FAQs about Title IX

What is Title IX?

Title IX is a federal law that protects people from discrimination based on sex in education programs or activities that receive federal financial assistance in order to assist in the prevention or the recurrence of Sexual and Gender-Based Misconduct, remedy its effects, promote safety, and deter individuals from similar future behavior.

What is the name of the new CMU Policy that formally addresses sexual misconduct, including Title IX matters?

Sexual and Gender-Based Misconduct Policy.

What is covered under the Sexual and Gender-Based Misconduct Policy?

Prohibited Covered Behavior includes Dating Violence; Domestic or Intimate Partner Violence; Gender-Based Harassment; Sexual Assault; Sexual Exploitation; Sexual Harassment (including Title IX Sexual Harassment); Stalking; Retaliation; and other covered behaviors and actions where such behavior is based on an individual's sex, gender, or gender identity.

Does CMU's Sexual and Gender-Based Misconduct Policy cover acts of sexual and gender-based misconduct that occurs off-campus and in study abroad programs?

Yes.

What is the standard of evidence that CMU will apply to determine a violation of the Sexual and Gender-Based Misconduct Policy, including Title IX?

CMU uses a preponderance of the evidence standard.  A preponderance of the evidence means that, in reaching a determination, the decision maker has concluded that there is more likely than not the Covered Behavior did or did not occur.

Will CMU continue to offer "Interim Measures" to all involved parties?

Yes.  Under the new policy term, "Interim Measures" has been changed to "Supportive Measures."  Supportive Measures means those support services, accommodations, and interventions available to a Complainant, a Respondent, or University Community Members experiencing the effects of Sexual and Gender-Based Misconduct that aim to mitigate the effects of the alleged misconduct and otherwise promote the safety of University Community Members.

Will a person need to file a formal complaint to receive "Interim Measures?"

No.  Under the new policy, the term "Interim Measures" has been changed to "Supportive Measures." Supportive Measures means those support services, accommodations, and interventions available to a Complainant, a Respondent, or University Community Members experiencing the effects of Sexual and Gender-Based Misconduct that aim to mitigate the effects of the alleged misconduct and otherwise promote the safety of University Community Members.

Who is considered a "Responsible Employee?"

Under the new policy, the term "Responsible Employee" has been changed to "Designated Official."  A Designated Official means an individual who, when they are notified of any sexual and gender-based misconduct, is required to immediately report the information to the Title IX Coordinator or designee.  Designated Officials include, but are not limited to:  Senior Officers, Athletic Coaches; Trainers, Staff, and Volunteers; CMUPD Employees; Professional and Administrative Staff; Academic Department Chairs; Resident Hall Directors, Residence Life Paraprofessionals and Front Desk Staff; Apartment Supervisors; Peer Advisors and other Residential College Staff.  Additionally, all supervisors have a responsibility to report allegations or observations of Employees engaging in sexual and gender-based misconduct.

I am a Designated Official. Should I include information about being a Designated Official on my course syllabus?

The University and its faculty are committed to assuring a safe and productive educational environment for all students. In order to meet this commitment, and to comply with Title IX of the Education Amendments of 1972, the Violence Against Women's Act, as reauthorized and amended, and other related federal laws and guidance, the University developed the CMU Sexual and Gender-Based Misconduct Policy.  You can find information regarding the reporting of sexual and gender-based misconduct, and the resources available to you, in the CMU Sexual and Gender-Based Misconduct Policy.

  https://www.cmich.edu/office_president/general_counsel/Documents/p03039.pdf.

Under the Policy, the University requires some faculty members to report incidents of sexual and gender-based misconduct shared by students to the University's Title IX Coordinator.  Exceptions to the faculty member's reporting obligation can occur when incidents of sexual and gender-based misconduct are communicated to a Confidential Resource or by a student during a classroom discussion or in a writing assignment for a class related to the topic, or as part of a University-approved research project.  

I am identified as a "Designated Official" under CMU's Sexual and Gender-Based Misconduct Policy. However, because this course falls under an exception to the policy, I do not have to report incidents of sexual and gender-based misconduct made during classroom discussion or in writing assignments made as part of this class only.   You may still choose to report dating violence, domestic violence, and intimate partner violence, sexual assault, sexual exploitation, sexual harassment, or stalking to CMU's Title IX Coordinator.  CMU's Title IX Coordinator can be reached at titleix@cmich.edu or 989-774-3253. 

What type of investigative model does CMU use?

The investigative model has changed from a single investigator model to a hearing model.  A hearing model style format dictates that a hearing officer facilitates a hearing and makes a determination of the outcome.

What is a Title IX hearing?

With an Investigation, CMU will schedule a live Hearing, at which a Hearing Officer will preside over the hearing and will allow each Party or the Party's Advisor (for non-Title IX Hearings and Title IX Hearings, respectively) to ask the other Party, as well as any witnesses, all relevant cross-examination questions and follow-up questions, including those that challenge credibility.  All Hearings will be run in a manner that ensures a fair process for both the Complainant and Respondent, and both parties will have the opportunity, either themselves or through their Advisors (for non-Title IX and Title IX Hearings, respectively), to ask questions.

What if my complaint doesn't meet the definition of Title IX?

Dismissal of a Title IX Formal Complaint or Title IX allegations does not preclude OCRIE from continuing to investigate the allegations as non-Title IX violations of this Policy.  CMU will still investigate allegations of sexual misconduct under the Sexual and Gender-Based Misconduct Policy with a fair and equitable investigative process.

Who should I report allegations of Sexual Misconduct to?

Any allegation of sexual misconduct can be reported to any Designated Official, Title IX Office, or Law Enforcement.