Title IX Sexual Harassment Adjudication Process

The formal grievance process, outlined below, encompasses the time period from the filing of the Formal Complaint until the issuance of a written determination. This generally takes 60-90 business days to accomplish unless an extension has been requested and granted for good cause. If an extension is granted, written notice will be provided to the parties notifying them of the delay, the reason for the delay and the estimated additional time that will be needed to resolve the matter. Good cause considerations may include the absence of a party, a party’s Advisor or a witness; concurrent law enforcement activity; the need for language assistance or accommodation of disabilities.

In cases where an informal resolution is appropriate and the parties have agreed to such a resolution, the matter will generally be resolved within 30 to 45 business days from the date that the parties and Title IX Coordinator sign the notice of the informal resolution agreement. When an informal resolution process begins, the formal grievance process stops. If either party withdraws from the informal resolution, the grievance clock restarts from the point when the parties entered the informal process.

REPORT OF SEXUAL HARASSMENT

Title IX Coordinator will reach out to the Complainant and review their rights and options available; provide information on how to file a Formal Complaint.

Contact with Complainant; and does not wish to proceed

The Title IX Coordinator will discuss supportive measures available to the Complainant, and implement as requested.

No reply and/or does not wish to proceed

If there is no contact and/or Complainant does not wish to proceed, the Title IX Coordinator will determine if situation poses a risk to the health or safety of the campus community, sufficient for the Title IX Coordinator to sign a Formal Complaint.

Submission of signed Formal Complaint requesting that the College investigate an allegation of Sexual Harassment

This will be done either by the Complainant or in limited circumstances, the Title IX Coordinator and triggers the College’s grievance process.

TITLE IX COORDINATOR REVIEWS THE FORMAL COMPLAINT

The Title IX Coordinator determines if the alleged sexual harassment falls within the scope of the Title IX Sexual Harassment Policy, using a two pronged approach; does the conduct meet the Title IX Sexual Harassment definitions and did it occur in jurisdiction as outlined in the Policy.

Alleged conduct does not fall within scope of Title IX Policy

Title IX Coordinator will complete a ‘dismissal of complaint’ and may reissue or reassign the matter under another College policy as appropriate.

Alleged conduct does fall within scope of Title IX Policy

Title IX Coordinator will open a case for investigation and proceed with either the informal or formal grievance procedures notices.

CONSOLIDATION OF COMPLAINTS

In the event that multiple Formal Complaints would be filed arising out of the same factual circumstances, the Title IX Coordinator will review and may choose to consolidate the complaints.

NOTICE TO THE PARTIES

The Title IX Coordinator will send the Notice of Commencement of investigation to the Parties, which will include sufficient details known at the time, allow sufficient time for Parties to prepare for meetings with Investigator, and assign the Investigator.

After Coordinator sends the Notice of Commencement, the Case Manager will communicate with the Parties to remind them of their right to an Advisor and/or to bring their Union Representative if they are in a Union position.

REVIEW FOR INFORMAL RESOLUTION

The Title IX Coordinator and/or Investigator (as matter progresses) will review and where appropriate, may suggest informal resolution to the Parties. In instances where an informal resolution is agreed upon by the parties, the formal grievance process stops. If either party withdraws from informal resolution, then the grievance clock restarts from when the parties entered the informal process.

TITLE IX COORDINATOR HANDS MATERIALS OVER TO INVESTIGATOR – INVESTIGATION COMMENCES

The Investigator (or Case Manager) will reach out to the Parties, separately, to set up meetings.

INVESTIGATOR CONDUCTS MEETINGS WITH THE PARTIES

During the meetings, each individual will be afforded the opportunity to share their version of events, provide any evidence, suggest any relevant witnesses and submit questions that they would like asked of the other party or any witnesses.

INVESTIGATOR DEVELOPS AN INVESTIGATION PLAN

After meeting the Parties, the Investigator develops a plan that outlines a witnesses list, evidence list, intended investigation timeframe and the anticipated order of interviews for all witnesses and parties.

INTERVIEWS WITH WITNESSES/COLLECTION OF EVIDENCE

The Investigator will interview witnesses provided by the parties and collect/review evidence as submitted/assembled.

PREPARATION OF PRELIMINARY INVESTIGATIVE SUMMARY

The Investigator will prepare and share with the Parties and their Advisor if desired, the Preliminary Investigation Summary. The Preliminary Summary will include all relevant information directly related to the allegations raised in the Formal Complaint and gathered by the investigators, (including both inculpatory and exculpatory evidence).

PARTIES’ OPPORTUNITY TO REVIEW AND RESPOND TO PRELIMINARY INVESTIGATIVE SUMMARY

The parties will have 10 business days to review the Preliminary Summary and any evidence gathered so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation.

REVIEW OF RESPONSE/REBUTTAL

The Investigator will review any responses/rebuttal received by the Parties. The Title IX Investigator will consider any appropriate, additional information provided by the Parties and conduct any additional interviews and/or investigations as deemed necessary.

FINAL INVESTIGATIVE CASE SUMMARY DISTRIBUTED

The Investigator will prepare and share the Final Investigative Case Summary with the Parties, their Advisors if desired, and the Title IX Coordinator through a secure electronic transmission or hardcopy.

SECURING DECISION-MAKER

The Title IX Coordinator will secure a Decision-Maker who will oversee the Live Hearing.

