Frequently Asked Questions

Title IX of the Education Amendments of 1972 is a Federal civil rights law that prohibits discrimination on the basis of sex in educational programs and activities that receive Federal funds. It states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Under Title IX, discrimination on the basis of sex can include gender discrimination, sexual harassment, rape, fondling, incest, statutory rape, dating violence, domestic violence, and stalking.

The Title IX Coordinator is the Michigan Tech administrator who oversees Michigan Tech's compliance with Title IX. The Title IX Coordinator is responsible for the administrative response to reports and Formal Complaints of Sexual Harassment. The Title IX Coordinator is available to discuss the grievance process, coordinate supportive measures, explain Michigan Tech policies and procedures, and provide education on relevant issues. The Title IX Coordinator may designate one or more Deputy Title IX Coordinators to facilitate these responsibilities. 

Reporting Expectations and Requirements for Employees

Campus Security Authorities according to the Clery Act are University employees designated under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998 to report certain crimes including the sex offenses (forcible and non-forcible) of sexual assault, domestic violence, dating violence and stalking for federal statistical reporting purposes for the Clery Act.  Not sure if you are a CSA? Contact Public Safety and Police Services.

CSA's must pass along statistical information in relation to campus crimes to campus law enforcement regarding the type of incident and its general location for publication in the annual Campus Security Report. Arrest records, however, are not confidential and are not protected by FERPA.

Complainants of sexual misconduct should also be aware that to comply with the Clery Act university administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The university will make every effort to ensure that a complainant's name and other identifying information is not disclosed, while still providing enough information for community members to make safety decision in light of the danger.

Universities are legally required under Title IX to address sex discrimination in education. Students who report to their Title IX Coordinator can also file a police report. Federal anti-discrimination law acknowledges that gender-based violence creates an unsafe and inequitable environment for students. Universities are required to respond to sexual violence reports to ensure that all students have equal access to education. The Title IX reporting process runs concurrently with a criminal investigation, it is not a replacement for a police report.

https://www.rainn.org/public-policy/legal-resources/michigan

University policies and procedures on sexual harassment/violence

Student welfare is the University’s primary concern. The Good Samaritan Provision is intended to encourage students to seek swift medical assistance for themselves and others without fear of penalty. Students are urged to not only take care of their own well-being but to behave in an equally responsible way with their peers.

There may be times when safety concerns arise from a student’s excessive drinking or drug use, and in these situations, students should not hesitate to seek help from the Residence Education and Housing Services staff, Public Safety and Police Services, medical or counseling professionals, and/or off-campus police out of fear of student conduct action. Under this Good Samaritan Policy, neither the student in distress nor the student or organization seeking assistance will ordinarily be subject to student conduct action for the possession, provision, or consumption of drugs or alcohol.

This policy refers to isolated incidents only, and does not excuse or protect those who flagrantly or repeatedly violate the Abuse of Alcohol and Other Drugs by Students and Student Organizations Policy, nor does it preclude disciplinary action arising from violations of other University policies. However, in cases involving additional policy violations, the University will consider the positive impact of reporting an incident as well as the health and safety needs of the involved student(s) when determining the appropriate course of action. This statement of intent applies only to administrative enforcement of the Code and does not provide immunity/amnesty from arrest or criminal prosecution

Supportive Measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. 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.

To officially report an incident of gender discrimination, sexual harassment, or sexual assault/violence, you may contact:

• Title IX/Sexual Misconduct Reporting Form
• Title IX Coordinator, Abbi Halkola, at titleix@mtu.edu, 906-487-3310, Administration Building 310
• Public Safety and Police Services, 906-487-2216
• Report a Concern
• Tip Line: Members of the Michigan Tech community may report items of concern using the anonymous tip form, or call 906-487-0TIP to speak with an officer of Public Safety and Police Services anonymously.
• Sexual Assault Resources
• The Office of Academic and Community Conduct: 906-487-2951
• Local Health Care

If you are not yet ready to make a private report, you could choose to seek confidential assistance.

You can find the complaint procedures for discriminatory harassment here.

 

Be supportive - listen to what they have to say, then encourage your friend to report the incident to the police or to the Title IX Coordinator. You could also consider reporting the incident yourself. You may also suggest that they contact a Counselor or Copper Shores. Please visit RAINN to find more information on how to help a loved one.

Yes. The criminal process and the policy violation process are separate processes, but can occur at the same time.

The privacy of all parties is a priority to Michigan Tech. However, sometimes, limited information must be disclosed in order to fully investigate a complaint. If you are concerned about confidentiality, you may want to seek confidential assistance or discuss this issue with the Title IX Coordinator.

