Title IX

Many of us know about Title IX as “the law that made school sports more equitable for girls and women.” Yet, there’s also a lot more to it.

Sexual harassment, which includes acts of sexual violence such as rape, sexual battery and sexual coercion, is a form of sex discrimination prohibited by Title IX. It creates a hostile environment that has no place on our campus. And it’s something we take very seriously as we work to keep you safe and to respond effectively and immediately when you’re in trouble.

Our Title IX Coordinator

Our campus Title IX Coordinator is available to you and is responsible for…

• Overseeing all Title IX complaints and investigations to provide prompt, fair and equitable resolutions
• Identifying and addressing any patterns or systemic problems that arise
• Being available to meet with students, provide support and answer questions
• Working with other college officials
• Coordinating training, education and communication pertaining to Title IX
• Not having other job responsibilities that may create a conflict of interest
• Being available to assist school law enforcement employees regarding how to respond appropriately to reports of sexual violence
• Ensuring that our institution carries out its Title IX responsibilities

You can talk with any of us here on campus if you or someone you know is experiencing sexual harassment/sexual violence. We’ll provide support and put you in touch with the Title IX coordinator and other resources right away!

We’re all here to deter gender-based discrimination and make our campus a safer, more welcoming place to be.

As an affirmative action/equal opportunity institution, the College encourages diversity and provides equal opportunity in education, employment, all of its programs, and the use of its facilities. The College does not discriminate in educational or employment opportunities or practices on the basis of race, sex, color, religion, gender, gender expression, gender identity, national origin, veteran’s status, age, disability unrelated to an individual’s ability to perform adequately, sexual orientation, or any other characteristic protected by law.

Title IX Coordinator Contact Information: , (CM1003), , or .

Title II, ADA, Coordinator Contact Information: , (CM 1117), , or .

Section 504 Coordinator Contact Information: , (PCC 2280A), , or .

We don’t tolerate discrimination and here’s what it means regarding Title IX…

• Our institution doesn’t discriminate on the basis of sex within educational programs and activities, in accordance with Title IX requirements. Mott Community College strictly prohibits all acts of sexual violence which include sexual assault, domestic violence, dating violence and stalking, sexual harassment and sexual discrimination. In addition to facing criminal investigation and prosecution, students, employees and other affiliates may also face action by Mott Community College. When students or employees are accused of having engaged in sexual violence, sexual discrimination and/or sexual harassment the College may, depending on the facts alleged, issue interim safety measures prior to the resolution of the charges. Such interim safety measures might include issuing No Contact orders between the parties, or altering an individual’s work or class schedule.
• Mott Community College’s Title IX Coordinator will oversee all investigation involving Title IX complaints. Employees who are found responsible for having committed such a violation could face termination of employment and students who are found responsible for having committed such a violation may face disciplinary probation, suspension or dismissal from the College. For incidents involving employees the Title IX Coordinator will contact and consult the Office of Human Resources during the investigation.
• Inquiries about the application of Title IX may be referred to our Title IX Coordinator or to the Department of Education’s Office for Civil Rights at [email protected] or (800) 421-3481

Policies & Disciplinary Procedures: Our Promise to You

• We’ll investigate Title IX complaints in a prompt, fair and impartial manner
• We’ll take steps to prevent the recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate
• Both parties can present witnesses and other evidence
• Mediation will not be used to resolve sexual assault complaints
• We will take necessary steps to protect students from retaliation if they report sexual violence, harassment and/or discrimination.
• The time frame for a grievance investigation will typically take up to 60 days, unless it’s particularly complicated
• Both parties will be notified of the outcome of the complaint

Sexual harassment of a student can deny or limit, on the basis of sex, the student’s ability to participate in or to receive benefits, services or opportunities from the institution’s programs. Therefore, it’s a form of sex discrimination prohibited by Title IX.

What constitutes sexual harassment? According to the Department of Education’s Office for Civil Rights, it is conduct that:

• Is sexual in nature
• Is unwelcome
• Denies or limits a student’s ability to participate in or benefit from a school’s education program

See the box for examples of sexual conduct.

Here are some other key points:

• Sexual harassment can take different forms depending on the harasser and the nature of the harassment
• College or university employees, other students and non-employee third parties, such as a visiting speaker, may carry out this conduct.
• The conduct can be verbal, nonverbal or physical.
• Both male and female students can be victims of sexual harassment, and the harasser and the victim may be of the same sex.
• Sexual harassment can occur in any school program or activity and can take place in institutional facilities or at off-campus locations, such as a school-sponsored retreat or training program at another location.

Instances of Sexual Harassment

Some examples of sexual harassment on campus include…

• A faculty member conditions an intern’s evaluation on submission to his sexual advances and then gives her a poor evaluation for rejecting the advances
• A drama director does not give a student a part in a play because he has not responded to sexual overtures from the director
• A professor who supervises the college newspaper continually and inappropriately touches a student editor in a sexual manner, causing the student to resign from the newspaper staff
• A faculty member withdraws approval of research funds for her assistant because he has rebuffed her advances
• A graduate teaching assistant repeatedly asks a student to stay after class and attempts to engage her in discussions about sex and her personal experiences while they are alone in the classroom, causing the student to stop coming to class

Sexual violence is a form of sexual harassment, prohibited by Title IX, which includes conduct that is criminal in nature.

