Sexual misconduct, including sexual harassment, sexual violence, sexual exploitation, intimate partner violence, and stalking are violations of the Delta College Student Code of Ethical Conduct and its Sexual Misconduct Procedures.  A number of federal laws and regulations, including Title IX, the Violence Against Women Act, and the Clery Act mandate how institutions respond to such allegations.  Many types of sexual misconduct also constitute violations of Michigan law.

Members of the campus community, guests, and visitors have a right to be free from sexual misconduct.  All members of the community must conduct themselves in a way that does not infringe upon the rights of others.  The College’s sexual misconduct procedures are intended to define expectations for appropriate conduct and outline resolution processes to address conduct that does not meet these expectations.  When individuals accused of sexual misconduct are found to be in violation of the procedures, the College will impose serious sanctions, as noted on the page 5.

All members of the campus community, guests, and visitors are protected by the procedures regardless of their sexual orientation or gender identity.  The College has jurisdiction over all acts of sexual misconduct involving members of the campus community and will determine jurisdiction of off-campus acts on a case by case basis.  

Additional information about campus crime, state laws, and disclosures related to sexual misconduct can be found online in the campus Annual Security Report.  

Initial/Immediate Actions

A College official will assist the reporting party with making choices and accessing resources.  Assuming the reporting party chooses to move forward with a campus resolution, the next step is a preliminary investigation.'

All resolutions will be conducted by campus officials who receive annual training on issues related to domestic violence, dating violence, sexual assault, and stalking, and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.

The resolution process is confidential.  The College will protect the confidentiality of victims, consistent with federal law.  Title IX related resolutions are not subject to publicly available record-keeping provisions.  Any release of information about a resolution will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law.

Preliminary Investigation

An initial determination is made about the allegations and whether to move them forward to an investigation.  This decision is made by the Title IX Coordinator, taking into account the nature of the allegations and the reporting party’s wishes.  If the decision is made to move forward, the Coordinator begins an investigation.

Investigations

The Title IX Coordinator conducts all investigations in which an investigative model is used to resolve allegations.  The Title IX Coordinator will be prompt, thorough, reliable, equitable, fair, and impartial.  They will interview reporting and responding parties and witnesses, and prepare reports with their findings and sanctioning recommendations.  Information about all the steps in the investigative process is available in the Sexual Misconduct Procedures.

Standard of Evidence

The College uses a preponderance of evidence standard.  Decision-makers consider whether, given the available credible evidence, it is more likely than not that a violation occurred.

Past History

The past sexual history or character of an individual is not considered unless it is determined to be highly relevant.  All such information sought to be entered for consideration by a party or the College will be presumed irrelevant until evidence of its relevance is offered.  The existence of a pattern of behavior by a responding party may be relevant to the finding and sanction imposed.  Both parties will be notified in advance if such information has been deemed relevant and will be considered during the process.

Final Determination

The parties will be informed in writing of the outcome of the resolution, without significant delay between the notifications to each party.  This notice will include the procedures for appealing the decision, any change to the results that occurs prior to the time that such results become final, and when results are considered to be final.

Appeals

All parties involved in sexual misconduct proceedings may appeal decisions within 7 days on the basis of the three grounds permitted by the College’s procedures.  All parties are included in any appeal reconsideration and have equal rights of participation.  There is only one level of appeal.  That decision is final.  See the Sexual Misconduct Procedures for further details.

The following are the definitions of conduct prohibited by the sexual misconduct procedures.

Sexual Harassment

Sexual harassment is:

• unwelcome
• sexual, sex-based, and/or gender-based verbal, written, online, and/or physical conduct.

Hostile Environment

A hostile environment is created when sexual harassment is:

• sufficiently severe, or
• persistent or pervasive, and
• objectively offensive that it:
  • unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the institution’s educational [and/or employment], social, and/or residential program.

Sanctions range from warning through expulsion/termination.