SCHEDULING OF PRE-HEARING CONFERENCE AND LIVE HEARING

The Title IX Coordinator will work with the Parties, their Advisor, and the Decision-Maker to schedule a Pre-Hearing Conference and Live Hearing. Notice of Hearing will be provided to the Parties, Advisor and Decision-Maker, in writing, and will include an attachment outlining various elements regarding: Live Hearing rights, decorum, how to request an Advisor, accommodations etc.

PRE-HEARING CONFERENCE

If the Parties agreed, the Title IX Coordinator will conduct the Pre-hearing conference which is a specific time where the Parties and their respective Advisors may meet independently of the other Party, with Title IX Coordinator to review the items outlined in the Notice of Live Hearing.

Items that will be reviewed at the Pre-Hearing Conference include: explanation of information contained within the Notice of Hearing; review the live hearing process and Hearing decorum; address any requests regarding services and accommodations that they may require; to assign a College-appointed Advisor if a Party does not already have an Advisor of choice; to raise conflict of interest regarding the selected Decision-Maker(s); present cross-examination questions that they would like forwarded to the Decision-Maker(s) ahead of the live hearing, for relevance determination (any questions deemed irrelevant will be noted at the live hearing and on the record with rationale provided)

LIVE HEARING

At the Live Hearing:

  1. The Decision-Maker or Hearing facilitator will provide an overview of the processes, hearing decorum, and ensure that all accommodations are established and technology is operative.
  2. If cross-examination questions were submitted prior to the hearing for review of relevance, the Decision-maker(s) will read the questions that will not be allowed due to relevance and provide a rationale for disallowing the questions.
  3. The Title IX Investigator will present a summary of the Final Investigative Report to the Decision-Maker(s). After presenting the summary, the Investigator will be subject to questioning by the Decision-Maker and parties, through their Advisor. The Decision-Maker and Advisors should refrain from asking questions that pertain to the Investigator’s opinion on credibility, recommended findings, or determination.
  4. After the Title IX Investigator has presented the summary and questioning have concluded, the Parties and witnesses will be allowed to present relevant information in turn, beginning with the Complainant, followed by the Respondent. The Parties and witnesses will submit to questions first by the Decision-Maker and then through the Advisors.

Once the Parties and witnesses have finished answering questions, the Decision-maker(s) will take the matter under advisement for deliberation.

FINAL DETERMINATION REGARDING RESPONSIBILITY AND POST DELIBERATION STATEMENT

Using a preponderance of the evidence standard (more likely than not), the Decision-Maker(s) will render a final determination and prepare a post deliberation statement.

ESTABLISHING SANCTIONS

If a determination of responsible is rendered, the Title IX Coordinator will address the post- deliberation statement as follows: for student Respondents, the matter will be referred to the Student Conduct Office who will determine the appropriate sanctions. Sanctions for employee Respondents will be referred to Human Resources (HR). Human Resources, in conjunction with the employee’s Supervisor, Dean (or other pertinent party), will determine appropriate sanctions.

NOTICE OF FINAL OUTCOME

The Title IX Coordinator, using the post deliberation statement, will prepare the Notice of Final Outcome which will include the final determination regarding responsibility, rationale, and any sanctions imposed, along with appeal information. The Notice of the Final Outcome will be delivered simultaneously to the Parties and their Advisor, if desired, via secure electronic email to their Midmail accounts and/or via hardcopy through the United States Postal Service to the address on file with Mid at the time of issuing the Notice of Final Outcome.

Specifically, the Notice of Final Outcome will address:

  • The specific portion of the Policy, and any related policies, reported to have been violated
  • The procedural steps and timeframe taken throughout the grievance process, beginning with the filing of the Formal Complaint through the Notice of Final Outcome
  • Findings of fact that support the determination of responsibility or non-responsibility on each allegation
  • Conclusion regarding the application of the relevant policy to the facts at issue
  • A statement of, and rationale for, the determination of responsibility for each allegation to the extent permitted under law
  • Any sanctions/responsive actions imposed, to the extent permitted sharable under law
  • Any remedies provide to the Complainant designed to ensure access to Mid’s educational or employment program of activity, to the extent permitted under law
  • Information on both Party’s right to appeal and the steps to file an appeal.

FILING AN APPEAL

The Complainant or Respondent may file an appeal with the Title IX Coordinator. The petition must be filed within 5 business days of receiving the written Notice of Final Outcome. Any party that files an appeal must do so, in writing, to the Title IX Coordinator.

APPEAL PROCESS

The Title IX Coordinator will provide the Parties with copies of any Appeal request and will forward the Appeal onto the Appeals Board for review and determination. A written outcome will be provided to the Parties simultaneously, via secure electronic email to the parties’ midmich.edu account, and/or hardcopy through the United States Postal Service to their address on file with the College,

The only grounds for appeal are:

  • If a procedural (or substantive) error occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures, etc.)
  • To consider new evidence that was unavailable during the original hearing or investigation and could substantially impact the original finding or sanction; a summary of this new evidence and its potential bearing must be included
  • The Title IX Coordinator, Investigator, or Decision-Maker had a conflict of interest or bias for or against Complainants or Respondent generally or the individual Complainant/Respondent that affected the outcome of the matter
  • The sanctions imposed are substantially disproportionate to the severity of the violation; post-investigation sanctions that are imposed can be appealed by either Party