Title IX Resources & Training

A "Mandated Reporter" (also known as an Officer with Authority) is a College employee who has the duty to report incidents of sexual violence or other student misconduct, or who a student could reasonably believe has this authority or duty.  The Title IX Coordinator is also a Mandated Reporter who also has the responsibility to investigate and address sexual misconduct.

Before a complainant reveals any information to a Mandated Reporter, the Mandated Reporter must ensure that the complainant understands the employee's reporting obligations – and, if the complainant wants to maintain confidentiality, direct the complainant to confidential resources.  Mandated Reporters will not pressure a complainant to pursue any reporting options, but will maintain neutrality.

When a complainant tells a Mandated Reporter about an incident of sexual misconduct, the complainant has the right to expect the College to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.  Within 24 hours of seeing, knowing of or being told of any behavior prohibited by the policy and procedures, a Mandated Reporter must report to the Title IX Coordinator all relevant details about the alleged sexual misconduct shared by the complainant, including the name(s) of the complainant, alleged respondent(s), and any witnesses, plus any other relevant facts, including the date, time and specific location of the alleged incident. 

To the extent possible, information reported to a Mandated Reporter will be shared only with people responsible for handling the College's response to the report. A Mandated Reporter must not share information with law enforcement without the complainant's consent or unless the complainant has also reported the incident to law enforcement.

Reports can be using the make a report button below or from the report an incident page on the public website.

Before a complainant reveals any information, explain your reporting obligations and ensure that they would like to continue.  If they agree, and it is not an emergency, gather the following information:

• • Name and ID number
  • Address
  • Email address
  • Name of accused
  • Names of any witnesses
  • Date/time/location of incident

Provide this information within 24 hours to the Title IX Coordinator directly or by completing the reporting form.

For emergencies, take the complainant directly to the Title IX Coordinator or to Public Safety.  Complainants who request confidentiality after learning of your reporting obligations can be directed to a licensed professional counselor in the counseling office.

Make a report

 

• • Mandated Reporters training handout (PDF) (Updated January 2020)
  • Faculty Mandated Reporter training slides (PDF) (Fall Learning Days 2021)
  • Assistance Resources

The following behaviors are prohibited under the Title IX Sexual Harassment Policy and the Sexual Misconduct & Gender Discrimination Policy and Procedures. Though some of the listed behaviors have the same name, they are defined differently in each policy. As a mandated reporter, it is not your responsibility to try to determine which policy a specific behavior would fall under, only that the behavior may be considered a prohibited behavior and that you need to report it to the Title IX Coordinator.

When we may not honor a request for confidentiality

• • If the report reveals a pattern of perpetration at a given location or by a particular group
  • If the sexual violence was perpetrated with a weapon
  • If the person subjected to the violence is a minor
  • If we can obtain relevant evidence by other means (i.e., security camera, personnel, physical evidence)
  • If there is an increased risk of the alleged perpetrator committing additional acts of sexual violence or other violence

When an individual makes a report of sexual misconduct to you, as a mandated reporter, it is NOT your job to determine whether or not the reported incident is in fact sexual misconduct.  Your job is to gather the required information and pass it along to the Title IX Coordinator within 24 hours.  However, it is important that you are able to recognize and identify sexual misconduct should you witness it or if an individual is reporting something to you unaware that the act is sexual misconduct. 

• • The Attitudes of Bystanders that May Allow Conduct to Continue (video)
  • The Potential for Victimization of Those Who May Have Experienced Sexual Misconduct and its Effects on that Person (video)
  • Appropriate Responses (video)
  • The Impact of Trauma on Those Who Experienced Sexual Misconduct (video)

A Title IX Advisor is a person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.  

Advisor expectations

• • Be willing to advise any party, respondent or complainant
  • Actively engage and be attentive during the hearing
  • Adhere to Board and College policies and procedures
  • Avoid biases and stereotypes
  • Allow the party to lead and act in the best interest of your party
  • Review sample cross-examination questions (PDF) during hearing preparation
  • Be open minded and without preconceived notions
  • Treat all participants with respect
  • Maintain confidentiality

Review Title IX Advisor Training

Submit Declaration of Impartiality

The Title IX Decision Maker is the individual who has decision-making and sanctioning authority for a complaint within the College’s Formal Grievance process.  The decision maker facilitates the live cross-examination hearing making relevancy determinations and independently reaches a final determination.

Decision maker expectations

• • Maintain impartiality by avoiding biases, conflicts of interest and prejudgments
  • Complete the declaration of impartiality for each case
  • Review the decision maker hearing script prior to the hearing
  • Maintain confidentiality
  • Follow all deadlines
    • Decision maker has five days following the hearing to submit deliberation statement to the Equity Office
  • Review notice of outcome drafts

Review Decision Maker Training

Submit Deliberation Statement

The Title IX Appellate is the individual with the power and authority to make the decision regarding an appeal.  Upon receipt of an appeal, they fill first complete a grounds review to determine if the appeal meets one of the required grounds and is filed timely.   If the grounds review determines that the appeal is accepted, the appellate will complete the appeal process  and submit an appeal determination with their final decision.

