Non-Discrimination Policy

 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 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.

2. STAKEHOLDERS MOST IMPACTED BY THE POLICY
The WMU Community.

3. DEFINITIONS

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, 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 are

as, 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. POLICY

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.

5. SCOPE

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

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. 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. 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 education program or activity.

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. PRIVACY AND CONFIDENTIALITY

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. REPORTING

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. COMPLAINANT AGENCY AND AUTONOMY NOT TO PROCEED

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 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.

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. COMPLAINT

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. SUPPORT PROVISIONS

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.

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. GRIEVANCE PROCESS (COMPLAINT RESOLUTION)

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 Civil Rights 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. EVIDENTIARY STANDARD

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. CONSTITUTIONAL AND OTHER PROTECTIONS

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.

16. EXCEPTIONS: NONE

17. ACCOUNTABILITY

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.

18. RELATED PROCEDURES AND GUIDELINES

Procedures and Guidelines for the Grievance Process

19. CONTACT INFORMATION

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 hpe-firepeered@wmich.edu.

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: oie-info@wmich.edu
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: MDCRServiceCenter@michigan.gov
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
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. ADDITIONAL INFORMATION

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.

21. FAQS

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.

22. REFERENCES
• 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)
• Fair Housing Act (FHA) of 1968
23. RELATED POLICIES
• Employee Policies and Staff Collective Bargaining Agreements
• Academic Collective Bargaining Agreements
• Student Code
• 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.PURPOSE OF POLICY