5. Sexual Misconduct

5.1 Process for Sexual Misconduct Violations

Alleged sexual misconduct violations will be evaluated by the Sexual Misconduct Allegation Review Team (SMART) to determine whether the alleged violation will be investigated under the Student Code of Community Conduct or if the alleged violation meets the grounds for Title IX. The alleged violation will be handled under the Student Code of Community Conduct if the respondent is a student of Michigan Tech, and the alleged conduct meets one or more of the following:

1. The alleged conduct does not fall within the definition of sexual harassment as defined in the Title IX Policy but falls within the definition of sexual misconduct in this policy,
2. The alleged conduct, if proved, would constitute a violation of sexual harassment as defined in the Title IX Policy and did not occur in the education program or activity of Michigan Tech but would have a substantial impact on Michigan Tech,
3. The alleged conduct if proved, would violate the definition of sexual harassment as defined in the Title IX Policy and did not occur in the U.S.,
4. The alleged conduct, if proved, would violate the definition of sexual harassment as defined in the Title IX Policy and the complainant is not participating in or attempting to participate in Michigan Tech's education program or activity.

5.2 Sexual Misconduct Allegation Review Team (SMART)

The sexual misconduct allegation review team will review all cases of alleged sexual misconduct. If the complainant is willing to participate in the review and investigation process, the Office of Academic and Community Conduct will proceed as described in this section. In all cases, the University's response is designed to consider the complainant's preference regarding whether the University proceeds with an investigation and to provide deference to the complainant's wishes whenever it is determined reasonable to do so. SMART will evaluate the following to determine if the Office of Academic and Community Conduct should proceed with an investigation when the complainant is unwilling or unable to participate:

1. to what extent Michigan Tech should further investigate an allegation of sexual misconduct for the protection of the campus community, and
2. what other measures might be considered to address any effects of the alleged sexual misconduct within the campus community.

5.3 Reporting Sexual Misconduct

5.3.01 Reporting Sexual Misconduct to Employees

Reports of sexual misconduct made to the offices below means that your report will be handled in a private manner to the extent possible and consistent with the principles of due process, FERPA, the Violence Against Women Act, and the Campus Security Act.

The Office of Academic and Community Conduct
310 Administration Building
906-487-2951

Title IX Coordinator
307 Administration Building
906-487-3310

5.3.02 Reporting Sexual Misconduct to Confidential Employees

Reports made to confidential employees are considered confidential reports and will not be reported to the Title IX Coordinator without the complainant's permission and will not constitute actual notice to Michigan Tech. 

Counselors of the Center for Student Mental Health and Well-being
3rd Floor Administration Building
906-487-2538

Director of Student-Athlete Wellness and Clinical Counselor
Student Development Center (SDC) Room 220
906-487-3595

Michigan Tech Ombuds
487-2391

5.3.03 Reporting Sexual Misconduct to Law Enforcement

Reports to law enforcement may be shared with the Office of Academic and Community Conduct; however, the legal process and the University process are separate. Complainants may file with local law enforcement for criminal/civil proceedings for violations of federal/state and/or city ordinances. University proceedings may be carried out prior to, simultaneously with, or following criminal/civil proceedings.

Michigan Tech Department of Public Safety and Police Services
206 MacInnes Drive, Houghton, MI 49931
906-487-2216 or 911

Houghton City Police Department
616 Shelden Ave, Unit 101, Houghton, MI 49931
906-482-2121 or 911

Houghton County Sheriff403 East Houghton Avenue, Houghton, MI 49931
906-482-0055 or 911

5.4 Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent for sexual misconduct cases. Such measures are designed to restore or preserve equal access to Michigan Tech's Education Programs or Activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or Michigan Tech's educational environment, or deter sexual harassment.

Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. Supportive measures may be put in place and monitored by the Title IX Coordinator in cases of sexual misconduct allegations handled under the Student Code of Community Conduct. Supportive measures may be available regardless of formal charges of the Student Code of Community Conduct.

5.5 Sexual Misconduct Investigators

Alleged sexual misconduct violations will be investigated by a trained investigator. Investigators are neutral and impartial fact-finders who gather evidence regarding an allegation against students, faculty, or staff. It is the investigators responsibility to adhere to prescribed timelines. 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.

5.6 Notice of Allegations

When there is cause to charge for alleged sexual misconduct through the Student Code of Community Conduct, the investigator will provide notice of allegations to the parties who are known. The notice of allegations will include:

1. Notice of the party's rights and options
2. Notice of Michigan Tech's student code process
3. Notice of Michigan Tech's informal resolution process and options
4. Notice of the allegations of sexual misconduct including:
1. The identities of the parties involved in the incident, if known,
2. The conduct allegedly constituting sexual misconduct, and
3. The date and location of the incident, if known.
5. Notice 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.
6. Notice that the parties may have an advisor of their choice, who may be, but is not required to be an attorney, and that the advisor may inspect and review evidence as explained in Section 5.7.02—Opportunity to Inspect and Review Evidence of this policy.
7. Notice of the Michigan Tech Student Code of Community Conduct provision that prohibits knowingly making false statements or knowingly submitting false information during the conduct process.

