| Sexual Misconduct Policy |
Appendix A: Options for Complainants
Complainants have a number of options to consider when they have been involved in an incident of nonconsensual sexual intercourse, nonconsensual sexual contact, and sexual exploitation. Procedures for complaints related to sexually harassment can be found at the Affirmative Programs office, Admin. Room 207, and the Dean of Students Office, Admin. Room 170.
A complainant can choose any and all of the options listed here. The options are noted as follows:
- Options for medical attention:
Testing at the hospital for the presence of "date rape" drugs can be done 24-48 hours after the ingestion of most of these types of sedative or hallucinogenic drugs.
If you have questions on this option, refer to the following:
Q: What are "date-rape" drugs?
A: So-called date-rape drugs are usually powerful sedatives or hallucinogenic drugs, such as Rohypnol (a.k.a. rope, roaches, R2, Roofies), GHB (a chemical compound often mixed by people who look up the recipe on the Internet, and buy the ingredients from supermarkets and hardware stores), Burundanga, Ketomine, Scopalamine, etc. Rohypnol is a prescription sedative sold in Europe and South America, but illegal in the United States. Other date rape drugs are of varying types, but all produce similar results: blackout or incoherence for 2-8 hours.
Q: How do I know if I have been drugged?
A: If you are drinking, and you experience a "high" far beyond what would be normal for the amount of alcohol you have had, suspect that you may have been drugged. Similarly, if all of a sudden you begin to get extremely dizzy: incoherent; or lose your balance, equilibrium, sense of time, or place, you may have been drugged. The only way to know for sure is to have someone take you to the hospital the minute you begin to experience these symptoms. It is hard to know if you have been drugged because these drugs can be easily slipped into any drink, alcoholic or not. These drugs are mostly tasteless, odorless, and colorless, and will dissolve instantly. They take hold in about 15-25 minutes, and complete unconsciousness can result shortly thereafter. If your drink tastes slightly salty, this could be an indication of the presence of GHB. If your drink suddenly turns blue, this is a sure sign of Rohypnol, the latest version of which now is manufactured to change the color of the liquid it is dissolved in.
Q: How do they test for the presence of these drugs?
A: Blood and urine tests are the usual means.
If less than 72 hours have passed since the assault, physical evidence should be collected ASAP at the hospital with a PERK (rape kit).
If you have questions on this option, refer to the following:
Q: What is a PERK?
A: PERK is an evidence collection procedure (Physical Evidence Recovery Kit) — hair, fluid, tissue samples are taken. A gynecological exam is performed. Female nurses are available. They will also will treat for injuries, test for HIV/STDs, pregnancy and date rape drugs.
Q: Do I have to go to the hospital?
A: You are not required to seek medical attention. However, even if you do not want to prosecute now, collecting the evidence is important in case you change your mind later. Without a PERK, it is very hard to prosecute successfully. Medical attention is also important because some injuries may not be immediately apparent to the complainant or may not show up until several days after an incident.
Q: What do I do if it has been 74 hours since the incident?
A: After 72+ hours, it may be too late to collect bodily fluids. Have the evidence collected as soon as possible. You still may be able to have PERK after 72 hours, if not long past, so it is best to check with the hospital to be sure.
Q: Where is the rape kit (PERK) done?
A: The PERK is performed at Portage Health System Hospital.
Q: How do I get to the hospital?
A: Public Safety can accompany and transport you. Or, you could get a ride from a friend, obtain a taxi, or you can go alone.
Q: Do I have to go alone?
A: No, you can take a same sex friend/family member/advocate who can stay with you through the exam. Counselors or local rape crisis advocates can be called to accompany/assist you, if you wish.
Q: How much does it cost?
A: An emergency room visit with lab work can cost someplace in the range of $300 to $500. Complainants who decide to prosecute may have the cost reimbursed by the state complainant's assistance fund. PERK's are covered by most insurance, and hospitals may do blind-billing (will not list the type of medical service, so parents don't find out).
Q: How long will it take?
A: The procedure may take three hours or more.