Sexual Assault/Abuse

Sexual assault/abuse is any sexual act directed toward another person forcibly and/or against that person’s will; or not forcibly or against the person’s will where they are incapable of giving consent.  Examples include:

• rape
• non-consensual sexual contact/ intercourse
• unwanted/forcible fondling
• incest
• statutory rape
• inducing consent through drugs/alcohol
• sexual contact by coercion or force
• engaging in sexual activity with a person unable to provide consent

Sanctions range from warning through expulsion/termination.

Domestic Violence

Domestic violence is violence committed by:

• a current or former spouse or intimate partner;
• a person with whom a child is shared
• a person who has cohabited as a spouse or intimate partner
• A person similarly situated to a spouse or protected from under the domestic or family violence laws of the jurisdiction

Sanctions range from warning through expulsion/termination.

Dating Violence

Dating violence is:

• violence or emotional and/or psychological abuse between those in an intimate relationship toward each other;

Sanctions range from warning through expulsion/termination.

Stalking

Stalking 1:

• A course of conduct,
• directed at a specific person,
• on the basis of actual or perceived membership in a protected class,
• that is unwelcome, and,
• would cause a reasonable person to fear.

Stalking 2:

• Repetitive and menacing,
• pursuit, following, harassing, and/or interfering with the peace and/or safety of another.

Sanctions range from warning through expulsion/termination.

Retaliation

Retaliation is:

• any adverse action,
• taken against a person participating in a protected activity,
• because of that person’s participation in that protected activity
• subject to limitations imposed by the First Amendment and/or academic freedom.

Sanctions range from warning through expulsion/termination

 The College strives to provide members of the campus community with fair and equitable resolution processes.

Reporting

• Reporting parties have the right to notify law enforcement of incidents and to receive assistance from College personnel in doing so.
• Reporting parties may decline to report to law enforcement if they so wish.
• Reporting parties have the right to have their allegations investigated and resolved internally by the College.

Fairness

• All members of the campus community have the right to have reported incidents addressed according to the published College procedures.
• All parties have equal opportunities to have an advisor of their choosing present throughout all resolution proceedings.  This person can be an advocate, family member, friend, faculty
• member, etc.
• All parties have the right to written notice of the outcome of sexual misconduct resolution proceedings.
• Reporting parties and witnesses may receive amnesty for minor infractions (e.g., alcohol and drug violations) that are secondary to incidents of sexual misconduct on a case by case basis.
• Reporting parties, their supporters, and witnesses have a right to be free from retaliation.

Support

• Students and employees have a right to be notified of their ability to access campus counseling.
• Students and employees have a right to be notified of on- and off-campus supportive resources.
• All parties involved in sexual misconduct allegations will receive the information and assistance needed to effectively participate in all proceedings.
• Reporting parties have the right to seek orders of protection, no-contact orders, restraining orders, or similar lawful orders issued by criminal, civil, or tribal courts, and may seek the help of Public Safety in requesting and/or enforcing.

Delta College may take whatever steps are deemed necessary to appropriately respond to allegations of sexual misconduct, protect students’ and employees’ rights, and keep members of the campus community safe from further harm.  Measures include, but are not limited to:

• Issuing interim suspensions pending investigation outcome.
• Reporting incidents to local police and/or prosecutors.
• Referring to counseling.
• Providing education to the community.
• Altering work arrangements for employees/student employees.
• Providing campus escorts.
• Implementing contact limitations between the parties.
• Offering adjustments to academic deadlines, course schedules, etc.

 These measures are available regardless of whether a reporting party seeks formal resolution or makes a crime report.

Confidential Reporting

If reporting individuals request that details of an incident be kept confidential, they have different options. Delta College counselors are available to help on an emergency basis. Their service is free of charge and is a confidential option.  Local resources such as crisis centers are also confidential and have no duty to report your information to the College.

 Mandated Reporting

College employees who are not designated above as confidential, are mandated reporters for all the details of which they are aware about an incident. They share this information with the Title IX Coordinator. Giving a mandated reporter notice of an incident constitutes official notice to the College. Incidents of sexual assault and misconduct will be taken seriously when official notice is given to the College. Such incidents of sexual assault and misconduct will be investigated and resolved in a prompt and equitable manner under the College's resolution process.