There are many types of sexual violence, not all of which include physical contact between the victim and the perpetrator. They include sexual harassment, threats and peeping.

Examples of sexual violence that include physical contact are:

• Rape
• Sexual assault
• Sexual battery
• Sexual coercion (see box below)
• Unwanted touching
• Dating violence
• Sexually motivated stalking

Sexual violence refers to sexual acts perpetrated against a person’s will where consent is not obtained or where a person is incapable of giving consent due to his/her use of alcohol or other drugs.

Anyone can experience sexual violence, but most victims are female. And the majority of campus sexual assaults occur when women are incapacitated, primarily by alcohol.

The person responsible for the violence is typically male and is usually someone known to the victim (e.g. friend, coworker, neighbor, significant other, family member). This person is often called a “perpetrator” or someone who harms someone else.

An estimated 20% to 25% of college women and 6.1% of men in the U.S. have experienced an attempted or completed rape during their college career.

You or a friend are called a “reporting party” when you come forward to let us know of a personal instance of sexual harassment/sexual violence.

If you want to learn more about your rights or if you believe your institution is violating Federal law, you can contact the U.S. Department of Education, Office for Civil Rights, at [email protected] or (800) 421-3481. You can also fill out a complaint form online through the Department of Education www2.ed.gov/about/offices/list/ocr/complaintintro.html.

Every campus has a population of bystanders who support sexual violence. They may not mean to do so, yet by not intervening when they see something happening, not reporting actions or dismissing certain behaviors, they are essentially sending a message to perpetrators that their actions are okay.

Proactive Bystander Strategies

In order to be a proactive bystander who helps prevent cases of sexual harassment or sexual violence, you can…

• Believe violence is unacceptable and say it out loud
• Treat people with respect
• Speak up when you hear people making statements that blame victims
• Talk with friends about confronting violence against men or women
• Encourage female/male friends to trust their instincts
• Be a knowledgeable resource for victims
• Don’t laugh at sexist jokes or comments
• Look out for friends at parties and bars
• Educate yourself and your friends
• Use campus resources
• Attend an awareness event
• Empower victims to tell their stories

Reactive Bystander Strategies

In order to be a reactive bystander who positively intervenes in instances of sexual harassment or sexual violence, you can…

• Get campus police or other authorities involved
• Tell someone else
• Get help
• Ask a friend in a potentially dangerous situation if he/she wants to leave
• Make sure he/she gets home safely
• Ask a victim if he/she is okay
• Provide options and a listening ear
• Call the campus or local counseling/crisis center for support and options

Any person may bring a complaint against a student and an employee under these procedures based on Sexual violence, assault, domestic violence, dating violence, and stalking, Sexual Harassment and Discrimination.

All such complaints shall be made to the Title IX Coordinator.

Title IX Coordinator and/or Deputy Investigator Procedures for the resolution of Title IX reports.

The Title IX Coordinator may modify these procedures and communicate the changes at any time as deemed appropriate for compliance with federal, state, local law or applicable guidance.

1. REPORTING A COMPLAINT

   An individual who has been the victim of sexual harassment, domestic violence, dating violence, sexual assault, sexual exploitation, sex/gender discrimination, stalking, or other sexual misconduct, is encouraged to report the incident promptly to the Title IX Coordinator or his/her designee by calling, writing, emailing or coming in to the Title IX Office and/or Public Safety Office, if they so desire. These procedures apply to all individuals who have an institutional relationship with Mott Community College (faculty, staff, students, visitors, etc.).

   Standard of Proof: In every sexual misconduct investigation, the standard of proof required is a preponderance of evidence (the evidence demonstrates that it is more likely than not that the conduct occurred).

   Presumption of Non-Responsibility: The Respondent shall be presumed not responsible for the alleged conduct, and MCC shall treat both parties equitably by not initiating any sanctions against the Respondent or impose any Remedies until a determination of responsibility has been made at the conclusion of the grievance process.

   Criminal Reporting: Although MCC strongly encourages all members of its community to report violations of this policy to law enforcement, it is the reporting party’s choice whether or not to make such a report, and reporting parties have the right to decline involvement with the police. Reports of all domestic violence, dating violence, sexual assault and stalking made to MCC’s Public Safety Office will automatically be referred to the Title IX Coordinator for investigation, regardless of the reporting party’s desire to pursue criminal charges. As the Title IX Coordinator is a Campus Security Authority, they will report that the incident occurred for the purposes of Clery Crime Reporting. The College will proceed with an investigation without the consent of the reporting party if there is a danger to the campus or the community.

   Jurisdiction: Complaints will be dismissed if the allegations do not meet the definition of sexual harassment, did not occur as part of an educational program or activity, or did not occur against a person in the United States. At the time of filing a formal complaint, a Reporting Party must be participating in or attempting to participate in a MCC education program or activity.

   A complaint that is dismissed under the Title IX investigation process does not preclude MCC from investigating and/or taking appropriate corrective action based on another violation of law, policy or code of conduct. Additionally, a complaint may be dismissed, if the Reporting Party requests dismissal, the Respondent is no longer enrolled or employed by MCC, or the circumstances prevent sufficient investigation of evidence for determination.

