Title IX & Equity Procedures

Delta College / Equity / Title IX / Title IX & Equity Procedures

Delta College holds as its key values; diversity, integrity, respect, excellence, leadership, innovation, teamwork, and existing as a learning-centered community. The safety and security of all members of the College community (students, employees, and visitors) is inextricably part of all of these values.

Sex discrimination, in any form, is in direct conflict with Delta College’s values and diminishes the safety and security of all members of the College community. Delta College’s Title IX & Equity Policy and Procedures were developed to take every reasonable measure to prevent, investigate, appropriately respond to, and mitigate the effects of incidents of discrimination. These procedures were created in accordance with State of Michigan and Federal regulations and reflect Delta College’s commitment to the safety of its community.

These procedures are subject to revision based upon the needs of the College community, the effectiveness (or lack thereof) of the procedures, identified best practices in the prevention, investigation, sanctioning, and mitigation of sexual misconduct incidents, and any changes in the applicable State of Michigan and/or Federal regulations governing sexual misconduct prevention, investigation, response, and mitigation. As always, the safety and security of Delta College’s students, employees, and visitors will be the primary concern.

Title IX & Equity Procedures

Introduction

In compliance with all federal and state laws and regulations, all members of the Delta College community, guests and visitors have the right to be free from all forms of harassment, discrimination and misconduct, examples of which may include acts of sexual violence, domestic violence, dating violence, sexual harassment and stalking. All members of the College community are expected to conduct themselves in a manner that does not infringe upon the rights of others. Delta College believes in zero tolerance for sex/gender-based misconduct. Zero tolerance means that when an allegation of misconduct is brought to an appropriate administrator’s or “Mandated Reporter's" attention, supportive and/or other remedial measures will be used to reasonably ensure that such conduct ends, is not repeated, as well as have limited effect on the victim and community.

The College’s sex/gender harassment, discrimination and misconduct processes are not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include controversial or sensitive subject matters. Academic freedom extends to topics that are pedagogically appropriate and germane to the subject matter of courses or are related to academic exploration of matters of public concern.

It is expected that all members of our College community will only engage in sexual activity that includes clear, knowing and voluntary consent prior to and during sexual activity. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you want or do not want sexually. Consent to one form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Previous consent does not imply consent to sexual activity in the future. Silence or passivity -- without actions demonstrating permission -- cannot be assumed to be consent. Consent, once given, can be withdrawn at any time. There must be a clear indication that consent is being withdrawn.

As outlined in the College's Amorous Relationship Policy, Delta College prohibits any of its employees from exercising authority over other persons with whom the employee has, or has had, an amorous relationship and prohibits amorous relationships between any employee with any student(s) enrolled at Delta College. There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as teacher and student, supervisor and employee). For positions that confer power, these relationships may be less consensual than perceived. The relationship may be viewed in different ways by each of the parties. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of sexual misconduct or violations of the College policies and/or procedures.

All Delta College faculty, staff and students are responsible for knowing the information, policies and procedures outlined in the Title IX & Equity Policy and Procedures. The College reserves the right to make changes to this document as necessary and once those changes are posted online, they are in effect. If government laws and regulations change in a way that impacts this document, this document will be construed to comply with government regulations in their most recent form.

Scope of Procedures

The College uses the preponderance of the evidence (also known as “more likely than not”) as a standard for proof of whether a violation occurred. In College resolution proceedings, legal terms like “guilt, “innocence” and “burdens of proof” are not applicable. College resolution proceedings are conducted to take into account the totality of all evidence available, from all relevant sources.

These procedures apply to all individuals who have an institutional relationship with Delta College (faculty, staff, students, visitors, etc.). They prohibit all behaviors that constitute sex disctimination between these individuals. These procedures can also apply to any act of sex discrimination, regardless of location, if it creates a hostile environment. Use of alcohol or other drugs will never excuse behavior.

Sex discrimination complaints and all related information and notes are confidential.

For purpose of these procedures, a person filing a complaint will be referred to as the “complainant” and the person being accused of a violation will be referred to as the “respondent.”

definitions

The following is a list of prohibited sex discrimination behaviors and their definitions. These definitions are in compiled from different resources that are in compliance with all federal and state laws and regulations. Anyone experiencing any of the behaviors listed below is encouraged to report it immediately to the Title IX Coordinator or to the DCDPS. Mandated reporters are required to report all known or suspected prohibited behaviors listed below to the Title IX Coordinator within 24 hours. Remedies, investigation of complaints and education and/or training will be provided in response.

Sexual Harassment

Sexual harassment is a form of discrimination that includes unwelcome behavior (verbal, written, physical) that is directed at someone because of that person’s sex or gender and that meets either of the following criteria:

Submission or consent to the behavior is believed to carry consequences for the person’s education or employment.
The behavior creates a hostile, intimidating or demeaning environment that is sufficiently severe, pervasive and objectively offensive to substantially interfere with or deny participation in a person’s educational activities and benefits or employment opportunities.

As defined by ATIXA (Association of Title IX Administrators)

Quid Pro Quo Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes sexual harassment when either submission to such sexual conduct is made explicitly or implicitly a term or condition of rating or evaluating an individual’s educational [or employment] progress, development, or performance.
This includes when submission to such conduct would be a condition for access to receiving the benefits of any educational [or employment] program.

As defined by ATIXA (Association of Title IX Administrators)

Sexual Assault/Abuse

¹Sexual assault includes any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the complainant is incapable of giving consent. Non-forcible sex offenses include unlawful, non-forcible sexual intercourse, incest and statutory rape. Other examples of sexual assault include, but are not limited to the following behaviors or attempted behaviors when consent is not present:

²Rape (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 complainant)
¹Non-consensual sexual contact is any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force (vaginal, anal and oral). Sexual Contact includes intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or any other intentional bodily contact in a sexual manner.
¹Non-consensual sexual intercourse is any sexual intercourse however slight, with any object, by a person upon another person that is without consent and/or by force. Intercourse includes: vaginal or anal penetration by a penis, object, tongue or finger, and oral copulation (mouth to genital contact), no matter how slight the penetration or contact.
Unwanted/forcible ²fondling (the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity) or touching of the genitals, buttocks, breast or other body part
Coercion or force to make someone else touch one’s genitals, buttocks, breast or other body part
Inducing consent through drugs or alcohol
Engaging in sexual activity with a person who is unable to provide consent due to the influence of drugs, alcohol or other condition
²Incest (non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law)
²Statutory Rape (non-forcible sexual intercourse with a person who is under the statutory age of consent)

¹As defined by ATIXA (Association of Title IX Administrators)
²As defined by the Hate Crime Data Collection Guidelines of the Uniform Crime Reporting Handbook

Gender-Based Harassment

Gender-Based harassment includes acts that do not involve conduct of a sexual nature, but which is unwelcome conduct based on a person’s actual or perceived sex, including harassing conduct based on a student’s gender expression, gender identity, transgender status, gender transition, or nonconformity with sex stereotypes. It includes behaviors that are verbal, nonverbal, graphic, physical aggression, intimidation, or hostile conduct which is sufficiently severe, persistent, or pervasive that interferes with or limits a person’s ability to participate in or benefit from the educational or work programs or activities.

