Sexual Misconduct Policy

1. PURPOSE OF POLICY
WMU strives to cultivate a healthy and diverse community that recognizes the value of
each individual and helps foster safety, civility and respect for all people.
All members of the WMU Community have the right to be free from sex-based
harassment, violence, and all other forms of prohibited conduct described in this
Policy. All members of the Community are expected to conduct themselves in a manner
that does not unduly deprive, limit or deny education or employment access, benefits or
opportunities. This Policy has been developed to reaffirm these principles, to provide
resources for those individuals whose rights may have been violated and to provide
accountability for conduct that violates this Policy.


2. STAKEHOLDERS MOST IMPACTED BY THE POLICY
The WMU Community

3. DEFINITIONS
3.1. Campus Security Authority (CSA): University official who has an obligation under the
Clery Act to report certain crimes to WMU Public Safety.

3.2. Jeanne Clery Campus Safety Act (Clery Act): a federal statute requiring colleges and
universities participating in federal financial aid programs to maintain and disclose
campus crime statistics and security information. Defines Campus Security Authorities
and the grievance process requirements for sexual assault, intimate partner violence and
stalking.

3.3. Complainant: a person alleged to have been subjected to the Covered Behavior.

3.4. Confidential: a category of information that, when disclosed to someone on a
specific list of individuals (see § 9, below), may only be shared if there is an imminent
threat of harm to self or others.

3.5. Contact: any direct or indirect verbal, written, electronic, or third-party messages, any
physical touch or non-verbal gesture.

3.6. Coordinated Response Team: assists the University in assessing safety risks and
consists of representatives from Student Affairs, Academic Labor Relations, Human
Resources, Public Safety, IE and other offices as needed.

3.7. Covered Behavior: the following prohibited activities, as defined herein: sexual
harassment; dating violence; domestic violence, sexual assault; sexual exploitation;
stalking; retaliation, unauthorized disclosure and failure to comply/process interference.

3.8. Elliot-Larsen Civil Rights Act: Michigan law that prohibits discrimination on the
basis of religion, race, color, national origin, age, sex, sexual orientation, gender identity or
expression, height, weight, familial status, or marital status in employment, housing,
education, and access to public services and accommodations. Discrimination on the
basis of sex includes sexual harassment.

3.9. Employee: any person receiving wages, salary or other remuneration from Western
Michigan University.

3.10. Formal Complaint: a written statement filed by a Complainant or signed by the Title
IX Coordinator alleging Covered Behavior against a Respondent, requesting an informal
resolution or an investigation of the alleged behavior.

3.11. Grievance Process: process that the University uses to assess a Report and resolve a
Formal Complaint.

3.12. Intimate Partner: person who is, or has been involved in, a sexual, dating, domestic
or other intimate relationship with the initiating individual.

3.13. Mandated Reporter: a person designated by this Policy to promptly Report
disclosures or observations of sexual misconduct to the Title IX Coordinator. Mandated
Reporters include members of the Board of Trustees, the President, members of the
President's Cabinet, Deans, Supervisors, Academic Advisors, Residence Life staff with oncall
responsibilities, Advisors and designated student leaders for Registered Student
Organizations, employees in Intercollegiate Athletics, Human Resources, Merze Tate
College, Student Affairs, Haenicke Institute for Global Education, Public Safety and
Institutional Equity. Also, under Michigan Child Protection Law, someone who must
report suspected child abuse or neglect.

3.14. No Contact Order: an Order issued by a University official that requires that an
individual have no contact with a particular person or persons.

3.15. Party: either the Complainant(s) or Respondent(s) in an investigation or action
relating to a complaint of Covered Behavior.

3.16. Private: a category of information related to a report of Covered Behavior that may
be shared with a small circle of individuals who have a need to know.

3.17. Remedies: measures provided, as appropriate, to a Complainant or any other person
the University determined as having had their equal access to its education program or
activity limited or denied by Covered Behaviors. Specific measures, including
organizational and operational changes, are provided to restore or preserve that person’s
access, address any safety issues and prevent recurrence.

3.18. Report/Notice: information about an allegation of Covered Behaviors shared with
Institutional Equity, Public Safety or a Mandated Reporter.

3.19. Respondent: the person(s) accused of the Covered Behavior.

3.20 Sex: birth sex, can include gender, gender identity, gender expression, sexual
orientation, sex characteristics, and sex stereotypes.

3.21. Sexual Intercourse: vaginal or anal penetration, however slight, with a body part
(e.g., penis, tongue, finger, hand) or object; oral penetration involving mouth to genital
contact.

3.22. Student(s): any person taking one or more courses at the University, pursuing
undergraduate, graduate, or professional studies; any person who withdraws from
WMU after a charge of an alleged violation of the WMU Student Code or any University
policy; or someone who is not officially enrolled for a particular term, but who has a
continuing relationship with the University as a student (e.g., someone who was enrolled
for Spring and plans to enroll for Fall, but who is not enrolled for Summer).

3.23. Title VII of the Civil Rights Act of 1964: defines sexual harassment in employment
as a form of prohibited sex discrimination. Title VII prohibits retaliation against any
individual who files a good faith complaint or participates in a grievance procedure.

3.24. Title IX: federal law that protects individuals from discrimination based on sex in
education programs or activities that receive federal financial assistance. Title IX applies
to all of the University’s programs and activities and requires that the University not
discriminate on such bases. Title IX prohibits retaliation against any individual who files a
good faith complaint or participates in an investigation under Title IX. This Policy meets
and, in some areas, exceeds the scope of Title IX and its implementing regulations.

3.25. Title IX Coordinator: person designated by WMU to receive all Reports of Covered
Behavior, oversee the University’s centralized review and resolution of those Reports in
compliance with the law and this Policy, and who advises the WMU Community about
the Grievance Procedures and courses of action in the broader community. The Title IX
Coordinator may designate someone (Designee) to assist with carrying out these
responsibilities.

3.26. Violence: For purposes of the Policy, Violence includes situations where the
Respondent intentionally or recklessly causes the Complainant serious physical,
emotional, or psychological harm. Intent is evidenced when a Reasonable Person would
be more likely to act with the purpose of causing serious harm rather than for any other
reason. Recklessness is evidenced by a disregard of obvious risk to the safety of the
Complainant. Legitimate use of violence for self-defense is not chargeable under the
Policy because the purpose is safety, not harm. It may also be used as a defense if is not
clear at the time of charging whether the use of violence was for self-defense or not. Selfdefense
is only to be considered if it is prompted by physical violence or the threat
thereof. Threats to seriously harm the Complainant or people they care about may be
chargeable under this definition if doing so causes serious emotional or psychological
harm.

3.27. WMU Community Members or Covered Individuals: all WMU current and
prospective students, faculty, staff, administrators, Board members, guests, visitors
consultants, vendors, others engaged to do business with the University.

