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 available.

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: , (PCCLL15), , 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

Sexual harassment is defined as conduct on the basis of sex that satisfies one or more of the following:

1. Quid Pro Quo: A College employee conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;

   For example: A faculty member threatens to fail a student unless the student agrees to date him/her.

2. Hostile Environment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; or

   For example: Student A repeatedly makes sexually suggestive comments to Student B.

3. Sexual assault as defined in the Clery Act, or dating violence, domestic violence, or stalking as defined in the Violence Against Women Act. See Definitions for more information on each unwelcomed 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.

Sexual Harassment Conduct Examples

Quid Pro Quo

• 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 that is prohibited by Title IX and is 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 their use of alcohol or other drugs. Anyone can experience sexual violence, but most victims are female. The majority of campus sexual assaults occur when an individual is 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. There is help available to you if you’re the victim of sexual violence – and there’s no reason to be embarrassed, ashamed or to think you won’t be believed. Let a trusted other know so you can get the assistance you need.

When an individual comes forward to report alleged conduct of sexual harassment or sexual violence, they are referred to as the complainant, and the alleged perpetrator is called the respondent.

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.

The College will maintain the following records for seven (7) years:

• Records of each sexual harassment investigation including:
  • Any determination regarding responsibility and any audio or audiovisual recording  or transcript of a hearing, if a hearing is required;
  • Any disciplinary sanctions imposed on the Respondent; and
  • Any remedies provided to the Complainant designed to restore or preserve equal access to the school’s education program or activity;
• Any appeal and the result therefrom;
• Any informal resolution and the result therefrom;
• All materials used to train Title IX Coordinators, Investigators, Decision-Makers, and any person who facilitates an informal resolution process, which will also be available on the  College’s website;
• Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment;
• Documentation of the basis for the school’s conclusion it was not deliberately  indifferent; and
• Documentation of the measures designed to restore or preserve equal access to the  school’s education program or activity.

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

Mott Community College (“MCC” or the “College”) is committed to creating a learning and working environment that is free from unlawful sex discrimination and sex-based harassment. The College’s educational programs and activities include locations, events, and circumstances over which the College exercises substantial control over both the alleged harasser and the context in which the sex discrimination and sex-based harassment occurs, as well as any building owned or controlled by a student organization that is officially recognized by the College. These grievance procedures apply to and prohibit sex discrimination and sex-based harassment, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, quid pro quo harassment, hostile environment harassment, sexual assault, dating violence, domestic violence, and stalking on the basis of sex, as defined herein, that occurs within the educational programs or activities owned or controlled by MCC.

MCC reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect. If government laws or regulations change or court decisions alter the requirements in a way that impacts this document, this document will be construed to comply with the most recent government laws, regulations, or court holdings.

This document does not create legally enforceable protections beyond the protections of the background state and federal laws that frame such policies and codes, generally in effect.

Important Title IX Information

MCC will treat complainants and respondents equitably.

All persons involved with implementing the grievance procedures and any other aspects of the process for investigating sex discrimination and sex-based harassment under Title IX including the Title IX Coordinator, the investigator, the decision-maker, and the appeal decision-maker, and the facilitator of the informal resolution process, shall be free from any conflicts of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

The Title IX Coordinator may serve simultaneously as an investigator and/or a decision-maker.

If the Title IX Coordinator does not intend to serve as the investigator and decision-maker in a specific case, the Title IX Coordinator shall designate one (1) or more individuals who are appropriately trained to serve in the role. Likewise, the Title IX Coordinator shall appoint an appeal decision-maker when an appeal is filed.

In circumstances when the Title IX Coordinator and trained individuals from the College do not have time/capacity to serve, or are prevented due to a conflict of interest, bias, or partiality, or other reasons that impair the Title IX Coordinator and other trained employees from serving as an investigator and/or decision-maker in a specific case, the Title IX Coordinator, with approval from MCC’s Executive Cabinet member who oversees Title IX for the college, shall secure one (1) or more independent third parties to serve as the investigator and/or decision-maker. Similarly, the Title IX Coordinator, with approval from MCC’s Executive Cabinet member who oversees Title IX for the college, has authority to secure an independent third party to serve as the appeal decision-maker.

The College presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

Complaints of sex discrimination and sex-based harassment, other unlawful harassment, or other types of misconduct that do not fall under these procedures may be referred by the Title IX Office to the appropriate College office to be addressed. Such conduct may be prohibited by other MCC policies or procedures, the Student Code of Conduct, and/or state or federal law, and subject to discipline accordingly.

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

The following grievance procedures provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in MCC’s education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX.

A person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the requirements of 34 C.F.R. § 106.44(f)(1)(v).

With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint:

• Any student or employee of MCC; or
• Any person other than a student or employee who was participating or attempting to participate in MCC education program or activity at the time of the alleged sex discrimination.

These grievance procedures shall be used for all complaints of sex discrimination, including sex-based harassment, involving conduct alleged to have occurred on or after August 1, 2024. These grievance procedures also may be used, at the discretion of the Title IX Coordinator, to investigate, address, and remedy (as necessary) conduct alleged to have occurred before August 1, 2024, that does not involve sex-based harassment, but some other form of sex discrimination prohibited by Title IX – e.g., claims of unequal athletic opportunities, admissions discrimination, discrimination in courses or academic programs (i.e., excluding students from certain classes or programs based on their sex), pregnancy discrimination, unequal treatment based on parental, family, or marital status, discrimination in employment (including in hiring, promotion, and compensation), and retaliation. If the Title IX Coordinator elects not to use these grievances procedures to investigate and resolve such claims, the Title IX Coordinator will use the Mott Community College Procedure for Reporting and Investigating Discrimination, Sexual Harassment and Other Unlawful Harassment Claims procedures to determine whether Title IX was violated, and, if it was, how best to end the sex discrimination in MCC’s education program or activity, prevent its recurrence, and remedy its effects.

This grievance resolution process succeeds previous procedures addressing discrimination, harassment, sexual misconduct, and/or retaliation under Title IX, though previous policies and procedures remain in force for incidents occurring before August 1, 2024. The Title IX Coordinator reviews and updates these grievance procedures regularly. MCC reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect. If government laws or regulations change or court decisions alter the requirements in a way that impacts this document, this document will be construed to comply with the most recent government laws, regulations, or court holdings.

This document does not create legally enforceable protections beyond the protections of the background state and federal laws that frame such policies and codes, generally in effect.

Jurisdiction

To fall within the jurisdiction of Title IX, the alleged Title IX prohibited conduct must have taken place within a MCC program or activity. An MCC program or activity includes locations, events, or circumstances over which MCC exercises substantial control over both the Respondent and the context in which the Title IX prohibited conduct occurs, and includes any building owned or controlled by a student organization that is officially recognized by MCC. This policy applies to conduct on campus and off-campus in educational activities, online programs, academic programs, extracurricular programs, athletic programs, training programs, and other programs and activities of MCC. Conduct covered by this policy can take place physically, remotely, online, via social media, or in other forms. This policy covers conduct that is subject to the school’s disciplinary authority. Conduct or behavior that occurs outside of an educational program may be covered if it contributes to a sex-based hostile environment inside of the educational program or activity.

Complainant is a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination. A Complainant may also be a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX and was participating or attempting to participate in the College’s education program or activity at the time of the alleged sex discrimination. 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.

Report A Complaint

MCC encourages all individuals to report incidents of sex discrimination and sex-based harassment and potential violations of these procedures that they are aware of or that they witness. Reports of sex discrimination or sex-based harassment may be made anonymously or by individuals other than the alleged victim. The report should include as much information as possible, including the alleged perpetrator(s), alleged victim(s), a description of what occurred, where the conduct occurred, when the conduct occurred, and the names of any potential witnesses. There is no timeline on making a report, although MCC encourages individuals to make reports as soon as possible. If the Respondent is no longer subject to MCC’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.

Acting on Notice/Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of Policy) is at the Title IX Coordinator’s discretion; they may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

Reports can be made by contacting the Title IX Coordinator using the contact information below, or by completing the form linked here: Report A Concern form

Wanda Brown, Title IX Coordinator 
Prahl College Center PCCLL15 
(810) 762-0024
[email protected]
[email protected] 

Confidentiality

Reports made to the Title IX Office will be kept private to the extent possible. Upon receiving the report, the Title IX Coordinator will contact the Complainant to provide information about his or her rights to file a complaint and access supportive measures, and to obtain additional information if necessary to determine if the allegations fall under these procedures. MCC will not share the identity of any individual who has made a Complaint of discrimination, harassment, or retaliation; any Complainant; any individual who has been reported to be the perpetrator of discrimination, harassment, or retaliation; any Respondent; or any witness, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title IX), Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as required by law; including any investigation, or resolution proceeding arising under these policies and procedures.

False Reporting

Faculty members, staff members or students who knowingly submit a false complaint under these procedures 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.

Employees Mandated to Report

Mandated Reporters are expected to promptly report all known details of actual or suspected sex discrimination, sex-based harassment, and/or retaliation to appropriate officials immediately. Supportive measures may be offered as the result of such disclosures without formal MCC action.

Complainants may want to carefully consider whether they share personally identifiable details with Mandated Reporters, as those details must be shared with the Title IX Coordinator.

If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report alleged crimes and/or Policy violations, and these employees will immediately pass notice to the Title IX Coordinator (and/or police, if desired by the Complainant or required by law), who will act when an incident is reported to them.

