| Sexual Misconduct Policy |
X. Rights and Procedures Under Sexual Misconduct Policy
- Jurisdiction. The jurisdiction of Michigan Tech over sexual misconduct incidents is broad. Michigan Tech will take judicial jurisdiction, to the extent practical and possible, over all sexual misconduct cases occurring on campus, as long as the person being charged is a student, regardless of the enrollment status of the alleged complainant.
Michigan Tech will take judicial jurisdiction, to the extent practical and possible, over all sexual misconduct cases that occur off-campus, if the person being charged and the alleged complainant are students, and if the impact of the assault is likely to have a substantial effect on the alleged complainant's on-campus life and activities, or if the incident poses a threat of danger to other students. To the extent it is practical and possible, Michigan Tech may also take judicial jurisdiction over students charged with off- campus sexual misconduct cases where the alleged complainant is not a student.
Michigan Tech will take judicial jurisdiction, to the extent practical and possible, over incidents where charges are brought against a student by another student or by a non-student, when those incidents take place during a period in which the University is not in session, including intra-semester breaks, such as spring break, and inter-term breaks, such as winter and summer breaks. This does not include periods before which a student has matriculated and after which a student has graduated, except in circumstances where allegations arise against a graduated student based on an incident that took place before the student graduated. If found to be responsible for a violation of the sexual misconduct policy, the student could face revocation of his or her diploma.
- Section XII of the Code of Community Conduct provides a detailed explanation of the process which will be followed for complaints filed under the sexual misconduct policy. In addition, the following rights apply:
- Complainant’s Rights. It is the goal of Michigan Tech to ensure that students alleging sexual misconduct have access to needed resources, services, and information including:
- The right of the complainant to be treated with respect by Michigan Tech officials;
- The right to have an advisor (as defined in the Code of Community Conduct) to accompany and assist in the campus hearing process. The advisor may advise and provide support to the complainant but may not take part directly in the hearing itself. If the respondent has an attorney present (see 2.c. below) then the complainant may have an attorney present, but the attorney many not take part directly in the hearing itself.
- The right not to be discouraged by Michigan Tech officials from reporting an sexual misconduct offense;
- The right to be informed of the outcome and sanction of any disciplinary hearing involving sexual misconduct;
- The right to be informed of their options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the complainant’s desire;
- The right to be notified of available counseling, mental health or student services for complainants of sexual misconduct, both on campus and in the community;
- The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual misconduct incident, if so requested by the complainant and if such changes are reasonably available (no charges or investigation, campus or criminal, need occur before this option is available).
- The right not to have irrelevant prior sexual history admitted in a campus hearing;
- The right to make a complainant-impact statement to the administrative judicial panel and to have that statement considered by the panel in determining its sanction;
- The right to a campus “No Contact” condition against another student who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining student or others;
- The right to have complaints of sexual misconduct responded to quickly and with sensitivity by campus law enforcement.
- The right to appeal the findings and sanction of the administrative judicial panel in accordance with the standards for appeal established in the Code of Community Conduct in the University Community document.
- Respondent’s Rights. It is the goal of Michigan Tech to ensure that students responding to charges of sexual misconduct have access to needed resources, services and information. Michigan Tech strives to offer a reasonable parity of resources, services and information, to the extent possible, to all parties to the incident, including, but not limited to, the following rights:
- The right to a timely notice of disciplinary charges, including the nature of the charge and possible sanctions;
- The right to a hearing on the charges, including timely notice of the hearing date, and adequate time for preparation;
- The right to have an “advisor” (as defined in the student code of conduct) to accompany and assist in the campus hearing process. The advisor may advise and provide support to the respondent but may not take part directly in the hearing itself. If there are pending criminal charges against the respondent, the respondent may have an attorney present in the hearing to advise him/her, but the attorney may not take part directly in the hearing itself.
- The right to refuse to answer some or all questions to avoid self-implication, and the right not to have this silence used against the respondent student;
- The right to question adverse witnesses at the administrative judicial panel;
- The right to have basic rules of evidence (relevance and credibility) observed in the hearing;
- The right to a written notice of the outcome and sanction of the hearing;
- The right to appeal the finding and sanction of the administrative judicial panel, in accordance with the standards for appeal established in the Code of Community Conduct in the University Community document.
- The right to submit an impact statement to the administrative judicial panel.
- The right of access to campus resources for medical, counseling, and advisory services.