4. Policy

4.1. WMU prohibits all forms of sexual harassment, dating violence, domestic violence,
sexual assault, stalking and retaliation proscribed by Title IX, Title VII of the Civil Rights Act
of 1964, the Elliott Larsen Civil Rights Act and other applicable statutes. This Policy also
prohibits sexual exploitation, unauthorized disclosure of information, and interfering with
or failing to comply with a University process related to the administration of this Policy.
While not required by law, their inclusion in this Policy reflects the University’s standards
and expectations for a safe and respectful working and learning environment.

4.2. In addition, the University’s response to sexual assault, dating violence, domestic
violence and stalking are governed by the Clery Act and Section 304 of the Violence
Against Women Reauthorization Act of 2013 (VAWA).

4.3. The University will attempt to resolve all Formal Complaints of Covered Behavior in a
prompt, fair and impartial manner. The University will treat all individuals involved with
dignity and respect. All processes are driven by objective fact-finding and approached
from a neutral standpoint.

5. SCOPE
This Policy applies to any WMU Community member engaging in Covered Behavior and
any WMU Community member being subjected to Covered Behavior.

6. LOCATION
6.1. The Policy applies to Covered Behavior that takes place:
6.1.1. on property owned or controlled by WMU, at WMU-sponsored events, and in any
building owned or controlled by a WMU recognized student organization;

6.1.2. in the context of a WMU education program or activity, regardless of location
including, but not limited to, service-learning activities, study abroad placements, student
internship programs, the workplace and work-related events;

6.1.3. outside the context of a WMU education program or activity when the Covered
Behavior has continuing adverse effects on an individual’s education program or activity;

6.1.4. at a location where either the Complainant or the Respondent involved in a
particular claim is a member of the WMU Community and the conduct affects a
substantial WMU interest.

6.2. A substantial WMU interest includes:
6.2.1. Any action that constitutes a criminal offense as defined by law. This includes, but is
not limited to, single or repeat violations of any federal, state, or local law.

6.2.2. Any situation in which it is determined that the Respondent poses an immediate
threat to the physical health or safety of any Student, Employee, or other individual.

6.2.3. Any situation that significantly impinges upon the rights, property, or achievements
of others, significantly breaches the peace, and/or causes social disorder.

6.2.4. Any situation that substantially interferes with WMU’s educational interests or
mission.

6.3. Online Harassment and Misconduct
6.3.1 WMU policies are written and interpreted broadly to include online manifestations of
any Covered Behavior below, when those behaviors occur in or have an effect on WMU’s
Education Program or Activities or when they involve the use of WMU networks,
technology, or equipment (see Employee Computer Use Policy; Acceptable Use Policy).

6.3.2 Although WMU may not control or monitor websites, social media, and other venues
through which harassing communications are made, when such communications are
reported to WMU, it will engage in a variety of means to address and mitigate the effects
on the working and learning environment.

6.3.3 Members of the community are encouraged to be good digital citizens and to refrain
from online misconduct, such as feeding anonymous gossip sites; sharing inappropriate
content via social media; unwelcome sexual or Sex-based messaging; distributing, or
threatening to distribute, nude or semi-nude photos or recordings; breaches of privacy; or
otherwise using the ease of transmission and/or anonymity of the Internet or other
technology to harm another member of WMU community.

6.3.4 Nothing in the Policy is intended to infringe upon or limit a person’s free speech
rights. Any Student’s online postings or other electronic communications, including
technology-facilitated Bullying, Stalking, Harassment, etc., occurring completely outside
of WMU’s control (e.g., not on WMU networks, websites, or between WMU email
accounts) will only be subject to the Policy when such online conduct can be shown to
cause (or will likely cause) a substantial in-program disruption or infringement on/harm
to the rights of others. Otherwise, such communications are considered speech
protected by the First Amendment. Supportive measures for Complainants will be
provided.

6.3.5 Employees’ off-campus harassing speech, whether online or in person, may be
regulated by WMU only when such speech is made in an Employee’s official or workrelated
capacity.

7. COVERED BEHAVIOR AND RELATED KEY DEFINITIONS
7.1. The University will treat attempts to commit any Covered Behavior as if those
attempts had been completed.

7.2 Sexual Harassment Overview: The Department of Education’s Office for Civil Rights
(OCR), the Equal Employment Opportunity Commission (EEOC), the Fair Housing Act
(FHA) and the State of Michigan regard Sexual Harassment, a specific form of
Discriminatory Harassment, as an unlawful discriminatory practice. Acts of Sexual
Harassment may be committed by any person upon any other person, regardless of the
Sex, sexual orientation, and/or gender identity of those involved. WMU has adopted the
following definitions of Sexual Harassment in order to address the unique environment of
an academic community. Two definitions are required by federal law. While they overlap,
they are not identical, and they each apply as noted.

7.2.1. Title VII/FHA Sexual Harassment applies to situations where an Employee is
subjected to workplace Sexual Harassment or where a situation involves a residential
Complainant in WMU-provided housing: unwelcome verbal, written, graphic and/or
physical conduct that is severe or pervasive or objectively offensive on the basis of Sex,
that unreasonably interferes with, limits, or effectively denies an individual’s educational
or employment access, benefits, or opportunities.

7.2.2. Title IX Sexual Harassment, as an umbrella category, includes the offenses of
Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking. This
definition applies to all Formal Complaints that fall within Title IX jurisdiction as
determined by the Title IX Coordinator. Sexual Harassment includes Conduct on the basis
of Sex, or that is sexual in nature, that satisfies one or more of the following:
7.2.2.1 Quid Pro Quo: An Employee of WMU, conditions the provision of an aid, benefit, or
service of WMU, on an individual’s participation in unwelcome sexual conduct.

7.2.2.2 Hostile Environment: Unwelcome conduct, determined by a Reasonable Person,
to be so severe, and pervasive, and objectively offensive, that it effectively denies a
Complainant equal access to WMU’s program or activity.

7.2.2.3. A single isolated incident of Sexual Harassment may jeopardize equal access to a
program or activity if it is sufficiently severe. The more severe the conduct, the less need
there is to show a repetitive series of incidents to be found responsible for a Policy
violation, particularly if the Behavior is physical. Examples of conduct that may constitute
Sexual Harassment are listed in the Procedures.

7.3. Sexual Assault
7.3.1 Non-Consensual Sexual Intercoursei: Penetration, no matter how slight, of the
vagina or anus with any body part or object, without consent. Oral penetration by a sex
organ of another person, or by a sex-related object, without consent. This definition
includes instances in which the Complainant is incapable of giving consent because of
temporary or permanent mental or physical incapacity (including due to the influence of
drugs or alcohol) or because of age.