The following sections describe MCC’s reporting options for a Complainant or third party (including parents/guardians when appropriate):

• Confidential Employees

  To enable Complainants to access support and resources without filing a Complaint, MCC has designated specific employees as Confidential Resources. Those designated by MCC as Confidential Resources are not required to report actual or suspected sex discrimination, sex-based harassment, or retaliation in a way that identifies the Parties. They will, however, provide the Complainant with the Title IX Coordinator’s contact information and offer options and resources without any obligation to inform an outside agency or MCC official unless the Complainant has requested the information be shared.

  These individuals will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor, elder, or individual with a disability, or when required to disclose by law or court order. If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with the following employees who are designated as a Confidential Employees:

  • On-campus Licensed Professional Counselors.
  • On-campus Clergy/chaplains working within the scope of their licensure or ordination.
  • On-campus Medical Professionals.

Reporting to Law Enforcement

MCC strongly encourages all members of its community to report possible criminal conduct to MCC’s Department of Public Safety or appropriate local law enforcement. However, it is the Complainant’s choice whether to make such a report, and a Complainant has the right to decline involvement with the police/public safety.

MCC’s Department of Public Safety will refer any reports of domestic violence, dating violence, sexual assault, and stalking related to sex to the Title IX Office for review, regardless of the individual’s desire to pursue criminal charges. The Title IX Coordinator will reach out to the individual to determine if he or she could benefit from supportive measures and to explain the individual’s right to file a complaint under Title IX. The Title IX Coordinator has the discretion to proceed with an investigation even if the individual does not file a complaint.

If he or she receives notice of allegations involving sexual assault, dating violence, domestic violence, or stalking within the area regulated by the Clery Act, the Title IX Coordinator will notify the Clery Coordinator so they may be reported as legally required.

MCC must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the college community.

MCC will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions considering the potential danger.

Under ordinary circumstances, the College expects to complete the major stages of the grievance procedures within the timeframe specified below:

Outreach & Initial Assessment

The Title IX Coordinator will determine whether to dismiss a complaint or investigate it within ten (10) days of receiving the complaint.

Upon receipt of notice, a complaint or knowledge of an alleged policy violation, the Title IX Coordinator will conduct an initial assessment, which may include contacting the Complainant and scheduling an intake interview. For allegations involving employees, the Title IX Coordinator may contact and consult with the Office of Human Resources during the initial assessment.

If the Title IX Coordinator determines during the initial assessment that the conduct at issue may constitute sex discrimination or sex-based harassment, as defined in these grievance procedures, that occurred in the College’s educational programs or activities, then the Title IX Coordinator will also contact the alleged victim(s) of discrimination, harassment or retaliation to discuss:

• The availability of supportive measures, the Complainant’s wishes with respect to supportive measures, and the availability of supportive measures with or without the filing of a complaint;
• The Title IX Grievance Process and the available options regarding resolution of a complaint and how they want to proceed.
• The Complainant’s right to contact or decline to contact law enforcement if the conduct is criminal in nature, and if requested, assist the Complainant with notifying law enforcement.

If the Title IX Coordinator determines during the initial assessment that the conduct at issue does not violate policy as defined under these procedures or Title IX, did not occur in the College’s educational programs or activities then the Title IX Coordinator may take one or more of the following steps, as appropriate:

1. Refer the student, employee, or other individual to the appropriate policy, complaint procedure, or College office for addressing the conduct at issue;
2. Notify the Office of Human Resources, Student Success Services, Department of Public Safety, or another appropriate office or individual so that appropriate action can be taken;
3. Provide the student with applicable information and resources.

Supportive Measures

Mott Community College (MCC) will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged discrimination, harassment, and/or retaliation. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. They are offered, without fee or charge to the parties, to restore or preserve access to MCC’s education program or activity, including measures designed to protect the safety of all parties and/or MCC’s educational environment and/or to deter discrimination, harassment, and/or retaliation.

The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice/knowledge or a complaint. At the time that supportive measures are offered, if a complaint has not been filed, the Title IX Coordinator will inform the Complainant, in writing, that they may file a complaint either at that time or in the future. The Title IX Coordinator will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures. MCC will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair MCC’s ability to provide those supportive measures.

MCC will act to ensure as minimal an academic/occupational impact on the parties as possible. MCC will implement measures in a way that does not unreasonably burden any party. These actions may include, but are not limited to:

• Referral to counseling, medical, and/or other healthcare services
• Referral to the Employee Assistance Program
• Referral to community-based service providers
• Visa and immigration assistance
• Student financial aid counseling
• Education to the institutional community or community subgroup(s)
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Implementing contact limitations (no contact orders) between the parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders
• Timely warnings
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of the campus
• Any other actions deemed appropriate by the Title IX Coordinator

Violations of no contact orders or other restrictions may be referred to appropriate student or employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing complaint.

The parties are provided with a timely opportunity to seek modification or reversal of the college’s decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the Title IX Coordinator. An impartial employee other than the employee who implemented the supportive measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the definition of supportive measures in § 106.2 of the federal Title IX Regulations. MCC will also provide the parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances change materially. MCC typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies).

1. Emergency Removal of Students:
   MCC may remove a student Respondent from an education program or activity on an emergency basis if there is an immediate threat to the physical safety of any students or other individuals arising from the allegations of sexual harassment. Such removal may only be pursuant to an individualized safety and risk analysis. In addition, the student Respondent must be notified and provided an opportunity to appeal the decision to the Title IX Coordinator following removal. The decision of the Title IX Coordinator will be final.
2. Administrative Leave:
   MCC may place a Respondent who is a non-student employee on administrative leave during the pendency of the grievance process.

Title IX Coordinator Authority to Initiate a Complaint

If the Complainant decides not to file a complaint of sex discrimination or sex-based harassment, the Title IX Coordinator will determine if the Title IX Coordinator will initiate the grievance investigation process.

If the Complainant does not wish to file a Complaint, the Title IX Coordinator, who has ultimate discretion as to whether a Complaint is initiated, will offer supportive measures and determine whether to initiate a Complaint themselves. To make this determination, the Title IX Coordinator will evaluate that request to determine if there is a serious and imminent threat to someone's safety or if MCC cannot ensure equal access without initiating a Complaint. The Title IX Coordinator will consider the following non-exhaustive factors to determine whether to file a Complaint:

• The Complainant’s request not to initiate a Complaint.
• The Complainant’s reasonable safety concerns regarding initiating a Complaint.
• The risk that additional acts of discrimination would occur if a Complaint is not initiated.
• The severity of the alleged discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence.
• The age and relationship of the Parties, including whether the Respondent is a College employee;
• The scope of the alleged discrimination, including information suggesting a pattern, ongoing discrimination, or discrimination alleged to have impacted multiple individuals;
• The availability of evidence to assist a Decision-maker in determining whether discrimination occurred;
• Whether the College could end the alleged discrimination and prevent its recurrence without initiating its resolution process.

If deemed necessary, the Title IX Coordinator may consult with appropriate College employees, and/or conduct a violence risk assessment^[1] to aid their determination whether to initiate a Complaint.

When the Title IX Coordinator initiates a Complaint, they do not become the Complainant. The Complainant is the person who experienced the alleged conduct that could constitute a violation of this procedure.

Notice of Allegations

Upon initiation of the grievance procedures, the Title IX Coordinator shall provide written notification to the parties of the following:

1. the Title IX grievance procedures;
2. the informal resolution process;
3. sufficient information available at the time to allow the parties to respond to the allegations, including:
   1. the identities of the parties involved in the incident(s)
   2. the conduct alleged to constitute sex discrimination
   3. the date(s) and location(s) of the alleged incident(s)
4. retaliation is prohibited;
5. the respondent is presumed not responsible until determination is made at the conclusion of the grievance procedures;
6. any party may have an advisor of their choice, who may accompany them through all steps of the Resolution Process
7. the Title IX grievance procedure prohibits knowingly making false statements, including knowingly submitting false information during the Resolution Process; and
8. the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence or an investigative report that accurately summarizes the evidence (an investigation report is applicable only for complaints involving a party who is also a student). If the Title IX Coordinator, or designated investigator, provides the parties with a description of the evidence, any party may request access to the relevant and not otherwise impermissible evidence. The Title IX Coordinator will provide the requesting party with the relevant and not otherwise impermissible evidence in a timely manner.

Should the Title IX Coordinator decide, at any point, to investigate allegations that are materially beyond the scope of the initial written notice, the Title IX Coordinator will provide a supplemental written notice describing the additional allegations to be investigated.

Informal Resolution Process:

In lieu of resolving a complaint through the Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. MCC will not offer informal resolution to resolve a complaint that includes allegations that an employee engaged in sex-based harassment of a student, or when such a process would conflict with Federal, State, or local law.

The goal of the informal resolution process is to resolve concerns at the earliest stage possible, with the cooperation of all parties involved. The informal resolution process may include an inquiry into the facts but does not include a formal investigation. Means for resolution are flexible and encompass a full range of possible appropriate outcomes, including voluntary agreements through mediation in accordance with college policies and procedures. Informal 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 ensure that the resolution has been implemented effectively. Steps taken to encourage resolution and agreements reached through informal resolution efforts will be documented. The amount of time needed to complete the informal resolution process will vary based on the allegations, type of resolution sought, and method of resolution. However, the College will aim to complete the informal resolution process within 30 business days.

To engage in the informal resolution process, a complaint of sex-based harassment must be filed and both parties must provide voluntary, written consent. The informal resolution process can be facilitated at any time before a determination regarding responsibility is reached. This process does not involve a full investigation and adjudication.

