The term Sexual Harassment will be used throughout this document and is considered an umbrella term applied to a number of unwelcomed behaviors of a sexual nature that would constitute sex-based harassment under Title IX. Sexual harassment may occur in any sex or gender composition--between members of different sexes or the same sex, regardless of gender or gender identity. It is defined as conduct on the basis of sex that meets one or more of the following:
Course of Conduct means two or more acts including but not limited to, acts in which the stalker directly, indirectly or through a third party 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
Reasonable Person means a reasonable person under similar circumstances and with similar identities to the victim
Substantial Emotional Distress means significant mental suffering or anguish that may, but does not necessarily require, medical or other professional treatment or counseling
Supportive Measures are free non-disciplinary and non-punitive individualized services extended, as appropriate and as reasonably available, to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Measures restore or preserve equal access to the College’s education programs or activities without unreasonably burdening the other Party.
They are also designed to deter sexual harassment, protect the College’s educational environment, and ensure the safety of all Parties. Supportive examples are detailed later.
Consent is clear, knowing, and voluntary; active, not passive; and silence, in and of itself, cannot be interpreted as consent. Additionally, consent to any one form of sexual activity cannot automatically imply consent to any other form of activity, nor can previous consent be construed to imply current consent. Consent cannot be given by someone who is not of legal age or by someone who is reasonably known to be (or should have been known to be) mentally or physically incapacitated. The State of Michigan does not have one single definition of consent. However, the following applies to consent in criminal cases in Michigan: Consent is a clear, freely given, verbalized “yes’ to sexual activity. The absence of “no” is not consent. Silence, in and of itself, cannot be interpreted as consent. A verbalized “yes” which has been coerced does not constitute a freely given “yes”. Individuals who consent to sex must be able to understand what they are doing. A person may not be able to give consent if they are under the age of 16 or if they are legally mentally incapable, mentally incapacitated or physically helpless.
For purposes of this Policy, education programs and activities include locations, events, or circumstances over which Mid exercises substantial control over both the Respondent and the context in which the sexual harassment occurs. The definition of program and activity also encompasses the College’s operations and includes computer and internet networks, digital platforms, and computer hardware or software owned, operated, or utilized by Mid in its operations.
A student, employee or third party makes a report of sexual harassment or retaliation to the College’s Title IX Coordinator or other authorized College official.
An employee of the College designated and authorized to coordinate the College’s efforts to comply with its responsibilities under Title IX. If circumstances should occur that would make the Title IX Coordinator unavailable, the College will appoint a temporary designee to carry out the obligations of the Title IX Coordinator.
An employee of the College who has been explicitly allocated with the responsibility to implement corrective measures for sexual harassment.
Individuals designated by the College’s Campus Non-Discrimination, Harassment and Sexual Misconduct Policy that have an obligation to report incidents of prohibited conduct, including sexual harassment.
An individual who is alleged to be the victim of conduct that constitutes sexual harassment or retaliation for engaging in a protected activity under this Policy.
The individual who has been reported to be the alleged perpetrator of conduct that could constitute sexual harassment or retaliation for engaging in a protected activity.
A document filed and signed by the Complainant, or the Title IX Coordinator, alleging sexual harassment or retaliation against a Respondent, requesting the College to investigate the allegation.
An individual chosen by a party, or appointed by the College, to accompany the Party to proceedings related to the resolution process, to advise the Party on that process, and to conduct cross-examination for the Party at the live hearing, if any.
The individual charged by the College with the responsibility of gathering facts, collecting evidence, and preparing the investigative report to be shared prior to the live hearing with the Parties, their Advisors, and the Decision-Maker.
Decision-Makers are those who have decision-making and/or sanctioning authority under the Formal Grievance process. Generally, Decision-Makers will be external individuals for both employee and student, Respondents. In singular cases involving student Respondents, the Decision-Maker may be an employee of the college. Any Decision-Maker selected will have been trained in areas that include serving impartially, issues of relevance, applicating rape shield protection for Complainants, and technology used at the live hearings. Decision-Makers will be free from conflict of interest or bias, including bias for or against Complainants or Respondents.
A conclusion by the preponderance of evidence that the alleged conduct did or did not violate policy.
A conclusion by the preponderance of evidence that the conduct did or did not occur as alleged.
The results of an informal or formal grievance procedure.
Measure provided to the Complainant after a determination of responsibility for sexual harassment has been made against the Respondent. Measures are designed to restore or preserve equal access to the College’s education program or activity.
A consequence imposed by Mid on a Respondent who is found to have violated this Policy.
(Updated JULY 2022)