2. Definitions

2.1 Advisor

An advisor is an individual chosen by a party to support a complainant or respondent through the conduct process for charges of alleged sexual misconduct and/or if criminal charges are pending for a Student Code of Community Conduct violation. Advisors serve in a limited role during the conduct process. Advisors may be, but are not required to be, an attorney.

2.2 Campus and University Premises

Campus and University Premises means any property owned, leased, operated, used, controlled or supervised by Michigan Technological University. Campus and University premises also includes streets, sidewalks, and pathways adjacent to or in the immediate vicinity of the campus, and websites operated by the University, including the official University website and online courses offered by the University.

2.3 Charge

Charge means reasonable cause has been established that a violation of the Code has occurred.

2.4 Code

Code means any and all University codes, regulations, rules, and policies, including this Student Code of Community Conduct. This Student Code of Community Conduct applies to all students including programs, both on and off University premises.

2.5 Complainant

Complainant refers to any member of the University community, of the public, or any law enforcement agency representative who makes a report to the Office of Academic and Community Conduct. In situations where the individual(s) reports information but wishes not to be involved in the conduct process, the University may choose to become the complainant.

2.6 Consent

Consent is the affirmative, conscious, and voluntary expression to engage in sexual activity through clear words or actions. Consent is ongoing and can be revoked by words or actions at any point during the interaction. When consent is withdrawn or can no longer be given, sexual activity must stop. Consent cannot be given when it is the result of coercion, intimidation, force, or threat of harm.

It is the responsibility of each person to ensure they have consent from the other to engage in the sexual activity. Lack of protest, lack of resistance, or silence do not, alone, constitute consent.

The existence of a dating relationship or past sexual relations between the complainant and respondent will never by itself be assumed to be an indicator of consent (nor will subsequent sexual relations or dating relationship alone suffice as evidence of consent to prior conduct).

The respondent's belief that the complainant consented will not provide a valid defense unless the belief was actual and reasonable. In making this determination, the decision-maker(s) will consider all of the facts and circumstances the respondent knew, or by a reasonable person standard, should have known at the time. In particular, the respondent's belief is not a valid defense where:

1. The respondent's belief arose from the respondent's own intoxication or recklessness;
2. The respondent did not take reasonable steps, in the circumstances known to the respondent at the time, to ascertain whether the complainant affirmatively consented; or

1. The respondent knew, or by a reasonable person standard should have known at the time, that the complainant was unable to knowingly and willingly consent because the complainant was incapacitated, in that the complainant was:

• • asleep or unconscious,
  • involuntarily restrained,
  • unable to understand the fact, nature, or extent of the sexual activity due to the influence of drugs, alcohol, or medication,
  • unable to communicate due to a mental or physical condition.

2.7 Crime of Violence

Crime of violence refers to prohibited conduct where the responding student(s) uses, or threatens to use, violent force against another person. Crimes of violence include crimes committed with and without weapons. Crimes of violence include, but are not limited to: murder, voluntary manslaughter, kidnapping, aggravated assault, forcible sex offenses, robbery, arson, extortion, the use or unlawful possession of a firearm, or explosive material.

2.8 Cross-examination

Cross-examination is the direct or indirect, live questioning of the complainant and/or respondent or the complainant and/or respondent's witness during a hearing to determine the credibility (knowledge, accuracy, potential ulterior motives, etc.) of that person's statements. The parties may cross-examine each other directly, or may choose to do so indirectly through the procedural officer. The parties may cross-examine witnesses directly, or indirectly through the procedural officer. In hearings of responsibility, cross-examination will take place. All questioning must be relevant to the charge(s) and/or case.

2.9 Federally Illegal Drugs

Federally illegal drugs are defined by the Controlled Substances Act (CSA), and any amendments to that act. All forms of cannabis are federally illegal, including medical marjuana. Under CSA, marijuana and tetrahydrocannabinol (THC) in any form, including without limitation tinctures, edibles and topicals, are classified as a Schedule I controlled substance. In compliance with the Drug-Free Schools Act, the possession, use, manufacture, and/or distribution of any federally illegal drug on University property is strictly prohibited.

2.10 Interim Action

Interim action means any lawful action, order, restriction, or demand made pursuant to the code, as a means to protect individuals, property, and/or the best interests of the University.

