SEXUAL MISCONDUCT STATEMENT AND RESOURCES
I.
Introduction
Eastern Michigan University is firmly committed to maintaining a campus environment free
from sexual harassment and sexual assault, collectively referred to as sexual misconduct.
Sexual misconduct jeopardizes the welfare of our students and the safety of our community. It
diminishes students’ individual dignity and impedes their access to educational, social, and
employment opportunities. It may cause lasting physical and psychological harm. Sexual
misconduct violates our institutional values. Sexual misconduct will not be tolerated at the
Eastern Michigan University and is expressly prohibited.
This statement provides information regarding the University’s prevention and education efforts
related to sexual misconduct by students. It also explains how the University will proceed once it
is made aware of possible student sexual misconduct in keeping with our institutional values and
to meet our legal obligations under Title IX and other applicable law.
Students who report sexual misconduct shall be informed of and encouraged to use all
appropriate University, law enforcement, and community resources. Those accused of sexual
misconduct shall receive due process in accordance with University policies and procedures.
Any actual or threatened retaliation or any act of intimidation to prevent or otherwise obstruct
the reporting of sexual misconduct or the participation in proceedings related to sexual
misconduct by an accused student or third party is prohibited and will result in disciplinary
sanctions.
No person should bear the effects of sexual misconduct alone. When such incidents occur, the
University’s paramount concern is for the safety, health, and well-being of those affected. To
support and assist students, the University provides a wide range of services and resources that
are more fully described below.
II.
Definitions of Sexual Misconduct
A student can face significant disciplinary sanctions, including expulsion, as well as criminal
prosecution or other legal action, for the following:
Michigan Definitions of Crimes Described in the Violence Against Women Act
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Domestic Violence (includes dating violence) - MCL 750.81
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•
•
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Aggravated Domestic Violence (includes dating violence) - MCL 750.81a
Sexual Assault = Criminal Sexual Conduct – MCL 750.520b
Consent – the definitions of consent are in the Criminal Sexual Conduct statute (link
above).
Stalking - MCL 750.411 h
Aggravated Stalking - MCL 750.411 i
The definitions above describe the minimum legal standards for conduct, and they set forth terms
that help determine criminal liability and legal responsibility. The University has higher
expectations. (see EMU Student Conduct Code ).
III.
Reporting and University Response Steps
To report an incident of sexual misconduct, contact the EMU Department of Public Safety (DPS)
at tel. (734) 487-1222 or the local law enforcement agency if the incident occurred off campus.
DPS has officers specially trained to work with survivors of sexual assault who will respond to
such reports. DPS is available 24 hours a day, 7 days a week.
A student always has the option to pursue a criminal complaint with DPS (if the incident occurs
on campus) or the local law enforcement agency (in the jurisdiction where the incident
occurred), to pursue the University’s investigative and disciplinary process (described below), or
to pursue both processes simultaneously.
If a report of sexual misconduct is made to any staff or faculty member of the University, the
faculty or staff member shall contact the Department of Public Safety at 734-487-1222. DPS
shall inform the appropriate offices. Contact information and the role and responsibilities of
each office can be found at:
Contact Information, Roles and Responsibilities of EMU Title IX Coordinators
IV.
Resources for Medical and Counseling Care
It is especially important for students who report having been subjected to sexual misconduct to
seek immediate and appropriate medical treatment. For detailed information regarding medical
attention, preserving evidence, and the community resources available to survivors of sexual
assault, please see:
Sexual Assault Fact Sheet
University Health Service is open from Monday through Friday from 9 am – 5 pm during the
academic year and is equipped to provide confidential and professional medical care. UHS can
be reached at 734.487.1122.
While the UHS staff is unable to collect evidence for the purposes of pursuing criminal
prosecution, they can provide assistance and support.
When a sexual assault survivor presents to the Emergency Room at either The University of
Michigan Health System (Ann Arbor) or St. Joseph Mercy Health System (Ypsilanti), the
hospital staff then calls the Sexual Assault Response Team. The SART dispatcher, a staff
member at Safehouse, gathers relevant information and pages the Sexual Assault Nurse
Examiner (SANE) on-call and the SafeHouse advocate on-call. The SANE and advocate respond
promptly to the hospital to provide a medical/forensic exam (rape kit) and crisis intervention and
support services to the survivor. Additional information about the Safehouse’s services for
sexual assault survivors can be found at Safehouse.
The University has a counselling services – Counselling and Psychological Services
(“CAPS). CAPS is staffed by trained professionals who can provide specialized support and
assistance to students who have been subjected to sexual misconduct. Current students may seek
counseling at any time, no matter how long ago the incident occurred. The Counseling Center
can be reached at (734) 487-1118.
V.
Confidentiality
Under Michigan law, an adult (18 years or older) with a complaint of sexual misconduct may
speak confidentially, subject to the limitations discussed below, with certain persons in legally
protected roles. These roles include professional counselors (including but not limited to those in
CAPS), physicians (including but not limited to those in University Health Service), and licensed
rape crisis/sexual assault counselors. The professional being consulted should make any limits
upon confidentiality clear before a student-client begins to provide information. In situations
where disclosure is not required by law, professionals are encouraged to inform students being
counseled of procedures for voluntarily reporting the incident to law enforcement authorities.
The University will make every reasonable effort to preserve an individual’s privacy, follow an
individual’s wishes about whether to pursue a complaint, and protect the confidentiality of
information when responding to a complaint of sexual misconduct. At the same time, the
University has the responsibility to protect the community at large. In light of this responsibility,
certain cases may warrant investigation regardless of the preferences of the individual reporting
the incident.
Additional information about how the University will protect the confidentiality of suvivors may
be found at:
Faculty and staff grievance procedure
Rights Under the Family Education Rights and Privacy Act
VI.
Prevention Education
The University has many programs to promote the awareness of sexual misconduct and works
diligently to prevent sexual violence and harassment through education, awareness and skill
building. Programs include self-defense workshops, educational seminars, peer theater, resource
information, and referral and Sexual Assault Awareness Week. A description of these programs
can be found at:
Department of Public Safety Training and Crime Prevention Seminars
EMU Annual Security Report
EMU Women's Center Events Page
Publications and materials are posted on the University’s Title IX Page.
VII.
University Disciplinary Action
Allegations of sexual misconduct may be adjudicated under the disciplinary procedures outlined
in the EMU Student Conduct Code or the Faculty/Staff Grievance Procedures regardless of
whether they are also reported as a crime to local police or the subject of any criminal or civil
action. Disciplinary action at the University may proceed while criminal or civil proceedings are
pending, and will not be subject to challenge on the grounds that criminal charges involving the
same incident have been dismissed or reduced, that no criminal charges have been brought, or
that any civil action has been dismissed. Penalties shall be administered independent of any
pending civil or criminal action or settlement reached. The full range of disciplinary sanctions,
including expulsion from the University, may be considered, depending on the nature and
severity of the offense. Detailed information regarding who to contact if you have a complaint
and how to file it is contained on the University’s Title IX Page.
Both the student subjected to the misconduct and the accused student shall have the same
opportunities to have an advisor present during a disciplinary proceeding and shall be informed
of the final determination and any sanctions imposed against the accused student for a finding of
sexual misconduct.
Possible sanctions or protective measures that such institution may impose following while an
investigation is proceeding or after a final determination of sexual misconduct and be found at:
EMU Student Conduct Code
Faculty/Staff Grievance Procedures
For information regarding options for, and available assistance in, changing academic, or living,
situations, regardless of whether the survivor chooses to report the crime to campus police or
local law enforcement, please contact the office of Student Well Being.