Relationship Violence, Sexual Misconduct, and Stalking Policy - Equal Opportunity

COMPLAINANT/GRIEVANCE PROCEDURES - A

COMPLAINANT/GRIEVANCE PROCEDURES - B

THIRD PARTIES PROCEDURES - C

Relationship Violence, Sexual Misconduct and Stalking Guidelines

A list of definitions of capitalized terms in these guidelines are at the end of this document.

Introductory Information
The following sections provide guidelines, as well as the processes NMU will follow when the University receives notice and/or a Formal Complaint that an NMU Community Member has engaged in Prohibited Conduct as defined in this Policy.

NMU takes complaints of Prohibited Conduct seriously, follows the law and operates with the presumption that the Respondent is not responsible for the reported misconduct unless and until the Respondent is determined to be responsible for a policy violation by the applicable standard of proof.

Nothing in the Relationship Violence, Sexual Misconduct and Stalking Policy or Procedures is intended to limit constitutionally protected First Amendment rights, Due Process rights of the 5th and 14th Amendments, or restrict any other Constitutional rights.

First Amendment free speech rights do not protect illegal activity, Prohibited Conduct, destruction of property, or material and substantial disruption of classes or campus
activities.

Amnesty for Good Faith Reporting
The NMU community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to give notice to NMU officials or participate in Complaint/Grievance Process because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons. It is in the best interests of the NMU community that Complainants choose to give notice of misconduct to NMU officials, that witnesses come forward to share what they know, and that all Parties be forthcoming during the process.

To encourage reporting and participation in the process, NMU maintains a policy of offering Parties and witnesses amnesty from minor policy violations, such as underage alcohol consumption or the use of illicit drugs, related to the incident. Granting amnesty is a discretionary decision made by the Title IX Coordinator/Title IX Administrator, and amnesty does not apply to more serious allegations, such as physical abuse of another or illicit drug distribution.

A. Students
NMU maintains an amnesty policy for students who offer help to others in need.

B. Employees
Sometimes, employees are hesitant to report discrimination, harassment, or retaliation they have experienced for fear of getting in trouble themselves. NMU may, at its discretion, offer employee Complainants amnesty from such policy violations (typically more minor policy violations) related to the incident. Amnesty may also be granted to Respondents and witnesses on a case-by-case basis.

Obligation to Provide Truthful Information
NMU Community Members are expected to provide truthful information in any report or
proceeding under this Policy. Deliberately false and/or malicious accusations under this
Policy are a serious offense and will be subject to appropriate disciplinary action. This
does not include allegations that are made in good faith but are ultimately shown to be
erroneous or do not result in a determination of a Policy violation.
Additionally, witnesses and Parties who knowingly provide false evidence, tamper with
or destroy evidence, or deliberately mislead an official conducting an investigation or
Complaint/Grievance Process can be subject to discipline under appropriate NMU
policies.
Parties and witnesses should not knowingly offer false or misleading information at any
prohibited conduct meeting, investigation, or hearing.

Withdrawals, Resignations, Non-participation, and Graduation
A. Students
Should a student Respondent decide not to participate in the Complaint/Grievance
Process, the process proceeds absent their participation to a reasonable resolution. If a
student Respondent withdraws from NMU, the Complaint/Grievance Process may
continue, or the Title IX Coordinator/ Title IX Administrator may exercise their discretion
to dismiss the Complaint. If the Complaint is dismissed, NMU will still provide
reasonable supportive or remedial measures as deemed necessary to address safety
and/or remedy any ongoing effects of the alleged harassment, discrimination, and/or
retaliation.

Regardless of whether the Complaint is dismissed or pursued to completion of the Complaint/Grievance Process, NMU will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged discrimination, harassment, and/or retaliation.

When a student withdraws or leaves while the process is pending, the student may not return to NMU in any capacity until the Complaint is resolved and any sanctions imposed are satisfied. If the student indicates they will not return, the Title IX Coordinator/Title IX Administrator has discretion to dismiss the Complaint.

If the student Respondent takes a leave for a specified period of time (e.g., one semester or term), the Complaint/Grievance Process may continue remotely. If found in violation, that student is not permitted to return to NMU unless and until the Complaint/Grievance Process is complete and permits return.

B. Employees
Should an employee Respondent decide not to participate in the Complaint/Grievance Process, the process proceeds absent their participation to a reasonable resolution. If an employee Respondent withdraws from NMU with unresolved allegations pending, the Complaint/Grievance Process may continue, or the Title IX Coordinator/Title IX Administrator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, the Title IX Coordinator/Title IX Administrator may still provide reasonable supportive or remedial measures as deemed necessary to address safety and/or remedy any ongoing effects of the alleged discrimination, harassment, and/or retaliation.

When an employee resigns and if the Complaint is dismissed, the employee may not return to the NMU in any capacity until the Complaint is resolved. The documents will be reserved in the Title IX Office.

Consent, Force (Coercion), and Incapacitation:
As used in this Policy, the following definitions and understandings apply:

Consent is defined as:

• knowing, and
• voluntary, and
• clear permission by word or action,
• to engage in sexual activity.

Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

For consent to be valid, there must be a clear expression in words or actions that the
other individual consented to that specific sexual conduct. Consent is evaluated from
the perspective of what a reasonable person would conclude are mutually
understandable words or actions. Reasonable reciprocation can establish consent.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and
clearly communicated. If consent is withdrawn, sexual activity should cease within a
reasonably immediate time.

Silence or the absence of resistance alone should not be interpreted as consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Consent to some sexual contact (such as fondling) cannot be assumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected. If a sexual partner shares the clear expectation for the use of a condom, or to avoid internal ejaculation, and those expectations are not honored, the failure to use a condom, removing a condom, or internal ejaculation can be considered acts of sexual assault.

Proof of consent or non-consent is not a burden placed on either party involved in a Complaint. Instead, the burden remains on NMU to determine whether its Policy has
been violated. The existence of consent is based on the totality of the circumstances
evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar and previous patterns that may be evidenced.

Going beyond the boundaries of consent is prohibited. Thus, unless a sexual partner has consented to slapping, hitting, hair pulling, strangulation, or other physical roughness during otherwise consensual sex, those acts may constitute dating violence or sexual assault. (Consent in relationships must also be considered in context. When Parties consent to BDSM (bondage, discipline, sadism, masochism) or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence,or even saying “no” may be part of the kink and thus consensual.)

Force
Force is the use of physical violence and/or physical imposition to gain sexual access. Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Force is conduct that, if sufficiently severe, can negate consent. 
Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent.

Coercion is unreasonable pressure for sexual activity. Coercive conduct, if sufficiently severe, can render a person’s consent ineffective, because it is not voluntary. When someone makes clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion is evaluated based on the frequency, intensity, isolation, and duration of the pressure involved.

Incapacitation
Incapacitation is a state where a person is incapable of giving consent. An incapacitated
person cannot make rational, reasonable decisions because they lack the capacity to
give knowing/informed consent (e.g., to understand the “who, what, when, where, why,
and how” of their sexual interaction). A person cannot consent if they are unable to
understand what is happening or are disoriented, helpless, asleep, or unconscious for
any reason, including because of alcohol or other drug consumption.
This Policy also covers a person whose incapacity results from a temporary or
permanent physical or mental health condition, involuntary physical restraint, and/or the
consumption of incapacitating substances.
Incapacitation is determined through consideration of all relevant indicators of a
person’s state and is not synonymous with intoxication, impairment, blackout, and/or
being drunk.
If the Respondent neither knew nor should have known the Complainant to be
physically or mentally incapacitated, the Respondent is not in violation of this Policy.
“Should have known” is an objective, reasonable person standard that assumes that a
reasonable person is both sober and exercising sound judgment.
Resources - On and Off-Campus
The following resources are available to assist Parties in Relationship Violence, Sexual
Misconduct, and/or Stalking matters as well as to friends and family members who want
to report relationship violence, sexual misconduct, and/or stalking.
On-Campus Resources
NMU Police Department (Open 24 hours a day)
(906) 227-2151
Emergency: 911
100 Services Building
Title IX Coordinator
(906) 227-2416
105 Cohodas Hall
Dean of Students Office (DSO)
(906)-227-1700
2001 Hedgcock
Counseling and Consultation Services
(906) 227-2980
NMU WellBeing Center

