Sexual and/or Relationship Misconduct Policy For Students of Michigan Technological University
Sexual and/or relationship misconduct have been identified as national problems that significantly impact college and university students. Federal and state laws place requirements upon colleges and universities to address issues of sexual and/or relationship misconduct. The University is committed to educating students, faculty, and staff about this topic; and to working with the University and surrounding community's resources to offer as great a variety of services as possible.
The University’s Student Code of Community Conduct expressly prohibits sexual and/or relationship misconduct. Sexual and/or relationship misconduct includes sexual harassment; sexual violence; sexual exploitation; intimate partner violence and stalking These terms are defined under Prohibited Conduct.
Sexual and/or relationship misconduct can be carried out by University employees, fellow students, students from other schools, or third parties. When an allegation of sexual and/or relationship misconduct is brought forward, the University will take thorough, reliable, impartial, and fair steps to investigate in a prompt, effective, and equitable manner. If found to have occurred, the University will take steps to remedy the sexual misconduct, prevent its recurrence, and address its effects, whether or not the sexual misconduct is the subject of a criminal investigation.
Retaliation against a Complainant, Respondent, or any individual or group of individuals involved in the complaint, investigation, and/or resolution of an allegation of a violation of University policy is strictly prohibited. Any complaint regarding retaliation should be reported to the Title IX Coordinator, Office of Academic and Community Conduct and/or Public Safety and Police Services.
This policy is supported by the Procedure for Addressing Sexual and/or Relationship Misconduct Allegations Against Students.
Sexual Harassment -- is unwelcome sexual advances, requests for sexual favors, and/or verbal or physical conduct that is sufficiently sever, pervasive or objectively and subjectively offensive so as to substantially or effectively interfere with an individuals employment, education or ability to participate in or receive the benefits, services or opportunities of the University, and is based on power differentials (quid pro quo) where submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in any University activity. .
Sexual Violence -- refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving effective consent. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, nonconsensual sexual contact, nonconsensual sexual intercourse, and/or sexual coercion. Sexual violence is a severe form of sexual harassment.
Intimate Partner Violence -- is defined as any instance of violence or abuse (verbal, physical, or psychological) that occurs between those who are in or have been in an intimate relationship with each other. This includes dating violence and domestic violence.
Stalking—means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- Fear for their safety or the safety of others; or
- Suffer substantial emotional distress
Sexual Exploitation—Taking nonconsensual, unjust or abusive advantage of another in a sexual or intimate context for the responding party's own advantage or benefit OR to benefit/advantage anyone other than the individual being exploited AND does not constitute any other sexual and/or relationship misconduct offense addressed in the University's policy, including without limitation: prostituting another person, engaging in, permitting or facilitating nonconsensual viewing, photographing, videotaping, audio taping, or posting to the internet sexual or intimate activity (such as dressing, showering and similar activity of oneself or others), knowingly infecting another person with HIV or other sexually transmitted diseases and/or inducing incapacitation of another person with the intent to facilitate nonconsensual sexual intercourse or contact with that person.
Interpretive Rules for Sexual and Relationship Misconduct Charges
- The person who is the object of sexual and/or relationship misconduct is not required to physically or otherwise resist a sexual aggressor.
- Silence, previous sexual relationships, and/or current relationship with the alleged perpetrator (or anyone else) may not, in themselves, be taken to imply consent. Consent cannot be implied by attire, or inferred from the buying of dinner or the spending of money on a date.
- Intentional use of alcohol/drugs by the student accused of sexual and/or relationship misconduct is not an excuse for violation of the sexual and/or relationship misconduct policy.
- A student who deliberately drugs or attempts to persuade another to consume alcohol or drugs for the purpose of rendering that person incapacitated or sexually submissive/passive commits a violation of the sexual and/or relationship misconduct policy.
- An "intent to rape" is not required under this policy. The requisite intent for rape is demonstrated by engaging in the act of intercourse intentionally, without the other person’s effective consent.