You may request confidentiality and/or that the Title IX Coordinator provide you with remedies and resources without initiating a formal resolution process. The Coordinator will weigh requests for confidentiality against the institutional need to address and remedy discrimination under Title IX. Generally, the College will be able to respect your wishes, unless it believes there is a threat to the community based on the use of weapons, violence, pattern, predation, or threatening conduct by the person being accused.

 In cases where your request for confidentiality is granted, the College will offer you available resources, supports, and remedies. You are not obligated to pursue formal resolution in order to access the resources that are available. If the College decides that it is obligated to pursue a formal resolution based on the notice you have given, you are not obligated to participate in the resolution process. However, the ability of the College to enforce its procedures or provide some remedies may be limited as a result of your decision not to participate.

Incidents Involving Minors

Please be aware that institutional duties with respect to minors (those under the age of 16) may require reporting sexual assault and misconduct incidents to state agencies and/or local law enforcement.  As a result, confidentiality cannot be guaranteed in sexual misconduct incidents involving minors.

1.  Go to a safe location as soon as you are able.  In an emergency, call 911.

2.  Seek immediate medical attention if you are injured, or believe you may have been exposed to an STI/STD or potential pregnancy.

3.  Contact any of the following for immediate assistance:

1. Title IX Coordinator, Allie Martinez, at 989-686-9547
   • (Fall/Winter) Monday - Thursday 8am - 4:30pm; Friday 8am - 4pm
   • (Spring/Summer) Monday – Thursday 7:30am – 5:30pm; Friday Closed
2. Delta College Department of Public Safety at 989-686-9111
   • Monday - Friday 7am - 11pm; Saturday 8am - 6pm; Sunday 11am - 7pm
3. Delta College Counseling* at 989-686-9330
   • (Fall/Winter) Monday - Thursday 8am - 4:30pm; Friday 8am - 4pm
   • (Spring/Summer) Monday – Thursday 7:30am – 6pm; Friday Closed
4. Domestic Violence Shelters/Agencies*
   • Bay Area Women's Center (Bay City) 989-686-4551
   • Shelterhouse (Midland) 989-835-6771
   • Underground Railroad, Inc. (Saginaw) 989-755-0411

If you are off-campus and experiencing an emergency situation, you can call local police by dialing 911. You may also call the local police department's non-emergency line at 989-892-8571 for Bay City Department of Public Safety; 989-631-5716 for Midland Police Department; 989-797-4580 for Saginaw Police Department.

4.  It is important to preserve physical evidence that may include tissue and fluid samples, evidence of violence, sheets, towels, clothing, etc. You may choose to avoid washing, bathing, urinating, etc., until after being examined at the hospital, if possible. Because evidence of sexual assault can deteriorate quickly, you may choose to seek a medical exam as soon as possible. Evidence collection should be completed within 120 hours of an assault, but fluids, hair samples, and DNA can be collected for a long time thereafter. Even if you have washed, evidence can often still be obtained. After 120 hours, it may still be helpful to have medical attention, even if you are not trying to obtain evidence of an assault. Sexual assault nurse examiners (SANE) are trained in the collection of forensic evidence, and can check for injuries and exposure to sexually transmitted diseases. If you are still wearing any clothes worn during the assault, wear them to the hospital, but bring a change of clothes, as the hospital will keep the clothes you are wearing as evidence. If you have changed clothes, bring the ones you were wearing during the assault to the hospital in a clean paper (not plastic) bag or wrapped in a clean sheet. Leave sheets/towels at the scene of the assault. Police will collect them. Typically, police will be called to the hospital to take custody of the rape kit, but it is up to you whether you wish to speak with them or file a criminal complaint.                                                                                                            

5.  Choose how to proceed. You have options: 1) Do nothing until you are ready;  2) Pursue resolution by the College; and/or 3) Initiate criminal proceedings; and/or 4) Initiate a civil process against the perpetrator. You may pursue whatever combination of options is best for you. If you wish to have an incident investigated and resolved by the College, students and employees should contact the Title IX Coordinator. College procedures will be explained. Those who wish incidents to be handled criminally should contact Delta College Department of Public Safety or local police where the assault occurred. A campus official is available to accompany students in making such reports, if desired. Contact the Title IX Coordinator for more information.