Prior to engaging in the informal resolution process, the College will provide both parties with written notice of the following:

1. The allegations;
2. The requirements of the informal resolution process, which includes preclusion of resuming formal investigation from the same allegations once a resolution is reached;
3. The right of any party to withdraw from the informal resolution process and the resume the grievance process at any time prior to agreeing to a resolution; and
4. The consequences of participating in the informal resolution process, including the records of the informal resolution process that will be maintained or could be shared.

If no resolution can be reached that is acceptable to all parties and to the College, the Title IX Coordinator and/or Investigator may, if appropriate, initiate an investigation.

Investigation

The Title IX Coordinator, or designated investigator, will seek to complete the investigation (i.e., collect relevant evidence that is not otherwise impermissible) within sixty (60) days. If the investigation cannot be completed within that time, the Title IX Coordinator will inform the reporting party/parties and the Respondent via written notice. Once the Title IX Coordinator, or designated investigator, provides the parties with “access” to either the relevant and not otherwise impermissible evidence and/or an accurate description of the evidence, the parties will have five (5) days to respond to the evidence or the description of the evidence unless the Title IX Coordinator approves a party’s written request for more time. If the Title IX Coordinator approves such a request, both parties will be afforded an equal amount of time to submit their response.

The Title IX Coordinator may approve reasonable extensions of the preceding timeframes on a case-by-case basis for good cause with notice to the parties. Good cause may include the absence of a party, party’s advisor, or witness; concurrent law enforcement activity, or the need for language assistance or accommodation of disabilities.

MCC will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties shall not engage in retaliation, including against witnesses.

The Title IX Coordinator, or designated decision-maker, shall objectively evaluate all evidence that is relevant and not otherwise impermissible — including both inculpatory and exculpatory evidence. Credibility determinations shall not be based on a person’s status as a complainant, respondent, or witness.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by MCC to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

1. evidence that is protected under a privilege recognized by Federal or State law (or evidence provided to a confidential employee), unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
2. a party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless MCC obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
3. evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent shall not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude a determination that sex-based harassment occurred.

MCC will provide for an adequate, reliable, and impartial investigation of complaints.

The burden is on MCC — not on the parties — to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

MCC will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with at least three (3) business days’ notice before the scheduled meeting to provide sufficient time for the party to prepare to participate.

The Title IX Coordinator, or the designated investigator and/or decision-maker, will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

The Title IX Coordinator, or the designated investigator and/or decision-maker, will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

MCC will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:

1. MCC will provide the parties with an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence;
   If the Title IX Coordinator, or designated investigator, provides a description of the evidence, the Title IX Coordinator, or designated investigator, will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.
   If a student is a party to the complaint, MCC may either provide access to the relevant and not otherwise impermissible evidence, or an investigation report that includes an accurate description of the evidence.
   
2. MCC will provide a reasonable opportunity to the parties to respond to the evidence or the accurate description of the evidence; and
3. MCC will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

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.

Adding Allegations and/or Consolidating Complaints

If, in the course of an investigation, MCC decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the original Notice of Allegations provided or that are included in a complaint that is consolidated, the Title IX Coordinator will notify the parties of the additional allegations.

Advisors

Upon request, the Complainant and the Respondent may each have an advisor of his or her choice present when he or she is interviewed and during any other meeting or proceeding they are expected to attend as long as the Advisor is eligible and available. A Complainant or Respondent who is in a union may have a union representative as his or her advisor, or present as a support person at the hearing. The College may establish restrictions on an advisor’s participation in the grievance process; such restrictions will be applied equally to both parties.

The Title IX Coordinator will offer to assign a trained Advisor to any party if the party chooses. If the parties choose an Advisor from the pool available from MCC, MCC will have trained the Advisor and familiarize them with MCC’s Grievance Resolution Process.

MCC cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not, or cannot afford an attorney, MCC is not obligated to provide an attorney to advise that party.

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the Title IX Coordinator with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.

MCC may permit Parties to have one Advisor, or an Advisor and a support person, upon special request to the Title IX Coordinator. The decision to grant this request is at the Title IX Coordinator’s sole discretion and will be granted equitably to all parties.

Advisors appointed by the institution cannot be Confidential Employees, and although they will not be asked to disclose details of their interactions with their advisee to institutional officials or Decision-makers absent an emergency, they are still reminded of their Mandated Reporter responsibilities.

1. Advisor’s Role in the Resolution Process
   

   Advisors should help the Parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so.

   The Parties are expected to ask and respond to questions on their own behalf throughout the Resolution Process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any Resolution Process meeting or interview. For longer or more involved discussions, the Parties and their Advisors should ask for breaks to allow for private consultation.

2. Records Shared with Advisors
   

   Advisors are entitled to the same opportunity as their advisee to access relevant evidence, and/or the same written investigation report that accurately summarizes this evidence.

   Advisors are expected to maintain the confidentiality of the records the institution shares with them, per the policy addressing Confidentiality. Advisors may not disclose any MCC work product or evidence the institution obtained solely through the Resolution Process for any purpose not explicitly authorized by MCC.

   Accordingly, Advisors will be asked to sign Non-Disclosure Agreements (NDAs). MCC may decline to share materials with any Advisor who has not executed the NDA. MCC may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the institution’s confidentiality expectations.

3. Advisor Expectations
   

   MCC generally expects an Advisor to adjust their schedule to allow them to attend meetings/interviews when planned, but the institution may change scheduled meetings/interviews to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

   MCC may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting/interview by telephone, video conferencing, or other similar technologies.

   All Advisors are subject to the same MCC policies and procedures, whether they are attorneys or not, and whether they are selected by a party or appointed by the institution. Advisors are expected to advise without disrupting proceedings.

4. Advisor Procedures Violations
   

   Any Advisor who oversteps their role as defined by the procedures, who shares information or evidence in a manner inconsistent with the Procedures, or who refuses to comply with the MCC’s established rules of decorum will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview may be ended, or other appropriate measures implemented, including the MCC requiring the party to use a different Advisor or providing a different MCC-appointed Advisor. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

5. Unauthorized Disclosure of Information
   

   Parties and Advisors are prohibited from disclosing information obtained by MCC through the Grievance Resolution Process, to the extent that information is the work product of MCC (meaning it has been produced, compiled, or written by MCC for purposes of its investigation and resolution of a Complaint), without authorization. It is also a violation of MCC’s grievance resolution process to publicly disclose institutional work product that contains a party or witness’s personally identifiable information without authorization or consent. Violation of this policy is subject to significant sanctions.

Questioning the Parties and Witnesses

If the investigator and decision-maker are two (2) separate individuals, the decision-maker will have an opportunity to question the parties and witnesses in individual meetings to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one (1) or more allegations of sex discrimination. The college will adhere to all due process requirements under federal and state law. This includes the Decision Maker determining when a live hearing may be necessary for sex-based harassment investigations where credibility may be in question.

If the investigator and the decision-maker are the same person, the decision-maker will have an opportunity to question the parties and witnesses in individual meetings as part of the investigation.

For both sex discrimination and sex-based harassment cases, before concluding the Investigation, the decision-maker may also allow each party to propose/submit in writing relevant questions that the party wants asked of any party or witness and the investigator will review any questions submitted by the parties and ask those questions of the specific party or witness that the investigator determines – in the investigator’s sole discretion – may lead to probative evidence that will assist the decision-maker in determining whether sex discrimination occurred. The investigator’s decision to ask or not ask a specific question proposed by a party is not subject to review. Any questions asked must be relevant and not otherwise impermissible.

After the parties have an opportunity to review the relevant and not otherwise impermissible evidence, or an accurate description of this evidence, the decision-maker will allow each party to propose/submit in writing relevant questions that the party wants asked of any party or witness and the decision-maker will review any relevant and not otherwise impermissible questions submitted by the parties and ask those questions of the specific party or witness that the decision-maker determines – in the decisionmaker’s sole discretion – may lead to probative evidence that will assist the decision-maker in determining whether sex discrimination occurred. The decision-maker’s decision to ask or not ask a specific question proposed by a party is not subject to review. Any questions asked must be relevant and not otherwise impermissible.

All party questions must be posed during this phase of the process and cannot be posed later unless authorized by the decision-maker. The decision-maker will hold individual meetings with the Parties and witnesses to ask the questions that have been deemed relevant and not duplicative, including questions to assess credibility.

In sex-based harassment investigation matters involving a student, the meetings will be recorded or transcribed and provided to the parties for their review. Once received, the parties will then have five (5) business days to review these recordings or transcripts and propose any follow-up questions. The parties will have up to 2 (two) opportunities to propose/submit in writing relevant questions during this phase of the investigation.

The decision-maker will review the proposed follow-up questions to determine relevance and permissibility. The decision-maker will provide a rationale to a party for any decision to exclude a question as not relevant or impermissible.

Investigative Report

Before concluding the Investigation, the Investigator may also allow each party to propose and submit in writing questions that the party wants asked of any party or witness and the Investigator will review any questions submitted by the parties and ask those questions of the specific party or witness that the investigator determines – in the investigator’s sole discretion – may lead to probative evidence that will assist the decision-maker in determining whether sex discrimination occurred. The investigator’s decision to ask or not ask a specific question proposed by a party is not subject to review. Any questions asked must be relevant and not otherwise impermissible.

All party questions must be posed during this phase of the process and cannot be posed later unless authorized by the decision-maker. At the conclusion of the investigation, the Title IX Investigator shall prepare an investigative report that fairly summarizes the evidence. Generally, an investigation report should include a statement of the allegations and issues; the positions of the parties; a description of the investigation conducted, and a summary of the evidence.

