For matters involving "Prohibited Conduct" as defined by NMU's Relationship Violence, Sexual Misconduct and Stalking Policy, the Title IX Coordinator/Title IX Administrator will ensure the investigation complies with all Title IX requirements. Investigations will be conducted by a trained investigator(s).
The responsibility to conduct an investigation shall not be altered by the fact that a criminal investigation of the incident is pending or has been concluded, although the investigation may be delayed or suspended at the request of law enforcement while the law enforcement agency is gathering evidence. In the event the investigation is delayed at the request of a law enforcement agency, appropriate steps will be taken to provide for the safety of the complainant and the University community and to prevent retaliation by any individual. The steps may include assisting with no contact orders, schedule changes, and housing assignment or work changes. The University will promptly resume its investigation as soon as notified by law enforcement.
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.
Investigation Process
The process NMU follows when the University receives notice and/or a Formal Complaint that an NMU Community Member has engaged in Prohibited Conduct can be found within the Relationship Violence, Sexual Misconduct and Stalking Policy