Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent for sexual misconduct cases. Such measures are designed to restore or preserve equal access to Michigan Tech's Education Programs or Activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or Michigan Tech's educational environment, or deter sexual harassment.
Supportive measures may include, but are not limited to:
- Counseling
- Extensions of deadlines or other course-related adjustments
- Modifications of work or class schedules
- Campus escort services
- Mutual restrictions on contact between the parties
- Changes in work or housing locations
- Leaves of absence
- Increased security and monitoring of certain areas of the campus, and other similar measures.
Supportive measures may be put in place and monitored by the Title IX Coordinator in cases of sexual misconduct allegations handled under the Student Code of Community Conduct. Supportive measures may be available regardless of formal charges of the Student Code of Community Conduct.
Informal Resolution
At any time after a Formal Complaint has been signed and before a determination regarding responsibility has been reached, the parties may voluntarily agree to participate in an informal resolution facilitated by Michigan Tech, that does not involve a full investigation and adjudication. Types of informal resolution include, but are not limited to, mediation, facilitated dialogue, conflict coaching, and restorative justice and resolution by agreement of the parties.
Information Resolution Notice
Prior to entering the informal resolution process, Michigan Tech will provide the parties a written notice disclosing:
- The allegations;
- The requirements of the informal resolution process, including the right of any party to withdraw from the informal resolution process and resume the grievance process and the circumstances which preclude parties from resuming a Formal Complaint arising from the same allegations;
- Consequences resulting from the informal resolution process, including that the records will be maintained for a period of seven (7) years but will not be used by investigators or decision-makers if the formal grievance process resumes.
Informal Resolution Agreement
Prior to entering the informal resolution process, the parties must voluntarily agree, in writing to the use of the informal resolution process.
Informal Resolution Availability
The informal resolution process is not permitted to resolve allegations that an employee committed Sexual Harassment against a student.
Informal Resolution Timeframe
Informal resolutions of a Formal Complaint will be concluded within 45 days of notice to Michigan Tech that both parties wish to proceed with the informal resolution process. Such notice that the parties wish to proceed with an informal resolution process will “pause” the counting of the timeframe to conclude the Grievance Process of this Policy, should the informal resolution process fail and the parties continue with the Grievance Process.
Informal Resolution Documentation
Any final resolution pursuant to the Informal Resolution process will be documented and kept for seven (7) years. However, no recording of the informal resolution process will be made and all statements made during the informal resolution process will not be used for or against either party (and the decision-maker(s) and/or appellate decision-maker(s) may not consider any such statement made during informal resolution) should the parties resume the grievance process. Failure to comply with an informal resolution agreement may result in disciplinary action.
Formal Grievance
If a complainant chooses to file a Formal Complaint, or if the Title IX Coordinator files a Formal Complaint, the grievance process will begin. This process includes a Notice of Allegations to the parties identified, an investigation, a live-hearing, and the opportunity to appeal. After a Formal Complaint has been filed, there are also options for informal resolution. Once a Formal Complaint has been filed and the respondent has been identified, the respondent will also be offered supportive measures.
A Formal Complaint is a document filed by a complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a respondent and requesting that Michigan Tech investigate the allegation of sexual harassment.