NMU Health Center
(906)-227-2355
NMU WellBeing Center
Housing and Residence Life
(906)-227-2620
Room 124 Quad 1 (Spalding Lobby)
Off-Campus Resources
Women’s Center (note: Women’s Center provides services to all people of all genders
and gender identities)
Emergency Hotline 24/7
(906) 226-6611
(800) 455-6611
General Information
(906) 225-1346
Harbor House
24/7 crisis line
(906) 226-6611
(800) 455-6611
Employee Assistance Program (for NMU Employees)
ESI Employee Assistance Group
Available 24/7; to reach a professional counselor and create an online login –
www.higheredeap.com;
1-800-252-4555
UP Health Systems - Marquette
(906) 228-9440
850 W. Baraga Avenue
Marquette, MI 49855
UP Health Systems – Bell (Ishpeming)
(906) 486-4431
901 Lakeshore Drive
Ishpeming, MI 49849
Pathways
(906) 225-1181
(888) 728-4929 24/7 Hotline
200 West Spring Street
Marquette, MI 49855
National Sexual Assault Hotline

http://www.rainn.org
1-800-656-4673 (24/7)
Important Information about Medical Care and Preserving Evidence
NMU encourages all individuals who experienced sexual misconduct and/or relationship
violence to seek immediate assistance from a medical provider for emergency services,
including treatment of any injury, and to collect and preserve physical and other forms of
evidence.
The preservation of evidence can be critical to potential criminal prosecution and to
obtaining restraining/protective orders, and it is particularly time sensitive. A
Complainant can preserve evidence by taking actions, including but not limited to, the
following:
Sexual Assault
• Seek forensic medical assistance at the nearest hospital as soon as possible,
ideally within 120 hours of the incident.
• Avoid urinating, showering, bathing, washing hands or face, or douching, if
possible, but evidence may still be collected even if you do.
• If oral sexual contact took place, refrain from smoking, eating, drinking, or
brushing teeth.
• If clothes are changed, place soiled clothes in a paper bag (plastic destroys
evidence) or a secure evidence container (if provided one by law enforcement)
• Seeking medical treatment can be essential, even if it is not for the purposes of
collecting forensic evidence.
Stalking/Dating Violence/Domestic Violence/Sex-Based Harassment
• Evidence in the form of text and voice messages will be lost in most cases if the
Complainant changes their phone number.
• Make a secondary recording of any voice messages and/or save the audio files
to a cloud server.
• Take screenshots and/or a video recording of any text messages or other
electronic messages (e.g., Instagram, Snapchat, Facebook).
• Save copies of email and social media correspondence, including notifications
related to account access alerts.
• Take time stamped photographs of any physical evidence, including notes, gifts,
etc., in place when possible.
• Save copies of any messages, including those showing any request for no further
contact.
• Obtain copies of call logs showing the specific phone number being used rather
than a saved contact name if possible.
During the initial meeting between the Complainant and Title IX Coordinator/Title IX
Administrator, the importance of taking these actions will be discussed, if timely.

NMU Police Department may provide transportation to an examination if requested.
Even if an individual has not been physically hurt, a timely medical examination is
recommended so that forensic evidence can be collected and preserved. An individual
may choose to allow the collection of evidence by medical personnel even if they
choose not to make a report to the police.
A sexual assault medical forensic examination typically includes a medical history, a
physical examination, treatment for injury, and prophylactic treatment for pregnancy or
sexually transmitted infections (STIs). In Marquette, sexual assault forensic exams can
be coordinated through UP Health Systems - Marquette, (906) 228-9440; Women’s
Center/Harbor House (906) 225-1346; 24/7 Support Line: (800) 455-6611;
http://www.wcmqt.org/ or by calling the National Sexual Assault Hotline at (800) 656-
4673.
In Michigan, sexual assault victims have the right to receive a no-cost medical forensic
examination and have evidence collected within 120 hours (5 days) of a sexual assault,
even if they do not want to participate in the criminal justice process. Health facilities
must offer the examination and evidence collection to any person who states they have
been assaulted within the previous 120 hours (5 days). If an individual chooses, forensic
evidence is also collected through the use of a sexual assault evidence kit. Sexual
assault medical forensic examinations are typically performed by a Sexual Assault
Nurse Examiner. Patients cannot be billed for evidence collection and the
accompanying medical forensic examination.
Where and to Whom to Report
Mandatory Reporters, all NMU employee, are required to report all Prohibited
Conducted (Relationship Violence, Sexual Misconduct, and Stalking) reported to Official
with Authority. The Officials With Authority at NMU are the Title IX Coordinator and the
Executive Director of Equal Opportunity and Title IX.
A student, employee, visitor, guest, or other third party), not just the Complainant, may
make a report. An individual may choose to report to law enforcement, an NMU
Mandatory Reporter, to both law enforcement and the University, or to make no report
at all. Individuals are encouraged to make reports to the police jurisdiction where the
violation occurred. NMU Police Department may provide information of police
jurisdictions if needed. Support and resources are available, upon request, regardless
of the chosen reporting option.
NMU recognizes that deciding among these options can be difficult and is an intensely
personal decision. A Complainant has many options to make a report under the
Relationship Violence, Sexual Misconduct, and Stalking Policy, including seeking
counseling or assistance from a confidential resource and/or making a report to law
enforcement.
To File a University Complaint
Reports of Prohibited Conduct can be made to NMU through a number of Mandatory

Reporters, including the offices listed below.
If you have a police or medical emergency, call 911.
On Campus
NMU Police Department
100 Services Building
906-227-2151
NMU Equal Opportunity and Title IX Office
105 Cohodas Hall
906-227-2420
or 906-227-2416

NMU Dean of Students Office
2001 Hedgcock
906-227-1700
NMU Housing and Residence Life (including resident directors and resident advisers)
Room 124 Quad 1 (Spalding Lobby)
906-227-2620
To any Mandatory Reporter
Mandatory Reporters include all NMU employees who, as a requirement of this Policy,
must immediately report any information they learn about suspected Prohibited Conduct
to an OWA. Failure by a Mandatory Reporter to timely report suspected Prohibited
Conduct may subject them to appropriate discipline, up to and including removal from
their position.
A Mandatory Reporter includes any employee, including student employees, who have
a duty to report to the Title IX Coordinator/Title IX Administrator Prohibited Conduct
covered by NMU Policy.
Mandatory Reporters are required by NMU Policy to immediately disclose all reported
details of the incident (date, time, and location), the names of the Parties involved, and
a brief description of the incident to an OWA. Mandatory Reporters will safeguard an
individual’s privacy and only share information with a small circle of individuals who are
directly involved in the resolution of a report under the Relationship Violence, Sexual
Misconduct and Dating Violence Policy. This connects a Complainant to information and
resources and enables NMU to take appropriate action to eliminate, prevent and
address any Prohibited Conduct that may exist.
To File a Criminal Complaint
Reports of Prohibited Conduct that may constitute a violation of the criminal laws can

also be made to law enforcement; make reports to the police jurisdiction where the
violation occurred.
Emergency - 911
NMU Police Department
100 Services Building
Marquette, MI 49855
906-227-2151
Marquette City Police Department
300 W. Baraga Avenue
Marquette, MI 49855
906-228-0400
Marquette County Sheriff
236 W. Baraga Avenue
Marquette, MI 49855
906-228-8435
Nationwide Police Contact Information: policelocator.com
If an individual files a report with the NMU Police Department, that information is shared
with the Title IX Coordinator/Title IX Administrator. However, action taken through the
NMU Police Department and/or NMU are separate. Support and resources are
available, regardless of the chosen reporting path.
Initial Evaluation
The Title IX Coordinator/Title IX Administrator conducts an initial evaluation typically
within seven (7) business days of receiving Notice/Complaint/Knowledge of alleged
misconduct. The initial evaluation typically includes:
• Assessing whether the reported conduct may reasonably constitute a violation of
the Policy.
o If the conduct may not reasonably constitute a violation of the Policy, the
matter is typically dismissed from this process, consistent with the
dismissal provision in these procedures. It may then be referred to another
process, if applicable.

