Non-Discrimination 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 prohibited discrimination and harassment, as well as from retaliation for engaging in protected activities. 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. This Policy prohibits behaviors that constitute discrimination or harassment prohibited by state and federal law.

 The WMU Community.    

3.1 Americans with Disabilities Act (ADA) of 1990 and the ADA Amendments Act of 2008 (ADAAA): provides civil rights protections for individuals with disabilities in employment and extends the standards for compliance set forth in Section 504 of the Rehabilitation Act of 1973, prohibits discrimination on the basis of disability in programs that receive federal financial assistance. 

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

3.3. 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 mandates reporting of hate crimes.  

3.4. Complainant:  a person alleged to have been directly or indirectly subjected to Covered Behavior.

3.5.  Complaint: a written statement filed by a Complainant alleging Covered Behavior against a Respondent and requesting a Remedy or an informal or formal resolution through the Grievance Process. 

3.6 Confidential:  a category of information that, when disclosed to someone on a specific list of individuals may only be shared if there is an imminent threat of harm to self or others.

3.7. 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.

3.8.  Covered Behavior: the following prohibited behaviors, as defined herein: discrimination; discriminatory harassment; retaliation; unauthorized disclosure; failure to comply/process interference; and other actions where such behavior is based on real or perceived membership in a Protected Class. 

3.9. 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.

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

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

3.12. Hate Crime: a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. Under the Clery Act, WMU is required to report statistics for hate (bias) related crimes.

3.13. Mandated Reporter: a person designated by this Policy to promptly Report disclosures or observations of discrimination and discriminatory harassment to Institutional Equity. 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 on-call 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 or Complaint that may be shared with a small circle of individuals who have a need to know.

3.17. Protected Characteristic: characteristic that is legally shielded from discrimination in accessing either education, employment, or facilities. Includes: race, traits historically associated with race, color, religion, national origin, sex (including sex stereotypes, sex characteristics, pregnancy and related conditions) sexual orientation, gender identity, age, protected disability, protected veteran status, genetic information, height, weight, familial status or marital status. In some cases, the legal protections extend to people who are perceived as having a Protected Characteristic. This definition is subject to change based on legislative, regulatory, or legal changes. 

3.18. Protected Class:  a group of people who share a common Protected Characteristic. 

3.19. 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 Discrimination or Discriminatory Harassment. Specific measures, including organizational and operational changes, are provided to restore or preserve that person’s access, address any safety issues and prevent recurrence.

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

3.21. Respondent: the person accused of the Covered Behavior.

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

3.23. 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).

3.24 Title VI of the Civil Rights Act of 1964: prohibits discrimination on the basis of race, color, and national origin in educational programs or activities. Title VI prohibits retaliation against any individual who files a good faith complaint or participates in a grievance procedure.

3.25. Title VII of the Civil Rights Act of 1964: prohibits employment discrimination or harassment on the basis of race, sex, gender, gender identity, national origin and religion. Title VII prohibits retaliation against any individual who files a good faith complaint or participates in a grievance procedure.

3.26. Title IX: federal law that protects individuals from discrimination based on sex in education programs or activities in institutions 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.   

3.27. Title IX Coordinator: person designated by WMU to receive all Reports of sex-discrimination and sex-based harassment, 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 (Deputy Title IX Coordinator or other designee) to assist with carrying out these responsibilities.

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

4.1. WMU prohibits discrimination or harassment that violates the law or that limits admission, residential, employment, or education opportunities based on the Protected Characteristics of race, color, religion, national origin, sex (including sex stereotypes, sex characteristics, pregnancy and related conditions) sexual orientation, gender identity, age, protected disability, protected veteran status, genetic information, height, weight, familial status or marital status. 

4.2. Retaliation against any individual or group of individuals for their participation in the enforcement of this Policy is prohibited by this Policy and by state and federal law. 

 4.3. The University will assess and attempt to resolve all Reports of Covered Behavior in a prompt, equitable and effective 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.

