Reminders and Resources
Preservation of Evidence and Medical Assistance
A person reporting sex or gender-based harassment/discrimination is reminded of the importance of taking every precaution to preserve all evidence, as it is particularly time-sensitive.
Sexual Assault
A person reporting sexual assault should abstain from tampering with any items at the scene, changing clothes or bedding, as well as washing any area of their body. Under some circumstances, the complainant should seek immediate medical attention before washing themselves or clothing. If clothes have been removed, place each item separately in paper bags.
Medical assistance can be sought (ideally within 72 hours of the incident—sooner is better) from any emergency room, such as the one located at Lakeland Medical Center, St. Joseph, Michigan. Financial assistance for hospital exam costs may be available—contact the Michigan Crime Victim Services Commission for more information (517-333-SAFE).
In addition to the collection of evidence, hospital staff are able to check for other potential injuries and respond to the potential of pregnancy and sexually transmitted diseases.
Stalking/Dating Violence/Domestic Violence/Sex-Based Harassment
The complainant should preserve all phone call logs, emails, text messages, online communication and other evidence that is relevant to the specific complaint.
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In most cases, evidence in text and voice messages will be lost if the complainant changes their phone number. If a change in phone number is necessary:
- 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.
- If possible, obtain copies of call logs showing the specific phone number being used rather than a saved contact name.
Release of Documents and Disclosure
Under federal privacy laws, any documents prepared by the University, such as the investigative summary report (which includes written statements and responses from both parties), constitute education records that may not be disclosed outside of University processes except as may be authorized by law. As such, both parties, as well as their advisor/support persons, are instructed not to redisclose written documents they receive from the University. The University does not impose any restrictions on the parties regarding verbal redisclosure of the case (including verbal disclosure of the content of the investigative report) or their participation in the process or the contents of the final outcome letter, with the exception that parties may not publicly disclose University work products (i.e., investigative reports, etc.) or a party's personally identifiable information without authorization or consent. Parties are advised to seek legal advice as to whether or not such verbal disclosure might subject them to liability for defamation.
Privacy and Confidentiality
The University will seek to be sensitive, supportive and respectful to all involved individuals. The University will not disclose personally identifiable information obtained in the course of complying with Title IX regulations, except in the following circumstances: (1) when the University has obtained prior written consent from a person with the legal right to consent to the disclosure; (2) when the information is disclosed to a parent, guardian or other authorized legal representative with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue; (3) to carry out the purposes of this part, including action taken to address conduct that reasonably may constitute sex discrimination under Title IX in the University's education program or activity; (4) as required by federal law, federal regulations, or the terms and conditions of a federal award, including a grant award or other funding agreement; or (5) to the extent such disclosures are not otherwise in conflict with Title IX or this part, when required by State or local law or when permitted under FERPA, 20 U.S.C. 1232g, or its implementing regulations, 34 CFR part 99.
The University generally will not disclose information about any supportive measures to persons other than the person to whom they apply, including informing one party of supportive measures provided to another party, unless necessary to provide the supportive measure or restore or preserve a party's access to the education program or activity.
The University will seriously consider requests for confidentiality and will attempt to limit the number of individuals who may learn about an allegation of sex or gender-based harassment/discrimination. The University, however, cannot guarantee confidentiality in all matters. The University will attempt to balance the complainant's request with the moral responsibility and federal guidelines to create a safe and nondiscriminatory environment.
Ultimately, and especially in cases that involve pattern, predation, threats or violence, the University reserves the right to determine which University officials have a legitimate educational interest in being informed about incidents that fall under this policy and to proceed in whatever manner it deems appropriate to protect the safety of the campus and provide fundamentally fair processes. To comply with certain federal laws, the University is required to report statistics regarding sex or gender-based harassment/discrimination on its campus. Recordkeeping for this statistical report will be accomplished without the inclusion of identifying information about the complainant or witnesses to the extent permissible by law.
Confidential Employee
To enable complainants to access support and resources without filing a complaint, the University has designated specific employees as Confidential Employees. Counselors and chaplains (hired or appointed by the University for a specific job description to provide counseling and pastoral care) have confidentiality obligations that prohibit them from reporting and activating established University processes. The employee's confidential status is only with respect to information received while the employee is functioning within the scope of their duties, to which a privilege or confidentiality applies. If Michigan law requires disclosure, such as mandated reporting laws regarding sexual assault of children, the disclosure is permissible under Title IX. Therefore, while these individuals are able to provide confidentiality and important support, they are not the designated University official to whom reports or complaints should be given (see chart below). See "Supportive Measures'' below to learn more about professional support services.
A confidential employee shall explain to any person who informs the confidential employee of conduct that reasonably may constitute sex discrimination under Title IX or this part: (i) the employee's status as confidential for purposes of this part, including the circumstances in which the employee is not required to notify the Title IX Coordinator about conduct that reasonably may constitute sex discrimination; (ii) how to contact the University's Title IX Coordinator and how to make a complaint of sex discrimination; and (iii) that the Title IX Coordinator may be able to offer and coordinate supportive measures as well as initiate an informal resolution process or an investigation under the grievance procedures.
