers to seeking help.

Michigan law includes exemption from prosecution any minor, defined as

someone under 21, who:

● Voluntarily accesses a health facility or agency for treatment or

observation after consuming alcohol or other drugs;

● Accompanies an individual who voluntarily accesses a health facility

or agency for treatment or observation after consuming alcohol or

other drugs; or

● Initiates contact with law enforcement or emergency medical

services personnel for the purpose of obtaining medical assistance in

connection with their own personal consumption of alcohol or other

drugs; or consumption by others.

VIII. INDIVIDUALS WITH REPORTING OBLIGATIONS

All EMPLOYEES are encouraged to share with ECRT details that they receive about

PROHIBITED CONDUCT. INDIVIDUALS WITH REPORTING OBLIGATIONS (“IROS”) are required

to share with ECRT details they receive about PROHIBITED CONDUCT within 48 hours of

receiving those details. IROS must provide their name, title, and contact information when

making their report and can do so by contacting ECRT as set forth in Section VII(A)(1)

above.

The positions defined in Section VIII(A) are IROS. Any EMPLOYEE holding one or more of

the below-identified roles is an IRO for the purposes of all information learned in the scope

of their entire University employment.

If you are unsure whether you are an IRO, please contact ECRT to help clarify your role

and responsibilities.

A. Employees as IROs

The following represents a complete list of IROS:

Administrators

● Board of Regents members;

● President;

● Executive Officers/Chancellors;

● Those serving in vice, associate, and assistant Executive

Officer/Chancellor roles

;

The role of Associate General Counsel is included in the definition of an IRO, but an Associate General Counsel is not required

to report if they become aware of information about potential PROHIBITED CONDUCT through privileged and confidential

communications.

● Deans;

● Those serving in vice, associate, and assistant Dean roles;

● Department Chairs;

● Those serving in associate and assistant Department Chair roles; graduate

chairs, and undergraduate chairs; and

● Academic and staff supervisors (i.e., EMPLOYEES who have authority to

hire, transfer, suspend, layoff, recall, promote, discharge, reward, or

discipline other EMPLOYEES).

Student Life

● All staff members (including Resident Advisors, STUDENT EMPLOYEES,

and any individual, whether an EMPLOYEE or not, who serves as a coach of

a club sports team), excluding clerical, custodial, maintenance, and dining

EMPLOYEE.

Athletics

● All athletics staff members, excluding clerical, custodial, maintenance,

and dining EMPLOYEES.

Equity, Civil Rights and Title IX Office

● All ECRT staff, excluding clerical EMPLOYEES, interns, and STUDENT

staff.

Division of Public Safety and Security

● All staff members, excluding clerical, custodial, and maintenance

EMPLOYEES.

Other

● All human resource staff members (central, school, college, division,

and/or unit) who are responsible for handling employment issues,

excluding clerical and transactional EMPLOYEES;

● All faculty and staff members who provide direct oversight of University-

related travel abroad experiences for STUDENTS, including University-

sponsored study abroad, research, fieldwork, or internship programs;

● All faculty and staff members who accompany STUDENTS on University-

related travel abroad; or

● Faculty and staff serving as identified ADVISORS to Student Organizations

required by their campus to have a named faculty or staff ADVISOR. For

Ann Arbor, this includes faculty and staff serving as identified ADVISORS

to Sponsored Student Organizations. For Dearborn, this includes faculty

and staff serving as identified ADVISORS to Sponsored Student

Organizations and Registered Student Organizations. For Flint, this

includes faculty and staff serving as identified ADVISORS to Recognized

Student Organizations. Unless designated as an IRO in another role at the

University, staff and faculty members who serve as ADVISORS are only

IROs with respect to concerns they become aware of connected to the

Student Organization they advise.

The following IROs are also officials with authority to institute corrective

measures on behalf of the University. These individuals are required to report all

information about PROHIBITED CONDUCT that they receive, regardless of how and

when they learned of the information. Accordingly, these individuals are not

subject to the reporting exemptions as outlined in Section VIII(B):

Members of the Board of Regents, the President, Executive and Vice

Officers and Chancellors, Deans, Department Chairs, the Athletic

Director, Head Coaches, Directors and TITLE IX COORDINATORS in the

ECRT and all Student Life staff members responsible for imposing

discipline/sanctions/remedies in response to non-academic student

misconduct (excluding STUDENT staff), including OSCR staff on the Ann

Arbor campus; Dean of Students Office staff and Assistant Director,

Community Standards and Ethical Development on the Flint campus; and

the Dean of Students and Student Conduct Advisor on the Dearborn

campus.

