Sexual Misconduct 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 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 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.

3.21. 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. Self-defense 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 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 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 Intercourse [i]: 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 Contact [ii]: 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, if administrative action is taken against a Respondent based upon 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 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.  

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

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.

Civil RIghts Grievance Procedures

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.

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 @email.

21.1.4. Ordained clergy/pastoral counselors acting as advisor of any faith or spiritual-focused 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: @email
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: @email

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 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, pregnancy and related conditions, sexual orientation, gender identity, age, disability, protected veteran status, height, weight, and familial or marital status, are governed by the University’s Non-Discrimination 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.

  Endnotes:

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