• Determining whether NMU has jurisdiction over the reported conduct, as defined
in the Policy.
o If the conduct is not within NMU jurisdiction, the matter is typically
dismissed from this process, consistent with the dismissal provision in
these procedures. If applicable, the conduct will be referred to the
appropriate office for resolution.

• Offering and coordinating supportive measures for the Complainant.
• Offering and coordinating supportive measures for the Respondent, as
applicable.
• Notifying the Complainant, or the person who reported the allegation(s), of the
Complaint/Grievance Process, including a supportive and remedial response, an
Informal Resolution option, or the Complaint/Grievance Process described
below.
• Determining whether the Complainant wishes to make a Complaint.
• Notifying the Respondent of the Complaint/Grievance Process, including a
supportive and remedial response, an Informal Resolution option, or the
Complaint/Grievance Process described below, if a Complaint is made.
• Notifying any need-to-know departmental or human resources unit, as applicable,
of the reported conduct.
Helping a Complainant to Understand Options
If the Complainant indicates they wish to initiate a Complaint (in a manner that can
reasonably be construed as reflecting intent to make a Complaint), the Title IX
Coordinator/Title IX Administrator will help to facilitate the Complaint, which will include:
• Working with the Complainant to determine whether the Complainant wishes to
pursue one of three resolution options:
o a supportive and remedial response, and/or
o Informal Resolution, or
o the Complaint/Grievance Process described below.

The Title IX Coordinator/Title IX Administrator will seek to abide by the wishes of the
Complainant but may have to take an alternative approach depending on their analysis
of the situation. If the Complainant elects for the Complaint/Grievance Process below,
and the Title IX Coordinator/Title IX Administrator has determined the Policy applies and
that NMU has jurisdiction, they will route the matter to the appropriate
Complaint/Grievance Process, will provide the Parties with a Notice of Investigation and
Allegation(s), and will initiate an investigation consistent with these procedures. If any
Party indicates (in writing) that they want to pursue an Informal Resolution option, the
Title IX Coordinator/Title IX Administrator will assess whether the matter is suitable for
Informal Resolution and refer the matter accordingly.
If the Complainant indicates (in writing) that they do not want any action taken, no
Complaint/Grievance Process will be initiated (unless deemed necessary by the Title IX
Coordinator/Title IX Administrator), though the Complainant can elect to initiate one
later, if desired.
Administrator Authority to Initiate a Complaint
If the Complainant does not wish to file a Complaint, Title IX Coordinator/ Title IX
Administrator, who has ultimate discretion as to whether a Complaint is initiated, will
offer supportive measures and determine whether to initiate a Complaint themselves.
To make this determination, the Title IX Coordinator/Title IX Administrator will evaluate

that request to determine if there is a serious and imminent threat to someone’s safety
or if NMU cannot ensure equal access without initiating a Complaint. The Title IX
Coordinator/Title IX Administrator will consider the following non-exhaustive factors to
determine whether to file a Complaint:
• The Complainant’s request not to proceed with initiation of a Complaint;
• The Complainant’s reasonable safety concerns regarding initiation of a
Complaint;
• The risk that additional acts of Prohibited Conduct would occur if a Complaint is
not initiated;
• The severity of the alleged Prohibited Conduct, including whether the Prohibited
Conduct, if established, would require the removal of a Respondent from campus
or imposition of another disciplinary sanction to end the Prohibited Conduct and
prevent its recurrence;
• The age and relationship of the Parties, including whether the Respondent is an
NMU employee;
• The scope of the alleged Prohibited Conduct, including information suggesting a
pattern, ongoing Prohibited Conduct, or Prohibited Conduct alleged to have
impacted multiple individuals;
• The availability of evidence to assist a Decision-maker in determining whether
Prohibited Conduct occurred;
• Whether NMU could end the alleged Prohibited Conduct and prevent its
recurrence without initiating its Complaint/Grievance process.
If deemed necessary, the Title Coordinator/Title IX Administrator may consult with
appropriate NMU employees, and/or conduct a violence risk assessment with
appropriate CARE Team members to aid their determination whether to initiate a
Complaint.
When the Title IX Coordinator/Title IX Administrator initiates a Complaint, they do not
become the Complainant. The Complainant is the person who experienced the alleged
conduct that could constitute a violation of this Policy. The Complainant’s level of
participation, if any, in a Title IX Coordinator/Title IX Administrator Complaint process is
voluntary.

Dismissal
The Title IX Coordinator/Title IX Administrator may dismiss a Complaint if, at any time
during the investigation or Complaint/Grievance Process, one or more of the following
grounds are met:
• The Title IX Coordinator/Title IX Administrator is unable to identify the
Respondent after taking reasonable steps to do so
• The Title IX Coordinator/Title IX Administrator no longer enrolls or employs the
Respondent

• A Complainant voluntarily withdraws any or all of the allegations in the
Complaint, and the Title IX Coordinator/Title IX Administrator declines to initiate a
Complaint
• The Title IX Coordinator/Title IX Administrator determines the conduct alleged in
the Complaint would not constitute a Policy violation, taking Complainant’s report
as true.
A Decision-maker can recommend dismissal to the Title IX Coordinator/Title IX
Administrator, if they believe the grounds are met. A Complainant who decides to
withdraw a Complaint may later request to reinstate or refile it.
Upon any dismissal, the Title IX Coordinator/Title IX Administrator will promptly send the
Complainant written notification of the dismissal and the rationale for doing so. If the
dismissal occurs after the Respondent has been made aware of the allegations, the
Title IX Coordinator/Title IX Administrator will also notify the Respondent of the
dismissal.
The dismissal decision is appealable by any party.
Appeal of Dismissal
The Complainant may appeal a dismissal of their Complaint. The Respondent may also
appeal the dismissal of the Complaint if dismissal occurs after the Respondent has
been made aware of the allegations. All dismissal appeal requests must be filed within
three (3) business days of the notification of the dismissal.
The Title IX Coordinator/Title IX Administrator will notify the Parties of any appeal of the
dismissal. If, however, the Complainant appeals, but the Respondent was not notified of
the Complaint, the Title IX Coordinator/Title IX Administrator must then provide the
Respondent with a Notification of Investigation and Allegations (NOIA) and will notify the
Respondent of the Complainant’s appeal with an opportunity to respond.
Throughout the dismissal appeal process, the Title IX Coordinator/Title IX Administrator
will:
• implement dismissal appeal procedures equally for the Parties,
• assign a trained Dismissal Appeal Officer who did not take part in an
investigation of the allegations or dismissal of the Complaint,
• provide the Parties a reasonable and equal opportunity to make a statement in
support of, or challenging, the dismissal, and
• notify the Parties of the result of the appeal and the rationale for the result.
The grounds for dismissal appeals are limited to:
• procedural irregularity that would change the outcome;
• new evidence that would change the outcome and that was not reasonably
available when the dismissal was decided;