Before completing the investigative report, the Title IX Coordinator or Investigator will send to each party and the party’s advisor, if any, the evidence (in an electronic format or hardcopy) obtained as part of the investigation that is directly related to the allegations raised in the formal complaint. The parties and their advisors will be provided a hard or electronic copy of the draft investigative report and given ten (10) school days to provide a response. The Investigator will consider any responses received before finalizing the investigative report.

The Title IX Coordinator or their designee will then provide the parties and the Decision-maker with 1) the final investigation report; 2) notice that the matter is referred to the Decision-maker, who may serve as the hearing officer for the hearing; and 3) reasonable electronic access to the evidence in a format that restricts the parties from downloading or copying the evidence. Such evidence will also be available at the hearing to give each party equal opportunity to refer to the evidence as needed, including for the purpose of questioning.

Hearing Resolution Process

The college will adhere to all due process requirements under federal and state law. This includes the decision-maker determining when a live hearing may be necessary. A live hearing is required to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination and material to the outcome.

A live hearing will involve live questioning in front of the decision-maker or hearing facilitator which may be facilitated through modern technology such as by allowing a witness to appear via Zoom. The hearing facilitator will facilitate questioning of the Parties and witnesses first by the Decision-maker and them by the parties through their Advisors.

After receiving the final investigative report, the parties will be provided with a notice of hearing, will include the date of the hearing, the identity of the Decision-maker or designated hearing facilitator (who will serve as the hearing officer), and any deadlines for submitting the names of witnesses or evidence. The Decision-maker and hearing facilitator will be appointed by the Title IX Coordinator. At the discretion of the Title IX Coordinator, he or she may convene a prehearing meeting with the parties’ advisors to discuss the hearing procedures, identification of witnesses and evidence, proposed questions to be asked of either party, and/or other relevant topics. The hearing will occur no sooner than 10 days after the parties receive the final investigative report.

Hearing Format: The decision-maker/hearing facilitator has broad discretion to determine the hearing format. The decision-maker/hearing facilitator 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 decision-maker/hearing facilitator has the discretion of whether to continue the hearing.

At either party’s request, MCC must provide for the live hearing to occur with each party participating in different locations but with technology enabling the decision-maker and parties to simultaneously see and hear the party or the witness answering questions. The hearing begins when the decision-maker calls the hearing to order. The decision-maker will call for the reporting party. The Respondent’s advisor then has the opportunity to question the reporting party. The decision-maker may ask questions of the reporting party. Testimony and Witness

Questioning: 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 relevant questions and follow-up questions, including those challenging credibility. Questioning 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. A party may not personally conduct questioning of the opposing party. The hearing is not intended to be a repeat of the investigation.

All questions must be directed toward and asked through the hearing facilitator and are subject to a relevance determination before they are asked. The parties and their advisors will be notified of the opportunity to submit written, relevant questions that the party wants asked of any party or witness. The decision-maker must explain to the party proposing the questions any decision to exclude a question as not relevant. The hearing facilitator will limit or disallow questions they deem not appropriate (i.e., irrelevant, unduly repetitious, seek or pertain to impermissible evidence, or are abusive ). The hearing facilitator has final say on all questions and determinations of relevance and appropriateness.

If a party or witness does not submit to questioning at the live hearing, the decision-maker must not draw a negative inference from a party’s or witness’s absence or refusal to submit to questioning. The decision-maker can only rely on the available relevant and not impermissible evidence in making the ultimate determination of responsibility. The Decision-maker may also ask questions of either party and any witnesses. The Decision-maker may decline to hear from a witness where he or she concludes that the information is not necessary to make a determination regarding responsibility. Relevant Evidence: 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.

Record of Hearing: The hearing and any prehearing conference are closed to the public. The Complainant and Respondent may each 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 Decision-maker. No individual, other than the Decision-maker, may make an audio or video recording of the hearing unless given prior approval by the Decision-maker. The Title IX Coordinator or other administrators relevant to the case may attend the hearing. An audio or audiovisual recording or transcript of the live hearing will be made available to the parties for review upon request.

Dismissal of a Complaint

The Title IX Coordinator may dismiss a complaint of sex discrimination if:

1. MCC is unable to identify the respondent after taking reasonable steps to do so;
2. the respondent is not participating in MCC’s education program or activity and is not employed by MCC;
3. the complainant voluntarily withdraws any or all the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and MCC determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
4. MCC determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, the Title IX Coordinator will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, the Title IX Coordinator will promptly notify, in writing, the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then the Title IX Coordinator will also simultaneously notify, in writing, the respondent of the dismissal and the basis for the dismissal.

The Title IX Coordinator will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of the allegations, then the Title IX Coordinator will also notify the respondent that the dismissal may be appealed. Grounds for appeal are limited to:

1. A procedural error or omission occurred that affected the outcome of the matter;
2. To consider new evidence, unknown or was not reasonably available when the determination regarding responsibility or dismissal was made, that could impact the outcome of the matter;
3. The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; and/or

The Complainant or the Respondent shall have three (3) business days from receipt of the determination regarding responsibility or written notice of dismissal, as applicable, to file an appeal with the Title IX Coordinator. The appeal shall state in writing the grounds for appeal. Failure to file an appeal will render the decision final and conclusive. Upon receipt of an appeal, the Title IX Coordinator shall notify the other party in writing that an appeal has been filed. The other party will then have ten (10) calendar days to respond to the appeal in writing.

A Title IX Appeals Officer will review the appeal and issue a written decision to both parties simultaneously within fifteen (15) calendar days of receiving the appeal documents. The Title IX Appeals Officer will be a different individual from the Decision-Maker, Investigator, or Title IX Coordinator, and must be free of any conflict of interest or bias. The decision on appeal shall be final.

If it is found that concerns stated by the contesting party raise substantial doubt about the thoroughness, fairness, and/or impartiality of the investigation, the Appeals Officer will remand the matter to the Title IX Coordinator with instructions for further investigation or other action.

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

When a complaint is dismissed, the Title IX Coordinator will, at a minimum:

1. offer supportive measures to the complainant as appropriate;
2. if the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
3. take other prompt and effective steps, as appropriate, to ensure that sex discrimination does not continue or recur within MCC’s education program or activity.

Determination

After the parties either submit responses to the evidence/description of the evidence, or the deadline for submitting such responses expires, the Title IX Coordinator, or designated decision-maker, will consider the relevant and otherwise not impermissible evidence and issue a determination as to whether sex discrimination or sex-based harassment occurred. The determination shall be issued within fifteen (15) business days of the deadline for the parties to submit responses to the evidence/description of the evidence unless the Title IX Coordinator approves an extension of time, which must be communicated in writing to the parties.

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the Title IX Coordinator or designated decision-maker will:

1. Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. This standard of proof requires the decision-maker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decision-maker, applying the applicable standard, is not persuaded by the relevant and not otherwise impermissible evidence that sex discrimination occurred, regardless of the quantity of the evidence, the decisionmaker will not determine that sex discrimination occurred.
2. Notify the parties, in writing, of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal.
3. Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.
4. If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
   1. coordinate the provision and implementation of remedies to a complainant and other people MCC identifies as having had equal access to MCC’s education program or activity limited or denied by sex discrimination;
   2. coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
   3. take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within MCC’s education program or activity.
5. Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
6. Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination of whether sex discrimination occurred.

Appeals

A party filing an appeal of the Title IX Coordinator’s decision to dismiss a complaint or the Determination, must do so within _3_ days of receiving the Dismissal or Determination. Appeals are limited to the reasons discussed below:

The grounds for appeal are limited to:

1. A procedural error or omission occurred that affected the outcome of the matter;
2. To consider new evidence, unknown or unavailable when the determination regarding responsibility or dismissal was made, that could impact the outcome of the matter;
3. The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; and/or
4. The recommended corrective actions are substantially disproportionate to the severity of the violation.

The appeal shall state in writing the grounds for appeal. Failure to file an appeal will render the decision final and conclusive. Upon receipt of an appeal, the Title IX Coordinator shall notify the other party in writing that an appeal has been filed. The other party will then have ten (10) calendar days to respond to the appeal in writing.

A Title IX appeals decision maker will review the appeal and issue a written decision to both parties simultaneously within fifteen (15) calendar days of receiving the appeal documents. The Title IX appeals decision maker will be a different individual from the Decision-Maker, Investigator, or Title IX Coordinator, and must be free of any conflict of interest or bias. The decision on appeal shall be final.

Appeals shall be decided upon the record of the original investigation and upon written summaries submitted by the parties, except as provided below. 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, the appeals decision maker will remand the matter to the Title IX Coordinator with instructions for further investigation or other action.

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

Sanctions and Remedies

The determination regarding responsibility may impose or recommend disciplinary action for the Respondent if the Decision-Maker concludes, by a preponderance of the evidence, that the Respondent has engaged in sexual discrimination or harassment in violation of Title IX. The applicable Associate Vice President will make final disciplinary decisions and implement discipline.

Factors considered by the Decision-maker when determining sanctions and responsive actions may include, but are not limited to:

• The nature, severity of, and circumstances surrounding the violation(s)
• The Respondent’s disciplinary history
• The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
• The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
• The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
• The impact on the Parties
• Any other information deemed relevant by the Decision-maker(s)

The sanctions will be implemented as soon as it is feasible once a determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.

The sanctions described in this procedure are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.