*Denotes that this resource is confidential.

You may choose one or more options.  All options are available whether the incident happened on-campus, off-campus or online.  If you have been sexually assaulted, please seek medical attention immediately.

Option 1:  Non-Confidential Report to Public Safety or to a Mandated Reporter*

• Referred to Title IX Coordinator for investigation
  • Provided option to receive sexual assault advocacy locally.
  • Provided option to seek medical treatment and optional evidence collection at hospital emergency room.
  • Provided option to receive on- and off-campus support services including accommodations.

* A Mandated Reporter (also known as a responsible employee) is a College employee who has the authority to address sexual misconduct or who has the duty to report incidents of sexual violence or other misconduct, or who a student could reasonably believe has this authority or duty.

Option 2:  Confidential Report to a Licensed Professional Counselor in the College Counseling Office

• Provided option of seeking counseling for on- or off-campus support.
• Provided option of reporting to local police department.
  • Provided option to receive on- and off-campus support services including accommodations.
• Provided option to seek medical treatment and optional evidence collection at hospital emergency room.
  • Local police and sexual assault advocacy agency respond to hospital.  Provided options to speak to one or both and receive services.

Option 3:  Medical Treatment and Optional Evidence Collection at Hospital Emergency Room

• Provide options to speak to and/or receive services from local police and/or sexual assault advocacy agency if requested.

Option 4:  Report at Local Police Department

• Provided option of reporting the incident to local sexual assault advocacy agency and/or College.

Option 5:  Confidential Report Through Community Sexual Assault Advocacy Agency

• Provided option of working with College to receive on-campus accommodations.
• Provided option of reporting to local police department.

For more information on the above reporting options or for a visual flowchart, please contact titleix@delta.edu.

Knowing, voluntary, and clear permission, through word or action, to engage in mutually agreed upon sexual activity or contact.

Since different people may experience the same interactions differently, each party is responsible for making sure that partners have provided ongoing, clear consent to engaging in any 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, which is also considered to be sexual misconduct.

Silence or the absence of resistance alone does not constitute consent. A victim 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.

Previous consent to sexual activity does not imply consent to sexual activity in the future.

To legally give consent in Michigan, individuals must be at least 16 years old.

Force

Force is defined as direct or indirect use of physical violence and/or imposing physically on someone to gain sexual access.  Force, unless part of mutually-permissible kink, is a clear demonstration of a lack of consent.

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, or unconscious for any reason.  That applies even if it is because they voluntarily consumed alcohol or drugs.  Unless consent is “knowing” it is not valid.  Those engaging in sexual activity who know or should have known that the other party is incapacitated are engaging in sexual assault.  The possession, use, distribution, and/or administration of any incapacitating substances is prohibited.

 The fact that a responding party was intoxicated, and thus did not realize the reporting party was incapacitated, does not excuse sexual misconduct.

Please see the Sexual Misconduct Procedures.

Please see the Sexual Misconduct Procedures.

Ongoing Awareness & Prevention

The College has developed an annual educational campaign consisting of presentations that include distribution of educational material, participating in and presenting information and materials throughout the entire year to all students and employees.  

VAWA/Clery Training

Employees and students are provided with education and training on awareness and risk reduction of sexual violence, dating violence, domestic violence, stalking, and consent in compliance with the Violence Against Women Act and the Clery Act.

Allie Martinez
Title IX Coordinator
989-686-9547
titleix@delta.edu
J101

Department of Public Safety
989-686-9113
cops@delta.edu
N102

Counseling*
989-686-9330
confidentialcounsel@delta.edu
D102

* Denotes that resource is confidential.