As defined by OCR (Office for Civil Rights)

Domestic Violence

Domestic violence is a felony or misdemeanor crime of violence committed by one of the following:

A current or former spouse or intimate partner of the complainant
A person with whom the complainant shares a child in common
A person who is cohabiting with or has cohabited with the complainant as a spouse or intimate partner
A person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction
Any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction

As defined in VAWA (Violence Against Women Act)

Dating Violence

Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.

As defined in VAWA (Violence Against Women Act)

Sexual Exploitation

Sexual exploitation occurs when an individual takes non-consensual advantage of another person, even though the behavior might not constitute one of the other sexual misconduct offenses. Examples can include, but are not limited to the following behaviors:

Distribution or publication of sexual or intimate information about another person without consent.
Electronic recording, photographing or transmitting sexual or intimate utterances, sounds or images without knowledge and consent of all parties (including revenge porn).
Indecent exposure.
Sexual intimidation.
Stalking.
Voyeurism which involves both secretive observation or another’s sexual activity or secretive observation of another for personal sexual pleasure.
Intentionally or recklessly exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
Sexually-based stalking and/or bullying may also be forms of sexual exploitation

As defined by ATIXA (Association of Title IX Administrators)

Stalking

Stalking means a willful course of conduct involving repeating or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

Course of conduct is a pattern of conduct composed of a series of two or more separate non-continuous acts evidencing a continuity of purpose.
Emotional distress is significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
Harassment is conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would case a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.
Unconsented contact is any contact with another individual that is initiated or continued without that individual’s consent or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:

- Following or appearing within the sight of that individual.
- Approaching or confronting that individual in a public place or on private property.
- Appearing at that individual's workplace or residence.
- Entering onto or remaining on property owned, leased, or occupied by that individual.
- Contacting that individual by telephone.
- Sending mail or electronic communications to that individual.
- Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.

As defined by the State of Michigan

Cyberstalking

Cyberstalking is the use of the internet, email, or other electronic communications to stalk (see stalking definition above) and generally refers to a pattern of threatening or malicious behavior.

As defined by the State of Michigan

Retaliation

Retaliation is any adverse action taken against a person participating in a protected activity or because of that person’s participation in that protected activity.

As defined by ATIXA (Association of Title IX Administrators)

Intimidation

Intimidation is an implied or actual threat to commit a sex act against another person or behavior used to coerce participation in a sex act.

As defined by ATIXA (Association of Title IX Administrators)

Consent

In order to give consent, one must be of legal age (in the State of Michigan, only persons age 16 and older may provide consent). Consent is knowing, voluntary and clear permission, through word or action, to engage in mutually agreed upon sexual activity or contact. A person may withdraw consent at any time during sexual activity or contact through words or actions. If that happens, the other party must immediately cease the activity or contact. Pressuring another person into sexual activity can constitute coercion, force or threat which invalidates consent. Silence or the absence of resistance alone does not constitute consent. A complainant is not required to resist or say “no” for an offense to be proven. Consent to some forms of sexual activity (e.g., kissing, fondling, etc.) should not be construed as consent for other kinds of sexual activities (e.g., intercourse). Being or having been in a dating relationship with the other party does not mean that consent for sexual activity exists. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another nor does previous consent to sexual activity imply consent to sexual activity in the future. In addition, someone who is incapacitated (due to alcohol, drugs, is asleep or unconscious, or because of an intellectual or other disability that prevents them from having the capacity to give consent, etc.) cannot give consent.

As defined by ATIXA (Association of Title IX Administrators)

Incapacitation

Incapacitation is defined as a state in which individuals are unable to make rational, reasonable decisions because they lack the capacity to understand the "who, what, when, where, why, or how" of a situation or interaction. Individuals cannot give sexual consent if they can't understand what is happening, or if they are disoriented, helpless, asleep, unconscious, or because of any intellectual or other disability that prevents the person from having the capacity to give consent for any reason; that applies even if it is because they voluntarily consumed alcohol or drugs. Those engaging in sexual activity who know or should have known that the other party is incapacitated are engaging in sexual misconduct. The possession, use, distribution and/or administration of any incapacitating substances are prohibited.

As defined by ATIXA (Association of Title IX Administrators)

Assistance options

For information on immediate confidential assistance and ongoing assistance which includes both on and off campus emergency contacts, advocates, counselors and other support information, please see our listing of Assistance Resources.

Title IX Coordinator

Contact Information & Responsibilities

In compliance with all federal and state laws and regulations, the College’s Title IX Coordinator oversees compliance with all aspects of sex/gender harassment, discrimination and Title IX & Equity Policy and Procedures. Anyone wishing to make a report relating to sex discrimination may do so by reporting the concern to the College’s Title IX Coordinator:

Allie Martinez, Title IX Coordinator
1961 Delta Road, J101
University Center, MI 48710
Phone: 989-686-9547
Email: equityoffice@delta.edu

Additionally, anonymous reports can be made by victims and/or third parties using the online reporting form, or reporting to the College's anonymous Whistleblower's hotline at 989-758-3619. These anonymous reports may prompt a need for the College to investigate.

Individuals experiencing harassment or discrimination always have the right to also file a formal grievance with government authorities:

Office for Civil Rights,
Cleveland Office
U.S. Department of Education
1350 Euclid Avenue, Suite 325
Cleveland, OH 44115
Phone: 216-522-4970
Fax: 216-522-2573
Email: OCR.Cleveland@ed.gov

In the event that an incident involves alleged sex discrimination by the Title IX Coordinator, reports should be made directly to:

Dr. Michael Gavin, President
Delta College
1961 Delta Road
University Center, MI 48710
Phone: 989-686-9200
Email: michaelgavin@delta.edu

The College’s Title IX Coordinator has primary responsibility for coordinating the College’s efforts to comply with its responsibilities under Title IX, which prohibits sex discrimination or harassment in all operations of the College, as well as investigate complaints of retaliation as a result of making or participating in a Title IX investigation. In addition, the Title IX Coordinator oversees the College’s response to reports and complaints, monitors outcomes, identifies, and addresses any patterns and assesses effects of sexual misconduct at the College, so it can address issues that affect the College climate.