1. Student Sanctions
   

   The following are the common sanctions that may be imposed upon students singly or in combination:

   • Reprimand: A formal statement that the conduct was unacceptable and a warning that further violation of any MCC policy, procedure, or directive will result in more severe sanctions/responsive actions.
   • Required Counseling: A mandate to meet with and engage in either MCC-sponsored or external counseling to better comprehend the misconduct and its effects.
   • Restrictions: A student may be restricted in their activities, including, but not limited to, being restricted from locations, programs, participation in certain activities or extracurriculars, study abroad, or from holding leadership in student organizations.
   • Probation: An official sanction for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.
   • Suspension: Separation from the institution, or one or more of its facilities, for a definite period of time, typically not to exceed two years, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension, on successfully applying for readmission, or upon a general condition that the student is eligible to return if the institution determines it is appropriate to re-enroll/readmit the student. The student is typically required to vacate institutional property within 24 hours of notification of the action, though this deadline may be extended at the discretion of the Title IX Coordinator or other appropriate official. During an institution-wide suspension, the student is banned from institutional property, functions, events, and activities unless they receive prior written approval from an appropriate institutional official. This sanction may be enforced with a trespass action, as necessary.
   • Expulsion: Permanent separation from the institution. The student is banned from institutional property, and the student’s presence at any institution- sponsored activity or event is prohibited. This action may be enforced with a trespass action, as necessary.
   • Withholding Diploma: MCC may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities as a sanction if the student is found responsible for violating MCC policy.
   • Revocation of Degree: While very rarely employed, MCC reserves the right to revoke a degree previously awarded from MCC for fraud, misrepresentation, and/or other violation of MCC policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
   • Other Actions: In addition to, or in place of, the above sanctions, MCC may assign any other sanctions as deemed appropriate.
2. Employee Sanctions/Responsive/Corrective Actions
   

   Responsive actions for an employee who has engaged in harassment, discrimination, and/or retaliation include:

   • Verbal or Written Warning
   • Performance Improvement Plan/Management Process
   • Enhanced Supervision, Observation, or Review
   • Required Counseling
   • Required Training or Education
   • Probation
   • Denial of Pay Increase/Pay Grade
   • Loss of Oversight or Supervisory Responsibility
   • Demotion
   • Transfer
   • Shift or schedule adjustments
   • Reassignment
   • Delay of (or referral for delay of) Tenure Track Progress
   • Assignment to New Supervisor
   • Restriction of Stipends, Research, and/or Professional Development Resources
   • Suspension/Administrative Leave with Pay
   • Suspension/Administrative Leave without Pay
   • Termination
   • Other Actions: In addition to or in place of the above sanctions/responsive actions, MCC may assign any other responsive actions as deemed appropriate.

Remedies

The determination regarding responsibility may include remedies, such as:

• 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.

Remedies will be implemented by the Title IX Coordinator.

Mott Community College (“MCC” or the “College”) is committed to creating a learning and working environment that is free from unlawful sexual harassment. Further, MCC has an obligation under Title IX of the Education Amendments of 1972 to promptly respond when it has  actual knowledge of conduct that could constitute sexual harassment in its educational programs  or activities against a person in the United States.

These grievance procedures apply to Complainants who are participating in or attempting to participate in a MCC education program or activity. This generally includes all individuals who have an institutional relationship with Mott Community College (faculty, staff, students, visitors,  etc.). The College’s educational programs and activities include locations, events, and circumstances over which the College exercises substantial control over both the alleged harasser  and the context in which the sexual harassment occurs, as well as any building owned or controlled  by a student organization that is officially recognized by the College. These grievance procedures  apply to and prohibit sexual harassment, including sexual assault, dating violence, domestic  violence, and stalking on the basis of sex, as defined herein, that occurs within the College’s  educational programs or activities within the United States.

Complaints of sexual harassment, other unlawful harassment, or other types of misconduct that do  not fall under these procedures may be referred by the Title IX Office to the appropriate College  office to be addressed. Such conduct may be prohibited by other MCC policies or procedures, the  Student Code of Conduct, and/or state or federal law, and subject to discipline accordingly.

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

1. REPORTING A COMPLAINT

   MCC encourages all individuals to report incidents of sexual harassment and potential violations  of these procedures that they are aware of or that they witness. Reports of sexual harassment may  be made anonymously or by individuals other than the victim. The report should include as much  information as possible, including the alleged perpetrator(s), alleged victim(s), a description of  what occurred, where the conduct occurred, when the conduct occurred, and the names of any  potential witnesses. There is no timeline on making a report, although MCC encourages  individuals to make reports as soon as possible.

   Reports can be made by contacting the Title IX Coordinator using the contact information below,  or by completing the form linked here: Report A Concern form

   Wanda Brown, Title IX Coordinator 
   Prahl College Center PCCLL15 
   (810) 762-0024
   [email protected]
   [email protected] 

   Reports made to the Title IX Office will be kept private to the extent possible. Upon receiving the report, the Title IX Coordinator will contact the Complainant to provide information about his or  her rights to file a formal complaint and access supportive measures, and to obtain additional  information if necessary to determine if the allegations fall under these procedures. 

    

   1. Employees’ Reporting Obligations

        All College employees are required to report incidents of sexual harassment in the educational environment that the employees observe or are given notice of by a student or other individual. Such reports should be made to the Title IX Coordinator in the manner discussed above. 

   2. Reporting to Law Enforcement 

      MCC strongly encourages all members of its community to report possible criminal conduct to MCC’s Department of Public Safety or appropriate local law enforcement. However, it is the Complainant’s choice whether to make such a report, and a Complainant has the right to decline involvement with the police/public safety.

      MCC’s Department of Public Safety will refer any reports of domestic violence, dating violence, sexual assault, and stalking related to sex to the Title IX Office for review, regardless of the individual’s desire to pursue criminal charges. The Title IX Coordinator will reach out to the individual to determine if he or she could benefit from supportive measures and to explain the individual’s right to file a formal complaint under Title IX. The Title IX Coordinator has the discretion to proceed with an investigation even if the individual does not file a formal complaint.

      If he or she receives notice of allegations involving sexual assault, dating violence, domestic violence, or stalking within the area regulated by the Clery Act, the Title IX Coordinator will notify  the Clery Coordinator so they may be reported as legally required.

2. OUTREACH AND INITIAL ASSESSMENT

   When the College receives a report of sexual harassment or has actual knowledge of conduct that  may constitute sexual harassment, the Title IX Coordinator will conduct an initial assessment,  which may include contacting the Complainant and scheduling an intake interview. For allegations  involving employees, the Title IX Coordinator may contact and consult with the Office of Human  Resources during the initial assessment.

   If the Title IX Coordinator determines during the initial assessment that the conduct at issue may  constitute sexual harassment, as defined in these grievance procedures, that occurred in the College’s educational programs or activities, then the Title IX Coordinator will also contact the alleged victim(s) of sexual harassment to discuss:

   • The availability of supportive measures, the Complainant’s wishes with respect to  supportive measures, and the availability of supportive measures with or without the filing  of a formal complaint;
   • The Title IX Grievance Process and the Complainant’s right to file a formal complaint of sexual harassment;
     • Resources available both on and off campus;
     • The College’s prohibition against retaliation; and
   • The Complainant’s right to contact or decline to contact law enforcement if the conduct is criminal in nature, and if requested, assist the Complainant with notifying law enforcement.

   If the Title IX Coordinator determines during the initial assessment that the conduct at issue does  not constitute sexual harassment as defined under these procedures or Title IX, did not occur in  the College’s educational programs or activities, or did not occur within the United States, then  the Title IX Coordinator may take one or more of the following steps, as appropriate:

   1. Refer the student, employee, or other individual to the appropriate policy, complaint procedure, or College office for addressing the conduct at issue;
   2. Notify the Office of Human Resources, Student Success Services, Department of Public Safety, or another appropriate office or individual so that appropriate action can be taken;
   3. Provide the student with applicable information and resources.

   If the Complainant decides not to file a formal complaint of sexual harassment, the Title IX  Coordinator will determine if the Title IX Coordinator will initiate the formal complaint process,  given the College’s obligation to ensure it is not deliberately indifferent to sexual harassment that  occurs in its education programs and activities against a person in the United States.

   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.

3. SUPPORTIVE MEASURES ASSESSMENT

   With respect to supportive measures, MCC will treat Complainants and Respondents equitably by  offering both parties supportive measures. Supportive measures are non-punitive, non-disciplinary  individualized services provided without fee or charge to Complainant or Respondent to restore or  preserve equal access to MCC’s educational programs or activities without burdening the other  party. These measures are designed to protect the safety of all parties and deter sexual harassment.

   Supportive measures may include counseling, extensions of deadlines or course-related adjustments, modifications of class schedules, campus escort services, mutual restrictions on  contact between the parties, leaves of absence, and other similar measures. Supportive measures will remain confidential to the extent possible. Failure to comply with the terms of supportive protections may be considered a separate grounds for disciplinary action.

   1. Emergency Removal of Students:
      

      MCC may remove a student Respondent from an education program or activity on an emergency  basis if there is an immediate threat to the physical safety of any students or other individuals  arising from the allegations of sexual harassment. Such removal may only be pursuant to an  individualized safety and risk analysis. In addition, the student Respondent must be notified and  provided an opportunity to appeal the decision to the Title IX Coordinator following removal. The  decision of the Title IX Coordinator will be final.

   2. Administrative Leave
      MCC may place a Respondent who is a non-student employee on administrative leave during the  pendency of the grievance process.