The notice of allegations will be updated and written notice provided to the parties if, at any time during the investigation, Michigan Tech decides to investigate allegations about the complainant or respondent that are not included in the initial notice of allegations.

5.7 Sexual Misconduct Investigations

Michigan Tech will investigate following a complaint of sexual misconduct and Notice of Allegations. During all meetings and interviews, the parties may be accompanied by an advisor of their choice, which can be, but is not required to be, an attorney. During the investigation stage, the advisor's role is limited to assisting, advising, and/ or supporting a complainant or respondent. An advisor is not permitted to speak for or on behalf of a complainant or respondent or appear in lieu of a complainant or respondent during the investigation phase.

5.7.01 Opportunity to Provide Information and Present Witnesses

Each party will be provided an equal opportunity to provide information to the investigator and present witnesses for the investigator to interview. The information provided by the parties can include inculpatory and exculpatory evidence. The witnesses can include both fact witnesses and expert witnesses.

5.7.02 Opportunity to Inspect and Review Evidence

Each party will be provided an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations, including evidence upon which Michigan Tech does not intend to rely upon in reaching a determination regarding responsibility. This review includes inculpatory and exculpatory evidence that is obtained by a party, witness, or other source. Each party and their advisor (if any) will be provided an electronic copy of the evidence for inspection and review. The parties will have ten (10) business days to review and submit a written response to the investigator. The investigator will consider the written responses prior to completing an investigative report. All evidence provided during the inspection and review phase will be available at any hearing for the parties to use during the hearing, including for purposes of cross-examination.

5.7.03 Investigative Report

Following the opportunity to inspect and review evidence directly related to the allegations, the investigator will create an investigative report that fairly summarizes relevant evidence obtained during the investigation.

5.7.04 Review of Investigative Report

At least ten (10) business days prior to a hearing, the investigator will provide each party and the party's advisor (if any) an electronic copy of the investigative report for their review and written response.

5.7.05 Investigation Timeframe

The investigation of an allegation of sexual misconduct will be concluded within 90 business days. The parties will be provided updates on the progress of the investigation, as needed

5.8 Live Hearing

Upon completion of the investigation and review of the investigative report, the hearing in Section 6— Hearing Guidelines will follow.

5.9 Decision of Responsibility

See Section 6.9—Standard of Proof and 6.10—Decision of Responsibility regarding the rendering of a decision of responsibility and Section 7—Sanctions, Educational Conditions, and Remedies.

5.10 Appeal

See Section 8—Appeal Procedures for appeals.

5.11 Option for Informal Resolution

At any time before a determination regarding responsibility has been reached, the parties may voluntarily agree to participate in an informal resolution facilitated by Michigan Tech, which does not involve a full investigation and adjudication. Types of informal resolution include, but are not limited to, mediation, facilitated dialogue, conflict coaching, and restorative justice and resolution by agreement of the parties.

5.11.01 Informal Resolution Notice

Prior to entering the informal resolution process, Michigan Tech will provide the parties with a written notice disclosing:

1. The allegations;
2. The requirements of the informal resolution process, including the right of any party to withdraw from the informal resolution process and resume the grievance process and the circumstances which preclude parties from resuming a Formal Complaint arising from the same allegations;
3. Outcomes resulting from the informal resolution process, including notice that the records will be maintained for a period of seven (7) years, but will not be used by investigators or decision-makers if the formal grievance process resumes.

5.11.02 Informal Resolution Agreement

Prior to entering the informal resolution process, the parties must voluntarily agree in writing to the use of the informal resolution process.

5.11.03 Informal Resolution Timeframe

Informal resolutions will be concluded within forty-five (45) days of notice to Michigan Tech that both parties wish to proceed with the informal resolution process. Such notice that the parties wish to proceed with an informal resolution process will "pause" the counting of the timeframe referenced in Section 5.7.05—Investigation Timeframe. Should the informal resolution process fail, the timeline referenced in Section 5.7.05 will resume where it was paused.

5.11.04 Informal Resolution Documentation

Any final resolution pursuant to the Informal Resolution process will be documented and kept for seven (7) years. However, no recording of the informal resolution process will be made and all statements made during the informal resolution process will not be used for or against either party (and the decision-maker(s) and/or appellate decision-maker(s) may not consider any such statement made during informal resolution) should the parties resume the grievance process. Failure to comply with an informal resolution agreement may result in disciplinary action.

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