The Title IX Coordinator’s functions and responsibilities include the following:

Conduct adequate, reliable and impartial investigations of reports and complaints of sex discrimination.
Recommend to the appropriate vice president or designee requests for confidentiality by those who report or complain about sex discrimination in the context of the College’s responsibility to provide a safe and nondiscriminatory environment.
Take prompt steps to ensure the complainant’s equal access to the College’s programs and activities, and protect the complainant as necessary.
Consult with the appropriate vice president, while also notifying the College President of investigations and proposed remedies.
Implement identified remedies.
Propose sanctions to the appropriate vice president to ensure that they are reasonably calculated to stop the sex discrimination and prevent its recurrence.
Ensure ongoing compliance with Title IX, Violence Against Women Act (VAWA) and College procedures to address sex discrimination.
Provide or facilitate ongoing training, consultation and informational assistance on Title IX and VAWA for all students, faculty and staff.
The items listed in the Procedures section below.

Reporting Protocols

There are multiple options for making complaints, including confidential reports. The Title IX Coordinator will investigate all complaints, regardless of the date they are reported, in accordance witht the applicable policies and procedures in place at the time the conduct occured.

Reporting Options

Criminal Complaint

In the case of an emergency, call 911.

To file a criminal complaint, please contact one of the following law enforcement agencies. Law enforcement may share with the Title IX Coordinator information that may help with Delta College’s investigation. Office/lobby hours are listed below. All have 24 hour dispatch.

Delta College Department of Public Safety (DCDPS)
1916 Delta Road, University Center, MI 48710
Emergency Phone: 989-686-9111 (Extension 9111 from any College phone)
Non-Emergency Phone: 989-686-9113
Email: cops@delta.edu
Office: N-102
Fall/Winter Hours: Monday - Saturday 7am - 11pm, Sunday 11am - 7pm
Spring/Summer Hours: Monday - Saturday 7am - 11pm, Sunday Closed

Bay City Department of Public Safety: Law Enforcement Division
501 Third Street, Bay City, MI 48708
Phone: 989-892-8571
Hours: Monday - Friday 7am - 4pm

Midland Police Department: Law Enforcement Center
2727 Rodd Street, Midland, MI 48640
Phone: 989-631-5716
Hours: Monday - Friday 8am - 5pm

Saginaw Police Department
612 Federal Avenue, Saginaw, MI 48607
Phone: 989-797-4580

Michigan State Police Tri-City Post
2402 Salzburg Road, Freeland, MI 48623
Phone: 989-495-5555
Hours: Monday - Friday 8am - 4pm

Upon receiving a complaint, law enforcement will follow their procedures which could result in prosecution of the respondent. Outcome of a criminal investigation may or may not have a bearing on an internal investigation and results.

Institutional Complaint

To file a complaint with Delta College, please contact the Title IX Coordinator or the Delta College Department of Public Safety at the contact information below:

Delta College Title IX Coordinator
Allie Martinez
Phone: 989-686-9547
Email: equityoffice@delta.edu
Fall/Winter Hours: Monday - Thursday 8am - 4:30pm, Friday 8am - 4pm
Spring/Summer Hours: Monday - Thursday 7:30am - 5:30pm, Friday Closed

Delta College Department of Public Safety (DCDPS)
1916 Delta Road, University Center, MI 48710
Emergency Phone: 989-686-9111 (Extension 9111 from any College phone)
Non-Emergency Phone: 989-686-9113
Office: N-102
Email: cops@delta.edu
Fall/Winter Hours: Monday - Saturday 7am - 11pm, Sunday 11am - 7pm
Spring/Summer Hours: Monday - Saturday 7am - 11pm, Sunday Closed

All sex discrimination complaints filed with the Delta College Department of Public Safety are not confidential complaints and are required to be reported to the Title IX Coordinator. The Delta College Department of Public Safety will not share the complaint with other Delta College employees or departments.

Upon receipt of a non-confidential complaint, the Title IX Coordinator will initiate an investigation. If the complainant chooses to also file a criminal report with the Delta College Department of Public Safety their staff may also participate in the interview of the complainant, any possible witnesses and the respondent. Based upon the information received, there may be multiple interviews with all parties. At the completion of the interviews, the Title IX Coordinator and the Delta College Department of Public Safety will determine next steps, which may include a recommendation of disciplinary actions. If the complaint involves criminal actions, prosecution in a criminal court could result.

Upon receipt of a request for confidentiality in a sex discrimination complaint, the Title IX Coordinator will confer with the appropriate vice president to determine if the request can be honored. For more information, see the section above - Requests for Confidentiality.

Reporting to a Mandated Reporter

A “Mandated Reporter” 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.

All College employees, except those deemed Confidential Resources, are Mandated Reporters.

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.

If the complainant still wants to tell the Mandated Reporter what happened but also maintain confidentiality, the Mandated Reporter must tell the complainant that the College will consider the request, but cannot guarantee that the College will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the Mandated Reporter will also inform the Title IX Coordinator of the complainant’s request for confidentiality. In cases indicating pattern, predation, threat, weapons and/or violence, the College will likely be unable to honor a request for confidentiality. In cases where the reporting party requests confidentiality and the circumstances allow the College to honor that request, the College will offer interim supports and remedies to the reporting party and the community, but will not otherwise pursue formal action. Regardless if a complainant does or does not request confidentiality, a Mandated Reporter must not share any reported information with anyone outside the Title IX Coordinator or designee.

When a complainant tells a Mandated Reporter about an incident of sex discrimination, 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 these 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 (if the person has not experienced a sexual assault, ask them for their telephone number, address and email address)
alleged respondent(s)
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.

Reporting to the Title IX Coordinator

A person should contact the Title IX Coordinator in order to:

file a complaint or make a report of sex discrimination, and/or sexual misconduct,
seek information or training about personal rights and courses of action available to resolve reports or complaints that involve potential sexual misconduct,
notify the College of an incident or policy or procedure that may raise potential Title IX concerns,
provide ongoing support during the disciplinary or criminal process
get information about available resources (including confidential resources) and support services relating to sexual misconduct
ask questions about the College’s policies and procedures related to sex discrimination.