- Consent has an expiration date. Consent lasts for a reasonable time, depending on the circumstances. Effective consent must be contemporaneous with the sexual activity involved.
- Nonconsensual sexual contact or exploitation is not limited to strangers and can include acquaintances.
The jurisdiction of the University over sexual and/or relationship misconduct incidents involving a student(s) is broad. The University will investigate and remedy, using the Procedures for Sexual and/or Relationship Misconduct, complaints of sexual and/or relationship misconduct:
- Regardless of the location of the incident.
- Regardless of the incident occurring during the course of a semester or during a semester break.
- As long as the alleged respondent is a current enrolled student, or was at the time of the incident.
- Regardless of the enrollment status of the alleged complainant.
- If the impact of the sexual and/or relationship misconduct incident is likely to have a substantial effect on campus life or activities of the alleged student complainant or alleged student respondent.
- If the incident poses a threat of danger to members of the University community.
- If alleged respondent is an inactive student and/or not currently enrolled, interim action(s) may be taken, i.e. place a hold on the student’s account and/or issue a campus ban.
- When allegations arise after a student has graduated regarding incidents that occurred before the student graduated, the University maintains the right to investigate and remedy such complaints. If found to be responsible, a student could face revocation of his or her degree and/or other sanctions.
Good Samaritan Provision: Intent Regarding Medical Emergency
The welfare of students in the University community is of paramount importance. At times, students and other individuals may need medical assistance. The University encourages students to offer assistance to others in need, and also for students to seek assistance for themselves. Sometimes students may be hesitant to seek or offer assistance due to concerns that their conduct violates University rules, or that a student in a medical emergency will be charged with a rule violation. A "medical emergency" is defined as any situation where an individual's physical and/or psychological health is at serious risk and immediate action must be taken to protect the individual or others.
The University intends to exercise considerable discretion to avoid the finding of responsibility under the Student Code of Community Conduct in medical emergencies as defined in this policy for a student providing assistance, as well as for a student receiving assistance in cases of a medical emergency. Educational conditions may be imposed rather than conduct sanctions if appropriate based on the professional judgment of the Dean of Students or designee. This statement of intent applies only to administrative enforcement of the Student Code of Community Conduct and does not provide immunity/amnesty from arrest or criminal prosecution.
Attempts and Enhancements
- Attempts to commit prohibited conduct may be punished to the same extent as completed violations.
- Repeated or aggravated acts of prohibited conduct may result in enhanced sanctions.
- Repeated or intentional failure to comply with imposed sanctions may result in enhanced sanctions.
- Conduct violations that are motivated by the offender's bias due to race, religion, color, national origin, age, sex, sexual orientation, gender identity, height, weight, genetic information, marital status, disabled veteran status, veteran status, or disability may result in enhanced sanctions.
The list of prohibited conduct is neither complete nor all-inclusive. The University reserves the right to impose necessary and appropriate interim actions and the full range of sanctions in response to inappropriate student conduct which threatens the safety and security of the University community.
The Procedures for Addressing Sexual and/or Relationship Misconduct provide a detailed explanation of the process that will be followed for complaints filed under the Sexual and/or Relationship Misconduct Policy.
Under most circumstances, the investigation and final determination of a complaint will be completed within 60 days, not including semester and/or holiday breaks, from the date on which the University receives notice of an alleged incident.
The possible sanctions under the Sexual and/or Relationship Misconduct policy are enumerated in the Procedures for Addressing Sexual and/or Relationship Misconduct allegations. In the final determination of an investigation of a case of sexual and/or relationship misconduct, the range of sanction is from written warning to conduct expulsion.
History: Revised August 1, 2005; August 1, 2006; August 1, 2007; August 1; 2008; August 1, 2009; August 1, 2010; September 3, 2013; August 1, 2014; January 21, 2015; March 27, 2015; July 1, 2015; August 15, 2016; August 1, 2017