4. MANNER OF RESOLUTION

   FORMAL COMPLAINT

   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 the College investigate the  allegation(s) of sexual harassment. When submitting a report of sexual harassment puts the Title IX Coordinator on notice of potential sexual harassment, filing a formal complaint constitutes a request that the College address the alleged sexual harassment under either the informal resolution process or investigation and hearing process set forth below.

   A formal complaint must include the following:

   1. The identity of the Respondent, if known;
   2. An allegation of conduct prohibited under these procedures;
   3. A description of the incident, including where it occurred, when it occurred, and what happened, to the extent known;
   4. A request for an investigation; and
   5. The Complainant’s digital or physical signature, or some indication that the Complainant  is the person filing the formal complaint.

   A formal complaint may not be filed anonymously. To file a formal complaint, the Complainant must be participating in or attempting to participate in a College program or activity. A formal complaint can be submitted via email, mail, or hand delivery to the Title IX Coordinator:

   Wanda Brown, Title IX Coordinator
   Prahl College Center PCCLL15
   (810) 762-0243 
   [email protected]
   [email protected]

   The Title IX Coordinator can provide additional information or answer any questions about filing  a formal complaint.

   The Title IX Coordinator has discretion to file a formal complaint even if the Complainant chooses  not to do so. This may occur when there is a safety concern, when allegations involve a College  employee, or when the College determines it has a legal obligation to proceed with the formal  complaint. Where the Title IX Coordinator files the formal complaint, the Title IX Coordinator is  not considered the Complainant or a party in the grievance process. Rather, the individual reported  to have experienced sexual harassment is the considered the Complainant.

   The Title IX Coordinator 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.

   It may be appropriate for the Title IX Coordinator to conduct an initial assessment of the allegations described in the formal complaint to determine if these grievance procedures apply or if the formal complaint must or should be dismissed and/or referred to the appropriate College  office to be addressed. For incidents involving employees, the Title IX Coordinator will contact  and consult the Office of Human Resources during the initial assessment.

   Notice of Allegations

   After a formal complaint is filed, the Title IX Coordinator will send a Notice of Investigation to the parties which includes all the following:

   1. An explanation of the College’s grievance process, including any informal resolution  process (or the applicable website address);
   2. The allegations that potentially constitute sexual harassment as defined under Title IX and MCC’s Title IX procedures, including the identity of the parties involved, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known;
   3. A statement that the Respondent is presumed not responsible for the alleged conduct and  that a determination regarding responsibility is made at the conclusion of the grievance  process;
   4. Notice that the parties may have an advisor of their choice, who may be, but is not required  to be, an attorney, present at any grievance proceeding or meeting;
   5. Notice that the parties may inspect and review evidence obtained as part of the  investigation that is directly related to the allegations raised in a formal complaint,  including the evidence on which the College does not intend to rely in reaching a  determination regarding responsibility and inculpatory or exculpatory evidence whether  obtained from a party or other source, so that each party can meaningfully respond to the  evidence prior to conclusion of the investigation; and
   6. Notice of any provision in the College’s policies or code of conduct that prohibits  knowingly making false statements or knowingly submitting false information during the  grievance process.

   MCC will provide supplemental notice to the parties if additional allegations are discovered that require investigation.

   A formal complaint may be resolved through an informal resolution process or through a formal investigation and hearing. The informal resolution process is not available for complaints that allege sexual harassment by an MCC employee against a student or allegations of sexual assault.

   Conflicts of Interest

   The Title IX Coordinator, Investigator, Decision-Maker, and any individual designated to facilitate  an informal resolution process, will have no conflict of interest or bias against either party or  Complainants or Respondents generally. Any individual serving in one of these roles has an  obligation to disclose an actual or potential conflict of interest to the Title IX Coordinator. The  parties may raise concerns regarding any conflict of interest to the Title IX Coordinator, who will  determine whether such conflict exists and, if applicable, take appropriate steps to address it.

   Respondent Presumed Not Responsible

   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 imposing any remedies until a determination of responsibility has been made at the conclusion of the grievance  process.

   Standard and Burden of Proof

   In every sexual harassment investigation, the standard of proof required is a preponderance of evidence (the evidence demonstrates that it is more likely than not that the sexual harassment occurred). The burden of proof and obligation to gather evidence is on the College.

   Confidentiality

   The College will keep confidential the identity of any individual who has made a report or filed a formal complaint of sexual harassment, any individual who has been identified as the perpetrator  of sexual harassment or discrimination, and any witness, except as permitted by the Family  Educational Rights and Privacy Act (“FERPA”), 20 USC 1232g, as required by law, or to carry  out the purposes of the regulations implementing Title IX, 34 CFR part 106.

   False Reporting

   Faculty members, staff members or students who knowingly submit a false complaint under these  procedures 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.

   DISMISSAL OF FORMAL COMPLAINT

   A formal complaint must be dismissed when the conduct alleged in the formal complaint –

   1. does not meet the definition of sexual harassment;
   2. did not occur as part of an educational program or activity, or
   3. did not occur against a person in the United States.

   A formal complaint may be dismissed at any time in the following circumstances:

   1. The Complainant withdraws the formal complaint in writing;
   2. The Respondent is no longer enrolled or employed by MCC; or
   3. The circumstances prevent sufficient investigation of evidence for determination.

   Upon dismissal of a formal complaint, the parties will be given written notice with the reasons for  dismissal and information on their right to appeal the dismissal, simultaneously.

   Dismissal of a complaint under the Title IX investigation process does not preclude MCC from investigating and/or taking appropriate corrective action based on other College policy or procedure, the Student Code of Conduct, or state or federal law.

   INFORMAL RESOLUTION PROCESS

   The goal of the informal resolution process is to resolve concerns at the earliest stage possible, with the cooperation of all parties involved. The informal resolution process may include an inquiry into the facts but does not include a formal investigation. Means for resolution are flexible  and encompass a full range of possible appropriate outcomes, including voluntary agreements  through mediation in accordance with College policies and procedures. Informal 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 ensure that the  resolution has been implemented effectively. Steps taken to encourage resolution and agreements reached through informal resolution efforts will be documented. The amount of time needed to complete the informal resolution process will vary based on the allegations, type of resolution sought, and method of resolution. However, the College will aim to complete the informal resolution process within 30 school days.

   The informal resolution process is not an option where the allegations in the complaint involve an employee sexually harassing a student or allegations of sexual assault.

   To engage in the informal resolution process, a formal complaint of sexual harassment must be filed and both parties must provide voluntary, written consent. The informal resolution process can be facilitated at any time before a determination regarding responsibility is reached. This process  does not involve a full investigation and adjudication.

   Prior to engaging in the informal resolution process, the College will provide both parties with written notice of the following:

   • The allegations; 
   • The requirements of the informal resolution process, which includes preclusion of resuming formal investigation from the same allegations once a resolution is reached; 
   • The right of any party to withdraw from the informal resolution process and the resume the grievance process at any time prior to agreeing to a resolution; and 
   • The consequences of participating in the informal resolution process, including the records of the informal resolution process that will be maintained or 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 Investigator may, if appropriate, institute an investigation.

   FORMAL INVESTIGATION AND HEARING

   Trained, neutral Title IX Investigators shall conduct formal investigations under the oversight of the Title IX Coordinator or their designee.

   Time Frame

   The College will seek to complete the entire grievance process, including the resolution of any appeals, 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  notice. The grievance process may be delayed, or the timelines provided within this process  extended for good cause with written notice to the parties. Good cause may include the absence of  a party, party’s advisor, or witness; concurrent law enforcement activity, or the need for language  assistance or accommodation of disabilities.

   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 Complainant 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 or from gathering/presenting  evidence.

   MCC bears the burden of proof and obligation to gather 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. 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.

   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). Such notice will include the date, time, location, participants, and purpose of such hearings, interviews, or other meetings, with sufficient time for the party to prepare  to participate. The Complainant 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, each party’s advisor will have the opportunity to cross question witnesses and the opposite party during the hearing process.

   Advisor

   Upon request, the Complainant and the Respondent may each have an advisor of his or her choice  present when he or she is interviewed and during any other meeting or proceeding they are  expected to attend. A Complainant or Respondent who is in a union may have a union representative as his or her advisor, or present as a support person at the hearing. The College may  establish restrictions on an advisor’s participation in the grievance process; such restrictions will  be applied equally to both parties.

   Investigative Report

   At the conclusion of the investigation, the Title IX Investigator shall prepare an investigative report  that fairly summarizes the evidence. Generally, an investigation report should include a statement  of the allegations and issues; the positions of the parties; a description of the investigation  conducted, and a summary of the evidence.

   Before completing the investigative report, the Title IX Coordinator or Investigator will send to each party and the party’s advisor, if any, the evidence (in an electronic format or hard copy) obtained as part of the investigation that is directly related to the allegations raised in the formal complaint. The parties and their advisors will be provided a hard or electronic copy of the draft investigative report and given ten (10) school days to provide a response. The Investigator will consider any responses received before finalizing the investigative report.

   The Title IX Coordinator or their designee will then provide the parties and the Decision-Maker with 1) the final investigation report; 2) notice that the matter is referred to the Decision-Maker, who will serve as the hearing officer for the hearing; and 3) reasonable electronic access to the evidence in a format that restricts the parties from downloading or copying the evidence. Such evidence will also be available at the hearing to give each party equal opportunity to refer to the evidence as needed, including for the purpose of cross-examination.