All Mandated Reporters will receive adequate and ongoing training on how to report incidences of sex discrimination. The Title IX Coordinator will also receive adequate and ongoing training on how to respond to and investigate sex discrimination.

Privileged and Confidential Disclosures

Professional Counselors

Michigan Licensed Professional Counselors (LPC) who provide mental-health counseling to members of the College community (and including those who act in that role under the supervision of a licensed counselor) are not required to report any information about an incident to the Title IX Coordinator without a complainant’s permission. They are, however, required to immediately provide the individual with the name and contact information of the Title IX Coordinator. Please note that this only applies to an LPC employed in that capacity by Delta College. With the complainant’s permission, the LPC becomes a Mandatory Reporter.

Following is the contact information for Delta College’s Michigan Licensed Professional Counselors:

Delta College Counseling
Personal Counseling: Walk-in or by appointment
Phone: 989-686-9330 Office Location: D102
Email: confidentialcounsel@delta.edu
Fall/Winter Hours: Monday - Thursday 8am - 4:30pm, Friday 8am - 4pm, Saturday - Sunday Closed
Spring/Summer Hours: Monday - Thursday 7:30am - 5:30pm, Friday - Sunday Closed

On Campus Non-Professional Counselors and Advocates

At this time, Delta College does not have non-professional counselors and advocates on staff. Complainants may be referred to outside agencies.

For a listing of off-campus confidential counselors and advocates, please see the assistance options listed above.

Confidential Disclosures

A complainant who speaks to a Licensed Professional Counselor must understand that, if the complainant wants to maintain confidentiality, the College may be unable to conduct an investigation into the particular incident, provide immediate remedies or pursue disciplinary action against the respondent.

Even so, Delta College counselors will still assist the complainant in receiving other necessary protection and support, such as complainant advocacy, academic support or accommodations, disability, health or mental health services, and changes to working or course schedules.

A complainant who at first requests confidentiality may later decide to file a complaint with the College or report the incident to local law enforcement, and thus have the incident fully investigated. Delta College Licensed Professional Counselors will provide the complainant with assistance if the complainant requests to do so.

In certain circumstances, confidentiality may not be able to be maintained. If the College determines it cannot honor the request for confidentiality because of the severity of the misconduct, the complainant will be notified of the decision to move forward in the investigation and the rationale for doing so.

NOTE: While Licensed Professional Counselors may maintain a complainant’s confidentiality vis-à-vis the College, they may have reporting or other obligations under state law, such as mandatory reporting to law enforcement in case of minors; imminent harm to self or others and requirement to testify if subpoenaed in a criminal case.

ALSO NOTE: If the College determines that the alleged respondent(s) poses a serious and immediate threat to the College community the following roles may be called upon by the Director of the Department of Public Safety to provide information to assist with the determination to issue a timely warning:

Law enforcement unit employees, including student employees
Administrators
Athletic director and coaches
Faculty and staff advisors to student organizations
Student and Civic Engagement department staff
Coordinators at College off location sites in Saginaw, Bay City and Midland
Study abroad coordinators and College sponsored trip leaders
Title IX Coordinator

Request for Confidentiality

Complainants may make confidential reports directly to the Title IX Coordinator. (The Title IX Coordinator and the appropriate College Vice President will together determine the extent to which Delta College can honor the request as doing so may limit our ability to investigate the particular matter.) If possible, Delta College will determine how to limit the effects of the alleged sex discrimination and prevent its recurrence without initiating formal action against the alleged respondent or revealing the identity of the complainant. Examples include, but are not limited to: providing increased monitoring, supervision, or security at locations or activities where the alleged misconduct occurred; providing training and education materials for students and employees; revising and publicizing the school’s policies on sexual misconduct; and conducting climate surveys regarding sexual misconduct.

Clery Act

Campus Security Authorities (CSAs), as defined by the Clery Act, have an obligation to report allegations of Clery Act-defined crimes they conclude are made in good faith. These crime allegations should be reported to the Delta College Public Safety Department. In the event of an allegation of sexual misconduct, the Title IX Coordinator will also be informed, unless requested to a Licensed Professional Counselor. The Clery Act definition of Campus Security Authorities includes Delta College personnel beyond Delta College Public Safety Department police officers. An official of Delta College who has significant responsibility for student and campus activities, including but is not limited to, coaches, student organization advisors, and those involved in student discipline or campus judicial proceedings are a Campus Security Authority. The intent of including non-law enforcement personnel as Campus Security Authorities is to acknowledge that many individuals, and students in particular, are hesitant about reporting crimes to the police, but may be more inclined to report incidents to other campus-affiliated individuals. Crimes may be reported to CSAs for inclusion in the annual security report without personal identifiable information. Individuals should report sex discrimination and/or sexual misconduct crimes immediately to the Delta College Public Safety Department or the Title IX Coordinator for the purposes of having the incident assessed for a timely warning notice and for the purpose of annual statistical disclosure.

Timely Warnings

Timely Warnings are used for crimes that have already occurred but still pose a potential threat. The timely warning is triggered when the Delta College Public Safety Department identifies a reported crime that poses a potential ongoing or serious threat to students, faculty, staff and/or guests. The College community will be notified in these instances. These incidents must have been reported to Delta College Public Safety Department or the information must have been relayed to Delta College Public Safety Department after having been taken by another local law enforcement agency. Warnings will be provided to students, employees, and the College community in a manner that is timely, that withholds the names of complainants as confidential and that will aid in the prevention of similar occurrences. Reports will be evaluated on a case-by‐case basis based on the circumstances and timeliness of the report, proximity to a College campus, and the nature of the Clery-‐reportable crime. Based on the evaluation of the report, a timely warning may be issued. Those crimes that could initiate a timely warning include, but are not limited to:

Murder
Non--Negligent Manslaughter
Sexual Offenses
Robbery
Aggravated Assault
Arson
Motor Vehicle Theft
Hate Bias Crimes

Third-Party and Anonymous Reporting

Complainants and witnesses can report misconduct on a voluntary, confidential and anonymous basis by submitted an online report, by emailing report@delta.edu, or calling and leaving a message with the College’s anonymous Whistleblower’s Reporting Line at 989-758-3619.

Retaliation

Retaliation is strictly prohibited by law and Delta College. Any retaliatory action of any kind taken by or against any member of the Delta College community seeking a remedy under these procedures, cooperating in an investigation or otherwise participating in any proceeding, including disciplinary process under these procedures, is prohibited and must be reported to the Title IX Coordinator immediately.