2.11 Maxient

Maxient is the conduct management system used by the University. All email correspondence generated from the address Maxient System <notifications@maxient.com> should be treated as official University communication.

2.12 Mediation

Mediation means utilizing a neutral third party to assist in reaching an agreement on actions to be taken to resolve conflict.

2.13 PERC

PERC stands for Probation Early Release Certification. This is a program for students/student organizations sanctioned to conduct probation to complete a series of educational conditions that will in turn release them early from their term of conduct probation, and restore them to good conduct standing. To be eligible for PERC, applicants must successfully complete at least one third (1/3) of their total probationary period and complete assigned educational conditions.

2.14 Preponderance of Evidence

Preponderance of evidence means the totality of all available evidence indicates it is more likely than not that a policy violation did/did not occur. The burden is not on a party, but on the institution. The concept of "preponderance of the evidence" can be visualized as a scale representing the standard of proof, with the totality of evidence collected during the University's investigation resting on the respective trays on either side of the scale. If the scale tips ever so slightly to one side or the other, the weightier side will prevail.

2.15 Procedural Officer

Procedural officer means all administrative staff with delegated authority to resolve academic and community conduct issues.

2.16 Property

Property means all tangible and intangible property.

2.17 Reasonable

Reasonable means fair and appropriate given all facts and circumstances.

2.18 Reasonable Cause

Reasonable cause means there is sufficient information alleged by a complainant to warrant belief by a reasonable person that a respondent has violated the code. Evidence is sufficient if a reasonable person would believe that further inquiry into whether a violation occurred is warranted.

2.19 Reasonable Person

Reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant.

2.20 Replica or Facsimile Firearms

"Replica or facsimile firearms" mean any devices or objects made of plastic, wood, metal, or any other material which are replicas, facsimiles, or toy versions of, or are otherwise recognizable as: a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, starter pistol, air gun, inoperative firearm, or other firearm. This shall include, but is not limited to, toy guns, theatrical production props, hobby models (either in kit form or fully assembled), or any other devices which might reasonably be perceived to be real firearms.

2.21 Respondent

Respondent means the student(s)/group(s)/organization(s) alleged to have violated the code. Respondents are presumed 'not responsible' until proven by the preponderance of evidence standard that indicates a finding.

2.22 Sexual Misconduct Investigator

Sexual misconduct investigators are neutral and impartial fact-finders who gather evidence regarding an allegation against students. It is the responsibility of the investigators to adhere to prescribed timelines throughout the investigation for the entire investigation. The investigators are responsible for completing an investigative report at the conclusion of the investigation that fairly summarizes all relevant evidence and information gathered during the investigation. Sexual misconduct investigators are annually trained Title IX investigators.

2.23 Student

Student means any individual who is an admitted applicant, is currently enrolled, auditing, or participating in any University course or program, (regardless of their classification status), or was enrolled at the time of the conduct at issue regardless of their age or status in regard to parental dependency. Student status is maintained during semester breaks.

2.24 Support Person

Support person means any member of the University community (faculty/staff/student) chosen by the complainant or respondent to provide support during the conduct process. The support person may not be an immediate family member. Support persons may not participate directly in the conduct process, but may offer advice, guidance, and/or support to the student (complainant or respondent). Students with alleged violations of sexual misconduct and/or that have criminal charges pending may have a support person in addition to their advisor.

2.25 University

University includes all schools, programs, and divisions of Michigan Technological University, be they on-campus, online learning programs, or on a foreign campus, and at all levels, undergraduate, graduate, or professional.

2.26 University Community

University community means students, faculty, and staff.

2.27 University Conduct Board

University conduct board means a group of trained University faculty and staff, convened for the purpose of reviewing the conduct violation and determining appropriate consequences as needed, known as hearing decision-makers.

2.28 University Sponsored Activity

University sponsored activity means any activity on or off University premises that is directly initiated or supervised by the University..

2.29 Written Notice

Written notice means all written communication in any form whatsoever, including and without limitation, communication through campus and/or U.S. mail, and all forms of electronic communication to the student's or organization's last known University address. Students will be held accountable for retrieving their University mail/email in a timely manner. Email sent to a student's University email address constitutes official communication, and is deemed delivered at the moment the email is sent and/or date of the mailing of the notice.

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