   Upon dismissal for lack of jurisdiction, the parties will be given written notice with the reasons for dismissal simultaneously.

   False Reporting: : Faculty members, staff members or students who knowingly provide a false complaint under this policy to a College official, or intentionally mislead College officials who are involved in the investigation or resolution of a complaint, may be subject to disciplinary action. For further information, please review Title IX Reporting Guidelines at www.mcc.edu/titleix.

2. SUPPORTIVE MEASURES ASSESSMENT

   Upon receiving a complaint of sexual misconduct, the College will immediately execute Support measures to stop the misconduct, keep the reporting party and campus community safe, and ensure equal access to educational programs and activities. All actions will be implemented without penalty to the reporting party and will be provided while an investigation is pending. Support measures are non-punitive, non-disciplinary individualized services provided to restore or preserve equal access to MCC’s educational programs or activities without burdening the accused and protect the safety of all parties. Possible supportive measures may include separating the parties, placing limitations on contact between the parties, or making alternative arrangements. Failure to comply with the terms of interim protections may be considered a separate violation of MCC Policy.

   EMERGENCY REMOVAL OF STUDENTS: MCC may remove a student Respondent from an education program or activity if it is determined that an immediate threat exists after an individualized safety and risk analysis is conducted. If removal is appropriate, Respondent will be notified and provided an opportunity appeal the decision to Title IX following removal. The Title IX decision will be final.

3. ASSESSMENT

   When a complaint is made, the Title IX Coordinator or his/her designee may conduct an initial Title IX assessment. The first step of the assessment may be a preliminary meeting between the Reporting Party and the Title IX Coordinator or his/her designee. As part of the initial assessment of the complaint, the College will:

   • Assess the nature and circumstances of the allegation
   • Notify the Reporting Party of the right to contact or decline to contact law enforcement if the conduct is criminal in nature, and if requested, assist them with notifying law enforcement
   • Provide the Reporting Party with information about on- and off- campus resources
   • Notify the Reporting Party of the available supportive measures
   • Provide the Reporting Party with an explanation of the Title IX Investigative Process
   • Inform the Reporting Party and the Respondent that they may seek an advisor of their choosing to assist them throughout the investigation and resolution of the complaint, and that the advisor may accompany them to any meeting or proceeding under this policy
   • Explain the College’s policy prohibiting retaliation
   • Discuss the Reporting Party’s expressed preference for manner of resolution and any barriers to proceeding

4. MANNER OF RESOLUTION

   Early Resolution (Informal Investigation): The Title IX Coordinator may attempt to resolve any Title IX complaints by informing, educating, or negotiating voluntary agreements through mediation in accordance with College policy and procedures.

   The goal of early resolution is to resolve concerns at the earliest stage possible, with the cooperation of all parties involved. Early resolution may include an inquiry into the facts, but typically does not include a formal investigation. Means for resolution shall be flexible and encompass a full range of possible appropriate outcomes. Early resolution can include options such as discussions with the parties, making recommendations for resolution, implementing no contact orders, and conducting follow-up after a period of time to assure that the resolution has been implemented effectively. Early resolution may be appropriate for responding to anonymous complaints and/or third-party complaints. Steps taken to encourage resolution and agreements reached through early resolution efforts will be documented. Early resolution through mediation is not an option in sexual violence cases or in situations where allegations involve an employee sexually harassing a student.

   In order to engage in Early Resolution, both parties must provide voluntary, written consent. Electing to participate in Early Resolution is not required, nor does it waive a party’s right to a formal investigation of the allegations, pursuant to Section E.

   Prior to engaging in Early Resolution, both parties shall receive notice of the allegations and the requirements of the informal resolution process, which includes preclusion of resuming formal investigation from the same allegations once a resolution is reached, the parties’ right to withdraw at any time, and that records of the informal resolution will be maintained and could be shared.

   Formal Investigation: If no resolution can be reached that is acceptable to all parties and to the College, the Title IX Coordinator and/or Deputy Investigator may, if appropriate, institute an investigation. The Title IX Coordinator and/or Deputy Investigator may also determine that an investigation is warranted without a complaint, either because of the severity of the allegations reported, or because of the frequency of allegations against the accused, or for any other reason.

5. FORMAL INVESTIGATION PROCEDURE

   Trained, neutral Title IX Investigators shall conduct formal investigations under the oversight of the Title IX Coordinator or their designee. A formal complaint means a document filed by a Reporting Party or signed by the Title IX Coordinator alleging sexual harassment against a Respondent. Investigations begin with a determination of whether MCC has jurisdiction over the matter. The Title IX Investigator shall investigate the circumstances of the alleged offense to the extent necessary to make a determination as to whether the allegations contained in the complaint constitute a violation of the MCC Policy. For incidents involving employees, the Title IX Coordinator will contact and consult the Office of Human Resources during the investigation.