Complaints of retaliation can be filed directly with the Title IX Coordinator by emailing equityoffice@delta.edu, calling 989-686-9547, or by making an anonymous complainant at report@delta.edu. Complainants and witnesses can also report retaliation by calling and leaving a message with the College’s Anonymous Whistleblower’s Reporting Line at 989-758-3619. Upon a report of retaliation, the Title IX Coordinator will conduct an investigation. Delta College will take strong responsive action if an investigation confirms retaliation.

Attempted Violations

The College will treat attempts to commit any of the violations listed in the Title IX & Equity Policy and Procedures as if those attempts had been completed and deemed as violations of Delta College policies and procedures.

False Reports

The College will not tolerate intentional false reporting of incidents of sex discrimination. It shall be a violation of other Delta College policies and procedures to make an intentionally false report of any violation and it may also violate state criminal statutes and civil defamation laws.

Amnesty

For any person making a complaint or participating in an investigation, Delta College will consider amnesty from drug, alcohol, and other student conduct policies, on a case-by-case basis.

investigation PROCEDURES & Protocols

Title IX Coordinator Roles and Responsibilities

In addition to those items listed above in the Title IX Coordinator section, the Title IX Coordinator has primary responsibility for all aspects of the investigation procedures and protocols. The Title IX Coordinator or College designee will conduct an investigation to determine whether a violation occurred. Based upon the evidence collected, the Title IX Coordinator and the appropriate College vice president will determine the disciplinary action given to all policy violators. All investigations and proceedings of sex discrimination shall be conducted by the Title IX Coordinator who receives annual training on the nature and types of cases, how to conduct an investigation and how to conduct a proceeding in a manner that protects the safety of survivors and promotes accountability.

Resolution Options

All investigations and proceedings of sex discrimination shall be conducted by the Title IX Coordinator. Upon receipt of a complaint of sexual misconduct, the following procedures will be followed, but not necessarily in order:

In coordination with campus partners, initiate any necessary and immediate actions;
Determine the identity and contact information of the complainant;
Identify the policies allegedly violated;
Conduct an immediate initial inquiry to determine if there is reasonable cause to charge the respondent, and what policy violations should be alleged as part of the report (if there is insufficient evidence to support reasonable cause, the inquiry should be closed with no further action);
Meet with the complainant to finalize their statement and
Prepare the notice of charges on the basis of the initial inquiry;
Commence a thorough, reliable and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews of all witnesses and the respondent, who will be given notice (prior to or at the time) of the interview;
Complete the investigation promptly;
Provide regular updates to both the complainant and respondent, as appropriate, throughout the investigation;
Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not)
Share a draft report with the parties and allow them a two business day period of comment before a report is finalized;
Share the findings with both parties;
If a finding is made where there are adverse sanctions based solely on credibility, the respondent will have the opportunity to cross-examine the complainant and any adverse witnesses (see Cross-Examination Rules & Procedures)
If multiple people are involved in one incident, each person’s involvement will be investigated and decided separately.
Share the findings without including personal identifiable information with the College President.

At any point during the investigation, if it is determined there is no reasonable cause to believe that College policy/procedure has been violated, the Title IX Coordinator has authority to terminate the investigation and end resolution proceedings.

All investigations will:

Be consistent with Delta College’s Sexual Misconduct and Gender Discrimination Policy and Procedures
Be consistent and transparent to both the complainant and the respondent
Be timely; the complainant and the respondent will receive timely notices for meetings
Be conducted by a person who will not have a conflict of interest or bias for or against the complainant or respondent

Other procedural processes may be utilized as required by the circumstances.

Investigation Process

Informal Resolution

Informal Resolution must be elected and agreed upon by all parties. Three options for Informal Resolution are detailed in this section, and the Grievance Process is detailed starting in the next section. The Informal Resolution process is not offered when resolving complaints alleging that an employee sexually harassed a student.

Informal Resolution
- Supportive Resolution: When the Title IX Coordinator/Equity Officer can resolve the matter informally by providing supportive measures (only) to remedy the situation.
- Alternative Resolution: When the parties agree to resolve the matter through an alternative resolution mechanism as described below, usually before a formal investigation takes place;
- Accepted Responsibility: When the Respondent accepts responsibility for violating policy, and desires to accept a sanction(s) and end the resolution process;

A Complainant or Respondent who wishes to initiate Informal Resolution should contact the Title IX Coordinator/Equity Officer. The parties may agree as a condition of engaging in Informal Resolution that statements made or evidence shared during the Informal Resolution process will not be considered in the Formal Grievance Process unless all parties consent.

It is not necessary to pursue Informal Resolution first in order to pursue a Grievance Process, and any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Grievance Process.

Prior to implementing Informal Resolution, Delta College will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by Delta College. Delta College will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution.

The individual facilitating an Informal Resolution must be trained and cannot be the Investigator, Decision-maker, or Appeal Decision-maker. If an investigation is already underway, the Title IX Coordinator/Equity Officer has discretion to determine if an investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.

Supportive Resolution

The Title IX Coordinator/Equity Officer will meet with the Complainant to determine reasonable supportive measures that are designed to restore or preserve the Complainant’s access to Delta College’s education program and activity. Such measures can be modified as the Complainant’s needs evolve over time or circumstances change. If the Respondent has received the NOIA, the Title IX Coordinator may also provide reasonable supportive measures for the Respondent as deemed appropriate. This option is available when the Complainant does not want to engage the other resolution options, and the Title IX Coordinator does not initiate a Complaint.
Alternative Resolution

Alternative Resolution is an informal approach by which the parties reach a mutually agreed upon resolution of an allegation. All parties must consent to the use of an Alternative Resolution approach.

The Title IX Coordinator/Equity Officer may look to the following factors to assess whether Alternative Resolution is appropriate, or which form of Alternative Resolution may be most successful for the parties:
- The parties’ amenability to Alternative Resolution;
- Likelihood of potential resolution, taking into account any power dynamics between the parties;
- The parties’ motivation to participate;
- Civility of the parties;
- Results of a violence risk assessment/ongoing risk analysis;
- Disciplinary history;
- Whether an emergency removal is needed;
- Skill of the Alternative Resolution facilitator with this type of allegation;
- Complaint complexity;
- Emotional investment/capability of the parties;
- Rationality of the parties;
- Goals of the parties;
- Adequate resources to invest in Alternative Resolution (time, staff, etc.)