• the Title IX Coordinator/Title IX Administrator, Investigator, or Decision-maker
had a conflict of interest or bias for or against complainants or respondents
generally or the individual Complainant or Respondent that would change the
outcome.
Upon receipt of a dismissal appeal in writing from one or more Parties, the Title IX
Coordinator/Title IX Administrator will share the petition with the other party and provide
three (3) business days for other Parties to respond to the request. The appeal should
specify at least one of the grounds above and provide any reasons or supporting
evidence for why the ground is met. This appeal will be provided in writing to the other
Parties, and the Title IX Coordinator/Title IX Administrator, who will be invited to
respond in writing. At the conclusion of the response period, the Title IX
Coordinator/Title IX Administrator will forward the appeal, as well as any response
provided by the other Parties to the Dismissal Appeal Officer for consideration.
If the request for appeal does not provide information that meets the grounds in this
Policy, the request will be denied by the Dismissal Appeal Officer, and the Parties, their
Advisors, and the Title IX Coordinator/Title IX Administrator will be notified in writing of
the denial and the rationale.
If any of the asserted grounds in the appeal satisfy the grounds described in this Policy,
then the Dismissal Appeal Officer will notify all Parties and their Advisors, and the Title
IX Coordinator/Title IX Administrator, of their decision and rationale in writing. The effect
will be to reinstate the Complaint.
In most cases, appeals are confined to a review of the written documentation or record
of the original determination and pertinent documentation regarding the specific appeal
grounds. The Dismissal Appeal Officer has seven (7) business days to review and
decide on the appeal, though extensions can be granted at the discretion of the Title IX
Coordinator/Title IX Administrator, and the Parties will be notified of any extension.
The Dismissal Appeal Officer may consult with the Title IX Coordinator/Title IX
Administrator and/or legal counsel on questions of procedure or rationale for
clarification, if needed. The Title IX Coordinator/Title IX Administrator will maintain
documentation of all such consultation.
Emergency Removal
The Title IX Coordinator/Title IX Administrator may recommend to the Dean of Students
Office, the emergency removal (temporary suspension) of the Respondent. The Dean of
Students Office will follow the Temporary Suspension guidelines - 2.7.07 - within the
NMU Student Handbook.
Nothing precludes NMU from removing a Respondent from an education program or
activity on an emergency basis, provided that the NMU undertakes an individualized
safety and risk analysis, determines that an imminent and serious threat to the health or
safety of a Complainant or any students, employees, or other persons arising from the

allegations of Prohibited Conduct justifies removal, and provides the Respondent with
notice and an opportunity to challenge the decision immediately following the removal.
The University may place an employee on Administrative Leave, with or without pay,
when circumstances suggest the presence of the Respondent would significantly hinder
the investigation or where the Respondent poses an immediate threat to the physical
health or safety of an individual.
Informal Resolution
To initiate an Informal Resolution, a Complainant or Respondent may make such a
request to the Title IX Coordinator/Title IX Administrator at any time prior to a final
determination, or the Title IX Coordinator/Title IX Administrator may offer the option to
the Parties, in writing. The Title IX Coordination/Title IX Administrator will obtain
voluntary, written confirmation that all Parties wish to resolve the matter through
Informal Resolution before proceeding and will not pressure the Parties to participate in
Informal Resolution. The Title IX Coordinator/Title IX Administrator has the authority to
approve or decline an Informal Resolution in any given case and at any given time.
Before initiation of an Informal Resolution process, the Title IX Coordinator/Title IX
Administrator will provide the Parties with a NOIA that explains:
• The allegations;
• The requirements of the Informal Resolution process;
• That, prior to agreeing to a resolution, any party has the right to withdraw
from the Informal Resolution process and to initiate or resume NMU’s
Complaint/Grievance Process;
• That the Parties’ agreement to a resolution at the conclusion of the Informal
Resolution process will preclude the Parties from initiating or resuming the
resolution process arising from the same allegations;
• The potential terms that may be requested or offered in an Informal Resolution
agreement, including notification that an Informal Resolution agreement is
binding only on the Parties; and
• What information the Title IX Coordinator/Title IX Administrator will maintain, and
whether and how it could disclose such information for use in its
Complaint/Grievance Process.
NMU generally offers two categories of Informal Resolutions:
1. Educational Conversation. When the Title IX Coordinator/Title IX Administrator
can resolve the matter informally by having a conversation with the Respondent
to discuss the Complainant’s concerns and institutional expectations.
2. Accepted Responsibility. When the Respondent is willing to accept
responsibility for violating Policy and is willing to agree to actions that will be
enforced similarly to sanctions, and the Complainant(s) and NMU are agreeable
to the resolution terms. The individual facilitating an Informal Resolution must be

trained and cannot be the Investigator, Decision-maker, or Appeal Decision-
maker.

It is not necessary to pursue Informal Resolution first in order to pursue
a Complaint/Grievance Process. Any party participating in Informal Resolution can
withdraw from the Informal Resolution Process at any time prior to its conclusion and
initiate or resume the Complaint/Grievance Process.
If an investigation is already underway, the Title IX Coordinator/Title IX Administrator
has discretion to determine if an investigation will be paused, if it will be limited, or if it
will continue during the Informal Resolution process.
Formal Complaint
A complaint may be filed with the Title IX Coordinator/Title IX Administrator by the
Complainant, other reporter, or Mandatory Reporter, in writing, in person, by mail,
online web form submission, or by electronic mail, by using the contact information
listed in the Relationship Violence, Sexual Assault and Stalking Policy.
If notice of a complaint is submitted in a form that requires clarity, the Title IX
Coordinator/Title IX Administrator will contact the Complainant to ensure that it is filed
correctly. A parent or legal guardian may file a Formal Complaint on behalf of their
minor dependent with a disability.
A Formal Complaint may also be signed by the Title IX Coordinator/Title IX
Administrator alleging a policy violation by a Respondent and requesting that
NMU investigate the allegation(s). In doing so, the Title IX Coordinator/Title IX
Administrator does not become a Complainant or a Party for the case.
Timeframes for Reporting
There is no time limitation on providing Notice/Complaints to the Title IX
Coordinator/Title IX Administrator. However, if the Respondent is no longer subject to
the NMU’s jurisdiction and/or significant time has passed, the ability to investigate,
respond, and/or provide remedies may be more limited or impossible.
If a Complainant chooses not to file a Formal Complaint at the time of the Report, they
may file a Formal Complaint at a later date.
If a Complainant decides to withdraw a Formal Complaint, they may later request to
reinstate it or refile it.
Complainant Requests for Confidentiality/No Investigation
If a Complainant does not wish for their name or other identifiable information to be
shared with the Respondent, does not wish for an investigation to take place, or does
not want a Formal Complaint to be pursued, they may make such a request to the Title
IX Coordinator/Title IX Administrator, who will evaluate that request in light of the duty to
ensure the safety of the campus and to comply with state or federal law. NMU will also

remain true to principles of fundamental fairness that require notice and an opportunity
to respond to all parties in a Formal Complaint process.
In assessing threats, NMU may consult with appropriate offices, which may include the
appropriate members of the CARE Team, the Dean of Students Office, and NMU Police
Department, and may consider the following in evaluating a Complainant’s request for
confidentiality, that no investigation occur, or that no formal action be taken:
• the nature and scope of the alleged conduct, including whether the reported
Prohibited Conduct involves the use of a weapon;
• the Complainant’s wish not to pursue disciplinary action;
• the respective ages and roles of the Complainant and Respondent;
• the risk posed to any individual or to the campus community by not proceeding,
including the risk of additional violence;
• whether there have been other reports of misconduct by the Respondent;
• whether the Respondent threatened further sexual violence or other violence
against the Complainant or others;
• whether the report reveals a pattern of Prohibited Conduct (e.g., via illicit use of
drugs or alcohol) at a given location or by a particular group such that there is an
increased risk of future acts of sexual violence under similar circumstances;
• whether NMU possesses other means to obtain relevant evidence (e.g., security
cameras, personnel, or physical evidence);
• considerations of fundamental fairness and due process with respect to the
Respondent should the course of action include disciplinary action against the
Respondent; and
• NMU’s obligation to provide a safe and non-discriminatory environment.
Where NMU determines what action should be taken that is inconsistent with a
Complainant’s request not to proceed, the Title IX Coordinator/Title IX Administrator will
inform the Complainant about NMU’s chosen course of action. As part of providing
Supportive Measures, NMU may pursue steps to limit the effects of the alleged
Prohibited Conduct and prevent its recurrence in ways that do not involve disciplinary
action against a Respondent or disclosing the identity of the Complainant. NMU may be
compelled to initiate a Formal Complaint signed by the Title IX Coordinator/Title IX
Administrator or otherwise act on alleged employee misconduct irrespective of a
Complainant’s wishes.