   Conflicts of Interest

   The Deputy Investigator, Title IX Coordinator, Decision Makers will have no conflict of interest or bias against either party. All persons participating in the investigation or resolution of a Sexual Misconduct case (including hearing, sanctioning, and appeals) must disclose any potential or actual conflict of interest to the Title IX Coordinator. The Title IX Coordinator is responsible for sharing relevant information with the Complainant and Respondent. If either party believes that any person involved in the process has a conflict of interest, they may request that the individual not participate. Any such request should be made to the Title IX Coordinator and should include a description of the alleged conflict. If the Title IX Coordinator determines that a disabling conflict of interest exists, the Title IX Coordinator will take steps to address the conflict in order to ensure an impartial process.

   These individuals will receive training in conducting a Title IX investigation and avoiding bias or a conflict of interest. The training the parties receive will be posted to MCC’s website.

   MCC may consolidate formal complaints as to allegations of sexual harassment that arise out of the same facts or circumstances (1) against more than one respondent, (2) by more than one complainant against one or more respondents, or (3) by one party against the other.

   Notice of Investigation: Upon the initiation of a formal investigation, the Title IX Coordinator and/or Deputy Investigator will send a Notice of Investigation to both parties which:

   1. advises the parties of the initiation of a formal investigation;
   2. advises the parties of the right to participate in the investigation;
   3. advises that the investigation may proceed without the participation of either party;
   4. includes the name of the parties involved;
   5. includes a statement of the allegations (including the date and location of the alleged incident(s));
   6. identifies the violation(s) of Title IX which is represented by the allegations;
   7. provides parties with a statement on prohibiting retaliation.
   8. provides the website address of where the parties can locate a copy of the Title IX Investigation Procedure; and,
   9. describes the need to schedule an appointment with the Title IX Coordinator and/or Deputy Investigator, if applicable.
   10. states that the Respondent is presumed not responsible for the alleged conduct and a determination of responsibility is made at the conclusion of the grievance process.
   11. advises the parties of their right to an advisor of their choice, who may or may not be an attorney, and to inspect and review evidence gathered.
   12. provides the provision of the code of conduct that prohibits making false statements or knowingly submitting false information.

   MCC shall update the parties if additional allegations are discovered that require investigation that the parties had not previously been notified.

   Time Frame: This investigation should normally be completed within ninety (90) college days. If the investigation cannot be completed within that time, the Title IX Coordinator will so inform the reporting party/parties and the respondent via written letter.

   Gathering and Reviewing Evidence: The Title IX Investigator will interview anyone and examine any evidence deemed necessary to investigate the complaint fully. The investigation generally shall include interviews with all parties if available, interviews with other witnesses as needed and a review of relevant documents as appropriate. Both the reporting party and respondent will have an opportunity to identify potential witnesses and provide any evidence or other information relevant to the investigation. Neither party is precluded from discussing the allegations under investigation. The Title IX Office will review and determine the relevance of any proffered information and evidence. In general, the Title IX Office will not consider statements of personal opinion. Witnesses must have observed the acts in question or have information relevant to the incident and cannot be participating solely to speak about an individual’s character, chastity or honesty. MCC shall not require, allow, rely upon, or otherwise use questions or evidence that constitutes or seeks disclosure of, information protected by a legally recognized privilege without proper waiver.

   MCC bears the burden of proof and gathering evidence sufficient to reach a determination of responsibility. MCC also shall not access, consider, disclose, or otherwise use a party’s records made or obtained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in a professional or paraprofessional capacity, or assisting in that capacity, made and maintained in connection with the provision of treatment without the voluntary, written consent of the party.

   During the investigation process, both parties will be provided timely notice of any meeting at which their presence is requested or required (notices will be sent to the individual’s official mcc.edu e-mail account). The reporting party will not be required to appear in the same room or otherwise confront the respondent. The parties are not permitted to personally cross-examine each other during the investigation process. However, either party may submit questions in writing to the Title IX Office to be asked of the other party. Questions may be submitted at any time during the investigation process up to the deadline for the review of the preliminary investigation report. Submitted questions will be reviewed by the Title IX Coordinator or their designee to determine if they are relevant to the investigation.

   Advisor: Upon request, the reporting party/parties and the respondent may each have an advisor present when he or she is interviewed. Other witnesses may have a representative present at the discretion of the Title IX Coordinator and/or Deputy Investigator.

   Investigative Report: Generally, an investigation should result in a written report that, at minimum, includes: a statement of the allegations and issues; the positions of the parties; a summary of the evidence; findings of fact.

   • Investigative Report:
   • At the conclusion of the fact-finding portion of the investigation, both parties will be provided with an opportunity to review the final investigation report and evidence collected that directly relates to the allegations raised in the formal complaint and provide feedback to the information gathered, as well as provide additional evidence and ask any questions of the investigator. After receiving any comments by either party, or after the 10-college day comment period has lapsed without comment, the investigator will address any relevant issues identified and as appropriate pursue any additional investigative steps prior to issuing a final investigative report.
   • The final written report will be created based on an objective review of the evidence and credibility determinations shall not be based on the parties’ status. The Final Report will fairly summarize the relevant evidence and contain all information from the preliminary report, as supplemented by the relevant feedback submitted, as determined by the Deputy Investigator. Only information that is provided to the Deputy Investigator or uncovered during the course of the investigation may be considered in the determination of whether a Policy violation occurred. If the respondent admits responsibility, the investigator’s final report will contain a short summary of the allegations and the respondent’s admission of responsibility.
   • The Deputy Investigator’s report must be reviewed and approved by the Title IX Coordinator before it is finalized.
   • MCC shall send the Final Report to each party and the party’s advisor for their review at least 10 college days prior to a hearing. The parties shall have the opportunity to provide a written response.

