For purposes of this Policy, some key terms are defined below. Additional terms are defined within the text of the Policy.
A. Complainant: “Complainant” is used to refer to a Student, Employee, or Third Party who is reported to have experienced Prohibited Conduct and who participates in a process undertaken by the University to address the report of Prohibited Conduct. In some instances, the person who is reported to have experienced Prohibited Conduct may not wish to participate in the process. In those cases, the University may pursue a resolution process under this Policy without a participating Complainant. For ease of reference, “Complainant” will also be used throughout this Policy and related procedures to refer generally to an individual who is reported to have experienced Prohibited Conduct, even if they do not participate in any related process.
B. Confidential and Non-Confidential Resources: “Confidential Resources” are available to provide individuals with assistance, support, and additional information and are prohibited from disclosing confidential information unless: (1) given permission by the person who disclosed the information; (2) there is an imminent threat of harm to self or others; (3) the conduct involves suspected abuse of a minor under the age of 18; or (4) as otherwise required or permitted by law or court order. Confidential Resources may be required to report non-identifying information to DPSS for crime reporting purposes.
“Non-Confidential Resources” are available to provide individuals with assistance, support, and additional information, but are not designated as confidential and may have broader obligations to report information that is shared with them. Non-Confidential Resources will make reasonable efforts to respect and safeguard the privacy of the individuals involved. Privacy means that concerns about Prohibited Conduct will only be shared with University representatives, such as OIE, responsible for assessment, investigation, or resolution of the report or otherwise properly responding to issues raised; to DPSS for crime statistics reporting; and to the extent required by law or court order.
C. Division of Public Safety and Security or DPSS: “Division of Public Safety and Security” or “DPSS” refers collectively to the University of Michigan Police Department (“UMPD”), the University of Michigan-Dearborn Department of Police and Public Safety (“DPPS”), the University of Michigan-Flint Department of Public Safety (“DPS”), Michigan Medicine Security, Housing Security, and University Security Services
D. Employee: “Employee” means all faculty (i.e., regular instructional, supplemental instructional, research track, and visiting faculty), librarians, archivists, curators, graduate student instructors, graduate student staff assistants, graduate student research assistants, postdoctoral research fellows, and all regular and temporary staff.
E. Formal Complaint: “Formal Complaint” means a document signed by a Complainant or by the Title IX Coordinator alleging that a Respondent engaged in Prohibited Conduct and requesting initiation of the University’s resolution processes.
F. Individuals with Reporting Obligations: “Individuals with Reporting Obligations” or “IROs” are individuals who are required to report to OIE information about alleged Prohibited Conduct. Individuals with Reporting Obligations are (1) University administrators and supervisors and (2) Employees in certain designated positions and units or departments. A list of Individuals with Reporting Obligations and more information about Individuals with Reporting Obligations can be found in Section VII. As set forth in Section VII, some Individuals with Reporting Obligations have the authority to institute corrective measures on behalf of the University and are required to report all information about Prohibited Conduct that they receive, regardless of how and when they learned of the information.
G. Office for Institutional Equity: “Office for Institutional Equity” or “OIE” at Ann Arbor, Dearborn, and Flint are collectively referred to as “OIE” in this Policy.
H. Patient: “Patient” means a Patient of the University of Michigan Academic Medical Center as defined in Regents Bylaw 11.36.
I. Program or Activity: A University “Program or Activity” includes: (1) any location, event, or circumstance where the University exercises substantial control over both the Respondent and the context in which the conduct occurs; (2) any building owned or controlled by a Student organization recognized by the University; and (3) a University campus. Conduct that occurs off campus in or at events with no connection to the University is unlikely to occur in a Program or Activity of the University.
J. Prohibited Conduct: “Prohibited Conduct” refers to Sexual and Gender-Based Misconduct (Sexual Assault; Sexual Exploitation; Sexual Harassment; Gender-Based Harassment; Sex and/or Gender-Based Stalking; Intimate Partner Violence; Sex and Gender-Based Discrimination; Retaliation and Violation of Supportive Measures) and Title IX Misconduct (i.e., Quid Pro Quo Sexual Harassment; Severe, Pervasive and Objectively Offensive Sexual Harassment; Sexual Assault, and Sex-Based Intimate Partner Violence and Stalking; as defined by and within the scope of Title IX). For a definition of each type of Prohibited Conduct, please refer to Section XI below.
K. Protected Activity: “Protected Activity” includes most elements of participation in the University’s processes related to this Policy, including but not limited to reporting Prohibited Conduct; pursuing a resolution of Prohibited Conduct; providing evidence in any investigation or hearing; or intervening to protect others who may have experienced Prohibited Conduct. Retaliation against any person because of Protected Activity is prohibited under this Policy, as discussed in Section XI (B)(8).
L. Reasonable Person: “Reasonable Person” means a person using average care, intelligence, and judgment in the known circumstances.
M. Respondent: “Respondent” is an individual who is reported to have engaged in conduct that could constitute Prohibited Conduct.
N. Student: "Student" generally means an individual who was selected “for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an education Program or Activity operated by the University.” An individual is a Student from the time they first register for classes or attend on-campus Student orientation until degree conferral, or they are otherwise ineligible to register for courses without seeking readmission. For purposes of Title IX Misconduct as defined in Section XI (C)(1) below, “Student” also means an individual who, for the purpose of obtaining education, is participating in a University Program or Activity.
O. Supportive Measures: “Supportive Measures” are individualized services, accommodations, and other assistance that the University offers and may put in place, without fee or charge. Supportive Measures are designed to restore or preserve equal access to the University’s Programs and Activities, protect the safety of all parties and the University’s educational environment, and/or deter Prohibited Conduct, without being punitive or disciplinary in nature or unreasonably burdening the other party.
P. Third Party: “Third Party” means all University contractors, guests, vendors, visitors, volunteers, and any individual who is participating in a University Program or Activity, but who, for purposes of alleged Prohibited Conduct, is neither enrolled in an academic program and/or course at the University nor acting as an Employee (e.g., an individual who is participating in a summer camp; an individual who is attending a Program or Activity by invitation or that is open to the public; or an individual who is not enrolled in an academic program and/or course at the University, but who is participating in a University study abroad program).
Q. University Community: “University Community” refers to University Students and Employees.