If the Complainant elects to take no action, they can change that decision if they decide
to pursue a Formal Complaint at a later date. Upon making a Formal Complaint, a
Complainant has the right, and can expect, to have allegations taken seriously by NMU,
and to have the incidents investigated and resolved through these procedures.
Supportive Provisions

Supportive Measures
During the grievance procedures or during the informal Complaint/Grievance Process,
the Title IX Coordinator/Title IX Administrator will offer and/or provide supportive
measures. Supportive measures cannot be unreasonably burdensome to a party and
cannot be imposed for punitive or disciplinary reasons. NMU offers non-disciplinary,
non-punitive individualized services as appropriate, as reasonably available, and
without fee or charge to the Complainant and/or the Respondent upon notice of alleged
Prohibited Conduct. Such measures are designed to restore or preserve equal access
to the university’s education program or activity without unreasonably burdening the
other Party, including measures designed to protect the safety of all Parties or the
university’s educational environment, and deter Prohibited Conduct.
Supportive measures may include referral to other departments such as Counseling and
Consultation Services or the Health Center, or referral to the Employee Assistance
Program, modifications of work, Safe Walk Program, mutual restrictions on contact
between the Complainant and Respondent, changes in work or housing locations, work
leaves of absence, increased security and monitoring of certain areas of the campus,
and other similar measures. The Title IX Coordinator/Title IX Administrator may also
assist, in coordination with faculty, in other supportive measures that may include
adjustment to class schedules, extensions of deadlines or other course-related
adjustments, and student leave of absence.
NMU will maintain the privacy of the supportive measures, provided that privacy does
not impair NMU’s ability to provide the supportive measures. NMU will act to ensure as
minimal of an academic impact on the Parties as possible. NMU will implement
measures in a way that does not unreasonably burden the other Party.
The Title IX Coordinator/Title IX Administrator promptly makes supportive measures
available to the Complainant and/or Respondent, when appropriate, upon receiving
notice of Prohibited Conduct. Supportive measures may be offered as the result of such
disclosures without formal NMU action. At the time that supportive measures are
offered, NMU will inform the Complainant, in writing (via email), that they may file a
Formal Complaint with NMU either at that time or in the future, if they have not done so
already. The Title IX Coordinator/Title IX Administrator is responsible for coordinating
the implementation of supportive measures.
Violations of no contact orders will be referred to appropriate student or employee
conduct processes for enforcement.
The University may place an employee on Administrative Leave when circumstances
suggest the presence of the Respondent would significantly hinder the investigation.
Support Person and/or Adviser

Complainant(s) and Respondent(s) may each have a support person and/or Adviser of
their choice present at any meeting related to a report of Prohibited Conduct.
During investigative meetings, the Adviser and/or Support Person are both silent and
non-participating entities who are there solely to observe and provide support. The
Parties are expected to ask and respond to questions on their own behalf throughout
the investigation phase of the Complaint/Grievance Process. Either Party or their
Adviser and/or Support Person may request a short break during the investigative
meetings to confer privately.
If the case proceeds to a hearing, the Adviser is then responsible for asking cross
examination questions on behalf of their Party. The Adviser cannot make opening or
closing statements, object to questions, ask questions of their own, or engage in
advocacy other than to ask questions on behalf of their Party. An Adviser is required at
a hearing; if a Party does not have an Adviser at the hearing, the University will provide
one at no charge.
An Adviser may be an attorney at the Parties own cost. Advisers should make
themselves available for meetings throughout the process when requested by their
Party to attend. NMU will communicate directly with the Party. If the Party requests
communication to include the Adviser, the determination will be made at the discretion
of the Title IX Coordinator/Title IX Administrator.
The Adviser and/or Support Person will be required to abide by the University’s policies
and procedures, privacy protections and expected rules of participation. The University
shall determine what constitutes appropriate behavior on the part of a support person
and Adviser.
Any Adviser who oversteps their role as defined will be warned. If the Adviser continues
to disrupt or otherwise fails to respect the limits of the Adviser role, the meeting will be
ended, or other appropriate measures implemented. Subsequently, the Title IX

Coordinator/Title IX Administrator will determine how to address the Adviser’s non-
compliance and future role.

Advisers are expected to maintain the privacy of the records shared with them. These
records may not be shared with third parties, disclosed publicly, or used for purposes
not explicitly authorized by NMU. NMU may seek to restrict the role of any Adviser who
does not respect the sensitive nature of the process or who fails to abide by NMU’s
privacy expectations.
NMU may also make reasonable provisions to allow an Adviser who cannot attend in
person to attend a meeting by telephone, video conferencing, or other similar
technologies as may be convenient and available.
The Parties are expected to provide immediate notice to the Title IX Coordinator/Title IX
Administrator if they change Advisers at any time.

Complaint/Grievance Process
In a case involving a student, Procedures A shall be used for any form of reported
Prohibited Conduct. In a case involving employee conduct, where a student is not a
party, Procedures A shall be utilized where there is a report of Relationship Violence,
Sexual Assault, Sexual Exploitation, and/or Stalking. All other employee cases shall
be investigated utilizing Procedures B. NMU also reserves the right, however, to
utilize Procedures A for any allegations brought forward as they deem necessary and
notice of such a decision will be provided to the Parties at the start of a formal
investigation.
Procedures B applies to reported Prohibited Conduct matters between employees of the
University, where an employee is reporting the following Prohibited Conduct: sexual
harassment, or harassment on the basis of sex or pregnancy status. (Modification and
Accommodation concerns related to education and/or work are addressed under the
Pregnancy, Childbirth and Pregnancy-Related Conditions Policy.)
The Complaint/Grievance Process will include; assessment (including supportive
measures or emergency removal); formal resolution (investigation, hearing (for
Complaint/Grievance Process A/Appendix A only), finding, appeal of outcome, sanction,
appeal of sanction).
The Complaint/Grievance Process will ensure the following basic rights for all
participants:
• Equitable treatment of all Parties
• Supportive Measures offered to both Parties
• Objective evaluation of relevant evidence
• No NMU conflicts of interest or bias by investigators or any Decision Makers
involved in the process.
• Presumption of “not responsible” for Respondent
• Reasonably prompt timeframes for all steps in the process, including disciplinary
sanctions
• Preponderance of Evidence standard used in all cases
• Appeal provided to both Parties
The Title IX Coordinator/Title IX Administrator will provide supportive measures and
assist any Complainant or Respondent in understanding how to navigate the Grievance
Process and Procedures. Upon receipt of a Formal Complaint, NMU will conduct an
assessment to determine the applicable process for review and investigation.
Unionized/other categorized employees are subject to the terms of their
agreements/employees’ rights to the extent those agreements do not conflict with
federal or state compliance obligations.
All efforts will be made to complete the Complaint/Grievance Process in a timely
manner by balancing principles of thoroughness and fundamental fairness with

promptness. Complainants and Respondents will be provided periodic status updates
on the progress of the investigation and resolution of all Formal Complaints and
subsequent appeals.
NMU will determine responsibility for violation of this Policy by using the preponderance
of evidence standard.
When the Respondent is a third party, defined as any Party who is not a current NMU
student or employee, NMU’s ability to take action may be limited. Please see Appendix
C: Third Parties.
Prohibited Conduct
Students, staff, administrators, and faculty are entitled to an employment and
educational environment that is free of discrimination, harassment, and retaliation. This
Policy is not meant to inhibit or prohibit educational content or discussions inside or
outside of the classroom that include germane but controversial or sensitive subject
matters protected by academic freedom or the First Amendment.
The sections below describe the specific forms of legally prohibited discrimination,
harassment, and retaliation that are also prohibited under NMU’s Policy. When speech
or conduct is protected by academic freedom and/or the First Amendment, it will not be
considered a violation of NMU’s Policy, though supportive measures will be offered to
those impacted.
All offense definitions below encompass actual and/or attempted offenses.
Any of the following offenses can be charged as or combined as pattern offenses, in
which case the NOIA will clearly indicate that both individual incidents and a pattern of
conduct are being investigated. A pattern may exist and be charged when there is a
potential substantial similarity to incidents where the proof of one could make it more
likely that the other(s) occurred, and vice-versa. Patterns may exist based on target
selection, similarity of offense, or other factors. Where a pattern is found, it can be the
basis to enhance sanctions, accordingly.
Violation of any other NMU policies may constitute discrimination or harassment when
motivated by actual or perceived protected characteristic(s), and the result is a limitation
or denial of employment or educational access, benefits, or opportunities.
• Discrimination (on the basis of sex under this Policy)
Throughout this Policy, “on the basis of sex” means conduct that is sexual in nature, or
that is directed to the Complainant because of his/her/their actual or perceived sex.
Note: For other forms of discrimination see NMU’s Non-Discrimination Policy | Equal
Opportunity (nmu.edu)

Discrimination is different treatment with respect to an individual’s employment or
participation in an education program or activity based, in whole or in part, upon the
individual’s actual or perceived protected characteristic. Discrimination also includes
allegations of a failure to provide reasonable accommodations as required by law or
policy.
Discrimination can take two primary forms:
• Disparate Treatment Discrimination:
o Any intentional differential treatment of a person or persons that is based
on an individual’s actual or perceived protected characteristic and:
 excludes an individual from participation in; denies the individual
benefits of;
 or otherwise adversely affects a term or condition of an individual’s
participation in an NMU program or activity.