   Referral to Hearing: There will be an opportunity for a hearing to allow for cross-examination of the other party and requested witnesses, within 5 calendar days of the Hearing Right Notice,. The matter will be referred to a Hearing Officer to schedule and conduct a hearing within 14 College days (if possible). The Hearing will be conducted by a fair, impartial and neutral hearing panel that is selected by the Title IX Coordinator. The Title IX Coordinator or their designee will provide the parties and the Hearing Panel with: 1) the final investigation report; 2) notice that the matter is referred to a hearing officer; and 3) reasonable electronic access to the evidence in a format that restricts the parties from downloading or copying the evidence. The Hearing Panel will also have access to the case file so that he/she is well-versed in the facts of the case, and may consult with the investigator as necessary.

   The live (in-person or virtual) hearing is for the purpose of permitting each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Cross-examination must be direct, oral, and in real time by a party’s advisor. If the party does not have an advisor, the College shall appoint an advisor without charge. The hearing is not intended to be a repeat of the investigation. In general, the Hearing Officer/Panel will consider questions and material that is relevant and material to a determination. If the Hearing Officer determines a question is not relevant, the question or evidence shall be excluded and will explain the reason for the exclusion.

   Questions concerning the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless (1) the question or evidence presented is offered to prove that someone other than the respondent committed the conduct alleged by the complainant; OR (2) the questions or evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

   The Hearing Officer has broad discretion to determine the hearing format. The Hearing Officer/Panel is responsible for maintaining an orderly, fair and respectful hearing and has broad authority to respond to disruptive or harassing behaviors, including adjourning the hearing or excluding the offending person.

   If reasonable efforts to accommodate witness schedules are not successful, the Hearing Officer/Panel has the discretion of whether to continue the Hearing.

   If a party or witness does not submit to cross-examination at the live hearing, the hearing panel must not rely on any statement of that party or witness in reaching a determination regarding responsibility. The Hearing Officer, however, must not draw a negative inference from a party’s or witness’s absence or refusal to submit to cross-examination.

   A party may request to participate as a witness in a live hearing virtually (videoconference or other similar technology) allowing the reporting party and respondent to be in different locations but with technology enabling all parties, witnesses and participants to see and hear each other. The hearing begins when the Hearing Officer calls the hearing to order. The Hearing Officer will call for the reporting party. The respondent’s advisor then has the opportunity to question the reporting party. The Hearing Officer may ask questions of the reporting party.

   The Hearing Officer then calls for the respondent. The reporting party’s advisor then has the opportunity to question the respondent The Hearing Officer may ask questions of the respondent.

   At the request of either party, a witness may be called to provide information on a specific issue or issues. A party’s advisor may question a witness. The Hearing Officer/Panel may ask questions of a witness. A Hearing Officer/Panel Chair may decline to hear from a witness where they conclude that the information is not necessary for their outcome determination.

   Record of Hearing. The hearing and any prehearing conference are closed to the public. The Reporting Party, Respondent and witnesses are each allowed to have one adviser of their choice present throughout the hearing process. Witnesses are not to be present at any party’s hearing location until called by the Hearing Officer/Panel. The Hearing Officer/Panel will keep an official recording of the hearing. No camera, TV, phone or other recording devices other than that used or approved by the Hearing Officer/Panel will be permitted. The Title IX Coordinator or other administrators relevant to the case may attend the hearing.

   An audio or audiovisual recording or transcript of a live hearing will be made available to the parties for review upon request.

   Pre-Hearing Conference. At least 5 days before the date of the Hearing, The Title IX Coordinator will convene a pre-hearing meeting with each of the parties advisors to plan for the hearing. At a minimum the following will be discussed: identification of the advisors; the hearing procedures to be followed (including time allotted for the hearing and any time limitations); identification and exchange of witnesses who will appear at the hearing; identification and exchange of any evidence and/or exhibits that will be presented at the hearing; identification and exchange of proposed questions to be asked of the other party; and any concerns of conflict of interest with the hearing officer/panel.

   Notice of Hearing Outcome. Following the hearing, the Hearing Officer/Panel will consider all of the evidence and make a determination, by a preponderance of the evidence, whether the respondent has violated policy. Both the reporting party and the respondent will be notified simultaneously, in writing, of the final outcome, the rationale for the outcome, and the process to appeal the findings of the investigator or the Hearing Officer/Panel. 15 College Days

   The written determination shall include the following: (1) the allegations of the conduct potentially constituting sexual harassment; (2) a description of the procedural steps taken during the grievance process; (3) findings of fact supporting the determination; (4) conclusions regarding the application of MCC’s code of conduct to the facts; (5) a statement of, and rational for, the result as to each allegation, any disciplinary sanction, and whether any remedies are provided; and (6) MCC’s procedure and permissible bases for appeal.