7.3.2. Non-Consensual Sexual Contactii: The intentional touching of the clothed or
unclothed genitals, buttocks, groin, breasts, or other body parts of an individual, without
the consent of that individual, for the purpose of sexual degradation, sexual gratification,
or sexual humiliation. Forcing an individual to touch another person's clothed or
unclothed genitals, buttocks, groin, breasts, or other body parts, without consent, for the
purpose of sexual degradation, sexual gratification, or sexual humiliation.

7.3.3 Incest: Sexual intercourse, between persons who are related to each other, within
the degrees wherein marriage is prohibited by Michigan law.

7.3.4 Statutory Rape: Sexual intercourse, with a person who is under the statutory age of
consent of 16 years old.

7.4. Stalking: a course of conduct directed at another individual, on the basis of sex, in a
manner that would cause a Reasonable Person to fear for the person’s safety, or the
safety of others; or suffer substantial emotional distress. For the purposes of this
definition:
7.4.1 Course of conduct means two or more acts, including, but not limited to acts in
which the Respondent directly, indirectly, or through third parties, by any action, method,
device, or means, follows, monitors, observes, surveils, threatens, or communicates to or
about a person, or interferes with a person’s property.

7.4.2 Substantial emotional distress means significant mental suffering or anguish that
may, but does not necessarily require, medical or other professional treatment or
counseling.

7.4.3 Conduct similar to Stalking but not based on sex may be referred for review under
the Student Code or employee policy/contract, as appropriate.

7.5. Dating Violence: Violence, on the basis of Sex, committed by a Respondent, who is in
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 the
Complainant’s statement and with consideration of the length of the relationship, the
type of relationship, and the frequency of interaction between the persons involved in the
relationship. For the purposes of this definition:
7.5.1 Dating Violence includes, but is not limited to, sexual or physical abuse or the threat
of such abuse.

7.5.2 Dating Violence does not include acts covered under the definition of Domestic
Violence.

7.6. Domestic Violence: Violence, on the basis of Sex, committed by a Respondent who is
a current or former spouse or intimate partner of the Complainant; or with whom the
Complainant shares a child in common; or who is cohabitating with, or has cohabitated
with, the Complainant as a spouse or intimate partner; or by a person similarly situated to
a spouse of the Complainant under the domestic or family violence laws of Michigan; or
by 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 Michigan.

7.6.1. To categorize an incident as Domestic Violence under the Policy, the relationship
between the Respondent and the Complainant must be more than just two people living
together as roommates. The people cohabitating must be current or former spouses or
have an intimate relationship.

7.7. Sexual Exploitation: taking non-consensual or abusive sexual advantage of another
(that does not constitute Sexual Harassment as defined above) for one’s own advantage
or benefit or for the benefit or advantage of anyone other than the one being
exploited. Examples of conduct that may constitute Sexual Exploitation are listed in the
Procedures.

7.8. Retaliation: WMU or any member of the WMU community, taking or attempting to
take materially adverse action, by intimidating, threatening, coercing, harassing, or
discriminating against any individual, for the purpose of interfering with any right or
privilege secured by law or Policy, or because the individual has made a report or
complaint, assisted, or participated or refused to participate in any manner in an
investigation, proceeding, or hearing under the Policy and associated procedures. The
exercise of rights protected under the First Amendment does not constitute Retaliation.
It is also not Retaliation for WMU to pursue disciplinary action against those who make
materially false statements in bad faith in the course of a resolution process under the
Policy. However, the determination of responsibility, by itself, is not sufficient to conclude
that any party has made a materially false statement in bad faith. Examples of Retaliation
are in the Procedures.

7.9. Unauthorized Disclosure: distributing or otherwise publicizing materials created or
produced during the Grievance Process except as required by law or as expressly
permitted by the University; or publicly disclosing a party’s personally identifiable
information without authorization or consent.

7.10 Failure to Comply/Process Interference: Intentional failure to comply with: the
reasonable directives of a Grievance Process administrator in the performance of their
official duties, including with the terms of a no contact order; emergency removal or
interim suspension terms; with sanctions/disciplinary actions; terms of an agreement
achieved through informal resolution; mandated reporting duties as defined in this
Policy. Intentional interference with the resolution process, including but not limited to:
destruction of or concealing of evidence; actual or attempted solicitation of knowingly
false testimony or providing false testimony or evidence; intimidating or bribing a witness
or party.

8. FACTORS CONSIDERED
8.1 When the University evaluates responsibility for alleged Covered Behavior, it considers
the existence or non-existence of the following factors.

8.2. Consent: knowing, voluntary, and clear permission, by word or action, to engage in
sexual activity. When evaluating whether a Reasonable Person would conclude the
Complainant gave Consent through mutually understandable words or actions., the
University will consider the following:
8.2.1. The totality of the circumstances, including the context in which the alleged
misconduct occurred and any similar and previous patterns that may be evidenced.

8.2.2. Level of mutual understanding of the nature and scope of the act to which the
individual Consented and a willingness to do the same thing, at the same time, in the
same way;

8.2.3. Whether Consent was obtained through the use of force, coercion, threats, or
intimidation, or by taking advantage of the Incapacitation of another individual;

8.2.4. Whether communication regarding Consent used mutually understandable words
and/or actions that indicated an unambiguous willingness to engage in sexual
activity. Reasonable reciprocation will be considered in evaluating consent. If there is no
evidence of clear communication or outward demonstration, the University will find that
Consent was not given;

8.2.5. Whether Complainant withdrew Consent; and/or

8.2.6. Whether, once withdrawn, the sexual activity ceased immediately and/or all parties
received mutually expressed or clearly stated Consent before continuing further sexual
activity.

8.2.7. The University will not consider Consent to one form of sexual contact as Consent to
all forms of sexual contact; nor will it consider Consent to sexual activity with one person
as Consent to activity with any other person. Each participant in a sexual encounter
must Consent to each form of sexual contact with each participant.

8.2.8. Even in the context of a current or previous intimate relationship, the University will
evaluate whether each party Consented to each instance of sexual contact each time.

8.2.9. Complainant need not resist the sexual advance or request to demonstrate lack of
Consent; however, the University will view Complainant’s resistance as a clear
demonstration of non-Consent.

8.3. Force: the use or threat of physical violence, restraint, coercion or intimidation to
overcome an individual’s choice whether to participate in Sexual Activity. Coercion is
unreasonable pressure for sexual activity. Coercive conduct, if sufficiently severe, can
render a person’s consent ineffective, because it is not voluntary. When someone makes
clear that they do not want to engage in sexual activity, that they want to stop, or that
they do not want to go past a certain point of sexual interaction, continued pressure
beyond that point can be coercive. Coercion is evaluated based on the frequency,
intensity, isolation, and duration of the pressure involved.