Q: If I am still wearing the clothes I was assaulted in, what should I do?
A: You will need to take a change of clothes with you unless you have already changed. If you have already changed, it is important to secure physical evidence. Place all clothing, towels used to clean up, etc. into clean paper bags for transport to the hospital. Separate bags for each item—no PLASTIC bags!!! If you change before you go, remove your clothes over a clean white sheet, and take the sheet and the clothes to hospital for testing. If you have not changed/cleaned-up, avoid touching or brushing anything that might disturb evidence. Do not bring bedding to the hospital; let the police collect evidence from the scene of the incident.
Q: Is the medical exam confidential?
A: You must sign a release for the medical exam to be completed. Once signed, the hospital is required to notify the police. They may or may not come to the hospital. You do not have to talk to them.
If more than 72+ hours have passed since the assault, you can seek medical testing for HIV/STD/Pregnancy at the Portage Health System Hospital.
If you have questions on this option, refer to the following:
Q: Can I get a rape kit?
A: The rape kit (PERK) can only be done in 72 hours or less after an incident.
Q: Why would I need medical testing?
A: HIV, STDs, pregnancy and physical injuries may result from sexual contact/intercourse.
- You have the following reporting options:
- Campus Judicial Charges
- Campus "No Contact" Conditions:
- The Criminal Prosecution Option
- The Option of a Civil Suit
- Civil Restraining Order/Personal Protective Orders
- Advocacy Options
- Counseling/Healing/Living Options:
Q: What are campus judicial charges?
A: MICHIGAN TECH prohibits sexual misconduct in its Code of Community Conduct and Sexual Misconduct Policy. There are five categories of sexual misconduct. The violations of under the University's Sexual Misconduct policy are nonconsensual sexual intercourse, nonconsensual sexual contact, sexual exploitation, sexual harassment and mutually incapacitated sexual intercourse. Initiating campus judicial procedures allows the complainant to have the University render a disciplinary decision on whether the respondent has violated one or more of the five regulations identified under the sexual misconduct policy.
Q: How do I report a complaint to the campus judicial system?
A: A complaint can be reported at the Office of Student Judicial Affairs by a complainant. Charges can be initiated by the Office of Student Judicial Affairs from reports submitted to Public Safety, Residence Life, Health Services, Affirmative Programs, Counseling Services, faculty, and coaches, and any administrator who refers a case to the Office of Student Judicial Affairs.
Q: Who can initiate a campus complaint for disciplinary action and against whom?
A: Campus charges can be imposed against a student by another student or by a non student against a student arising out of sexual misconduct that occurs on or off-campus, during and between academic terms, including summer breaks, as long as the student being respondent is presently enrolled. Charges may be filed against a student who graduated if the sexual misconduct occurred prior to graduation. Charges may be filed by graduated students against current students.
Q: What if my complaint is against a member of the faculty, staff, or administration?
A: You can report a complaint to the Office of Affirmative Programs and/or Public Safety.
Q: Is the campus judicial process confidential?
A: If campus charges are filed, complete confidentiality cannot be maintained. Campus police will usually be asked to investigate, including contacting and interviewing potential witnesses. Administrators involved in hearing the case will know, as will the appeal officer. All of these people will keep confidentiality to the best of their ability and duties. After a hearing has concluded, the hearing officers must report non personal identifying information to the director of public safety in order to meet annual federal campus crime statistic reporting requirements. Within two days of a report, basic details of an incident are available to the public in the campus police log. No names are given, and facts that could lead to the identity of the complainant are not disclosed. Campus judicial hearings are not open to the public.
Q: What will happen if I pursue campus charges?
A: Campus cases are heard and resolved much more quickly than criminal charges, often going from the filing of charges to resolution in six weeks or less. Temporary suspensions of respondent students to protect you and other students are possible in the interim. Campus sanctions for sexual misconduct range from warnings to expulsion, and the standard sanction for those in violation of nonconsensual sexual intercourse is expulsion.
Q: Is this like filing criminal charges?