• Disparate Impact Discrimination:
o Disparate impact occurs when policies or practices that appear to be
neutral unintentionally result in a disproportionate impact on a protected
group or person that:
 excludes an individual from participation in; denies the individual
benefits of;
 or otherwise adversely affects a term or condition of an individual’s
participation in an NMU program or activity.

• Discriminatory Harassment
Discriminatory Harassment is unwelcome conduct on the basis of actual or
perceived protected characteristic(s), that based on the totality of the
circumstances, is
• subjectively and objectively offensive, and
• is so severe or pervasive, that it limits or denies a person’s ability to participate in
or benefit from NMU’s education program or activity
• Sex-based Harassment (Applicable under Title IX, Title VII, and the Fair Housing
Act)
• Sex-based Harassment is a form of sex discrimination and means sexual
harassment and other harassment on the basis of sex, including sex stereotypes,
sex characteristics, pregnancy or related conditions, sexual orientation, and
gender identity; sexual assault, dating violence, domestic violence, and stalking.
1) Quid pro quo: an employee agent, or other person authorized by NMU, to provide an
aid, benefit, or service under NMU’s education program or activity, explicitly or impliedly
conditioning the provision of such aid, benefit, or service, on a person’s participation in
unwelcome sexual conduct.
2) Hostile Environment Harassment: unwelcome sex-based conduct, that based on the
totality of the circumstances, is subjectively and objectively offensive, and is so severe

or pervasive, that it limits or denies a person’s ability to participate in or benefit from
NMU’s education program or activity
NMU reserves the right to address offensive conduct and/or harassment that (1) does
not rise to the level of creating a hostile environment, or (2) that is of a generic nature
and not based on a protected characteristic. Addressing such conduct will not result in
the imposition of discipline under NMU Policy, but may be addressed through respectful
conversation, remedial actions, education, effective or other Informal Resolution
mechanisms.
For assistance with Informal Resolution techniques and approaches, contact the Title IX
Coordinator/Title IX Administrator.
3) Sexual Assault: Any sexual act, including Rape, Sodomy, Sexual Assault with an
Object, or Fondling directed against another person, without the consent of the victim,
including instances where the victim is incapable of giving consent; also, unlawful
sexual intercourse.
• Rape:
o Penetration, without the consent of the Complainant, including instances
where the Complainant is incapable of giving consent
o because of their age or
o because of their temporary or permanent mental or physical incapacity
• Sodomy
o Oral or anal penetration of the Complainant by the Respondent without the
consent of the Complainant,
o including instances where the Complainant is incapable of giving consent
 because of their age or
 because of their temporary or permanent mental or physical
incapacity
• Sexual Assault with an Object
o Respondent’s use of an object or instrument to unlawfully penetrate,
however slightly, the genital or anal opening of the body of the
Complainant, without the consent of the Complainant, including instances
where the Complainant is incapable of giving consent
 because of their age or
 because of their temporary or permanent mental or physical
incapacity

• Fondling
o touching of the private body parts (breasts, buttocks, groin, or inner thigh)
of the Complainant by the Respondent
o causing the Complainant to touch the Respondent’s private body parts
o intentionally for a sexual purpose
 without the consent of the Complainant, including instances where
Complainant is incapable of giving consent
 because of their age or

 because of their temporary or permanent mental incapacity or
physical incapacity.

• Incest
o Non-forcible sexual intercourse between persons who are related to each
other within the degrees wherein marriage is prohibited by Michigan State
law
• Statutory Rape
o Non-forcible sexual intercourse with a person who is under the statutory
age of consent, which is 16 in Michigan.

4) Dating Violence:
• violence* committed by a Respondent,
• who is in or has been in a social relationship of a romantic or intimate nature with
the Complainant; and
• where the existence of such a relationship shall be determined based on a
consideration of the following factors:
o length of the relationship
o type of relationship
o frequency of the interaction between the Parties involved in the
relationship.

*For purposes of this Policy, violence is defined as intentionally or recklessly causing
the Complainant physical, emotional, or psychological harm. Legitimate use of violence
for self-defense is not chargeable under this Policy because the purpose is safety, not
harm. Consensual use of violence, such as in kink relationships, would also not meet
this definition, in most circumstances.
5) Domestic Violence
• felony or misdemeanor crimes committed by a person who:
o is a current or former spouse or intimate partner of the Complainant under
the family or domestic violence laws of the State of Michigan or a person
similarly situated to a spouse of the Complainant;

• is cohabitating with, or has cohabitated with, the Complainant as a spouse or
intimate partner;
• shares a child in common with the Complainant; or
• commits acts against a youth or adult Complainant who is protected from those
acts under the family or domestic violence laws of the State of Michigan.
6) Stalking
• engaging in a course of conduct*, that is,
o directed at a specific person that would cause a reasonable person** to:
 fear for the person’s safety, or

 the safety of others; or
 suffer substantial emotional distress.***

*For purposes of this definition, “A ‘course of conduct’ requires that there be more than
one incident and the conduct must be directed at a specific person. Stalking can occur
in person or using technology, and the duration, frequency, and intensity of the conduct
should be considered. Stalking tactics can include, but are not limited to watching,
following, using tracking devices, monitoring online activity, unwanted contact, property
invasion or damage, hacking accounts, threats, violence, sabotage, and attacks. Merely
annoying conduct, even if repeated, is a nuisance, but is not typically chargeable as
stalking.
**Reasonable person is an objective standard meaning a person in the Complainant’s
shoes (having similar characteristics/demographics to the Complainant).
***In the context of stalking, a Complainant is not required to obtain medical or other
professional treatment and counseling is not required to show substantial emotional
distress.
Resolution Timeline
The Title IX Office will make a good faith effort to complete the Complaint/Grievance
Process within one hundred and twenty (120) business days, including any appeals,
which can be extended as necessary for appropriate cause by the Title IX
Coordinator/Title IX Administrator. The Parties will receive regular updates on the
progress of the Complaint/Grievance Process, as well as notification and a rationale for
any extensions or delays, and an estimate of how much additional time will be needed
to complete the process. Investigations are completed expeditiously, normally within
one hundred and twenty (120) business days, though some investigations may take
longer, depending on issues such as the nature, extent, and complexity of the
allegations, witness availability, law enforcement involvement, and other factors. If a
party or witness chooses not to participate in the Complaint/Grievance Process or
becomes unresponsive, the Title IX Office reserves the right to continue it without their
participation to ensure a prompt resolution. Non-participatory or unresponsive Parties
retain the rights outlined in this Policy and the opportunity to participate in the
Complaint/Grievance Process.
The Title IX Office may undertake a short delay in its investigation (several days to a
few weeks) if circumstances require. Such circumstances include but are not limited to a
request from law enforcement to delay the investigation temporarily, the need for
language assistance, the absence of Parties and/or witnesses, and/or health conditions.
The Title IX Office will promptly resume its Complaint/Grievance Process as soon as
feasible. During such a delay, Title IX Office will implement and maintain supportive
measures for the Parties as deemed appropriate. The Title IX Office action(s) or
processes are not typically altered or precluded on the grounds that civil or criminal