8.5. Incapacitation: a state in which an individual cannot make the informed and rational
decision to engage in Sexual Activity because the individual lacks conscious knowledge
of the nature of the act (e.g., cannot understand the who, what, when, where, why or how
of the sexual interaction) and/or is physically helpless.

8.5.1. An Incapacitated person is unable to give Consent. An individual is Incapacitated
when asleep, unconscious, or otherwise unaware that sexual activity is occurring. This
includes an individual who cannot give consent because of their age or their temporary
or permanent physical or mental health condition. Incapacitation may result from the use
of alcohol and/or other drugs.

8.5.2. Because the impact of alcohol and drugs varies from person to person, the
University will not find an individual Incapacitated solely based on that person’s
consumption of alcohol or other drugs, impairment, inebriation or intoxication. Instead, it
will conduct a case-by-case evaluation to assess how the consumption of alcohol and/or
drugs impacts an individual’s decision-making ability, awareness of consequences, ability
to make informed judgments, or capacity to appreciate the nature and the quality of the
behavior.

8.5.3. In any particular claim, the University will evaluate whether Respondent knew or
should have known, when viewed from the position of a sober, reasonable person, that
Complainant was Incapacitated.

8.5.4. The University will not accept being intoxicated or impaired by drugs or alcohol as
an excuse for Covered Behavior; nor will it consider intoxication or such impairment to
diminish a Respondent’s responsibility to obtain Consent.

9. PRIVACY AND CONFIDENTIALITY
9.1. WMU is committed to protecting the Privacy and Confidentiality of all individuals
involved in a Report of Covered Behavior. Privacy and Confidentiality have distinct
meanings under this Policy.

9.2. Privacy: Private information may only be shared with those University employees who
are directly involved in resolving Reports of Covered Behavior under this Policy and who
need to know the information in order to resolve the Report. While not bound by legally
privileged Confidentiality, these individuals will be discreet and respect the privacy of all
individuals involved in the process.

9.2.1 All WMU employees who are involved in a Report, including the Title IX Coordinator,
investigators, hearing officers and discipline authority shall receive specific instruction
and training about respecting and safeguarding Private information.

9.2.2. Throughout the Grievance Process, every effort will be made to protect the Privacy
interests of all individuals involved in a manner consistent with the need for a thorough
review. Parties, their advisors and support persons are prohibited from disclosing
personally identifiable information obtained through the Grievance Process. A Party may
be held accountable through relevant conduct processes for prohibited disclosures made
by themselves or their support persons.

9.3. Confidentiality: Confidential Resources are licensed or specially trained professionals
who, by law or policy, may not share information without the consent of the individual
seeking assistance, except for very specific circumstances including imminent threat of
harm to self or others. This includes medical providers, mental health providers, ordained
clergy/pastoral counselors, and sexual assault crisis counselors. A list of Confidential
Resources is under Section 21, Contact Information.

9.4 Permitted Disclosures

9.4.1. Pursuant to the Clery Act, Campus Security Authorities (CSA’s, including WMU
Confidential Resources) must submit report information regarding campus crimes to
WMU Public Safety for Clery Act purposes, but will not share identifying information
without the permission of the person disclosing the information or about whom the
information pertains.

9.4.2 When a Report involves suspected abuse of an individual under the age of 18,
Confidential Resources are Mandated Reporters and must notify child protective services
and/or local law enforcement. Confidential Resources are not required to report
behaviors to Public Safety that fall outside of those contemplated by the Clery Act
(behavior that occurs off campus, sexual harassment, sexual exploitation and retaliation).
9.4.3 Medical and counseling records of a Complainant or Respondent are privileged,
confidential records that individuals are not required to disclose. However, these records
may contain information that is related and material to the Complaint. During the
Grievance Process, a Party may voluntarily choose to share such records with the
investigator. Any records provided by a Party become part of the file, and any
information that relates to the current claim will be made available for review by the
other Party and their Advisor, with personal identifiers and non-related information
removed as set forth in the Procedures. The Party who provided the records for review is
presumed to have consented to such disclosure. The reviewing Party and Advisor agree
to keep any such information Confidential unless its disclosure during the hearing or
hearing preparation is necessary to make a good faith argument in support of their
position.

9.4.4. Pursuant to Michigan statute, the Title IX Coordinator is required to share
aggregated, non-personally identifiable information regarding the scope and frequency
of Covered Behaviors with the Board of Trustees (see 23.1 for details).

9.4.5. WMU is required to send non-personally identifiable information on potential claims
to its insurance agencies.

9.4.6. To comply with the requirements of federal granting agencies, upon receipt of a
Report, the Title IX Coordinator must provide the Office of Research and Innovation (ORI)
with an employee Respondent’s name, department, and college so ORI may review
whether the Respondent is eligible to serve as a Principal Investigator (PI) or co-PI
(see wmich.edu/policies/principal-investigators-eligibility). IE will inform the Respondent
of this disclosure to ORI as required by its reporting procedures.

10. REPORTING

10.1. Any individual may file a Report alleging Covered Behavior or discrimination,
including someone who is not the subject of the perceived Behavior or discrimination.

10.2. All individuals are encouraged to promptly report conduct that may violate this
Policy to the Title IX Coordinator, or designee, in IE. Individuals are also encouraged to
report conduct that may violate criminal law to both IE and local law enforcement. These
processes are not mutually exclusive. See Section 21, Contact Information, for reporting.

10.3. The Report is presumed to be credible, and Supportive Measures may be
immediately requested. The Respondent is presumed not responsible for the reported
Covered Behavior unless and until the evidence supports a different determination.

10.4. The University will quickly assess every report of Covered Behavior for risk of harm to
the Complainant or to the broader campus community and will take steps necessary to
address those risks. The Title IX Coordinator will contact the Complainant to offer
supportive measures, provide information regarding resolution options, and determine
how they wish to proceed.

10.5. Amnesty Considerations: Any individual (including Complainant, Witness and
Respondent) who reports potential Covered Behavior in good faith will not be subject to
University disciplinary action under the Western Michigan University Student Code of
Conduct for their own consumption of alcohol or drugs at or near the time of the
incident, provided that any such violations did not and do not place the health or safety of
any other person at risk. The University may, however, initiate an educational discussion
or pursue other non-disciplinary, educational remedies regarding alcohol or drug
use. The University will not ask about or investigate the citizenship status of any
individual who submits a Report.

10.6. Complainant Reporting

10.6.1. When reporting to IE or law enforcement, Complainants do not need to request
any particular course of action, nor label what happened. Deciding how to proceed can
be a process that unfolds over time. Before or during the decision-making process,
Complainants and other reporting persons are encouraged to seek support and
information from a Confidential Resource.

10.6.2. Complainants are encouraged to preserve any physical evidence related to the
Report.

10.6.3. A Complainant may contact the Title IX Coordinator, the Department of Public
Safety or the YWCA for assistance with filing a criminal complaint or a civil protective
order and for information on a forensic exam and preserving evidence. See Section 21,
Contact Information.