Your confidentiality will be protected to the maximum extent possible, but anonymity may hinder an investigation into your complaint.

In order to file a Formal Title IX Complaint and proceed with the formal grievance process, the alleged perpetrator must be identified. But, if you do not want to reveal the respondent’s identity, the Title IX Coordinator can still provide information, offer supportive measures and connect you with valuable resources and assistance.

Yes. If you have concerns for your safety, Michigan Tech can provide No Contact Directives, SafeWalk services, academic accommodations, and other steps to assist you. In addition, Michigan Tech has a retaliation policy that is enforced if a complainant, respondent, or a witness is retaliated against for submitting a report or participating in the formal or informal grievance process.

If a Formal Complaint is filed, the Title IX grievance process will begin. The Title IX Coordinator sends a Notice of Allegations to all parties at the same time, detailing the allegations for parties involved. The Title IX Coordinator contacts both parties to explain the process and offer supportive measures.

Know yourRespondent Rights

If you need support contact:

for students: Center for Student Mental Health and Well Being at 906-487-2538

for employees: Employee Assistance Program

Off-campus incidents are included in the Title IX Sexual Misconduct Policy when the alleged conduct includes Sexual Harassment and Non-Harassment Title IX Discrimination under the Title IX Policy, the alleged conduct occurs in Michigan Tech’s Education Program and Activity, the alleged conduct occurs against a person in the United States, and the Complainant is participating in or attempting to participate in Michigan Tech’s Education Program or Activity. Other policies may also apply to off-campus incidents of sexual violence when the respondent is a student or employee of Michigan Tech.

Michigan Tech's priority is to prevent sexual harassment and violence. While the specifics of the situation will be considered, our primary focus will be to address the sexual harassment/violence. We do not want the involvement of alcohol to prevent the reporting of such serious misconduct. Michigan Tech does have a Good Samaritan clause.  However, the use of alcohol will not excuse the sexual harassment/violence.

No. Retaliation against an employee or student after they have complained about sexual harassment/violence or cooperating in an investigation of sexual harassment/violence is unlawful and can lead to serious consequences. An act of retaliation against a Complainant, Respondent, or witness in an investigation is a violation of the University policy. Any such retaliation constitutes a separate basis for a complaint, even if the initial complaint was found to be unsubstantiated or dismissed.

Retaliation against any persons who participate in the complaint procedures is prohibited by federal and state law and University policies. Retaliation exists when action is taken against a participant (whether a complainant, respondent, witness or investigator) which affects their employment, academic, or business status which is motivated in whole or in part by their participation in the process.

Retaliation for filing a complaint or participating in the complaint process may be found regardless of whether or not the underlying complaint is found to have merit. Persons who feel that they have been subject to retaliation because of filing or participating in the complaint procedure may file a complaint based on the alleged retaliation. See complaint procedures.

Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:

• An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct;
• 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 recipient's education program or activity¹; or
• Sexual Assault, Dating Violence, Domestic Violence or Stalking as defined in the Title IX Sexual Harassment Policy.

Sexual Assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, including Rape, Fondling, Incest, and Statutory Rape as defined in this Policy.

Rape means the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Fondling means 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 Incapacity

Incest means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape means sexual intercourse with a person who is under the statutory age of consent.

Dating Violence means violence committed by a person—who is or has been in a social relationship of a romantic or intimate nature with the victim; and 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. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Domestic Violence includes felony or misdemeanor crimes of violence committed by:

1. a current or former spouse or intimate partner of the victim,
2. a person with whom the victim shares a child in common,
3. a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
4. a person similarly situated to a spouse of the victim under the domestic or family violence laws of Michigan, or
5. any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of Michigan.

Stalking means 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 others; or
2. suffer Substantial Emotional Distress. Please find addition information about Stalking from RAINN.

For more information, Harassment and Discrimination Definitions.

Consent means...
https://www.mtu.edu/title-ix/assault-harassment/consent/

Risk reduction tips can often take a victim-blaming tone, even unintentionally. With no intention to victim-blame, and with recognition that only those who commit sexual violence are responsible for those actions, these suggestions may nevertheless help you to reduce your risk of experiencing a non-consensual sexual act.

Information on confidential assistance and online resources is available on the Title IX website. 

Preserving Evidence

Sexual violence can have psychological, emotional, and physical effects. It can be helpful to work with confidential resources such as counseling or an advocate to manage any traumatic effects after experiencing sexual violence. Learning more about the effects of sexual assault can help you find the best form of care to begin the healing process.

No, all genders and gender identities can be victims of sexual violence. Same gender and gender identity violence can and does occur.