Overview
Central Michigan
University (the “University”) is an affirmative action/equal opportunity
(AA/EO) institution, providing equal opportunity to all persons, including
minorities, females, veterans and individuals with disabilities. The University
strongly and actively strives to increase diversity and provide equal
opportunity within its community. The University encourages diversity and
provides equal opportunity in education, employment, all of its programs, and
the use of its facilities. The University is committed to protecting the
constitutional and statutory civil rights of persons connected with the University.
The Office of Civil
Rights and Institutional Equity coordinates and monitors the University’s AA/EO
efforts and programs to assure compliance with the Americans with Disabilities
Act, Titles VI and VII of the 1964 Civil Rights Act, Title IX of the Education
Amendments of 1972, Executive Order 11246, Section 504 of the Rehabilitation Act
of 1973, the Violence Against Women Reauthorization Act of 2013, the
Elliott-Larsen Civil Rights Act and other relevant state and federal statutes.
The Office of Civil Rights and Institutional Equity also supervises the
maintenance of related reports and records, provides and develops related
educational programs and materials, offers guidance and advice to all community
members on the University’s nondiscrimination and affirmative action polices
and procedures, and assists departments with recruitment and retention
activities.
The Office of Civil
Rights and Institutional Equity also receives and resolves complaints of
discrimination, harassment, and sexual misconduct from students, employees, and
others. To file a complaint of discrimination, harassment, or sexual misconduct,
contact the Office of Civil Rights and Institutional Equity. Contact
Information for the Office of Civil Rights and Institutional Equity can be
found at the end of this page, or on the Office of Civil Rights and
Institutional Equity’s webpage at http://www.cmich.edu/office_president/OCRIE/Pages/Contact_Information.aspx.
Nondiscrimination Policy
CMU’s Nondiscrimination Policy prohibits
unlawful acts of discrimination and harassment by members of the campus
community. Furthermore, even if these acts are not illegal, conduct is
prohibited if it discriminates against any University community members through
inappropriate limitations of access to, or participation in, educational,
employment, athletic, social, cultural, or other University activities on the
basis of the University community member’s protected class status.
The following class statuses are protected under
the University’s Nondiscrimination Policy:
- Age
- Color
- Disability
- Ethnicity
- Gender
- Gender Expression
- Gender Identity
- Genetic Information
- Height
- Marital Status
- National Origin
- Political Persuasion
- Pregnancy, Childbirth, or Related Medical Conditions
- Race
- Religion
- Sex
- Sex-based Stereotypes
- Sexual Orientation
- Transgender Status
- Veteran Status
- Weight
Affirmative Action and Equal Opportunity Protocol
The University’s Affirmative Action and Equal
Opportunity Protocol (the “Protocol”) effectuates the University’s
Nondiscrimination Policy. The Protocol outlines the manner in which allegations
of discrimination and harassment are addressed, as well as the specific conduct
that would violate the University’s Nondiscrimination Policy and/or the
Protocol. The University interprets and applies the Protocol in a manner that
is consistent with relevant constitutions, statutes, regulations, and
guidelines of the United States and the State of Michigan.
The following conduct is prohibited under the
Protocol:
A. Discrimination
Discrimination
is unfavorable treatment of an individual because of their protected
class status (e.g. age, color, disability, familial status, etc.).
Discrimination can also include failing to provide an individual with a
reasonable accommodation for a disability.
B. Harassment
Harassment is subjectively unwelcome conduct or communication regarding, or on the basis of, a
protected class status (e.g. age, color, disability, familial status,
etc.) that creates an objectively intimidating, hostile, or abusive
environment with respect to an individual's education, employment,
housing, access to public accommodations, public services, or
telecommunications. In considering whether or not actions created an
objectively hostile environment, the severity and pervasiveness of the
actions are considered.
C. Threats
Threats
or abusive statements made by a member of the University Community in
that individual's role as a member of the University Community directed
toward another individual based upon that other individual's actual or
perceived protected class status.