10.6.4. A Complainant has the right to notify, or decline to notify, law enforcement. This
constitutes a recognized exception to the University Duty to Report policy, which
generally requires that University employees report all potential criminal acts
(See wmich.edu/policies/criminal). In the context of sexual assault, intimate partner
violence and stalking, federal law mandates that it is an adult Complainant’s option to
notify or decline to notify law enforcement.

10.7. Anonymous Reporting

10.7.1. Any individual may make an anonymous Report concerning Covered
Behavior. Individuals may report an incident without disclosing their name, identifying
the parties involved or requesting any action. However, depending on the extent of
information available about the incident or the individuals involved, the University’s ability
to respond to an anonymous report or take further action may be limited. An anonymous
report may be made online at wmich.edu/sexualmisconduct/report or by telephone at
(269) 387-6316.

10.7.2. The Title IX Coordinator will review each anonymous Report to determine available
actions. Where there is sufficient information, the University will ensure that anonymous
reports are reviewed and included for compliance with the Clery Act.

10.8. Mandated Reporting

10.8.1. When Mandated Reporters are notified of Covered Behavior, they must
immediately report the information to the Title IX Coordinator or designee in Institutional
Equity. The Mandated Reporter will keep all information they receive private. Notice to a
Mandated Reporter constitutes Notice to the University and will initiate a response. At the
request of an adult Complainant, a Mandated Reporter may give the Title IX Coordinator
Notice without identifying the adult Complainant. The Mandated Reporter can consult
with the Title IX Coordinator on that assessment without revealing personally identifiable
information.

10.8.2. Anyone with information made known to them in their professional or official
capacity regarding suspected mental or physical abuse or neglect of a child must
immediately report such information directly to Michigan’s Department of Human
Services by calling 855-444-3911 (24/7 toll free number). You must submit a written report
to the Department of Human Services within 72 hours of the initial verbal
report. Reporters must also inform the Program Director or the Office of Precollege
Programming. For purposes of this requirement, a “child” is anyone age 17 or younger.

10.8.3. Except as indicated in Section 10.8.1 above, all employees, students, contractors and
other University-affiliated persons must promptly report crimes to Public Safety per the
Duty to Report Criminal Acts Policy.

10.8.4 Pursuant to the Clery Act, Campus Security Authorities (CSA’s) must report
information regarding campus crimes to WMU Public Safety for record-keeping
purposes. This information may be de-identified to protect privacy.

10.8.5 Failure of a Mandated Reporter to report an incident as described above is a
violation of WMU policy and can be subject to disciplinary action for failure to
comply/failure to report. A Mandated Reporter who is themselves a target of prohibited
behavior under the Policy is not required to report their own experience, though they are
encouraged to do so.

10.9. Timeframes for Reporting

10.9.1. There is no time limit for reporting Covered Behavior; however, all individuals are
encouraged to report the behavior as soon as possible in order to maximize the
University’s ability to respond promptly and effectively.

10.9.2. If Complainant chooses not to file a Formal Complaint at the time of the Report,
they may file a Formal Complaint at a later date.

11. COMPLAINANT AGENCY AND AUTONOMY NOT TO PROCEED

11.1. Where Complainant requests that their name or other identifiable information not be
shared with Respondent, that no investigation occur, or that no formal action be taken,
the University will balance this request with its obligations to provide a safe and nondiscriminatory
environment for all University community members, including
Complainant or the person who reported the incident. The University must also remain
true to principles of fundamental fairness that require notice and an opportunity to
respond before action is taken against a Respondent.

11.2. The Title IX Coordinator (in consultation with the Coordinated Response Team, as
needed) will consider the following in evaluating a Complainant’s requests for
confidentiality, that no investigation occur, or that no formal action be taken:

11.2.1. the nature and scope of the alleged conduct, including whether the reported
Covered Behavior involves the use of a weapon;

11.2.2. the Complainant’s wish to pursue disciplinary action;

11.2.3. the respective ages and roles of the Complainant and Respondent;

11.2.4. the risk posed to any individual or to the campus community by not proceeding,
including the risk of additional violence;

11.2.5. whether there have been other reports of misconduct by the Respondent;

11.2.6. whether the Respondent threatened further sexual violence or other violence
against the Complainant or others;

11.2.7. whether the report reveals a pattern of misconduct (e.g., via illicit use of drugs or
alcohol) at a given location or by a particular group such that there is an increased risk of
future acts of sexual violence under similar circumstances;

11.2.8. whether the University possesses other means to obtain relevant evidence (e.g.,
security cameras or personnel, physical evidence);

11.2.9. considerations of fundamental fairness and due process with respect to the
Respondent should the course of action include disciplinary action against the
Respondent; and

11.2.10. the University’s obligation to provide a safe and non-discriminatory environment.

11.3. Where the University determines that action should be taken that is inconsistent
with Complainant’s request not to proceed, the Title IX Coordinator will inform the
Complainant about the University’s chosen course of action. As part of providing
Supportive Measures, the University may pursue steps to limit the effects of the alleged
Behavior and prevent its recurrence in ways that do not involve disciplinary action against
a Respondent or disclosing the identity of the Complainant. See section 12.2, Supportive
Measures.

12. FORMAL COMPLAINT

12.1. The Complainant may initiate a Formal Complaint at any time during or after an
initial Report by contacting IE and submitting the Complaint in writing. A parent or legal
guardian may file a Formal Complaint on behalf of their minor dependent or dependent
with a disability.

12.2. The Title IX Coordinator may sign a Formal Complaint related to Covered Behaviors
of which they have been made aware. In doing so, the Title IX Coordinator does not
become a Complainant or a Party for the case.

12.3. If the Respondent is not a member of the WMU Community at the time of the
Complaint, the University will still provide Supportive Measures to Complainant; however,
its ability to investigate and/or take action may be limited. The University will assist a
Complainant in identifying external reporting options.

13. SUPPORT PROVISIONS

13.1. Support Person and/or Advisor

13.1.1. Complainant(s) and Respondent(s) may each have a support person and/or advisor
of their choice present at any meeting related to the Report of Covered Behavior. For
Bargaining Unit members, the advisor or support person may be a union representative.

13.1.2. During investigative meetings, the advisor and support person are both silent and
non-participating entities who are there solely to observe and provide support. However,
either Party or their advisor/support person may request a short break during the
investigative meetings to confer.

13.1.3. If the case proceeds to a hearing, the advisor is then responsible for asking
questions on behalf of the Party. An advisor is required; if a Party does not have an
advisor, the University will provide one at no charge.