4.3. The University Community will be notified of this Policy via its posting on the University’s Policy webpage, Institutional Equity’s webpage and standard departmental communication. The WMU Notice of Non-Discrimination, in print or digital form (https://wmich.edu/equity/nondiscriminationnotice) must be included in bulletins, announcements, publications, catalogs, application forms, or other recruitment materials that are made available to participants, students, applicants, or employees.

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

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.

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 work-related capacity. 

7.1. The University will treat attempts to commit any Covered Behavior as if those attempts had been completed.

7.2. Discrimination: as defined in either form here.

7.2.1. Disparate Treatment Discrimination: Any intentional differential treatment of a person or persons that is based on an individual’s actual or perceived Protected Characteristic and that: (1) excludes an individual from participation in; (2) denies the individual benefits of; or (3) otherwise adversely affects a term or condition of an individual’s participation in a WMU program or activity.

7.2.2. Disparate Impact Discrimination: Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a Protected Class group or person that: (1) excludes an individual from participation in; (2) denies the individual benefits of; or (3) otherwise adversely affects a term or condition of an individual’s participation in a WMU program or activity.

7.3. Discriminatory Harassment: unwelcome conduct on the basis of actual or perceived Protected Characteristic(s), that based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from WMU’s programs or activities.

7.4. 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 or proceeding 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.

7.5. 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.

7.6. 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.

8.1. WMU is committed to protecting the Privacy and Confidentiality of all individuals involved in a reporting Covered Behavior.  Privacy and Confidentiality have distinct meanings under this Policy.  

8.2. 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.  

8.2.1. 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.

8.3. 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 and ordained clergy/pastoral counselors. A list of Confidential Resources is under Section 21, Contact Information.

8.4. Permitted Disclosures

8.4.1. 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. 

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

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

9.2. All individuals are encouraged to promptly report conduct that may violate this Policy to IE.   Individuals are also encouraged to report conduct that may violate criminal law (i.e., Hate Crime) to both IE and local law enforcement.  These processes are not mutually exclusive. See Section 19, Contact Information, for reporting.

9.3. 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.  

9.4. Complainants and Respondents are encouraged to preserve any physical evidence related to the Report.

9.5. Anonymous Reporting

9.5.1. 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 https://wmich.edu/equity or by telephone at (269) 387-6316.

9.5.2. IE will review each anonymous Report to determine available actions.  Where there is sufficient information, the University will ensure that anonymous reports involving a crime are reviewed and included for compliance with the Clery Act.

9.6. Mandated Reporting

9.6.1. When Mandated Reporters are notified of Covered Behavior, they must immediately report the information to 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 Institutional Equity Notice without identifying the adult Complainant. The Mandated Reporter can consult with Institutional Equity on that assessment without revealing personally identifiable information.

9.6.2. Except as indicated in Section 9.6.1 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.

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

9.6.4 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.

9.7. Timeframes for Reporting

9.7.1. 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.  

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

10.1. 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 non-discriminatory 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.  

10.2. IE administrators (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:

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

10.2.2. the Complainant’s wish to pursue sanction/disciplinary action;

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

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

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

10.2.6. whether the Respondent threatened further discriminatory actions, harassment or violence against the Complainant or others; 

10.2.7. whether the report reveals a pattern of misconduct at a given location or by a particular group such that there is an increased risk of future acts of discrimination, harassment or violence under similar circumstances; 

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

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

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

10.3. Where the University determines that action should be taken that is inconsistent with Complainant’s request not to proceed, IE administrators 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.

11.1. The Complainant may initiate a Complaint at any time by contacting IE and submitting the Complaint in writing.  

11.2. If the Respondent is not a member of the WMU Community at the time of the report, 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 any available external reporting options.

12.1. Support Person and/or Advisor 

12.1.1. 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.

12.1.2. 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.

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

12.1.4. 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.  

12.2. Supportive Measures

12.2.1. 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.

12.2.2. 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. 