D. Intimidation
Conduct
by a member of the University Community which maliciously and with
specific intent to intimidate or harass another person because of that
person's protected class status and which:
- Makes physical contact with another person; or
- Damages or defaces any property of another person; or
- Threatens by word or act to do one of the above if there is a reasonable cause to believe that such an act will occur
Sexual Misconduct PolicyThe University’s Sexual Misconduct Policy outlines
the manner in which allegations of sexual misconduct are addressed, including
the provision of interim measures and accommodations available to those
individuals affected by acts of alleged sexual misconduct. The most common
interim measures and accommodations available are no contact orders on campus
and modifications of work or class assignments. An individual does not need to
file a complaint with the University or law enforcement to receive a reasonably
available accommodation.
The following conduct is prohibited under the Sexual
Misconduct Policy (As
used in these definitions, the term “Complainant” means a person allegedly
subjected to either Sexual Misconduct or Retaliation in violation of the Sexual
Misconduct Policy.):
A. Dating Violence
Dating
violence means violence by a person who has been in a romantic or
intimate relationship with the Complainant. Whether there was such
relationship will be gauged by the length, type, and frequency of
interaction.
B. Domestic Violence or Intimate Partner Violence
Domestic
Violence or Intimate Partner Violence means a felony or misdemeanor
crime of violence committed by a current or former spouse or intimate
partner of the Complainant, by a person with whom the Complainant shares
a child in common, by a person who is cohabitating with or has
cohabitated with the Complainant as a spouse, by a person similarly
situated to a spouse of the Complainant under the domestic or family
violence laws of the applicable jurisdiction, or by any other person
against a Complainant who is protected from that person's acts under the
domestic or family violence laws of the applicable jurisdiction.
C. Sexual Assault
Sexual Assault means touching of a sexual nature without consent, including, but not limited to, any of the following acts:
- penetration, no matter how slight, of a person's vagina or anus with any body part or object without the Complainant's consent;
- penetration, no matter how slight, of a person's mouth by another person's sex organ without the Complainant's consent;
- intentional
touching, without the Complainant's consent, of a person's intimate
body parts, or any materials, such as clothing, covering the immediate
area of a person's intimate body parts, including, but not limited to,
that person's breasts, buttocks, groin, or mouth, for the purposes of
sexual arousal or gratification, a sexual purpose, or in a sexual manner
for revenge, to inflict humiliation, or out of anger;
- sexual
intercourse between people where the sexual intercourse would constitute
incest under the applicable jurisdiction's law; or
- sexual intercourse with a Complainant who is under the statutory age of consent.
D. Sexual Exploitation
Sexual
Exploitation means conduct involving a person taking, or attempting to
take, non-consensual or abusive sexual advantage of a Complainant when
such conduct would not otherwise be defined as sexual harassment or
sexual assault including, but not limited to, prostitution, sexual
voyeurism, or taking pictures of a sexual nature without the
Complainant's consent or exceeding the boundaries of that consent.
E. Sexual Harassment
Sexual
Harassment means nonconsensual sexual advances, requests for sexual
favors, or other verbal or physical conduct of a sexual nature where:
- submission
to such conduct is made either explicitly or implicitly a condition of a
Complainant’s employment or academic standing;
- submission
to or rejection of such conduct is used as the basis for employment
decisions or for academic evaluation, grades, or advancement; or
- such
conduct has the purpose or effect of unreasonably interfering with a
Complainant's work or academic performance, or creating an intimidating
or hostile environment regarding education, employment, housing, or
participation in CMU activities.
F. Stalking
Stalking
means a course of conduct directed at a specific Complainant that would
cause a reasonable person to fear for that person's own or someone
else's safety, or to suffer substantial emotional distress. Substantial
emotional distress means significant mental suffering or anguish that
may, but does not necessarily, require medical or other professional
treatment or counseling
Retaliation
Both
the Protocol and the University's Sexual Misconduct Policy prohibit
retaliation. Retaliation is an adverse action taken against a covered
individual because they: complained of discrimination, harassment, or
sexual misconduct; cooperated in an investigation; or participated in
proceedings brought under these policies. Adverse actions may include:
lowering grades; bad letter of recommendation; discipline; salary
reduction; negative performance appraisal; or change in job duties.