The Title IX Coordinator/Equity Officer makes the ultimate determination of whether Alternative Resolution is available and will assign the case to an Informal Resolution Faciliatator.The Informal Resolution Facilitator is authorized to negotiate a resolution that is acceptable to all parties, and/or to accept a resolution that is proposed by the parties, usually through their Advisors, and will submit the final report to the Title IX coordinator/Equity Officer for review.

Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the Alternative Resolution process. The Title IX Coordinator will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the Alternative Resolution.

The Title IX Coordinator/Equity Officer maintains records of any resolution that is reached, and failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions. Results of complaints resolved by Informal Resolution or Alternative Resolution are not appealable.

C. Respondent Accepts Responsibility for Alleged Violations

The Respondent may accept responsibility for all or part of the alleged policy violations at any point during the resolution process. If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused, and the Title IX Coordinator/Equity Officer will determine whether Informal Resolution can be used according to the criteria above.

If Informal Resolution is applicable, the Title IX Coordinator/Equity Officer will determine whether all parties and Delta College are able to agree on responsibility, sanctions, and/or remedies. If so, the Title IX Coordinator/Equity Officer implements the accepted finding that the Respondent is in violation of Delta College policy and implements agreed-upon sanctions and/or remedies, in coordination with other appropriate administrator(s), as necessary.

This result is not subject to appeal once all parties indicate their written consent to all agreed upon terms of resolution. When the parties cannot agree on all terms of resolution, the Formal Grievance Process will resume at the same point where it was paused.

When a resolution is accomplished, the appropriate sanction or responsive actions are promptly implemented in order to effectively stop the harassment or discrimination, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

Standard of Proof

In every sexual misconduct investigation, the standard of proof required is a preponderance of evidence (the evidence demonstrates that it is more likely than not that the conduct occurred). This standard is often referred to as a “50% plus a feather.”

Investigator

The Title IX Coordinator is the trained individual who conducts the investigation of complaints and determines whether the alleged sexual misconduct occurred.
At the conclusion of an investigation, the Title IX Coordinator makes a determination based on the information gathered and proposes recommended sanctions to one of the following, who will then make the final determination of sanctions:
The College is committed to ensuring that its resolution processes are free from actual or perceived bias or conflicts of interest that would materially impact the outcome. Any person who feels that there is actual or perceived bias or conflict of interest that would materially impact the outcome should submit a written petition for the person’s removal from the process. The petition should include specifics as to the actual or perceived bias or conflict of interest and why the petitioner believes the bias or conflict could materially impact the outcome. Such petitions must be made to the Title IX Coordinator, or to Dr. Michael Gavin, President in the event that the potential conflict of bias involves the Title IX Coordinator.

Rights and Roles in the Investigation Process

The complainant and the respondent have the following rights and roles in the investigation process:

Both parties will receive a Notice of Investigation

Both parties will have an opportunity to present witnesses and evidence. Neither party will be allowed to cross-examine others, unless a finding results in adverse sanctions that is based solely on credibility (see Cross-Examination Rules & Procedures). The respondent or witnesses will not be able to question or bring evidence about the complainant’s prior sexual conduct with anyone other than the respondent.
Evidence of a prior consensual dating or sexual relationship between the parties by itself does not imply consent or preclude a finding of sexual misconduct.
All rights given to the respondent will also be extended to the complainant.
At any point during the investigation, if it is determined there is no reasonable cause to believe that the Sexual Misconduct and Gender Discrimination Policy and Procedures have been violated, the Title IX Coordinator has the right to terminate the investigation and end resolution proceedings.
Neither party, or their advisors, shall be permitted to record any interview or meeting. The Title IX Coordinator, or designee, will record all interviews for transcription purposes. Transcripts will be provided to the parties, typically within one week following their interview, and will have 2 business days to review and comment. Any comments received after 2 business days will not be considered.

Possible Results of Investigation Process

Remedies/Accommodations for the Complainant

Upon receiving a report of sexual misconduct, the College will provide the complainant with a written explanation of available on campus and local community resources. Some possible remedies are listed below, and the College determines which measures are appropriate on a case-by-case basis. Not all of the measures listed below will be necessary in every case to keep complainants safe and ensure equal access to educational programs and activities. If the complainant identifies an interim measure that is not already provided by the College, the College will consider whether the request can be granted.

Academic accommodations
Counseling services
Assistance in arranging for alternative College employment arrangements and/or changing work schedules
A “No contact” directive pending the outcome of an investigation
A “No Trespass” directive pending the outcome of an investigation
An escort to ensure that the person can move safely between school/work programs and activities

The College will work with complainants to identify which interim measures are appropriate in the short term (e.g., during the investigation), and will continue to work collaboratively throughout the College’s process and as needed thereafter to assess whether the instituted measures are effective, and if not, what additional or different measures are necessary to keep the complainant safe. In those instances where interim measures affect both a complainant and the respondent, the College will minimize the burden on the complainant wherever appropriate.

Additional Remedies for the College Community

Remedies for the complainant may also be appropriate for the College community as well. The Title IX Coordinator and the appropriate Vice President will determine, on a case-by-case basis, appropriate remedies for the College community.

Conduct Sanctions and Penalties

For full descriptions of the sanctions listed below, please see the Student Handbook.

Students: Delta College may impose any sanction, penalty, remedial action, educational activity or community-service requirement that it deems appropriate. Those consequences may include, but are not limited to:

Any sanction may be with or without other restrictions, or may be in any combination thereof. Failure to comply with the terms of the sanction(s) may result in additional disciplinary action. Copies of the notice for any penalty or sanction may be sent to appropriate College offices. In the case of expulsion, the Equity Office will request OIT to terminate the student’s electronic access.

Employees: Discipline will ordinarily follow the progressive steps described below, except that the College reserves the right to add to, repeat, skip or omit steps as it deems appropriate. In the case of termination, the President has sole authority to terminate an employee.
- - Administrative Office Professional - verbal warning, written discipline/warning, final warning & suspension and termination/discharge
  - Facilities Management - verbal warning, written discipline/warning, final warning & suspension and termination/discharge
  - Faculty (Full Time) - verbal warning, written discipline/warning, final warning & suspension and termination/discharge
  - Food Services - verbal warning, written discipline/warning, final warning & suspension and termination/discharge
  - Part Time Employees including Adjunct Faculty - verbal warning, written discipline/warning, final warning & suspension and termination/discharge
  - Support Staff - verbal warning, written discipline/warning, final warning & suspension and termination/discharge
  - Temporary Employees - verbal warning, written discipline/warning, final warning & suspension and termination/discharge
Please note, 3.021 of the Senate Handbook (Progressive Discipline for Faculty for Reasons Other Than Teaching Effectiveness) is not part of this process.