12.2.3. As part of its Assessment, the University may provide Supportive Measures based on information gathered from a Report or individual consultation with each Party.  IE administrators have the discretion to implement these measures as appropriate, as reasonably available, without unreasonably burdening either Party and in accordance with applicable University policies.  

12.2.4. Supportive Measures may include: 

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

12.2.4.2. Safety planning;

12.2.4.3. Public safety transportation and escort on campus;

12.2.4.4. 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);

12.2.4.5. Changing residence building;

12.2.4.6. Changing work schedule or job assignment;

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

12.2.4.8. Instituting a no contact order; or

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

12.2.5. 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 Discrimination or Discriminatory Harassment.

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

12.2.5.2. For students, emergency removal follows the Interim Suspension provisions and process set forth in the WMU Student Code (see wmich.edu/studentrights/code/code). Employees under emergency removal will be placed on Administrative Leave. Details are in the WMU Civil Rights Grievance Procedures.

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

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

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

12.2.6.2. the age of the Parties involved; 

12.2.6.3. the severity or pervasiveness of the allegations; 

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

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

12.2.6.6. overall safety of the campus community; 

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

12.2.6.8. Respondent’s due process rights.  

12.2.7. While Supportive Measures are in place, IE Administrators, 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.

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

13.1. 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 discrimination or harassment from recurring. The Civil Rights Grievance Procedures provide the framework for this approach.

13.2. The Civil Rights Grievance Procedures apply to Discrimination and Discriminatory Harassment, and include an assessment (coordinating Supportive Measures or emergency removal/administrative leave as needed) and options for an Informal Resolution or an Administrative Resolution. The full Grievance Procedures are available at Civil Rights Grievance Procedures.

13.3. 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 the Administrative Resolution process.

13.4. Administrative 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).

13.5. 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.

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

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

13.7.1. treat Complainants and Respondents equitably 

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

13.7.3. 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.

13.8 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.

13.9. 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.

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

13.11. WMU reserves the right to address offensive conduct and/or harassment that (1) does not rise to the level of creating a hostile environment, or (2) that is of a generic nature and not based on a protected characteristic. Addressing such conduct will not result in the imposition of discipline under this Policy, but may be addressed through respectful conversation, remedial actions, education, a referral, the restorative justice process or other informal or formal resolution mechanisms for employees or students, as appropriate.

13.12. Disability-based Grievances and Complaints: Grievances related to disability status and/or provision of accommodations are addressed using the procedures in the Reasonable Accommodation Policy. However, allegations of discrimination on the basis of an actual or perceived disability, including instances in which the provision of reasonable accommodations has a discriminatory effect, will be resolved using the Grievance Process in this section. 

14.1 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).

15.1. 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.

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

15.3. 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.

15.4. 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.

17.1. WMU Community

17.1.1. 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.

17.1.2. 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.

17.2. 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.

17.3. 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.

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

19.1. Confidential Resources

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

19.1.2. The FIRE Place, a student peer-support and resources center located in Sindecuse Health Center (269) 387-2990 or @email.

19.1.3. Ordained clergy/pastoral counselors acting as advisor of any faith or spiritual-focused registered student organization.

19.1.4. Off campus community resources; Child & Family Psychological Services (269) 372-4140 childandfamilypsych.com, Family & Children Services (269)344-0202 or fcsource.org

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

19.2. WMU Resources for reporting Covered Behavior 

Institutional Equity Administrators 

ADA Coordinator: Listed on the Institutional Equity Directory

Title IX Coordinator: Listed on the Institutional Equity Directory

Online Incident Reporting Form: https://wmich.edu/equity/reporting-forms

Postal Address: WMU Institutional Equity, 1903 West Michigan Avenue, Kalamazoo, MI 49008-5405 USA
Campus Location: 1220 Trimpe Building 
Email: @email
Telephone: (269) 387-6316

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

19.3.  External Contact Information 

Concerns about WMU’s application of this Policy and compliance with relevant state and federal civil rights laws may also be addressed to:

Michigan Department of Civil Rights

Detroit Executive Office/Service Center

3054 West Grand Boulevard,

Suite 3-600

Detroit, Michigan, 48202

Phone: 313-456-3700
Toll-free: 800-482-3604
TTY: 887-878-8464

Fax: 313-456-3701
Email: @email 

Office for Civil Rights (OCR)

Denver Office

Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Suite 310

Denver, CO, 80204-3582

Email: @email

Equal Employment Opportunity Commission – Detroit Field Office
Patrick V. McNamara Building
477 Michigan Avenue, Room 865
Detroit, MI 48226 
Phone:313-774-0020 
Fax: 313-226-4610 
TTY: 1-800-669-6820

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

20.2. Where conduct involves the potential violation of both this Policy and the University Sexual Misconduct Policy, any resolution will encompass all relevant allegations. 

What types of complaints does IE investigate?

IE handles complaints surrounding incidents, allegations and charges of Protected Characteristic discrimination and harassment, and retaliation prohibited by federal and state civil rights laws and regulations involving WMU students and employees, and other members of the University community.

How do I file a complaint?

To report an incident of; prohibited bias, discrimination, harassment, sexual misconduct or retaliation, please use the Incident Reporting Form. For assistance in filing a criminal complaint and preserving physical evidence, contact WMU Department of Public Safety or your local law enforcement agency. You may also contact a civil rights office to file a complaint.

When should I file a complaint with IE?

You should file a complaint when you believe you have experienced any form of Protected Characteristic discrimination, harassment, bias or retaliation. Filing a complaint is the best way to access support and resolution options.

What happens when I file a complaint?

You may view our flowchart detailing what happens after a complaint is filed with IE.

Do I have to participate in the investigation process?

No. However, the University may proceed without the benefit of your input. You will be notified if the University must proceed with an investigation.

Is my involvement or what I say private?

The University is committed to protecting the privacy of all individuals involved in a report of discrimination or discriminatory harassment. Throughout the process, every effort will be made to protect the privacy interests of all individuals in a manner consistent with the need for a thorough review of the reported incident. 

What are options for a resolution other than an IE investigation?

IE can facilitate an informal resolution; a voluntary option with mutually agreed upon alternative actions or Remedies that do not involve disciplinary action against Respondent. 

This may include, Supportive Measures, accommodations, targeted or broad-based educational programming or training, restorative justice, supported direct confrontation of the Respondent and/or indirect action.

Are bias incidents considered discrimination?

Bias incidents refer to conduct, speech, images or expression that demonstrate conscious or unconscious bias which targets individuals or groups based on, but not limited to, their actual or perceived race, ethnicity, national origin, sex, gender identity or expression, sexual orientation, disability, age, religion, socioeconomic status or other social identities.  A bias incident may be discrimination depending on the facts surrounding the incident. You may report incidents of bias on the basis of protected group identities to Institutional Equity. Administrators will assess whether the incident constitutes harassment or discrimination under the Policy and connect you with resources, as appropriate.

Where can I find support for managing conflicts in my work area?

Campus Employee Dispute Resolution Services (CEDRS). Dispute resolution services are offered in a confidential and private fashion to the campus community. These resources represent a means to assist faculty and staff with resolving interpersonal disputes and departmental conflicts.

• Title VII of the Civil Rights Act of 1964
• Title VI of the Civil Rights Act of 1964
• Title IX of the Education Amendments Act of 1972
• Americans with Disabilities Act, Amendments Act of 2008
• Section 504 of the Rehabilitation Act of 1973
• Lilly Ledbetter Fair Pay Act of 2009
• Age Discrimination in Employment Act of 1967
• Jeanne Clery Campus Safety Act (the Clery Act)

• Academic Collective Bargaining Agreements

• Anti-Bullying Policy
• Sexual Misconduct Policy
• HIPAA Privacy, Security, and Breach Notification
• Reasonable Accommodation 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