Responsible Employees & Mandatory ReportingAll
University employees, including Graduate Assistants, except those named
as a confidential resource in, or otherwise excepted by, the Sexual
Misconduct policy, are "Responsible Employees." Responsible Employees
are required to share information regarding the alleged sexual
misconduct known to them, including the names of the individuals
involved in the alleged Sexual Misconduct, if known, with the Title IX
Coordinator, or designee. Contact Information for the University's Title
IX Coordinator and the Office of Civil Rights and Institutional Equity
can be found at the end of this page, or on the Office of Civil Rights
and Institutional Equity's webpage at
http://www.cmich.edu/office_president/OCRIE/Pages/Contact_Information.aspx.
Responsible
Employees are not required to report allegations of sexual misconduct
to the Title IX Coordinator, or designee, when the Responsible Employee
learns about the allegation during a public awareness or activism event,
or other public forum at which University Community Members disclose
experiences with sexual misconduct. Examples of these types of events or
forums include, but are not limited to, Take Back the Night and
protests.
Individuals that are unsure if
they need to report a concern to the Office of Civil Rights and
Institutional Equity should contact the University's Title IX
Coordinator for further discussion.
Complaint/Concern ResolutionThe Protocol and the Sexual
Misconduct Policy establish procedures for the resolution of complaints
and concerns arising under those policies. Although the complaint
resolution processes under these policies are not identical, they are
similar in many ways. Under these complaint resolution processes, an
investigation is commenced with the filing of a formal written
complaint. Informal resolution (e.g. mediation) may be available under
certain circumstances; however, there may be situations where informal
resolution is inappropriate (e.g. allegations of sexual assault).
Attempts at informal resolution are not required before the filing of a
formal written complaint and the commencement of a formal investigation.
A
formal investigation is carried out by a trained investigator from the
Office of Civil Rights and Institutional Equity. The investigator will
interview the parties and any witnesses. Prior to interviewing the
responding, or accused, party, they are provided notice of the complaint
filed against them, including a copy of the written complaint. The
parties may submit written statements or other physical evidence to the
investigator. The investigator may also independently secure evidence.
After the completion of the
investigation, the investigator
prepares a written report, referred to as a Determination, that includes
a summary of the evidence reviewed, a statement of the applicable
University policies, an analysis of the evidence as it relates to those
policies, findings of fact related to the evidence, and, ultimately, a
conclusion as to whether or not a policy violation occurred.
Under
the complaint resolution procedures of the University, it is the
individual filing the complaint's burden to prove by a "preponderance of
the evidence" that a policy violation has occurred. As such, the
evidence must show that "it is more likely that a violation did occur
than that a violation did not occur."
In the event a policy
violation is found to have occurred, the investigator will forward the
Determination to the appropriate University official for discipline or
sanctioning. The Office of Civil Rights does not have the authority to
discipline individuals; however, as part of the investigative report,
the investigator will make recommendations as to appropriate discipline
and interventions as to stop the discrimination, harassment, or sexual
misconduct, address its affects, and prevent its reoccurrence.
All
complaint resolution and sanctioning processes are also carried out in
accordance with the applicable collective bargaining agreements or
employee handbooks.
Privacy & ConfidentialityUnder the Protocol and the Sexual
Misconduct Policy, the private nature of information provided to the
Title IX Coordinator and the Office of Civil Rights and Institutional
Equity will be accorded the utmost respect. However, there may be times
where information received by the Office of Civil Rights and
Institutional Equity may be disclosed at OCRIE's discretion. These
circumstances are outlined in both policies, and include, but are not
limited to the following situations:
- to the extent necessary to eliminate the alleged discrimination, harassment, or sexual misconduct;
- to the extent necessary to remedy the effects of the alleged discrimination, harassment, or sexual misconduct;
- to the extent necessary to complete an investigation in to the alleged discrimination, harassment, or sexual misconduct;
- to
the extent necessary to complete any disciplinary processes related to
an investigation carried out by the Office of Civil Rights and
Institutional Equity; or
- to the extent required by law (e.g. the
Michigan Freedom of Information Act; the Michigan Bullard-Plawecki
Employee Right to Know Act; the Family Educational Rights and Privacy
Act (i.e. "FERPA"); a valid subpoena, search warrant or other
lawfully-issued court order; a valid order to respond to any inquiry or
complaint from, or filed with, a governmental administrative agency,
etc.).
Resource Information
In addition
to the Office of Civil Rights and Institutional Equity, there are other
resources available to individuals subject to discrimination,
harassment, and sexual misconduct both on campus and in the local
community. The following list contains contact information for these
resources. Although an agency or entity may be listed under one type of
resource, many agencies provide assistance in multiple areas.
