3.1.2.2 Sex Discrimination/Sexual Harassment
Federal and State law prohibits discrimination in employment, and in the utilization of educational facilities, and in educational programs and activities on the basis of sex. Members of the Michigan Technological University community, including students, employees, and third parties have the right to be free from all forms of sex based discrimination, harassment, and/or sexual misconduct.
As set forth in Board of Trustees Policy 5.3, Michigan Technological University expressly prohibits sex discrimination, harassment and/or sexual violence, termed as sexual misconduct by employees, students, against students and/or employees, or third parties, such as a vendor or visitors to Michigan Tech.
Sex based discrimination, harassment, and/or sexual misconduct includes gender discrimination, pregnancy discrimination, sexual harassment, and sexual violence, hereafter referred to as sexual misconduct, such as sexual harassment, sexual assault (fondling, rape, incest, statutory rape), dating violence, domestic violence, and stalking.
All Michigan Tech faculty are strongly encouraged to report allegations of gender discrimination, sexual harassment, sexual assault, dating violence, domestic violence and stalking to the Title IX Coordinator(s) to maximize the institution's ability to investigate and potentially address and eliminate the misconduct. Faculty should NOT attempt to determine if the harassment or violence actually did occur, or if a hostile environment is being created.
The information that should be reported includes all the relevant information that the individual has shared and that may be useful in the investigation. This includes names of the alleged respondent, the student/employee who experienced the alleged harassment/violence, any other student/employee involved, and the date, time, and location of the alleged incident.
Faculty should explain to the student/employee that they are not a confidential resource before a student/employee reveals something that they may want to keep confidential. In emergency situations, where a person's health or safety is in immediate danger, call 911
A report to the Title IX Coordinator does not necessarily lead to a full investigation. Any action is typically determined based on the complainant's choices. However, the Title IX Coordinator will make a safety assessment to determine if there is a safety risk to the community. If it is likely that there is continued risk, the Title IX Coordinator may have to proceed without the complainant's consent.
Students, faculty members, or employees who feel that they have been subjected to sexual misconduct or discrimination and/or harassment on the basis of sex, contact the University Title IX Coordinator.
Reference
Board of Trustees Policy 5.3, Discrimination Based on Sex
For more information, please visit the Equal Opportunity Compliance and Title IX website.
Revised:
06/17/2022 - Institutional Equity changed name to Equal Opportunity Compliance and
Title IX
11/4/2021 - Updated language provided by Institutional Equity.
4/25/2018 - Institutional Equity department name change.
1/26/2018 - Annual Review: Added a "Reference" section and a link to the BOT Policy
5.3 Discrimination Based on Sex.
12/28/2017 - Annual Review: To reflect current practice, removed "gender" and "gender
based" from document. Added "and in educational programs and activities" to the introductory
paragraph. Added "gender discrimination," "intimate partner violence including," removed
"and parental status" from the third paragraph. Changed "consultants" to "counselors
and ombuds officers," added "all" to "all Public Safety and Police Services," and
added "It is important to note that faculty are not required to report if this information
is disclosed in the context of academic work and discussions." to the fourth paragraph.
Changed "sexual harassment" to "...sex based discrimination harassment and/or sexual
violence..." and changed "...eliminate sexual harassment/violence." to "...sex based
harassment, discrimination and/or sexual misconduct." to the fifth paragraph. Added
"sexual misconduct or" and "and/or" to the seventh paragraph. Added "/Title IX" to
the last line.
12/09/2016 - Annual Review: To reflect current practice, the last sentence of the
third paragraph beginning "Michigan Tech standards and definitions of sexual misconduct..."
was removed. The word "rape" was added to the sentence "...sexual intercourse, non-
consensual sexual contact, sexual exploitation, dating violence, domestic violence,
sexual assault, rape, stalking, and sexual coercion." For Title IX compliance, all
Michigan Tech employees who are designated as supervisors, with the exception of mental
health consultants, are considered "responsible employees". Also considered responsible
employees are Public Safety and Police Services officers and employees, student affairs
staff, human resources staff, athletics and recreation staff, academic advisors, faculty,
instructors, graduate teaching assistants, graduate students that are supervising
other students, and individuals designated as Campus Security Authorities. The role
of a responsible employee is to report allegations of sexual harassment/violence top
the Title IX Coordinator(s) to maximize the institution's ability to investigate and
potentially address and eliminate sexual harassment/violence. The information that
should be reported includes all the relevant information that the individual has shared
and that may be useful in the investigation. Responsible employees should inform
student/employee that they are not confidential resources before a student/employee
reveals something that they may want to keep confidential. Students, faculty members,
or employees who feel that they have been subjected to discrimination or harassment
on the basis of sex, contact the University Title IX Coordinator. For more information,
please visit the Institutional Equity and Inclusion website."
12/08/2016 - Annual Review: No changes made to content.
11/09/2016 - Annual Review: to reflect Title IX information regarding "responsible
employees".
01/27/2015 - Annual Review: To reflect current practice, the email address for questions
is now policy@mtu.edu. No changes made to content.
02/07/2014 - Annual Review: Updated Michigan Tech and Handbook banners, no changes
made to content.
07/14/2011 - Annual Review: To Reflect current University titles and practice, MTU
is now Michigan Tech and the email address for questions is now hbwebmaster.
03/07/2011 - Revised to reflect updated Board of Control Bylaws and Policies