Appellate expectations

• Maintain impartiality by avoiding biases, conflicts of interest and prejudgments
• Complete the declaration of impartiality for each case
• Review all evidence before making a decision
• Maintain confidentiality
• Follow all deadlines and submit appropriate documentation
  
  • There is a five day comment period following the notice of appeal sent to both parties
  • Appellate has ten days to submit appeal determination following the close of the comment period
• Review appeal outcome drafts

Review Appellate Training Information

Submit Grounds Review

Submit Appeal Determination

• • The right to investigation and appropriate resolution of all credible reports or notice of sexual misconduct or discrimination made in good faith to college officials;
  • The right to be informed in advance of any public release of information regarding the incident;
  • The right of the reporting party not to have any personally identifiable information released to the public, without his or her consent. 
  • The right to be treated with respect by college officials; 
  • The right to have college policies and procedures followed without material deviation; 
  • The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.   
  • The right not to be discouraged by college officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities. 
  • The right to be informed by college officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses.  This also includes the right not to report, if this is the victim’s desire;  
  • The right to have reports of sexual misconduct responded to promptly and with sensitivity by campus law enforcement and other campus officials. 
  • The right to be notified of available counseling, mental health, victim advocacy, health, legal assistance, student financial aid, visa and immigration assistance, or other student services for victims of sexual assault, both on campus and in the community;  
  • The right to a campus no contact order (or a trespass order against a non-affiliated 3rd party) when someone has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the reporting party or others; 
  • The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual misconduct incident, if so requested by the victim and if such changes are reasonably available (no formal report, or investigation, campus or criminal, need occur before this option is available).  Accommodations may include:
    
    • Assistance from college support staff in completing the relocation;
    • Transportation accommodations;
    • Arranging to dissolve a housing contract and pro-rating a refund;
    • Exam (paper, assignment) rescheduling;
    • Taking an incomplete in a class;
    • Transferring class sections;
    • Temporary withdrawal;
    • Alternative course completion options.
  • The right to have the institution maintain such accommodations for as long as is necessary, and for protective measures to remain confidential, provided confidentiality does not impair the institution’s ability to provide the accommodations or protective measures. 
  • The right to be fully informed of campus policies and procedures as well as the nature and extent of all alleged violations contained within the report; 
  • The right to ask the investigators to identify and question relevant witnesses, including expert witnesses; 
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing; 
  • The right to regular updates on the status of the investigation and/or resolution.  
  • The right to preservation of privacy, to the extent possible and permitted by law; 
  • The right to meetings and/or interviews that are closed to the public; 
  • The right to petition that any member of the conduct body be recused on the basis of demonstrated bias; 
  • The right to bring a victim advocate or advisor of the complainant’s choosing to all phases of the investigation and resolution proceeding;  
  • The right to provide evidence by means other than being in the same room with the responding party; 
  • [The right to have the college compel the presence of student, faculty and staff witnesses, and the opportunity (if desired) to ask questions, [directly or indirectly], of all present witnesses [including the respondent], and the right to challenge documentary evidence]. 
  • The right to make or provide an impact statement in person or in writing prior to sanctioning; 
  • The right to be informed of the outcome and sanction of the resolution process in writing, without undue delay between the notifications to the parties, and usually within 1 business day of the end of the process;  
  • The right to be informed in writing of when a decision of the college is considered final, any changes to the sanction to occur before the decision is finalized, to be informed of the right to appeal the [finding and] sanction of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by the college;

• • The right to investigation and appropriate resolution of all credible reports of sexual misconduct made in good faith to college administrators;
  • The right to be informed in advance, when possible, of any public release of information regarding the report.
  • The right to be treated with respect by college officials;
  • The right to have college policies and procedures followed without material deviation;
  • The right to be informed of and have access to campus resources for medical, health, counseling, and advisory services;
  • The right to be fully informed of the nature, policies and procedures of the campus resolution process and to timely written notice of all alleged violations within the report, including the nature of the violation and possible sanctions; 
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus resolution process;
  • The right to petition that any member of the conduct body be recused on the basis of demonstrated bias;
  • The right to meetings and interviews that are closed to the public;
  • [The right to have the college compel the presence of student, faculty and staff witnesses, and the opportunity to ask questions, [directly or indirectly], of all present witnesses, and the right to challenge documentary evidence].
  • The right to have an advisor of their choice to accompany and assist in the campus resolution process. 
  • The right to a fundamentally fair resolution, as defined in these procedures;
  • The right to make or provide an impact statement in person or in writing prior to sanctioning;
  • The right to a decision based solely on evidence presented during the resolution process.  Such evidence shall be credible, relevant, based in fact, and without prejudice;
  • The right to be informed of the outcome and sanction of the resolution process in writing, without undue delay between the notifications to the parties, and usually within 1 business day of the end of the process;  
  • The right to be informed in writing of when a decision of the college is considered final, any changes to the sanction to occur before the decision is finalized, to be informed of the right to appeal the [finding and] sanction of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by the college.

 

The rules of decorum are intended to state certain basic principles concerning appropriate behavior and decorum for all Title IX hearings at Delta College. All participants in attendance shall abide by the following:

1. 1. Address parties respectfully using a preferred title of courtesy.
   2. With respect to parties and their advisors, confer quietly and quickly, as appropriate.
   3. Refrain from using intimidating physical actions.
   4. Refrain from any making gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval of the participant being questioned.
   5. Refrain from any yelling, verbal abuse, disruptive behavior, interrupting or talking over one another, name calling, or using profane or vulgar language (except where such language is relevant).
   6. Request breaks, as needed (up to 10 minutes per hour).
   7. During questioning, advisors must refrain from repeating, characterizing, editorializing, or otherwise stating any response to the answer given by the party or witness except to ask a follow up question to elicit relevant evidence.
   8. Turn off or silent all cell phones and/or other devices.
   9. Aside from the Equity Office, refrain from making any recordings (audio or video) of the hearing – you will have full access to the recordings until the case is closed.

Any participant refusing to comply with the rules of decorum will receive a warning and may cause undue delays to the hearing/resolution process if the inappropriate behavior continues.  Advisors (of choice or assigned) with continued failure to comply, may be removed all together.  In those instances, the College will provide an advisor to conduct the cross-examination in their place.

• • Hearing outline (PDF)
  • Federal Rape Shield Law
  • Michigan Rape Shield Law