charges involving the underlying incident(s) have been filed or that criminal charges
have been dismissed or reduced. The Title IX Office will make a good faith effort to
complete the Complaint/Grievance Process as promptly as circumstances permit and
will communicate regularly with the Parties to update them on the progress and timing
of the process.
Additional Information
Coordination with Law Enforcement
NMU encourages Complainants and Respondents to pursue their legal rights regarding
criminal claims of Prohibited Conduct that may also violate federal or state law. If
requested, NMU will connect involved Parties with resources so they may file criminal
reports and/or cooperate with law enforcement agencies.
NMU’s Relationship Violence, Sexual Misconduct, and Stalking Policy, Procedures,
definitions and burden of proof may differ from Michigan or federal criminal law. Neither
law enforcement’s determination of whether to prosecute a Respondent, nor the
outcome of any criminal prosecution, determine whether a violation of this Policy has
occurred. Proceedings under this Policy may be carried out prior to, simultaneously
with, or following civil or criminal proceedings off campus.
At the request of law enforcement, NMU may defer its Complaint/Grievance Process
until after the initial stages of a criminal investigation. If NMU delays for this reason, it
will communicate with both Parties regarding Supportive Measures, rights, and
procedural options under this Policy to assure safety and well-being during the criminal
investigation. NMU will promptly resume the Complaint/Grievance Process under this
Policy as soon as it is informed that law enforcement has completed its initial
investigation. The Title IX Coordinator/Title IX Administrator shall communicate with
NMU Police Department concerning any reported Prohibited Conduct that may
constitute a crime, but such notification shall not obligate a Complainant to initiate or
participate in a law enforcement investigation or criminal proceeding of any kind.
Prevention Education
Northern Michigan University places a high priority on maintaining a safe and secure
campus for all students, faculty, staff, and visitors. Members of the NMU community
learn about campus security procedures and the prevention of crime through mandatory
and optional training modules as well as programs presented across NMU.
NMU also uses internal and external resources to educate students and employees
about harassment, sexual misconduct, relationship violence, safe and positive options
for bystander intervention, as well as alcohol and drug awareness. Information is also
available for students and employees concerning relationship violence, sexual
misconduct, and/or stalking prevention and awareness upon request.
In addition, NMU offices, such as the NMU Police Department, Intercollegiate Athletics,
and Rec Sports, and Housing and Residence Life, coordinate to offer programming to

address important topics such as relationship violence, sexual misconduct, bystander
intervention, and substance abuse awareness education.
In addition, NMU follows all federal and state training requirements for all sexual
misconduct, relationship violence and/or stalking for reporting, investigations,
resolutions, and appeals.
Training Requirements
Every person involved in the resolution of a Formal Complaint of Prohibited Conduct
and/or Informal Resolution must complete all legally required training. These individuals
include Title IX Coordinator/Title IX Administrators, Investigators, Decision Maker,
Appeal Decision Maker and/or Committee Members, Conduct Administrators
(designated Dean of Student staff, designated Human Resources staff, and the Provost
for Academic Affairs and their designee), and designated NMU Police Department staff
and Mandatory Reporters. All employees are also trained on this Policy annually.
Contact Information for External Complaints and Other Resources
Concerns about NMU’s application of Title IX, Title VII, the Clery Act, or Michigan’s
Elliott-Larsen Civil Rights Act or any other applicable federal or state law may be
addressed to the Title IX Office at titleix@nmu.edu or 906-227-2416; Clery Officer at
cleryofficer@nmu.edu or 906-227-2150; or (906) 227-
2272 or crcomplaint@nmu.edu and indicate whether you want to speak to NMU's
General Counsel; Board Chair; or Board Vice-Chair, or any of these external agencies:
United State Department of Education Clery Act Compliance Division
clery@ed.gov
(800) 421-3481)
United States Department of Education Office for Civil Rights
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Equal Employment Opportunity Commission
info@eeoc.gov
(800) 669-4000)
Michigan Department of Civil Rights
www.michigan.gov/
DEFINITIONS

Adviser
Any person chosen by a party, or appointed by the University, who may accompany the
Party to all meetings related to the Complaint/Grievance Process and advise the party
on that process. The Adviser’s role in meetings is to advise their party privately. The
Adviser’s role in a hearing is limited to cross-examination of the other Party and
witnesses and conferring with their respective party.
Appeal Decision-Maker
The person or committee who accepts or rejects a submitted appeal request,
determines whether any of the grounds for appeal are met, and renders a decision.
Amnesty
Make allowances from minor policy violations, such as underage alcohol consumption
or the use of illicit drugs, related to the incident.
Business Day
A day when NMU is in normal operation. All references in the Policy to days refer to
business days unless specifically noted as calendar days.
Complainant
• A Student or Employee who is alleged to have been subjected to Prohibited
Conduct under the Policy
• A third party who is alleged to have been subjected to Prohibited Conduct under
the Policy by an NMU Student or Employee
o and/or are participating in an NMU educational program or activity at the
time of the alleged Prohibited Conduct.

Complaint
A written request to the Title IX Coordinator/Title IX Administrator that can objectively be
understood as a request for the Title IX Coordinator/Title IX Administrator to investigate
and make a determination about the alleged Policy violation(s).
Complaint/Grievance Process
The process that NMU uses to assess a report and resolve a Formal Complaint.
Confidential Employee
• An employee whose communications are privileged or confidential under federal
or state law. The employee’s confidential status, for purposes of this definition, is
only with respect to information received while the employee is functioning within
the scope of their duties to which privilege or confidentiality applies; or

• An employee who is conducting an Institutional Review Board-approved human-
subjects research study designed to gather information about discrimination,

harassment, or retaliation. The employee’s confidential status only applies with
respect to information received while conducting the study
Consent
Consent is the voluntary, knowing, and freely given agreement, through words and/or
actions, to participate in mutually agreed-upon sexual acts. Consensual sexual activity
happens when each partner willingly and affirmatively chooses to participate in each
sexual act.
Decision Maker/Hearing Officer
A person(s) authorized to determine whether a Respondent has violated the
Relationship Violence, Sexual Misconduct and Stalking Policy and to impose sanctions
when it has been determined a violation has been committed. This includes specially
trained individuals to administer cases related to Prohibited Conduct.
Education Program or Activity
Locations, events, or circumstances where NMU exercises substantial control over the
context in which the sexual harassment or discrimination occurs and also includes any
building owned or controlled by a student organization that is officially recognized by
NMU.
Employees
A person employed by NMU either full- or part-time, or student employees when acting
within the scope of their employment.
Final Determination
A conclusion by preponderance of evidence that the alleged conduct occurred and
whether it did or did not violate policy.
Force
Force is the use of physical violence and/or physical imposition to gain sexual access.
Sexual activity that is forced is, by definition, non-consensual, but non-consensual
sexual activity is not necessarily forced. Force is conduct that, if sufficiently severe, can
negate consent.
Force also includes threats, intimidation (implied threats), and coercion that is intended
to overcome resistance or produce consent.
Formal Complaint
A document verified by a Complainant or the Title IX Coordinator/Title IX Administrator
alleging Prohibited Conduct against a Respondent requesting that NMU investigate a
complaint initially provided in writing.
Incapacitation
Incapacitation is a state where a person is incapable of giving consent. An incapacitated
person cannot make rational, reasonable decisions because they lack the capacity to

give knowing/informed consent (e.g., to understand the “who, what, when, where, why,
and how” of their sexual interaction). A person cannot consent if they are unable to
understand what is happening or are disoriented, helpless, asleep, or unconscious for
any reason, including because of alcohol or other drug consumption.
This Policy also covers a person whose incapacity results from a temporary or
permanent physical or mental health condition, involuntary physical restraint, and/or the
consumption of incapacitating substances.
Incapacitation is determined through consideration of all relevant indicators of a
person’s state and is not synonymous with intoxication, impairment, blackout, and/or
being drunk. Incapacitation is an objective, reasonable person standard that assumes
that a Reasonable Person is both sober and exercising sound judgment.
Informal Resolution
A resolution agreed to by the Parties and approved by the Title IX Coordinator/Title IX
Administrator that occurs prior to a Final Determination in the Complaint/Grievance
Process
Investigation Report
The investigation summary of all relevant evidence gathered during the investigation.
Variations include the Draft Investigation Report and the Final Investigation Report.