   A Hearing Officer/Panel’s decision shall be final on either the date that MCC provides the parties with a written determination of the result of an appeal OR more than fifteen days following the receipt of the Hearing Outcome.

6. FINDINGS AND SANCTIONS

   If the hearing concludes that a preponderance of the evidence exists which suggests a student engaged in sexual harassment, domestic violence, dating violence, sexual assault, sexual exploitation, sex/gender discrimination, stalking, or other sexual misconduct the sanctions will be addressed through the Title IX Office. Students who are found responsible for having committed such a violation may face disciplinary actions, up to and including expulsion from the College. If a Title IX investigation concludes that a preponderance of the evidence exists which suggests that an employee engaged in sexual harassment, domestic violence, dating violence, sexual assault, sexual exploitation, sex/gender discrimination, stalking, or other sexual misconduct the sanctions will be addressed through the Office of Human Resource and pursuant to relevant collective bargaining agreements. Employees who are found responsible for having committed such a violation may face disciplinary actions, up to and including termination of employment.

   Even if the Title IX Coordinator and/or Deputy Investigator does not make a finding of a violation of the MCC Policy, but the Title IX Coordinator and/or Deputy Investigator believes the behavior complained of may constitute misconduct, the Title IX Coordinator and/or Deputy Investigator may refer the matter pursuant to the appropriate discipline process.

   Notice of Conclusion of Investigation, Findings and Sanctions: In compliance with section 444 of the General Education Provisions Act (20 US.C. 1232G), commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA) the reporting party and the respondent shall be informed simultaneously by certified mail when the investigation is completed.

   The reporting party shall be informed if there were findings made that the MCC Policy was or was not violated and of actions taken to resolve the complaint, if any, that are directly related to the reporting party, such as an order that the respondent not contact the reporting party.

   Administration of Student Sanctions and Remedies: Potential student sanctions and remedies will be applied based upon the facts and circumstances of the case, and parties will be notified by certified mail. Sanctions may include:

   • Verbal warning
   • Written warning
   • Probation
   • Permanent removal from a course
   • Suspension
   • Expulsion

   Remedies may include:

   • Counseling
   • Extensions of deadlines or other course-related adjustments,
   • Modifications of work or class schedules,
   • Campus escort services,
   • One-way restrictions on contact or housing locations,
   • Leaves of absence, and
   • Increased security and monitoring of certain areas of campus.

7. APPEAL PROCESS

   If the Reporting Party/Respondent contests one or more of the recommended finding(s), the Reporting Party/Respondent may submit to the Title IX Coordinator a written statement explaining why the Reporting Party/Respondent contests such finding(s).

   Grounds for Appeal: The grounds for appeal are limited to:

   1. A procedural error or omission occurred that affected the Investigative Findings and/or Determination (e.g., substantiated bias, material deviation from established procedures, etc.);
   2. To consider new evidence, unknown or unavailable during the original Investigation, that could impact the Investigative Findings and/or Determination; and/or
   3. The recommended Corrective Actions are substantially disproportionate to the severity of the violation.

   Filing an Appeal: The Reporting Party or the Respondent shall have fifteen (15) days from receipt of certified letter of Notice of Conclusion of Investigation, Findings and Sanctions to file an appeal with the Title IX Coordinator. The appeal shall state in writing the grounds for appeal and the specific reasons why the investigative findings, determinations, and/or recommended sanctions should be reversed or modified. Failure to file an appeal will render the decision final and conclusive. MCC shall notify the other party in writing that an appeal has been filed. If an appeal of the decision/sanction is filed, the other part(ies) will have ten (10) calendar days to respond to the appeal in writing.

   Title IX Appeals Officer will review the appeal and issue a written decision within fifteen (15) calendar days of receiving the appeal documents. Title IX Appeals Officer cannot serve as initial decision-maker, investigator, or Title IX Coordinator, and must be free of any conflict of interest or bias. The decision of appeal shall be final.

   These timeframes may be extended for good cause, if the parties are provided with notice of the extension.

   Review Panel: A standing pool will be comprised of trained members of the Mott Community College community and, at the discretion of the Title IX Coordinator, external professionals with experience adjudicating cases of Prohibited Conduct. Three (3) members will be selected from this pool to serve on the Review Panel. One of the members will also serve as the Meeting Chair. All persons serving on any Review Panel must be impartial and free from actual bias or conflict of interest.

   Standard of Review: Either party may appeal any decision on one or more of the following grounds: The Appeal must be 1) a procedural error or omission has occurred that affected the Investigative Findings and/or Determination (e.g., substantiated bias, material deviation from established procedures, etc.); 2) new evidence exists, unknown or unavailable during the original Investigation, that could impact the Investigative Findings and/or Determination; 3) the recommended sanctions are substantially disproportionate to the severity of the violation; and/or the Title IX Coordinator, investigator(s) or decision maker(s) had a conflict of interest or bias for or against the Reporting Party or Respondent that affected the outcome of the matter.

   Appeal Determination: Appeals shall be decided upon the record of the original investigation and upon written summaries submitted by the parties. A new hearing shall not be conducted.