B. Exempt Disclosures

IROs are not required to report to ECRT when incidents of PROHIBITED CONDUCT

are disclosed in the following circumstances:

● At sexual misconduct public awareness events (e.g., Take Back the Night,

candlelight vigils, protests, or survivor speak-outs in which participants

may disclose incidents of PROHIBITED CONDUCT);

● During a classroom discussion, in an assignment for class, in discussion

outside of class, or as part of a research project directly related to the

class;

● Unless otherwise provided in the Institutional Review Board (“IRB”)-

approved consent, during a non-minor participant's involvement as a

subject in an IRB-approved human subjects research protocol (“IRB

Research”), even when such disclosure would otherwise be considered

received within the scope of the IRO’S employment; or

● During a discussion in a peer support group organized and offered by a

CONFIDENTIAL RESOURCE, when the IRO is a member of the peer support

group.

CONFIDENTIAL RESOURCES and licensed healthcare workers acting in that capacity

at University Health Services and Michigan Medicine are not IROS.

The TITLE IX COORDINATOR may, in their discretion, identify programs or events

as exempt from IRO obligations.

As noted in the last paragraph of the preceding section, these exemptions do not

apply to IROS who are also officials with authority.

C. Failure to Adhere to Reporting Obligations

Information regarding possible failure by an IRO to promptly report to ECRT all

details they receive about PROHIBITED CONDUCT will be reviewed by ECRT and

other offices, as appropriate, and may result in disciplinary action in accordance

with an applicable process.

D. Individual with Reporting Obligations Intersection with Campus Security

Authority

In addition to being designated as an IRO, an individual may also have reporting

obligations under the Clery Act as a Campus Security Authority (“CSA”).

Pursuant to the Clery Act, the University includes statistics about certain offenses

in its annual security report and provides those statistics to the United States

Department of Education, but does so in an anonymized manner that does not

include the specifics of the crime or any identifying information about persons

involved in an incident. For more information about who is a CSA, please refer to

the DPSS website.

IX. FORMAL COMPLAINTS

When ECRT or the TITLE IX COORDINATOR receives a report of PROHIBITED CONDUCT, ECRT

will in all cases contact the COMPLAINANT, if their identity is known, and explain the process for

filing a FORMAL COMPLAINT (see also Section VII(C) above). A FORMAL COMPLAINT is

submitted by the COMPLAINANT to ECRT in person, by mail, or by email. The FORMAL

COMPLAINT must contain the COMPLAINANT’S physical or digital signature, or otherwise indicate

that the COMPLAINANT is the person filing the FORMAL COMPLAINT. When a FORMAL

COMPLAINT is filed, ECRT will evaluate it for a number of things, including whether the

COMPLAINANT is participating in or attempting to participate in a PROGRAM OR ACTIVITY (e.g., a

job applicant, an applicant for admission to an academic program, or a recent graduate who is

applying to a different academic program at the University).

The TITLE IX COORDINATOR has discretion to file a FORMAL COMPLAINT even if the

COMPLAINANT chooses not to, and even if the COMPLAINANT chooses not to participate in a

University resolution process. In general, the TITLE IX COORDINATOR will seek to respect the

COMPLAINANT’S wishes not to file a FORMAL COMPLAINT. However, when the RESPONDENT is

an EMPLOYEE; when a significant safety concern is presented; or when ECRT concludes that

failure to pursue a FORMAL COMPLAINT may fail to meet the University’s duties under the law;

the TITLE IX COORDINATOR will usually sign a FORMAL COMPLAINT. The factors the TITLE IX

COORDINATOR will consider are described in greater detail in Section IV(B) of the Student

Procedures and Section IV (B) of the Employee Procedures.

After a FORMAL COMPLAINT has been filed by the COMPLAINANT or the TITLE IX COORDINATOR,

the University will commence the appropriate resolution process.

Where the TITLE IX COORDINATOR files a FORMAL COMPLAINT, the TITLE IX COORDINATOR is

not a COMPLAINANT or otherwise a party to a formal or informal resolution process. The

STUDENT, EMPLOYEE, or THIRD PARTY who is reported to have experienced PROHIBITED

CONDUCT will continue to be referred to as the COMPLAINANT (see Section IV above).

X. SUPPORTIVE MEASURES

SUPPORTIVE MEASURES are individualized services, accommodations, and other assistance that

the University offers and may put in place, without fee or charge. SUPPORTIVE MEASURES are

designed to restore or preserve equal access to the University’s PROGRAMS AND ACTIVITIES,

protect the safety of all parties and the University’s educational environment, and/or deter

PROHIBITED CONDUCT, without being punitive or disciplinary in nature or unreasonably

burdening the other party.

SUPPORTIVE MEASURES are available regardless of whether the matter is reported to the

University for the purpose of initiating a proceeding under this Policy and before, after, and

regardless of whether a FORMAL COMPLAINT is filed. A COMPLAINANT who requests

SUPPORTIVE MEASURES has the right to file a FORMAL COMPLAINT, either at the time the

SUPPORTIVE MEASURES is requested or at a later date (or may have done so prior to requesting

SUPPORTIVE MEASURES. Any COMPLAINANT who requests SUPPORTIVE MEASURES through

ECRT will be informed in writing of their right to simultaneously or subsequently file a FORMAL

COMPLAINT under this Policy. Some SUPPORTIVE MEASURES may be available to a

COMPLAINANT even if the alleged conduct occurred outside the scope of this Policy (e.g., by a

RESPONDENT unaffiliated with the University outside of a University PROGRAM OR ACTIVITY), or

if the COMPLAINANT does not know the specific identity of the RESPONDENT.