   Hearing

   After receiving the final investigative report, the parties will be provided with a notice of hearing,  will include the date of the hearing, the identity of the Decision-Maker (who will serve as the  hearing officer), and any deadlines for submitting the names of witnesses or evidence. The  Decision-Maker will be appointed by the Title IX Coordinator.

   At the discretion of the Title IX Coordinator, he or she may convene a prehearing meeting with the parties’ advisors to discuss the hearing procedures, identification of witnesses and evidence, proposed questions to be asked of either party, and/or other relevant topics. The hearing will occur  no sooner than 10 days after the parties receive the final investigative report. The parties and their  advisors will also be notified of the opportunity to submit written, relevant questions that the party  wants asked of any party or witness. The Decision-Maker must explain to the party proposing the  questions any decision to exclude a question as not relevant.

   Hearing Format: The Decision-Maker has broad discretion to determine the hearing format. The  Decision-Maker 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 Decision-Maker has the discretion of whether to continue the hearing.

   At either party’s request, the College must provide for the live hearing to occur with each party  participating in different locations but with technology enabling the Decision-Maker and parties  to simultaneously see and hear the party or the witness answering questions. The hearing begins  when the Decision-Maker calls the hearing to order. The Decision-Maker will call for the reporting  party. The Respondent’s advisor then has the opportunity to question the reporting party. The  Decision-Maker may ask questions of the reporting party.

   Witness Questioning and Cross-Examination: 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 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. A party may not personally conduct cross examination of the opposing party. The hearing is not intended to be a repeat of the investigation.  Before a party or witness answers a question on cross-examination, the Decision-Maker will  determine if the question is relevant and explain any decision to exclude the question as not  relevant.

   If a party or witness does not submit to cross-examination at the live hearing, the Decision-Maker  must not draw a negative inference from a party’s or witness’s absence or refusal to submit to  cross-examination.

   The Decision-Maker may also ask questions of either party and any witnesses. The Decision-Maker may decline to hear from a witness where he or she concludes that the information is not necessary to make a determination regarding responsibility.

   Relevant Evidence: 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.

   Record of Hearing: The hearing and any prehearing conference are closed to the public. The Complainant and Respondent may each 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  Decision-Maker. No individual, other than the Decision-Maker, may make an audio or video  recording of the hearing unless given prior approval by the Decision-Maker. The Title IX  Coordinator or other administrators relevant to the case may attend the hearing.

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

   Determination Regarding Responsibility

   Following an objective review of all relevant evidence, the Decision-Maker will make a determination, by a preponderance of the evidence, whether the Respondent has engaged in sexual  harassment as defined by the Title IX regulations and these procedures implementing Title IX, 34  CFR 106.30. Any credibility determinations may not be based on a person’s status as a  Complainant, Respondent, or witness. Both the Complainant and the Respondent will be simultaneously issued a written determination that includes:

   1. the allegations potentially constituting sexual harassment;
   2. a description of the procedural steps taken during the grievance process, including any notifications to the parties, interviews, methods used to gather evidence, and hearings held;
   3. findings of fact supporting the determination;
   4. conclusions regarding the application of MCC’s policies and code of conduct to the facts;
   5. a statement of, and rational for, the result as to each allegation, any disciplinary sanctions to be imposed on the Respondent, and whether any remedies will be provided to the Complainant; and
   6. MCC’s procedures and permissible bases for appeal.

   Remedies: The determination regarding responsibility may include remedies, such as:

   • 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.

   Remedies will be implemented by the Title IX Coordinator.

   Disciplinary Action: The determination regarding responsibility may impose or recommend disciplinary action for the Respondent if the Decision-Maker concludes, by a preponderance of the evidence, that the Respondent has engaged in sexual harassment in violation of these procedures. The applicable Associate Vice President will make final disciplinary decisions and implement  discipline. For students and staff, such discipline may include, as applicable:

   • Verbal warning
   • Written warning
   • Written reprimand
   • Probation
   • Permanent removal from a course
   • Suspension/expulsion
   • Paid/unpaid suspension
   • Termination of employment

   Referral: The Decision-Maker may find that the Respondent engaged in other misconduct, including conduct that violates other Board Policies, the Student Code of Conduct, or the law. In such circumstances, the Decision-Maker may recommend disciplinary action for such violations and refer the matter to the Student Success Services (for Respondents who are students) or the Office of Human Resources (for Respondents who are employees) for consideration and implementation.

   APPEAL PROCESS

   Either party may appeal from the determination regarding responsibility or the dismissal of a formal complaint on one of the grounds for appeal listed below.

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

   1. A procedural error or omission occurred that affected the outcome of the matter;
   2. To consider new evidence, unknown or unavailable when the determination regarding responsibility or dismissal was made, that could impact the outcome of the matter;
   3. The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual  Complainant or Respondent that affected the outcome of the matter; and/or
   4. The recommended corrective actions are substantially disproportionate to the severity of the violation.

   The Complainant or the Respondent shall have fifteen (15) calendar days from receipt of the determination regarding responsibility or written notice of dismissal, as applicable, to file an appeal with the Title IX Coordinator. The appeal shall state in writing the grounds for appeal. Failure to file an appeal will render the decision final and conclusive. Upon receipt of an appeal, the Title IX Coordinator shall notify the other party in writing that an appeal has been filed. The other party will then have ten (10) calendar days to respond to the appeal in writing.

   A Title IX Appeals Officer will review the appeal and issue a written decision to both parties simultaneously within fifteen (15) calendar days of receiving the appeal documents. The Title IX  Appeals Officer will be a different individual from the Decision-Maker, Investigator, or Title IX Coordinator, and must be free of any conflict of interest or bias. The decision on appeal shall be final.

   Appeals shall be decided upon the record of the original investigation and upon written summaries  submitted by the parties, except as provided below. 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, the Appeals Officer will remand the matter to the Title IX Coordinator with instructions for further investigation or other action.

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

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

• Definitions:

  Actual Knowledge

  The College is considered to have notice of sexual harassment or allegations of sexual harassment when any one of the following individuals has such knowledge:

  • The College’s Title IX Coordinator;
  • The College President;
  • The Vice President, Student Academic Success;
  • The Associate Vice President, Human Resources; or
  • The Associate Vice President, Workforce & Economic Development.

  An individual in one of these positions is required to inform the Title IX Coordinator about any alleged sexual harassment of which the individual has knowledge.

  The College does not have actual knowledge if the MCC official listed above is the alleged Respondent.

  Constructive notice or vicarious liability does not constitute actual notice. Further, the mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of MCC.

  Advisor

  A Complainant and Respondent may each bring an Advisor of their choosing with them to any meeting or interview to provide support, guidance, and/or advice. An Advisor may be an attorney but is not required to be, and may be a family member, friend, or other individual, provided they are not a witness and do not have another conflicting role in the grievance process. A party’s Advisor may not participate directly in or interfere with the investigation.

  During the hearing, each Complainant and Respondent shall have a Hearing Advisor. A Hearing Advisor may be the same individual who served as an individual’s Advisor during the investigation process. During the hearing, the Hearing Advisor will ask questions of the other party and any witnesses. If a Complainant or Respondent does not have a Hearing Advisor, MCC will provide one at no cost for the purpose of asking questions of the other party and witnesses during the hearing. When providing a Hearing Advisor to a Complainant or Respondent at no cost, MCC will select a Hearing Advisor who has received training commensurate with that of a Decision-Maker and who has received a copy of the investigative report and any documentary evidence with sufficient time to review and prepare prior to the hearing.

  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

  The following is defined as a complainant:

  • A student or employee of Mott Community College who is alleged to have been subject to conduct that could constitute sex discrimination under Title IX; or
  • A person other than a student or employee of Mott Community College who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in Mott’s education program or activity; or
  • A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complaintant; or
  • Mott’s Title IX Coordinator.

  US Dept of Ed: Resource for Drafting Nondiscrimination Policies, Notices of Nondiscrimination, and Grievance Procedures under 2024 Amendments to the US Department of of Education’s Title IX Regulations

  Complaint

  An oral or written request to the recipient that objectively can be understood as a request for the recipient to investigate and make a determination about alleged discrimination under Title IX or its regulations.

  Consent

  Consent is a voluntary and unambiguous agreement to engage in specific sexual conduct, communicated through mutually understandable words and/or actions. The individual initiating the sexual activity is responsible for obtaining consent.

  Consent cannot be obtained through coercion, physical force, violence, duress, intimidation, or the threat (express or implied) of bodily injury. Consent cannot be inferred from silence, passivity, or lack of resistance alone. Consent to one sexual act does not constitute or imply consent to a different sexual act. Previous consent does not constitute or imply consent to future sexual acts. Consent is required regardless of the parties’ relationship status or sexual history together. 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 existence of consent.

  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. An individual who seeks to withdraw consent must communicate, through clear words or actions, a decision to cease the sexual activity. If consent is withdrawn, the other party must immediately stop whatever sexual contact is occurring.

  A person is unable to consent if he or she is mentally incapacitated or physically helpless (due to alcohol, drugs, or otherwise), unconscious, asleep, or under the age of consent. In Michigan, the age of consent is 16 years old unless otherwise specified by law. See MCL 750.520a et seq.

  For purposes of determining the existence of consent, the issue is whether the Respondent knew, or reasonably should have known, that the activity in question was not consensual or that the Complainant was unable to consent due to incapacitation.

  Dating Violence

  For purposes of Title IX and these procedures, “dating violence” is defined, pursuant to the Violence Against Women Act, as violence committed by a person –

  1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
     1. The length of the relationship.
     2. The type of relationship.
     3. The frequency of interaction between the persons involved in the relationship.