Investigator
The person or persons charged by NMU with gathering facts about an alleged violation
of this Policy, assessing relevance, synthesizing evidence, and compiling the
information into an Investigation Report.
Knowledge
When a Mandatory Reporter receives information, a report, or a concern of conduct that
reasonably may constitute Prohibited Conduct in an NMU Education Program or Activity
requiring Notice.
Leave of Absence

A period of time when a student is not enrolled in classes but typically intends to re-
enroll.

Mandatory Reporter
All employees, except those specifically identified as Confidential Employees acting
within their roles, are designated as Mandatory Reporters, and must report, by policy,
knowledge and/or reports of Prohibited Conduct observed as well as incidents reported
to them. Mandatory Campus Reporters must report any and all information reported to
them to an Official with Authority. The OWA at NMU are: Associate Director of Equal
Opportunity and Title IX Coordinator and the Executive Director of Equal Opportunity
and Title IX, who are assigned to implement corrective measures for Prohibitive

Conduct.
Notice
When an employee, student, or third party informs the Title IX Coordinator/Title IX
Administrator of the alleged Prohibited Conduct.
Party/Parties
The Complainant(s) or Respondent(s) in an action relating to a complaint or
investigation of Prohibited Conduct.
Pregnancy or Related Conditions
Pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related
to, or recovery from.
Preponderance of Evidence
Burden of proof that is met if there is greater than a 50% chance that, based on all the
reasonable evidence shown, that a particular fact or event was more likely than not to
have occurred.
Prohibited Conduct
Prohibited Conduct is a term used to collectively refer to relationship violence (dating
violence/domestic violence: sexual misconduct (sexual assault (rape, sodomy, sexual
assault with an object, fondling, incest, and statutory rape); sexual exploitation; sexual
harassment; harassment on the basis of sex or pregnancy status; and stalking.
Prohibited Conduct can be committed by anyone, regardless of sex or gender, and can
occur between people of the same or different gender.
Reasonable Person
Reasonable Person is an objective, comparative standard meaning a hypothetical
person who exercises sober and sound judgment and has similar characteristics,
demographics, and circumstances.
Relevant Evidence
Evidence that may aid a Decision-maker in determining whether the alleged Prohibited
Conduct occurred, or in determining the credibility of the Parties or witnesses.
Remedy
Typically, post-finding actions directed to the Complainant, Respondent and/or the
community as mechanisms to address safety, prevent recurrence, and restore or
preserve equal access to NMU’s Educational Program and/or Activity.
Respondent
A person who is alleged to have engaged in Prohibited Conduct that could constitute a
violation under this Policy.

Retaliation
It is a violation of the University’s Retaliation Policy to intimidate, discipline, discharge,
or harass any individual who has in good faith reported misconduct or fraud, filed a
complaint, instituted proceedings, participated in an Informal Resolution Process,
assisted in an investigation or compliance review, or formally or informally objected to
sexual misconduct and/or discriminatory practices.
Sanction
Consequence(s) imposed by NMU on a Respondent who is found to have violated this
Policy.
Coercion
Coercion is unreasonable pressure for sexual activity. Coercive conduct, if sufficiently
severe, can render a person’s consent ineffective, because it is not voluntary. When
someone makes clear that they do not want to engage in sexual activity, that they want
to stop, or that they do not want to go past a certain point of sexual interaction,
continued pressure beyond that point can be coercive. Coercion is evaluated based on
the frequency, intensity, isolation, and duration of the pressure involved.

Sexual Exploitation
Sexual Exploitation is defined as an individual taking non-consensual or abusive sexual
advantage of another, that does not constitute Sex-Based Harassment as defined, for
their own benefit or for the benefit of anyone other than the person being exploited.
Examples of Sexual Exploitation include, but are not limited to:
• Sexual voyeurism (such as observing or allowing others to observe a person
undressing or using the bathroom or engaging in sexual acts, without the consent
of the person being observed)
• Invasion of sexual privacy (e.g., doxxing)
• Knowingly making an unwelcome disclosure of (or threatening to disclose) an
individual's sexual orientation, gender identity, or gender expression
• Taking pictures, video, or audio recording of another in a sexual act, or in any
other sexually related activity when there is a reasonable expectation of privacy
during the activity, without the consent of all involved in the activity; or exceeding
the boundaries of consent (such as allowing another person to hide in a closet
and observe sexual activity, or disseminating sexual pictures without the

photographed person’s consent), including the making or posting of non-
consensual pornography

• Prostituting another person
• Engaging in sexual activity with another person while knowingly infected with
human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or
infection (STI), without informing the other person of the virus, disease, or
infection
• Causing or attempting to cause the incapacitation of another person (through
alcohol, drugs, or any other means) for the purpose of compromising that

person’s ability to give consent to sexual activity, or for the purpose of making
that person vulnerable to non-consensual sexual activity
• Misappropriation of another person’s identity on apps, websites, or other venues
designed for dating or sexual connections (e.g., spoofing)
• Forcing a person to take an action against that person’s will by threatening to
show, post, or share information, video, audio, or an image that depicts the
person’s nudity or sexual activity
• Knowingly soliciting a minor for sexual activity
• Engaging in sex trafficking
• Knowingly creating, possessing, or disseminating child sexual abuse images,
videos, or recordings
• Creating or disseminating synthetic media, including images, videos, or audio
representations of individuals doing or saying sexually-related things that never
happened, or placing identifiable real people in fictitious pornographic or nude
situations without their consent (i.e., deep fakes)

Student
This definition includes all persons enrolled for credit bearing courses through or at
NMU, both full-time and part-time, and those who attend educational institutions other
than NMU but reside in NMU housing facilities. Participants of the National Training Site
are considered students. Persons who are not officially enrolled for a particular
semester but whose NMU record indicates a continuing relationship with the University
are considered students. Persons who have been admitted to NMU but have not yet
enrolled for courses are considered students.

Supportive Measures
Non-disciplinary, non-punitive individualized services offered as appropriate, as
reasonably available, and without fee or charge to the Complainant and/or the
Respondent upon notice of the alleged Prohibited Conduct. Such measures are
designed to restore or preserve equal access to the university’s education program or
activity without unreasonably burdening the other Party, including measures designed to
protect the safety of all Parties or the university’s educational environment, and deter
the alleged Prohibited Conduct.
Supportive measures may include but are not limited to:
• referral to counseling, medical, and/or other healthcare services
• academic supports,
• modifications of work,
• work leaves of absence,
• changes in work or housing locations,
• providing safety campus escorts (Safe Walk Program),
• mutual restrictions on contact between the Parties,
• increased security and monitoring of certain areas of the campus,

• any other actions deemed appropriate by the Title IX Coordinator/Title IX
Administrator.
The Title IX Coordinator/Title IX Administrator may also assist, in coordination with
faculty, in other supportive measures that may include adjustment to class schedules,
extensions of deadlines or other course-related adjustments, and student leave of
absence.
The institution must maintain as confidential any supportive measures provided to the
Complainant or Respondent, to the extent that maintaining such confidentiality would
not impair the ability of the institution to provide the supportive measures. The Title IX
Coordinator/Title IX Administrator is responsible for coordinating the effective
implementation of supportive measures.
Third Party
Any individual that is not a current NMU employee or student.
Title IX Coordinator/Title IX Administrator
An official designated by NMU to ensure oversight of compliance with Title IX and
NMU’s Title IX program. References to the Coordinator/Administrator throughout the
Policy may encompass the Coordinator, Executive Director, or Specialist.
ATIXA 2024 ONE POLICY, ONE PROCEDURE MODEL
USE AND ADAPTATION OF THIS MODEL WITH CITATION TO ATIXA IS
PERMITTED THROUGH A LIMITED LICENSE TO NORTHERN MICHIGAN
UNIVERSITY. ALL OTHER RIGHTS RESERVED.