An individual may choose to request SUPPORTIVE MEASURES from a CONFIDENTIAL RESOURCE,

listed below, regardless of whether any report is made with ECRT or law enforcement. If

SUPPORTIVE MEASURES are provided through a CONFIDENTIAL RESOURCE, this action will not

prompt any other institutional response, unless the exceptions that permit or require the

 
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CONFIDENTIAL RESOURCE to disclose information they learn are met (see, e.g., Section VI(A) 
above). 
SUPPORTIVE MEASURES may also be requested by and made available to RESPONDENTS, 
WITNESSES, and other affected members of the UNIVERSITY COMMUNITY.   
Confidential Resources (capable of assisting with Supportive Measures): 
Ann Arbor: 
Students:  Sexual Assault Prevention and Awareness Center (for 
COMPLAINANTS) and CAPS; and 
Employees:  Faculty and Staff Counseling and Consultation Office and Sexual 
Assault Prevention and Awareness Center (for COMPLAINANTS) 
Michigan Medicine: 
  Employees: Office of Counseling and Workplace Resilience 
Dearborn: 
Students:  Counseling and Psychological Services, Ombuds Services, and the 
Project Manager, Violence Prevention and Response Initiatives at 
DearbornPrevent[email protected] (for COMPLAINANTS) 
Employees:  Faculty and Staff Counseling and Consultation Office and the 
Project Manager, Violence Prevention and Response Initiatives at 
DearbornPrevent[email protected] (for COMPLAINANTS) 
Flint:  
Students:  Counseling and Psychological Services or the Sexual Assault 
Advocate in the Center for Gender and Sexuality (for COMPLAINANTS); and 
  Employees:  Faculty and Staff Counseling and Consultation Office 
To determine the appropriate SUPPORTIVE MEASURE(S) to be implemented, the University 
conducts an individualized assessment based on the facts and circumstances of a situation.  
SUPPORTIVE MEASURES will not be disciplinary or punitive in nature and will not unreasonably 
burden, or unreasonably interfere with the University PROGRAM OR ACTIVITY pursuits of the 
other party.  Whether a possible SUPPORTIVE MEASURE would unreasonably burden the other 
party is a fact-specific determination that takes into account the nature of the programs, 
activities, opportunities, and benefits in which an individual is participating.    
Examples of SUPPORTIVE MEASURES include: 

● Academic support services and accommodations, including the ability to reschedule

classes, exams and assignments; transfer course sections; modify an academic schedule

(typically to separate the COMPLAINANT and the RESPONDENT) or withdraw from courses;

● Work schedule or job assignment modifications (for University employment);

● Changes in work or housing location;

● An escort to ensure safe movement on campus;

● On-campus counseling services and/or assistance in connecting to community-based

counseling services;

● Assistance in connecting to community-based medical services;

● Mutual restrictions on contact or communication between the parties, although one-way

restrictions may be appropriate to help enforce a preliminary injunction, restraining order,

or other order of protection issued by a court, or in other special circumstances;

● Temporarily limiting an individual's access to certain University facilities or activities;

● Information about and/or assistance with obtaining personal protection orders;

● Leaves of absence;

● Increased monitoring and security of certain areas of the campus;

● Reassignment of patient to another physician; or

● Any combination of these measures.

The University will maintain SUPPORTIVE MEASURES provided to the COMPLAINANT or

RESPONDENT as confidential to the extent that maintaining such confidentiality would not impair

the University’s ability to provide the SUPPORTIVE MEASURES.

XI. EMERGENCY REMOVAL AND ADMINISTRATIVE LEAVE

The University has procedures that provide for emergency removal of STUDENTS and THIRD

PARTIES and administrative leave or suspension for EMPLOYEES. These processes are described

in greater detail in Section V of the Student Procedures and Section V of the Employee

Procedures.

XII. TRAINING

The University will ensure that Title IX Coordinators, investigators, decision-makers, and any

person who facilitates an informal resolution process, receive training on the definition of sexual

harassment in Section 106.30 of the Title IX regulations, the scope of the University’s education

PROGRAM OR ACTIVITY, how to conduct an investigation and grievance process including

hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially,

including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. The

University will also ensure that Hearing Officers will receive training on any technology to be

used at a live hearing and on issues of relevance to questions and evidence, including when

questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior

are not relevant, and that investigators will receive training on issues of relevance to create an

investigative report that fairly summarizes relevant evidence.