A: No. Campus cases may be easier to prove than criminal charges, because the standard of proof (the amount of evidence required to convince judicial officers) is lower. Filing campus charges does not preclude the filing of criminal charges and/or civil suits. Campus charges cannot result in imprisonment. Witnesses may be called at the campus hearing, for both you and the respondent. Usually, you control the campus judicial process and can withdraw the complaint at any time. You can also refuse to be a witness. In certain cases, the University may pursue charges without your assistance or cooperation, when it is necessary to resolve a case in order to protect the community from a student who poses a threat to others .
Q: What is a campus "No Contact" condition?
A: A campus "No Contact" condition is a warning to students to keep a certain distance from, or a prohibition from contact with, each other. "No Contact" conditions are available to students when necessary to protect them. The campus "no contact" condition applies to both the complainant and the person the complaint is lodged against (the respondent). Failure to comply with a campus "no contact" condition can result in disciplinary charges and possible dismissal.
Q: How do I get a campus "No Contact" condition?
A: They can be issued by Student Affairs staff when needed. You can contact a staff member in Residence Life, Counseling Services or Student Affairs to request a campus "no contact" condition.
Q: What happens if a student violates a campus "No Contact" condition?
A: Michigan Tech would initiate judicial charges against the student for the violation, with appropriate punishment resulting if a violation is found.
Q: How do I initiate criminal charges?
A: You can choose to pursue a full investigation. Once evidence has been collected by law enforcement supporting the allegation that a crime has been committed you will have the right to file criminal charges with the prosecuting attorney's office. If you decide to file criminal charges, the results of the investigation will be released to the prosecuting attorney. If the incident occurred on-campus, Public Safety (campus police) would conduct the investigation. If the incident occurred locally, Houghton Police (in the city of Houghton), Hancock Police (in the city of Hancock), the Houghton County Sheriff's Department (outside of city jurisdiction) or the Michigan State Police would conduct the investigation. You may also contact the Houghton County Prosecuting Attorney to initiate charges. If the incident did not occur locally, you should contact the police with the jurisdiction of where the incident occurred.
Q: Can criminal charges be filed even if I don't want them to be?
A: Yes, in certain infrequent circumstances, a prosecuting attorney could prosecute a case that you do not want to be prosecuted. You are not a party to the prosecution. A sex crime is a crime against the state: prosecution is done in the name of the state, not the complainant.
Q: Does it matter when I file criminal charges?
A: Prosecutions are most successful in cases when you report the assault to authorities as quickly as possible. Michigan has a seven (7) year statute of limitations on reporting and prosecuting rape. Normally, criminal charges cannot be filed more than seven (7) years after the incident occurred.
Q: If I prosecute, how long will it take?
A: Investigations can sometimes take weeks or months to complete. Criminal prosecutions can take years to get from the filing of charges to the end of the final appeal. This is not meant to discourage, but to give a realistic perspective of the criminal justice system.
Q: Are prosecutions confidential?
A: Criminal rape prosecutions in Michigan are closed to the public when the complainant makes this request at the preliminary hearing. The name of the complainant is protected from release, but people involved in the prosecution would know about it, as would witnesses. Otherwise, the proceedings can be open to the public.
Q: If the prosecution is successful, what will happen?
A: Nationally, sentences for rape average 12 years, with 7-8 years served. However, other (unwanted touching, penetration) sexual assault convictions result in shorter sentences than do rape convictions. Criminal convictions for sexual assault can result in fines, jail time, community service, probation, and other punishments.
Q: How hard is it to win the case?
A: Criminal rape convictions must be proved beyond a reasonable doubt, a very high standard. Many rapists charged plead to a lesser charge and thus do not end in a sexual assault conviction of rape. Criminal trials are decided by juries, so every one is different and the outcome is hard to predict.
Q: How much does it cost to prosecute?
A: Prosecuting is free if the prosecuting attorney decides to take your case.
Q: If I choose to prosecute, do I have to be there?