Visitors: Discipline actions may include suspension or expulsion from College buildings and/or properties and/or events as the College deems appropriate.

Investigation Results/Notice of Outcome

Both the complainant and the respondent will receive the written notice of outcome of the results of the investigation. Should either individual be under the age of 18, the notice of outcome will also be sent to the parents of that individual.
Delta College will not require a party to abide by a nondisclosure agreement, in writing or otherwise, that would prevent that re-disclosure of information related to the outcome of the proceeding.
The notice of outcome will include any initial, interim, or final decision by the College; any sanctions imposed by the College; and the rationale for the result and the sanctions.

Time Frame

It is anticipated that the disciplinary proceedings will be completed within 60 days of the initial complaint. The Title IX Coordinator will provide an explanation of the procedures for disciplinary action in cases of all sexual misconduct. If for good cause a delay occurs, there could be an extension of timeframes. Additionally, the Title IX Coordinator will provide a written notice of the delay and the reason(s) for the delay to the complainant(s) and the respondent(s).

Preserving Evidence

The complainant should preserve all evidence that relates to sex discrimination. Appropriate evidence includes, but is not limited to:

emails
text messages
messages or images posted to social media sites
history of telephone calls, including voicemail messages
pictures of bruises/scratches, etc. (with date and time stamps)
journal or diary entries (with date and time stamps)
law enforcement reports
medical reports

Equitable Rights

All complainants and respondents of sex discrimination will receive due process. This includes timely and specific notice of charges; an investigation that includes interviews with all witnesses and the complainant, respondent, and a notice of outcome of the investigation. The complainant and the respondent will both be provided with the same opportunity to have a support person/advisor of his/her choice accompany him/her to meetings. Procedures conducted by the Title IX Coordinator will be prompt, fair and impartial to ensure due process from the initial investigation to the final result/application of sanctions.

Participation of Advisors in the Resolution Process

All parties are entitled to choose one advisor to guide and accompany them throughout the College resolution process. The advisor may be a friend, colleague, family member, attorney or another person a party chooses to advise them. People who will be called as witnesses may not serve as advisors. The College has no responsibility to inform advisors of meetings, procedures, etc.

The parties are entitled to be accompanied by their advisor in all meetings and interviews at which the party is entitled to be present, including intake, interviews, hearings and appeals; except as otherwise indicated below. Advisors should help their advisee's prepare for each meeting, and are expected to advise ethically, with integrity and in good faith. The College cannot guarantee equal advisors, meaning that if one party selects an advisor who is an attorney, but the other party does not, or cannot afford an attorney, the College is not obligated to provide one. Advisors who are from outside of the College cannot have access, written or otherwise, to any identifiable student information.

All advisors are subject to the same campus rules, whether they are attorneys or not. Advisors may not present on behalf of their advisee in a meeting or participate in interviews. Advisors may confer quietly and quickly with their advisee's, as long as they do not disrupt the process. For longer or more involved discussions, the parties and their advisors should ask for breaks or step out of meetings to allow for private conversation.

Advisors cannot participate or interfere with the College investigation and resolution. Any advisor who steps out of their role in any meeting will be warned once and only once. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the advisor will be required to leave the meeting. When an advisor is removed from a meeting, the meeting will continue without the advisor. Subsequently, the Title IX Coordinator will determine whether the advisor may be reinstated, may be replaced by a different advisor, or whether the party will forfeit the right to an advisor for the remainder of the process.

Where an employee is a member of a union and entitled to a union representative in the process, that employee may be accompanied by the union representative as their advisor or may choose an advisor in addition to their union representative. If this occurs, the other party may have two advisors as well.

The parties must advise the Title IX Coordinator of the identity of their advisor(s) at least two (2) business days before the date of their first meeting. The parties must provide subsequent timely notice to the Title IX Coordinator if they change advisors at any time. A party may elect to change advisors during the process, and is not locked into using the same advisor throughout. Advisors cannot record any meeting or portions of the investigations.

Notifications of Complaints to Supervisors

During the preliminary process stage of the investigation, the Title IX Coordinator will ask the complainant and the respondent if they would like their supervisor to be informed of the complaint. Each parties’ decision will be upheld at this point within the process. If the investigation ensues and a violation is found, the applicable vice president will determine the appropriateness of informing the employee’s supervisor.

(Only Delta College faculty, staff and student employees)

Parallel Investigations

With Law Enforcement: At this time, Delta College does not have a Memorandum of Understanding (MOU) with any law enforcement agency. Upon notification by off-campus law enforcement of sexual misconduct, the Title IX Coordinator must initiate and complete an investigation of any non-confidential complaint. If the complainant wishes to pursue a criminal complaint via law enforcement, the Title IX Coordinator investigation may run parallel to a law enforcement investigation. Through a subpoena, law enforcement may request information pertaining to the investigation from Delta College. Delta College will comply with all state and federal laws pertaining to subpoenas.

With Human Resources (for faculty, staff and student employees): If a complaint is filed against an employee, the Director of Human Resources, or designee, will participate in the College investigation and processes. Human Resources role is to ensure all internal policies and procedures are followed and will be involved in the decision and implementation of any sanctions given for violations.

Supportive Measures and Academic Modifications

In addition to those supportive measures previously described in the ongoing assistance section, the Title IX Coordinator or their designee will determine whether interim interventions and supportive measures should be implemented, and, if so, take steps to implement those measures as soon as possible. Examples of supportive imeasures include, but are not limited to a College order of no contact, adjustment of course schedules, a leave of absence or reassignment to a different supervisor, position or location. These remedies may be applied to one, both, or multiple parties involved. Violations of the Title IX Coordinator’s directives or supportive measures may constitute related violations that could lead to additional disciplinary action. Supportive measures imposed may be temporary pending the results of an investigation or may become permanent as determined by Delta College. Supportive measures can be appealed by the individual the supportive measure applies to at any time.

APPEAL PROCEDURES

Appeal Process

All sanctions imposed will be in effect during an appeal. Both parties will have five business days from receipt of the investigation results to file an appeal on the grounds of new evidence, a procedural error or a conflict of interest.

Students will file an appeal and it will be assigned tothe appropriate College Dean.

*Information on how to appeal will be provided in the Notice of Outcome letter sent to the complainant and the respondent.