   If it is found that concerns stated by the contesting party raise substantial doubt about the thoroughness, fairness, and/or impartiality of the investigation, it will remand the matter to the Title IX Coordinator with instructions for further investigation or other action. If no cause for substantial doubt about the thoroughness, fairness, and/or impartiality of the investigation is found and it is affirmed that there is sufficient evidence to support a recommended finding of responsibility by a Preponderance of the Evidence, the original recommended sanction(s) will be upheld and the matter will be considered resolved and closed.

   If the Title IX Appeals Officer finds that the recommended sanctions are substantially disproportionate to the severity of the violation, it will affirm the finding and reduce, but not eliminate, the sanction. Sanctions may only be reduced if found to be grossly disproportionate to the offense.

   Cases may be dismissed if the findings are held to be arbitrary and capricious. On appeal, the decision of the Title IX Appeals Officer shall be final and conclusive.

• Board Policy 5200 - Equal Educational Employment Opportunity (EEO)/Non-Discrimination
  • Board Policy 5202 - Other Harassment
• login required  Title IX Investigation Procedure

• Definitions:

  Advisor

  The advisor can be anyone the complainant and respondent chooses, including a lawyer or family member to provide support, guidance and/or advice.

  Advocate

  Advocate is defined at 42 U.S.C. § 13925(A): A person, whether paid or serving as a volunteer, who provides services to victims of domestic violence, sexual assault, stalking, or dating violence under the auspices or supervision of a victim services program.

  Complainant (Reporting Party)

  The individual(s) who have experienced or witnessed a violation of MCC policy.

  Consent

  is defined as the act of willingly and verbally agreeing to engage in specific sexual conduct by a competent person. A person is not competent and therefore lacks the ability to consent if he or she is substantially physically or mentally impaired by alcohol or drugs, forced or threatened, physically incapable of resisting, asleep, or unconscious. A person is deemed incapable of consent when that person is either less than sixteen years old. It is important to remember that silence, by itself, cannot constitute consent. Consent to one sexual act does not constitute or imply consent to a different sexual act. Previous consent cannot imply consent to future sexual acts. Consent is required regardless of the parties’ relationship status or sexual history together. In addition, a verbal “no” (no matter how indecisive) or resistance (no matter how passive) constitutes the lack of consent. Consent once given may be withdrawn at any time. If consent is withdrawn, the other party must immediately stop whatever sexual contact is occurring.

  Dating Violence

  is defined at 42 U.S.C. § 13925(a): “Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature…. [T]he existence of such a relationship is determined based on a consideration of the length of the relationship, that type of the relationship, and the frequency of interaction between the parties involved in the relationship.

  Domestic Violence

  is defined at 42 U.S.C. § 13925(a): A felony or misdemeanor crime of violence committed by –

  • Current or former spouse of the victim;
  • Person with whom the victim shares a child in common;
  • Person cohabitating with or who has cohabitated with the victim as a spouse or intimate partner;
  • A person similarly situated to a spouse of the victim under the State’s domestic or family violence laws;
  • Person against another person who is protected from such acts under the State’s domestic or family violence laws.

  Preponderance of the evidence

  is the standard of proof in sexual and interpersonal violence cases, which asks whether it is “more likely than not” that the violence occurred. If the evidence presented meets this standard, then the accused should be found responsible.

  Respondent

  shall mean a person accused of a violation who has entered the student conduct process.

  Responsible employee

  is an employee with the authority to redress sexual and interpersonal violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee; or whom a student could reasonably believe has this authority or duty. If a responsible employee is aware of sexual violence, then the college is considered on notice of that sexual violence.

  Retaliation

  is adverse action against another person for reporting a violation or for participating in any way in the investigation or conduct process. Retaliation includes harassment and intimidation, including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequences, and bullying.

  Sexual Assault

  is defined at 42 U.S.C. § 13925(a): Any non consensual sexual act prescribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.

  Sexual Discrimination

  Inequitable treatment of individuals on the basis of gender.

  Sexual Harassment

  For purposes of Title IX, sexual harassment is defined as:
  

  (1) an employee who conditions the provision of an aid, benefit, or service of the school on an individual’s participation in unwelcomed sexual conduct;

  (2) Unwelcomed conducted that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to educational programs or activities; or

  (3) sexual assault as defined in the Clery Act, 20 USC 1092 (f)(6)(A)(v), or dating violence, domestic violence, or stalking as defined in the Violence Against Women Act, 34 USC 12291 (a)(8), (10), and (30).

  Stalking

  is defined at 42 U.S.C. § 13925(A): Engaging in a course of conduct directed at a specific person that would cause a reasonable person to –

  • Fear of his or her safety or the safety of another; or
  • Suffer substantial emotional distress

  Title IX Coordinator

  shall mean the Title IX Coordinator and/or his or her designee or designees. The Title IX Coordinator provides ongoing training, consultation, and technical assistance on Title IX (and related laws) for all students and employees. Title IX Investigators assist the Title IX Coordinator in responding to reports of sex discrimination, sexual harassment, sexual assault/violence, stalking, dating violence and domestic violence.