A: Normally, complainants provide testimony as witnesses and provide the main evidence against the defendant. However, you need not always participate in the trial to get a conviction, and this is something you should discuss further with the prosecuting attorney.
Q: Will this prosecution put me on trial?
A: The defendant's attorneys may try to make it look like it was your fault, and may try to call your character into question. However, irrelevant evidence of a complainant's past sexual history is generally inadmissible in court.
Q: If the incident happened on campus, can I still prosecute?
A: Yes, Michigan courts have jurisdiction over cases that occur on campus.
Q: If I prosecute, do I still have other options?
A: Filing criminal charges does not preclude filing campus charges and civil suits.
Q: How is this different than a prosecution?
A: You can initiate a civil suit against a perpetrator to seek money damages and other civil remedies (not imprisonment).
Q: Is this option exclusive of other options?
A: No, filing a civil suit does not preclude the filing of campus charges and/or criminal charges.
Q: How do I exercise this option?
A: You can initiate a civil suit by contacting an attorney. Attorneys can be found in the phone book, or by contacting Legal Services of Northern Michigan at 482-3908.
Q: How much does a civil suit cost?
A: Filing a civil suit is usually free. The attorney only gets paid if he or she wins; you may have to pay for some expenses if you lose.
Q: How long do I have to exercise this option?
A: Civil suits can be filed up to two years after the date of the incident.
Q: Is there an advantage to this option?
A: Winning a civil suit is often easier than winning a criminal trial.
Q: Is there a disadvantage to this option?
A: Yes, suing a student can be complicated, because they don't often have the money to pay a judgment against them.
Q: How long will a civil suit take?
A: Resolving a civil suit can take up to several years.
Q: Will a civil suit be confidential?
A: No, civil suits are not confidential and may be open to the public.
Q: What is this option?
A: A restraining/protective order is a legal order issued by a magistrate or judge, ordering someone to physically stay away from you and/or avoid all contact with you. Restraining orders do not physically prevent anything, it just gives police power to enforce and arrest when an order is violated. They often have time expirations. Restraining orders can be no-contact orders or distance-based (a restricted distance of 100 yards at all times).
Q: Where do I get one?
A: You can obtain it from a civil magistrate or judge in the locality where the person to be restrained is located.
Q: How do I get one?
A: The judge will hold a hearing, and you will give testimony to show cause for the need for protection. You can seek assistance from police, the Office of Student Affairs or Dial-Help.
Q: Who can I contact as an advocate of a sexual misconduct complaints handled in the court system?
A: S.A.R.T. is a free service, with trained professionals in advocacy, forensic medical exams and sensitive law enforcement interviews. S.A.R.T. can be activated by calling 911, Dial Help (482-HELP), the local hospital emergency room or any law enforcement agency.
If you have questions on this option, refer to the following:
Q: What are my on-campus options?
A: There are licensed counselors on campus at Counseling Services in the Hamar House. Their phone number is 487- 2538. Meetings are confidential and free of charge. Counselors are available on a 24-hour emergency basis by contacting Public Safety (campus police) at 487-2216.
Q: What if this incident affects my academic performance?
A: Parties in sexual misconduct cases may see that their academic performance is affected by the stress associated with the incident. The Office of Student Affairs will verify to instructors and academic advisors that highly unusual circumstances exist and they will suggest appropriate accommodations such as extended deadlines on course work and make-up exams. You may also choose to contact your instructor directly.
Q: What if I am uncomfortable with returning to live in my residence hall room as a result of this incident of sexual misconduct?
A: You can request to relocate to another room on campus or request that we relocate the respondent to another location on campus (if reasonable and space is available). A campus "no contact" condition can also restrict cafeteria use (time and/or place) and movement of either party through the residence halls .
Q: What are my off-campus options?
A: Off-campus options include contacting Dial Help, Inc. (482-9930), the 24-hour, nationwide RAINN Hotline (1-800-656-HOPE), clergy, private therapists (counselors, psychologists, psychiatrists, social workers, etc.), family and friends, and Internet resources such as on-line support groups.