13.1.4. An advisor may be an attorney. Advisors should make themselves available for
meetings throughout the process.

13.1.5. Prior to their participation, the advisor and/or support person will be required to
review and agree to the University’s policies and procedures, privacy protections and
expected rules of participation and decorum. The University shall determine what
constitutes appropriate behavior on the part of a support person and advisor.

13.2. Supportive Measures

13.2.1. A Supportive Measure is any individualized action designed to restore or preserve
access to WMU’s education program or activity, including those designed to protect the
safety of the Parties or to protect the educational/working environment.

13.2.2. Supportive Measures are not sanctions. They are non-disciplinary, non-punitive
measures available to either Party, without cost and regardless of whether the
Complainant chooses to pursue an Informal or Formal Resolution under the
Grievance Procedures.

13.2.3 As part of its Assessment, the University may provide Supportive Measures based on
information gathered from a Report or individual consultation with each Party. The Title
IX Coordinator, or designee, has the discretion to implement these measures as
appropriate and in accordance with applicable University policies.

13.2.4. Supportive Measures may include:

13.2.4.1. Referral to counseling, medical, and/or other healthcare services;

13.2.4.2. Safety planning;

13.2.4.3. Public safety transportation and escort on campus;

13.2.4.4. Changing class schedule, including the ability to take an “incomplete,” drop a
course without penalty, or transfer sections (with the agreement of the appropriate
faculty);

13.2.4.5. Changing residence building;

13.2.4.6. Changing work schedule or job assignment;

13.2.4.7. Referral for academic accommodations and support services, such as tutoring;

13.2.4.8. Instituting a no contact order; or

13.2.4.9. Any other remedy that can be tailored to the individuals involved in order to
achieve the goals of this Policy

13.2.5. While evaluating the need for Supportive Measures, the University may consider
whether emergency removal of the Respondent is necessary. After conducting an
individualized safety and risk analysis, the University may remove a Respondent from a
University program or activity on an emergency basis if it determines that a Respondent
poses an immediate threat to the physical health or safety of any individual arising from
the allegations of Sexual Misconduct.

13.2.5.1. The emergency removal will remain in place pending the results of an
investigation or until the threat to health or safety has passed.

13.2.5.2. If the University institutes emergency removal, Respondent will receive notice and
an opportunity to challenge the decision immediately following their removal. For
students, emergency removal follows the Interim Suspension provisions and process set
forth in the WMU Student Code (see wmich.edu/studentrights/code). Employees will be
placed on Administrative Leave.

13.2.5.3. For employees, Administrative Leave may also be warranted when circumstances
suggest the presence of Respondent would significantly hinder the investigation.

13.2.6. Selection of Supportive Measures and whether to implement emergency removal
will vary depending on the facts of each case. WMU will consider a number of factors,
including:

13.2.6.1. the specific needs expressed by the Complainant and/or Respondent;

13.2.6.2. the age of the Parties involved;

13.2.6.3. the severity or pervasiveness of the allegations;

13.2.6.4. any continuing effects on either Party or the Campus Community;

13.2.6.5. whether the Complainant and Respondent share the same residence building,
dining hall, class, transportation, or job location;

13.2.6.6. overall safety of the campus community;

13.2.6.7. whether judicial measures have been taken to protect the Complainant (e.g., civil
protection orders); and

13.2.6.8. Respondent’s due process rights.

13.2.7. While Supportive Measures are in place, the Title IX Coordinator, in consultation
with other University administrators, may maintain contact with the Parties so that all
safety, emotional, and physical well-being concerns can be reasonably addressed.

13.2.8. Supportive Measures will be kept Private to the extent that maintaining that
privacy does not impair the University’s ability to provide assistance.

14. GRIEVANCE PROCESS (COMPLAINT RESOLUTION)

14.1 When responding to a Report of Covered Behavior, the University will take prompt
and effective steps reasonably calculated to: stop the prohibited conduct, eliminate any
hostile environment and its effects, and prevent the conduct from recurring. The
Civil Rights Grievance Procedures provide the framework for this approach, and include an
assessment (coordinating Supportive Measures and emergency removal/administrative
leave as needed) and informal or formal resolution options. The full Civil Rights Grievance Procedures are available at Civil Rights Grievance Procedures.

14.2 Informal Resolution is a voluntary option designed to resolve a Report or Complaint
by engaging mutually agreed upon alternative actions or Remedies that do not involve
disciplinary action against Respondent. Potential remedies may include safety measures,
agreement to no further contact, educational programming or training, supported
indirect communication, mediation, restorative justice and/or other actions. Either Party
may request to end Informal Resolution at any time and begin a formal resolution
process. An Informal Resolution is not permitted when a Student makes a Formal
Complaint of Title IX Sexual Harassment against an Employee.

14.3 Formal Resolution involves a determination, based on evidence, of whether the
Respondent is responsible for a policy violation. If so, the Remedies provided may involve
disciplinary action for the Respondent (see 17. Accountability). WMU uses two Formal
Resolutions processes; Title IX Resolution and Administrative Resolution.

14.3.1 Title IX Resolution includes an investigation, evidence review, live virtual hearing
with opportunity for cross-examination, hearing officer finding, disciplinary action (if
proven by the standard of evidence) and opportunity for appeal of sanction and finding.
This process is used to resolve Formal Complaints of Title IX Sexual Harassment, Sexual
Assault, Dating Violence, Domestic Violence and Stalking that meet Title IX jurisdictional
criteria:

14.3.1.1. reported while the Complainant was participating or attempting to participate in a
University educational program or activity (i.e. as an applicant, current student, current
employee); and

14.3.1.2 reported while the University had control of the Respondent; and

14.3.1.3 the incident must have occurred on property owned or operated by the University,
in the United States.

14.3.2 Administrative Resolution includes an investigation, evidence review, administrative
finding, disciplinary action (if proven by the standard of evidence) and opportunity for
appeal of sanction. This process is used to resolve Formal Complaints of Title VII/FHA
Sexual Harassment, Sexual Exploitation, Retaliation, Unauthorized Disclosure and Failure
to Comply/Process Interference. It may also be used to resolve Formal Complaints of Title
IX Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence and Stalking
that fall outside of Title IX jurisdiction criteria in 14.3.1.1-3 (i.e., off campus).

14.4 The choice of the Title IX Resolution or Administrative Resolution is solely at the Title
IX Coordinator’s discretion. Consideration will be given to meeting due process rights as
outlined in Doe v. Baum and other relevant federal cases applicable to WMU.

14.5 Allegations of Retaliation, Unauthorized Disclosure and Failure to Comply/Process
Interference will be resolved through IE coordinating with the disciplinary authority for
the Respondent; department head, Human Resources, Collective Bargaining
Administrators, Student Rights and Responsibilities, as appropriate. The University will
seek an outcome appropriate for the circumstances and the resolution may involve
sanctions/disciplinary actions from warning through expulsion/termination.