  Day

  Unless otherwise specified herein, “day” refers to school days, or days when College classes are  in session.

  Disciplinary Sanctions

  Consequences imposed on a respondent following a determination under Title IX that thebrespondent violated the recipient's prohibition on sex discrimination.

  Domestic Violence

  For purposes of Title IX and these procedures, the term “domestic violence” is defined, pursuant to the Violence Against Women Act, to include felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a –

  1. Current or former spouse or intimate partner of the victim, or person similarly situated to a spouse of the victim;
  2. Person with whom the victim shares a child in common;
  3. Person cohabitating with or who has cohabitated with the victim as a spouse or intimate partner;
  4. Person who commits acts against a youth or adult victim who is protected from such acts under the domestic or family violence laws of the jurisdiction.

  Party

  A complainant or respondent.

  Preponderance of the evidence

  The standard of proof used in the College’s grievance process for sexual harassment cases, which asks whether it is “more likely than not” that the sexual harassment occurred.

  Relevant

  Related to the allegations of sex discrimination under investigation as part of these grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.

  Remedies

  Measures provided, as appropriate, to a complainant or any other person that recipient identifies as having had their equal access to the recipient’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to the recipient’s education program or activity after a recipient determines that sex discrimination occurred.

  Respondent

  A person who is alleged to have violated the recipient’s prohibition on sex discrimination.

  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

  Intimidation, threats, coercion, or discrimination against any person by the recipient, a student, or an employee or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX, MCC Policies, or these Title IX Investigation procedures, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing as described in these grievance procedures. Retaliation includes harassment and intimidation, including but not limited to violence, threats of violence, property destruction, adverse educational or employment consequences, and bullying.

  Sanctions

  See Disciplinary Sanctions.

  Sex-Based Harassment

  A form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity that is:

  • Quid Pro Quo. An employee, agent, or other person authorized by the recipient to provide and aid, benefit, or service under the recipient’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
  • Hostile Environment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the recipient’s education program or activity (i.e. creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
    • The degree to which the conduct affected the complainant’s ability to access the recipient's education program or activity;
    • The type, frequency, and duration of the conduct;
    • The parties’ ages, roles within the recipient's education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
    • The location of the conduct and the context in which the conduct occurred; and
    • Other sex-based harassment in the recipient’s education program or activity.
  • Sexual Assault. See below.
  • Dating Violence. See above.
  • Domestic Violence. See above.
  • Stalking. See below.

  Sexual Assault

  For purposes of Title IX and these procedures, “sexual assault” is defined, pursuant to the Clery Act, as any sexual act including Rape, Sodomy, Sexual Assault With An Object, Fondling, Incest, and Statutory Rape (as those terms are defined below), directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent; also unlawful sexual intercourse. In Michigan, the age of consent is 16 years old unless otherwise specified by law. See MCL 750.520a et seq.

  • Rape (Except Statutory Rape): The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
  • Sodomy: Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
  • Sexual Assault With An Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
  • Fondling: The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
  • Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.

  Sexual Discrimination

  Inequitable treatment of individuals on the basis of gender.

  Stalking

  For purposes of Title IX and these procedures, “stalking” is defined, pursuant to the Violence Against Women Act, as engaging in a course of conduct directed at a specific person that would cause a reasonable person to –

  1. Fear for his or her safety or the safety of another; or
  2. Suffer substantial emotional distress.

  Supportive Measures

  Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant’s or respondent to:

  • Restore or preserve that party’s access to the recipient's education program or activity, including measures that are designed to protect the safety of the parties or the recipient’s educational environment; or
  • Provide support during the recipient's grievance procedures or during an informal resolution process.

  Title IX Coordinator

  The individual designated and authorized by the College to ensure the College’s compliance with Title IX and related policies and procedures, including the provision of supportive measures as and the implementation of the grievance process, as described below. References to the Title IX 6 Coordinator throughout these Title IX Grievance Procedures refer to the Title IX Coordinator as well as any designee assigned by the Title IX Coordinator.

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 and Grievance Procedures
  • Title IX and Sex-Based Harassment
  • Title IX and Gender Equity

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

• Title IX Hearing Officer Training
  • Hearing Officer Training Materials
  • Live Hearings

• Title IX Pregnant & Parenting Training
  • Pregnancy & Parenting Training

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.

Students

Under Title IX, it is illegal for schools to exclude a pregnant student from participating in any part of an educational program because of pregnancy and/or the birth, adoption, or placement of a child. 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 health care provider deems the absences medically necessary. The leave term may be extended in the case of extenuating circumstances or medical necessity.

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 later, especially after longer periods of leave.

To initiate a leave of absence, the student must contact the Title IX Coordinator at least 30 calendar days prior to the initiation of leave, or as soon as practicable. The Coordinator will assist the student in completing any necessary paperwork.

Employees

Information on employment leave can be found on the MCC Human Resources website. If an employee, including a student-employee, is not eligible for leave under the aforementioned leave policy because they either (1) do not have enough leave time available under that policy, or (2) have not been employed long enough to qualify for leave under that policy, they are eligible to qualify for pregnancy or related condition leave under Title IX. Pregnancy and related conditions will be regarded as a justification for a leave of absence without pay for a reasonable period of time.

Employees who take leave under Title IX must be reinstated to the status held when leave began or a comparable position without a negative effect on any employment privilege or right.

For assistance regarding accommodations due to pregnancy/childbirth and medically excused absences:

• Fill out Pregnant and Parenting Student Request Form and submit with requested medical documentation to the Title IX office via email at [email protected].
• Contact the Title IX office at [email protected] or .

Students and employees who wish to voice a concern or file a complaint of discrimination should contact the Title IX Coordinator at or for assistance.

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: , (PCCLL15), , 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

Any MCC employee who becomes aware of a student’s pregnancy or related condition is required to provide the student with the Title IX Coordinator’s contact information and communicate that the Coordinator can help take specific actions to prevent discrimination and ensure equal access to MCC’s education program and activity. If the employee has a reasonable belief that the Title IX Coordinator is already aware of the pregnancy or related condition, the employee is not required to provide the student with the Title IX Coordinator’s contact information.

Upon notification of a student’s pregnancy or related condition, the Title IX Coordinator will contact the student and inform the student of MCC’s obligations to:

• Prohibit sex discrimination.
• Provide reasonable modifications.
• Allow access, on a voluntary basis, to any separate and comparable portion of the institution’s education program or activity.
• Allow a voluntary leave of absence.
• Ensure lactation space availability.
• Maintain a Resolution Process for alleged discrimination.
• Treat pregnancy as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes.

The Title IX Coordinator will also notify the student of the process to file a complaint for alleged discrimination, harassment, or retaliation, as applicable.

Students who are pregnant or are experiencing related conditions are entitled to reasonable modifications to prevent sex discrimination and ensure equal access to the MCC’s education program and activity. Any student seeking reasonable modifications must contact the Title IX Coordinator to discuss appropriate and available reasonable modifications based on their individual needs. Students are encouraged to request reasonable modifications as promptly as possible, although retroactive modifications may be available in some circumstances. Reasonable modifications are voluntary, and a student can accept or decline the offered reasonable modifications. Not all reasonable modifications are appropriate for all contexts. Reasonable modifications may include:

• Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom
• Intermittent absences to attend medical appointments
• Access to online or homebound education
• Changes in schedule or course sequence
• Time extensions for coursework and rescheduling of tests and examinations
• Allowing a student to sit or stand, or carry or keep water nearby
• Counseling
• Changes in physical space or supplies (for example, access to a larger desk or a footrest)
• Elevator access
• A larger uniform or other required clothing or equipment
• Other changes to policies, practices, or procedures determined by the Title IX Coordinator

In situations such as clinical rotations, performances, labs, and group work, the institution will work with the student to devise an alternative path to completion, if possible. In progressive curricular and/or cohort-model programs, medically necessary leaves are sufficient cause to permit the student to shift course order, substitute similar courses, or join a subsequent cohort when returning from leave. Students are encouraged to work with their faculty members and the MCC’s support systems to devise a plan for how to best address the conditions as pregnancy progresses, anticipate the need for leaves, minimize the academic impact of their absence, and get back on track as efficiently and comfortably as possible. The Title IX Coordinator will assist with plan development and implementation as needed.

Supporting documentation for reasonable modifications will only be required when it is necessary and reasonable under the circumstances to determine which reasonable modifications to offer to determine other specific actions to take to ensure equal access. Information about pregnant students’ requests for modifications will be shared with faculty and staff only to the extent necessary to provide reasonable modification.

Students experiencing pregnancy-related conditions that manifest as a temporary disability under the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act are eligible for reasonable accommodations just like any other student with a temporary disability. The Title IX Coordinator will consult with Disability Services to ensure the student receives reasonable accommodations for their disability as required by law.

All students should be informed of health and safety risks related to participation in academic and co-curricular activities, regardless of pregnancy status. A student may not be required to provide health care provider or other certification that the student is physically able to participate in the program or activity, unless:

1. The certified level of physical ability or health is necessary for participation;
2. The institution requires such certification of all students participating; and
3. The information obtained is not used as a basis for pregnancy-related discrimination.

MCC provides students and employees with access to lactation spaces that are functional, appropriate, and safe. Such spaces are regularly cleaned, shielded from view, and free from the intrusion of others. Lactation spaces are located in the following locations:

• Curtice-Mott Complex:
  • Room CM1140C
  • Room CM1146C
  To schedule use of either room, call 810-762-0222.
• Family Life Center
  To schedule use at this location call 810-232-4962.