For each appeal option, the following information must be included:

For the consideration of new evidence, unavailable during the original investigation, that could substantially impact the original finding or sanction, include a summary of this new evidence and its potential impact.
For a substantive procedural error include how the institution's procedures weren't followed and how that impacted the outcome.
For a conflict of interest include specific information on the conflict of interest or the substantiated bias and how it impacted the outcome.

The original finding(s) and sanction(s) will stand if the appeal request is not timely and/or substantively validated. The person(s) requesting appeal must show clear error and/or a compelling justification to modify a sanction, as both finding and sanction are presumed to have been decided reasonably and appropriately during the investigation.

Different designees for appeals are assigned to faculty, staff and students/visitors. The appropriate designee shall notify the person filing an appeal in writing of the decision of the appeal within 20 business days of receipt of the appeal. If it is deemed by the designee that more time is needed to fully investigate the new evidence, a written notice of an extension will be sent to both parties. The designee’s decision shall be final. If an appeal is approved or new evidence is found, a new Notice of Outcome will be sent to both parties.

prevention, education & training

Delta College provides many programs and training opportunities to enhance awareness of sex discrimination. We commit to continue to offer a variety of programs that allow our students, faculty, staff, and community members the opportunity to better understand sexual misconduct, available resources, risk reduction, safety tips, and effective bystander strategies. Please check our Annual Security Report (ASR) for detailed information on these programs.

Bystander Intervention Strategies

If you see or feel that someone could become a complainant of sexual misconduct or is being victimized, you are a bystander. Sometimes as bystanders, we don’t know what we should or can do to prevent, stop or mitigate sexual misconduct. However, when bystanders get involved, their interventions can save a person from further trauma and/or save a person’s life. Bystander interventions can be very effective. Please consider the situation and your safety before intervening.

The following list of intervention tips are not meant to be exhaustive, but to provide suggested strategies that may protect someone and that can keep the environment safe for everyone.

Bystander intervention tips:

Call law enforcement.
Don’t just be a bystander—if you see something, intervene in any way you safely can.
Register your lack of approval for harassment or sexist comments by walking away from the offensive person or group.
Offer your presence. If you see or feel that someone is being targeted, simply stand near him or her so the person is not alone.
Trust your gut. If something looks like it might be a bad situation, it probably is.
Be direct. Ask someone who looks like they are in need of help if they’re okay.
Get other bystanders to assist.
Keep an eye on someone who has had too much to drink.
If you see someone who is too intoxicated to consent, enlist their friends to help them leave safely.
Recognize the potential danger of someone who talks about planning to target another person.
Be aware if someone is deliberately trying to intoxicate, isolate or corner someone else.
Create a distraction; draw attention to the situation or separate the people you are concerned about.
Understand that if someone does not, or cannot, consent to sex; it is rape.

As defined by itsonus.org (It's On Us to Stop Sexual Assault)

Sexual Violence - Risk Reduction Tips

Risk reduction tips can often take a victim-blaming tone, even unintentionally. Only those who commit sexual violence are responsible for those actions. We offer the tips below with no intention to victim-blame, with recognition that these suggestions may nevertheless help you to reduce your risk of experiencing a non-consensual sexual act. Below are suggestions to avoid being a victim of a non-consensual sexual act:

If you have limits, make them known as early as possible.
Tell a sexual aggressor “NO” clearly and firmly.
Try to remove yourself from the physical presence of a sexual aggressor.
Find someone nearby and ask for help.
Take affirmative responsibility for your alcohol intake/drug use and acknowledge that alcohol/drugs lower your sexual inhibitions and may make you vulnerable to someone who views a drunk or high person as a sexual opportunity.
Give thought before sharing your intimate content, pictures, images and videos with others, even those you may trust.
Take care of your friends and ask that they take care of you. A real friend will challenge you if you are about to make a mistake. Respect them when they do.

If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. These suggestions may help you to reduce your risk for being accused of sexual misconduct:

Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you.
Understand and respect personal boundaries.
DON’T MAKE ASSUMPTIONS about consent; about someone’s sexual availability; about whether they are attracted to you; about how far you can go or about whether they are physically and/or mentally able to consent. Your partner’s consent should be affirmative and continuous. If there are any questions or ambiguity then you DO NOT have consent.
Mixed messages from your partner are a clear indication that you should stop, defuse any sexual tension and communicate better. You may be misreading them. They may not have figured out how far they want to go with you yet. You must respect the timeline for sexual behaviors with which they are comfortable.
Don’t take advantage of someone’s drunkenness or altered state, even if they willingly consumed alcohol or substances.
Realize that your potential partner could feel intimidated or coerced by you. You may have a power advantage simply because of your gender or physical presence. Don’t abuse that power.
Do not share intimate content, pictures, images and videos that are shared with you.
Understand that consent to some form of sexual behavior does not automatically imply consent to any other forms of sexual behavior.
Silence, passivity or non-responsiveness cannot be interpreted as an indication of consent. Read your potential partner carefully, paying attention to verbal and non-verbal communication and body language.

As defined by ATIXA (Association of Title IX Administrators)

Cross-examination rules & procedures

Rules & Procedures

In circumstances when the credibility of the respondent, complainant, and/or witness(es) is disputed and relevant to the outcome of an investigation, the parties will be given the opportunity for cross-examination of the respondent, complainant, and/or witness(es). Cross-examination may or may not occur face-to-face; may or may not be accomplished through the use of another individual chosen by the College; and may be subject to additional rules at the discretion of the College and as determined by the College, depending on the specific facts of the case. The following general rules apply:

In cases where the College’s decision that an individual violated the College’s Sexual Misconduct and Gender Discrimination policy and procedures does not rely on testimonial evidence at all, cross-examination of a witness may not be permitted.
Cross-examination may apply only in cases in which the respondent is claimed to have violated the College’s Sexual Misconduct and Gender Discrimination policy and procedures.
Cross-examination may, at the discretion of the College, be accomplished in person, through the use of electronic means, or in any other manner deemed appropriate by the College in the particular case which allows for live questioning in front of a fact-finder.
The College’s representatives may terminate cross-examination that they believe victimizes or harasses the person being questioned.
The College reserves the right to assign or require another person to conduct the cross-examination on behalf of the person requesting cross-examination.
The College reserves the right to limit the scope of cross-examination.
Strict compliance with the Michigan or Federal Rules of Evidence is not required, and the College reserves the right to make evidentiary rulings in any due process hearing.

This information includes general guidance. The College will examine the specific facts of each case to determine whether cross-examination will be permitted. Cross-examination will not be permitted in all cases.