14.6 Complaint resolutions may involve Remedies specific to the workplace or educational
environment.

14.7. Any individual materially involved in the administration of the Grievance Procedures
will:

14.7.1. treat Complainants and Respondents equitably

14.7.2. neither have nor demonstrate a conflict of interest or bias for a party generally,
or for a specific Complainant or Respondent

14.7.3. make a good faith effort to complete the resolution process as promptly as
circumstances permit and communicate regularly with the Parties to update them on
the progress and timing of the process.

14.8. Employees in unions are subject to the terms of their agreements to the extent
those agreements do not conflict with federal or state compliance obligations.

14.9. WMU employees who witness Covered Behavior in the context of their workplace
are expected to participate in an investigatory interview and/or hearing, as needed.

14.10. WMU will only permit expert witness participation when requested by the person
conducting adjudication. Any expert witness utilized must not have a conflict of interest.

15. EVIDENTIARY STANDARD

The University will determine responsibility for violation of Policy using the
preponderance of the evidence standard of proof. This means whether it is more likely
than not, based upon the available information at the time of the decision, that the
Respondent is in violation of the alleged Policy violation(s).

16. CONSTITUTIONAL AND OTHER PROTECTIONS

16.1. Nothing in this Policy should be interpreted to limit constitutionally protected First
Amendment Rights, Due Process Rights of the 5th and 14th Amendments, or restrict any
other Constitutional rights.

16.2. First Amendment free speech rights protect speech on matters of public
interest. They do not protect illegal activity, sexual harassment as defined by this Policy,
destruction of property, or speech that materially and substantially disrupts classes or
campus activities.

16.3 The Policy is not meant to inhibit or prohibit educational content or discussions
inside or outside of the classroom that include germane, but controversial or sensitive,
subject matters protected by academic freedom.

16.4 When speech or conduct is protected by academic freedom and/or the First
Amendment, it will not be considered a violation of WMU policy, though Supportive
Measures and other Remedies be offered to those impacted.

17. EXCEPTIONS: NONE

18. ACCOUNTABILITY

18.1. WMU Community

18.1.2. For students, failure to follow this Policy could lead to a range of sanctions under
the Student Code including warning, reprimand, behavior contract, discretionary
sanctions, loss of privileges, probation, suspension, expulsion, revocation of degree and or
withholding degree, or any combination of those sanctions.

18.1.2. For administrators, faculty and staff, failure to follow this Policy could lead to a range
of disciplinary actions consistent with Human Resources policy and applicable bargaining
agreements including mandatory training, referral to counseling, job modification,
warning, reprimand, withholding of a promotion or pay increase, reassignment,
temporary suspension without pay, and termination.

18.2. For disciplinary action to be issued for Title IX Sexual Harassment under the Policy,
the Respondent must be a WMU Student or Employee at the time of the Formal
Complaint. For allegations other than Title IX Sexual Harassment, WMU may issue
disciplinary action under the Policy if the Respondent was a WMU Student or Employee
at the time of the alleged misconduct.

18.3. If the Respondent is unknown or is not a member of the WMU community, the Title
IX Coordinator will offer to assist the Complainant in identifying appropriate institutional
and local resources and support options and will implement appropriate supportive
measures and/or remedial actions (e.g., trespassing a person from campus).

18.4. The Title IX Coordinator can also assist in contacting local or institutional law
enforcement if the individual would like to file a police report about criminal conduct.

18.5. When a party is participating in a dual enrollment program, WMU will coordinate
with the party’s home institution to determine jurisdiction and coordinate providing
supportive measures and responding to the Report under the appropriate policy and
procedures based on the allegations and identities of the Parties.

18.6. When the Respondent is enrolled in or employed by another institution, the Title IX
Coordinator can assist the Complainant in contacting the appropriate individual at that
institution, as it may be possible to pursue action under that institution’s policies.

18.7. Similarly, the Title IX Coordinator may be able to assist and support a Student or
Employee Complainant who experiences Discrimination in an externship, study abroad
program, or other environment external to WMU where Sexual Harassment or
nondiscrimination policies and procedures of the facilitating or host organization may
give the Complainant recourse. If there are effects of that external conduct that impact a
Student or Employee’s education or employment environment, those effects can often
be addressed remedially by the Title IX Coordinator if brought to their attention.

18.8. For guests, visitors (including alumni and retirees), consultants, vendors, and others
engaged to do business with the University, failure to follow this Policy could lead to
being barred from campus and/or loss of access to University programs and activities, as
appropriate.

18.9. All vendors serving WMU through third-party contracts are subject to the policies
and procedures of their employers and/or to these Policies and procedures to which their
employer has agreed to be bound by their contracts.

18.10. Federal and State Law: Federal and State funding is premised on compliance with
the laws and guidance referenced in this Policy. The University could lose Federal or State
funding for failure to comply.

19. RELATED PROCEDURES AND GUIDELINES
Resources for assistance following incidents of sexual harassment and violence
are available online.
Procedures and Guidelines for the Grievance Process [LINK]

20. ADDITIONAL INFORMATION

20.1. Coordination with Law Enforcement: The University encourages Complainants and
Respondents to pursue their legal rights regarding criminal claims of Covered Behavior
that may also violate federal or state law. The University will offer assistance to involved
parties so they may file criminal reports and/or cooperate with law enforcement
agencies.

20.2. The University’s Policy, definitions and burden of proof may differ from Michigan or
federal criminal law. Neither law enforcement’s determination of whether to prosecute a
Respondent, nor the outcome of any criminal prosecution, determine whether a violation
of this Policy has occurred. Proceedings under this Policy may be carried out prior to,
simultaneously with, or following civil or criminal proceedings off campus.

20.3. At the request of law enforcement, the University may defer its Grievance Process
until after the initial stages of a criminal investigation. If the University delays for this
reason, it will communicate with the Complainant regarding Supportive Measures, rights,
and procedural options under this Policy to assure safety and well-being during the
criminal investigation. The University will promptly resume the Grievance Process under
this Policy as soon as it is informed that law enforcement has completed its initial
investigation.

20.4. Training Requirements: Every person involved in the resolution of a Report of
Covered Behavior must complete all legally required training. These individuals include
the Executive Director of IE, the Title IX Coordinator and their designees, Coordinated
Response Team members, Investigators, Hearing Officers, Appeals Committee members,
Disciplinary Authorities (designated Student Rights and Responsibilities staff, designated
Human Resources staff, Directors of Collective Bargaining, the Vice President for Student
Affairs and their designee), designated Public Safety staff. IE will post all training material
on a University web page so it is accessible to the public.

20.5. This Policy shall be deemed to automatically incorporate any relevant changes to
federal or state statutory changes, and related legal interpretations.