In response to 34 CFR Part 106.45(b)(10) of the 2020 Title IX Final Rule, Mott Community College is required to publicly share all materials used to train Title IX personnel at the College. These individuals include the Title IX Coordinator and Deputy Coordinators, investigators, decision-makers (including hearing panel members), and any person who facilitates an informal resolution process. The College will continue to post access to training materials through this website to the extent necessary to comply with Title IX.

Training topics must include: the definition of sexual harassment as proscribed by the Title IX regulations; the scope of the College’s education program or activity; how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable. Additionally, the decision-maker(s) must receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant. Investigators must also receive the appropriate training needed to create an investigative report that fairly summarizes relevant evidence.

Further, any individual designated as a Title IX Coordinator/Deputy Coordinator, investigator, decision-maker, or any person facilitating an informal resolution, will not have a conflict of interest or bias for or against a complainant or a respondent. Any materials used to train the Title IX Coordinator/Deputy Coordinators, investigators, decision-makers, and any person facilitating an informal resolution must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.

• Title IX Coordinator Training
  • Coordinator One Training
  • Coordinator Two Training
  • Coordinator Three Training
  • Title IX and Athletics

• Title IX Investigator Training
  • Investigator One
  • Investigator Two
  • Investigator Three
  • Investigator Four

• Title IX Hearing Officer Training
  • Hearing Officer Training Materials

The U.S. Department of Education regulations concerning pregnancy and related conditions provide that a college that is a recipient of federal funding shall not discriminate against any student on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery from these conditions. In the event that the educational institution does not maintain a leave policy for its students (as in the case of MCC), or in the event that a student does not otherwise qualify for an institutional leave under the policy, the institution is required to treat such conditions as justification for a leave of absence for so long a period of time as is deemed medically necessary by the student’s physician.

This information is provided both to inform and remind the College community of the institution’s obligation not to discriminate against students on the basis of pregnancy, childbirth and related conditions.

Mott Community College does not discriminate against persons on the basis of sex in its educational programs and activities. Title IX prohibits discrimination on the basis of sex—including pregnancy and related conditions—in educational programs and activities that are eligible for federal funding.

Under Title IX, it is illegal for schools to exclude a pregnant student from participating in any part of an educational program. Schools may implement special instructional programs, but participation must be completely voluntary on the part of the student.

In addition, a school must excuse a student's absences because of pregnancy or childbirth for as long as the student's doctor deems the absences medically necessary.

Mott Community College must give all students who might be, are, or have been pregnant the same access to school programs and educational opportunities that other students have. Absences due to medical conditions relating to pregnancy must be excused for as long as medically necessary. The student must be given the opportunity to make up missed work, with the goal of having the student graduate on time; if possible, and if desired by the student. These rules supersede any classroom based attendance policy/practices regarding allowable numbers of absences.

A school may offer the student alternatives to making up missed work, such as retaking a semester, taking part in an online course credit recovery program, or allowing the student additional time in a program, or allowing the student additional time in a program to continue at the same pace and finish at a later date, especially after longer periods of leave.

• For medically excused absences, pregnant students should contact their assigned Student Advocate. For assistance and information email: [email protected]

Pregnant students who wish to voice their concern or file a complaint should contact the Title IX Coordinator , (CM1003), , or , for assistance and information.

If you feel that the Grievance Process did not resolve your complaint or if you believe your institution is violating Federal law, you can contact the U.S. Department of Education, Office for Civil Rights, at [email protected] or (800) 421-3481. You can also fill out a complaint form online through the Department of Education www2.ed.gov/about/offices/list/ocr/complaintintro.html.

As an affirmative action/equal opportunity institution, the College encourages diversity and provides equal opportunity in education, employment, all of its programs, and the use of its facilities. The College does not discriminate in educational or employment opportunities or practices on the basis of race, sex, color, religion, gender, gender expression, gender identity, national origin, veteran’s status, age, disability unrelated to an individual’s ability to perform adequately, sexual orientation, or any other characteristic protected by law.

Title IX Coordinator Contact Information: , (CM1003), , or .

Title II, ADA, Coordinator Contact Information: , (CM 1117), , or .

Section 504 Coordinator Contact Information: , (PCC 2280A), , or .

Mott Community College will not discriminate in any of its admissions, educational programs/activities or employment policies or practices on the basis of race, sex, age, color, national origin, religion, height, weight, marital status, physical, mental handicap, sexual orientation, or veteran’s status.

The college is committed to compliance with several laws and regulations. These include Executive Order 11246 (as amended 11375), Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Equal Pay Act, Sections 503 and 504 of the Higher Education Amendments of 1965, Age Discrimination in Employment Act, the Vietnam (VA Veterans) Readjustment Act of 1974, Americans with Disabilities Act, and all other Federal and Michigan Civil Rights Laws.

Inquiries concerning programs and services as they relate to Title IX and Section 504, and the Americans with Disabilities Act should be directed to the Student Success Center, PCC2280. Inquiries regarding compliance in employment should be directed to Human Resources, CM1024.

The reference materials for these guidelines are offered in the pamphlet Supporting the Academic Success of Pregnant and Parenting Students by the Department of Education, Office for Civil Rights, June 2013.

• login required  Pregnant and Parenting Student Request Form
• Requirements Regarding Pregnant and Parenting Students