Confidential resources are denoted with an '*' after their name.
Confidential Resources are those people or entities that are not
required, either by law or by policy, to report an allegation of sexual
misconduct to the Title IX Coordinator and that also provide
confidential counseling and support services to people impacted by
alleged acts of sexual misconduct, whether or not that person chooses to
file a complaint or file criminal charges. There is no expectation that
a concern or allegation brought to a confidential resource will be
reported to the Title IX Coordinator.
The
list below contains contact information for entities providing
confidential counseling, advocacy, physical health, mental health,
legal, or immigration services on and off campus in the Mount Pleasant
area. The University makes no warranties, either express or implied,
regarding confidentiality or with respect to any other aspect of
services offered by resources off campus.
A. Counseling & Victim Advocacy Resources
Central Michigan University Counseling Center*
Foust Hall 102
Mount Pleasant, Michigan 48859
(989) 774-3381
https://www.cmich.edu/ess/StudentAffairs/CounselingCenter/Pages/default.aspx
Sexual Aggression Peer Advocates (SAPA)*
Foust Hall 150
Mount Pleasant, Michigan 48859
(989) 774-2255
https://www.cmich.edu/ess/studentaffairs/SAPA/Pages/default.aspx
Employee Assistance Program*
(800) 788-8630
https://www.cmich.edu/fas/hr/HRCentralHealthImprovement/Pages/Employee_Assistance_Program.aspx
Listening Ear Crisis Hotline*
(989) 772-2918 – Phone
(989) 775-0480 – TTY
http://www.listeningear.com/
Women's Aid Service*
(989) 772-9168
B. Medical Resources
CMU Student Health Services*
Foust Hall
Mount Pleasant, Michigan 48859
(989) 774-5693
https://www.cmich.edu/colleges/cmed/CMUHealth/CMUHealthMP/UHS/Pages/default.aspx
McLaren Central Michigan*
NOTE: a Sexual Assault Nurse Examiner available or on-call at this location.
1221 South Drive
Mount Pleasant, Michigan 48858
(989) 772-6700
http://www.mclaren.org/centralmichigan/centralmichigan.aspx
MidMichigan Health – Midland*
4000 Wellness Drive
Midland, Michigan 48670
(989) 839-3000
https://www.midmichigan.org
C. Legal & Immigration Assistance
Legal Services of Eastern Michigan – Saginaw Office*
320 South Washington Avenue, Third Floor
Saginaw, Michigan 48607
(800) 322-4512 – Phone
(989) 755-2161 – Fax
www.lsem-mi.org
Michigan State University College of Law Immigration Law Clinic*
610 Abbot Road
East Lansing, Michigan 48823
(517) 336-8088 – Phone
(517) 336-8089 – Fax
http://www.law.msu.edu/clinics/immigration/index.html
D. State & Federal Regulatory Agencies
In
addition to having the right to file a complaint with the Office of
Civil Rights and Institutional Equity, faculty, staff and students may
have the right to file a complaint with the Michigan Department of Civil
Rights or other federal agencies. A list of the most commonly contacted
federal and state agencies (with relevant contact information) is
available on OCRIE's website under the "Notice of Rights" tab.
Office Contact
To
report an allegation of discrimination, harassment, or sexual
misconduct to the Office of Civil Rights and Institutional Equity,
please contact:
Katherine M. Lasher, J.D.
Title IX Coordinator
Executive Director, Office of Civil Rights and Institutional Equity
Central Michigan University
Bovee University Center Suite 306
Mount Pleasant, Michigan 48859
(989) 774-3253
lashe1km@cmich.edu
https://www.cmich.edu/office_president/OCRIE/Pages/default.aspx
Additional Training Opportunities
The
Office of Civil Rights and Institutional Equity offers training
opportunities throughout the year. Additionally, representatives from
OCRIE are willing to speak at your Department meeting or other
organizational event.
As a Graduate
Assistant, you will also strongly encouraged to take the online
trainings Think About It, Graduate Students and Bridges and offered by
the University's partner, Campus Clarity. This course covers
all aspects of promoting a workplace free from discrimination and
harassment, including information regarding your obligations under Title
IX and the University's Sexual Misconduct Policy.
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