20.6. Where conduct involves the potential violation of both this Policy and the University
Non-Discrimination Policy, any resolution will encompass all relevant allegations.

21. CONTACT INFORMATION

21.1. Confidential Resources

21.1.1. Counselors at Counseling Services in Sindecuse Health Center
wmich.edu/healthcenter/counseling (269) 387-1850 or the Center for Counseling and
Psychological Services in Sangren Hall, (269) 387-5105, and Grand Rapids Clinic (616) 771-
4171.

21.1.2. Medical/clinical staff at Sindecuse Health
Center https://wmich.edu/healthcenter/clinic (269) 387-3287.

21.1.3. The FIRE Place, a student peer-support and resources center located in Sindecuse
Health Center, (269) 387-2990 or hpe-firepeered@wmich.edu.

21.1.4. Ordained clergy/pastoral counselors acting as advisor of any faith or spiritualfocused
registered student organization.

21.1.5. Off campus community resources, including sexual assault crisis counselors and
domestic violence resources (such as the YWCA, www.ywcakalamazoo.org/, (269) 385-
3587), local and state assistance agencies such as the State of Michigan Sexual Assault
Hotline: Call (855) 964-2374, Text (866) 238-1454, Chat www.mcedsv.org/hotline.

21.1.6. HelpNet Employee Assistance Program, wmich.edu/hr/resources/eap, (269) 372-
4500; 1-800-523-0591.

21.2. WMU Resources for reporting Covered Behavior
Title IX Coordinator: Listed on the Institutional Equity Directory
Postal Address: WMU Institutional Equity, 1903 West Michigan Avenue, Kalamazoo, MI
49008-5405 USA
Campus Location: 1220 Trimpe Building
Email: oie-info@wmich.edu
Telephone: (269) 387-6316
Online Incident Report: wmich.edu/sexualmisconduct/report
WMU Department of Public Safety (WMU DPS)*
Postal Address: 511 Monroe Street, Kalamazoo, MI 49006 USA
Emergency Telephone: 911
Telephone: (269) 387-5555
*WMU DPS must direct incidents outside of their jurisdiction to the appropriate local law
enforcement authority

21.3. External Contact
Concerns about WMU’s application of the Policy and compliance with certain federal civil
rights laws may be addressed to:
Office for Civil Rights (OCR)
Denver Office
Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Suite 310
Denver, CO, 80204-3582
Email: OCR.Denver@ed.gov
Fair Housing and Equal Opportunity (FHEO)
U.S. Department of Housing and Urban Development
Region 5 - Midwest
77 West Jackson Boulevard, Room 2101
Chicago, IL, 60604
Email: complaints_office_05@hud.gov
For allegations of Employee-on-Employee misconduct, contact:
Equal Employment Opportunity Commission – Detroit Office
Patrick V. McNamara Building
477 Michigan Avenue, Room 865
Detroit, MI 48226
Phone: 1-800-669-4000
Fax: 314-226-4610
TTY: 1-800-669-6820

22. FAQS

22.1. If I am a high school student who is taking a class at WMU, does this Policy apply to
me?
Yes. This Policy applies to anyone who is taking “one or more classes” at WMU.

22.2. How does this Policy apply to criminal proceedings arising out of the same facts
that led to the Title IX investigation?
The University may pursue enforcement of this Policy separate and apart from any
criminal proceedings. The University reserves the right to take action or pursue a
complaint even if criminal charges are pending, reduced or dismissed.

22.3. How can the University subject someone to discipline under this Policy when the
alleged behavior or location is explicitly excluded from the Title IX implementing
Regulations?
The Title IX regulations merely set the floor for what the University considers Sexual
Misconduct. Although you cannot file a complaint with the Department of Education
based on the University’s handling of behavior that does not meet the definition of Sexual
Harassment, the University may still consider that behavior to violate its code.

22.4. Does an incident have to occur on campus to be reported to the University?
No. Anyone may report any incident at any time. See section 10 for reporting options.

22.5. If my guest violates this Policy or is otherwise found responsible for misconduct, will I
be held responsible for their behavior?
Yes. Please refer to your housing conduct rules or contact Student Rights and
Responsibilities for additional information.

22.6. Are faculty required to Report disclosures of Covered Behavior?
Faculty members who receive a disclosure in their role as instructor are not required to
Report. A faculty member acting in a capacity listed under Mandated Reporter (e.g., as
Dean or Study Abroad Leader) is required to Report as described. Everyone is encouraged
to contact the Title IX Coordinator to confidentially discuss how to best support the
person who disclosed.

22.7. If I filed a Report before August 14, 2020, will my case be evaluated under this Policy
or under the old Sexual Assault and Misconduct Policy?
Only incident that are alleged to have occurred on or after August 14, 2020, will be
evaluated under this Sexual Misconduct Policy.

23. REFERENCES

23.1 The University must meet or exceed the State of Michigan Title IX requirements from
the current Fiscal Year Higher Education Appropriations Bill. The State budget language
may change annually. The text applicable to fiscal year 2025, from Public Act 120 of 2024,
MCL388.1841 is available online through the links below.
MCL - Section 388.1841a - Michigan Legislature and MCL - Section 388.1841b - Michigan
Legislature

23.2 Other references
• Title VII of the Civil Rights Act of 1964
• Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681-1688
• Title IX Implementing Regulations; Department of Education, Nondiscrimination on
the Basis of Sex in Education Programs or Activities Receiving Federal Financial
Assistance, 34 C.F.R. Part 106 (May 19, 2020)
• Violence Against Women Act, 42 U.S.C. §§ 14701-14040 (1994)
• Jeanne Clery Campus Safety Act, 20 U.S.C. § 1092(f)
• Elliot Larsen Civil Rights Act, Act 453 of 1976
• The Michigan Child Protection Law, 1975 PA 238, MCL 722.621 et. seq.
• Fair Housing Act (FHA) of 1968

24. RELATED POLICIES

• Other forms of prohibited discrimination and/or harassment, including race, color,
religion, national origin, sex, sexual orientation, gender identity, age, disability,
protected veteran status, height, weight, and marital status, are governed by the
University’s Non-Discrimination Policy which is located at wmich.edu/policies/nondiscrimination-
policy.
• Employee Policies and Staff Collective Bargaining Agreements
• Academic Collective Bargaining Agreements
• National Science Foundation Sexual Harassment Notices
• Eligibility To Serve as WMU Principal Investigators On Sponsored Projects Policy
• Consensual Sexual Relations Policy
• Student Code
• Family Educational Rights and Privacy Act (FERPA) Policy
• Housing and Residence Life Guest and Visitation Policy
• Some concepts in this policy are based on the Association for Title IX Administrators
(ATIXA) 2020 ONE POLICY, TWO PROCEDURES (1P2P) MODEL. ©2025 ATIXA. USED
WITH PERMISSION.