The following conduct is prohibited by this Policy.

Title IX Sexual Harassment

Title IX Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following: 

1. An employee of the College conditioning a provision of aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.
2. Unwelcome conduct that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education, program, or activity as determined by a reasonable person standard.
3. Other “sexual offenses” defined in the following statutes and described in this Policy: ‘‘sexual assault’’ as defined in 20 U.S.C. 1092(f)(6)(A)(v), ‘‘dating violence’’ as defined in 34 U.S.C. 12291(a)(10), ‘‘domestic violence’’ as defined in 34 U.S.C. 12291(a)(8), or ‘‘stalking’’ as defined in 34 U.S.C. 12291(a)(30). These other sexual offenses under Title IX are defined in more detail below.

Title IX Sexual Assault

Title IX Domestic Violence

Violence committed on the basis of sex, committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, or by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Michigan, or by any other person against whose acts an adult or youth Complainant is protected under the domestic or family violence laws of Michigan.

Title IX Dating Violence

An assault or assault and battery committed by a person: (1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (2) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.

Title IX Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress.

Title IX Retaliation

Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or 34 C.F.R. Part 106 constitutes retaliation.

Other Prohibited Sex-Based Harassment

Sexual Harassment

Sexual harassment is a form of sex discrimination that includes quid pro quo sexual harassment and hostile environment harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, or gender expression.

1. Quid Pro Quo Sexual Harassment. An employee, agent, or other person authorized by the College to provide an aid, benefit, or service under the College’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct. Quid pro quo harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.
   • An example is a supervisor threatening to terminate, transfer, or demote an employee or student employee if sexual favors are not given or continued.
2. Hostile Environment Harassment. Unwelcome sexualized conduct or non-sexual conduct based on sex that, considering the totality of 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 the College’s education program or activity, including employment. Hostile environment harassment includes such conduct that has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive environment.
   • In determining whether conduct constitutes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, or gender expression, the totality of the circumstances must be considered in a fact-specific inquiry including consideration of the following:
     • The nature of the conduct;
     • The degree to which the conduct affected the complainant’s ability to access the College’s education program or activity;
     • The type, frequency, and duration of the conduct;
     • The parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct; 
     • The location of the conduct; and
     • The context in which the conduct occurred.
   • To establish a hostile environment, the offensive conduct must be severe or pervasive enough to create an environment that a reasonable person would find hostile or abusive. The behavior must be objectively offensive to a reasonable person and subjectively offensive to the complainant. Sexual harassment is often a pattern of offensive behaviors. A single incident may also constitute sexual harassment if severe.
   • Examples of harassing conduct based on sex may include:
     • Conduct of a sexualized nature, such as unwanted conduct expressing sexual attraction or involving sexual activity (e.g., “sexual conduct”); sexual attention; or discussing or displaying visual depictions of sex acts or sexual remarks.
     • Non-sexual conduct based on sex, such as sex-based epithets; sexist comments (such as remarks that a certain sex does not belong in management or in a particular profession); facially sex-neutral offensive conduct motivated by sex (such as bullying directed toward individuals of one gender but not other genders); or offensive jokes or teasing about sexual orientation or gender identity.

Sexual Assault

Domestic Violence

An act of violence (actual or an attempt to cause physical injury to another) or threat to cause violence to another, committed by an individual who is a current or former spouse or intimate partner of an individual, a person with whom the individual shares a child in common, a person who is cohabitating with or has cohabited with the individual as a spouse or intimate partner. To categorize an incident as Domestic Violence, the relationship between the Respondent and Complainant must be more than just two people living together as roommates.

Dating Violence

Violence committed by a person who is in or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For purposes of this definition, dating violence includes, but is not limited to sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Stalking

Engaging in a course of conduct directed at a specific person, that would cause a reasonable person to fear for the person’s safety or the safety of others, or to suffer substantial emotional distress. includes cyberstalking, which utilizes electronic formats such as the internet, social networks, social media apps, blogs, texts, cell phones and other devices. Stalking may include behavior that occurs outside the context of a relationship. For purposes of this definition:

• A “course of conduct” means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. 
• “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the Complainant.
• “Substantial emotional distress” means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Retaliation

An act taken because of a person’s participation (or expectation of participation) in a protected activity that would discourage a reasonable person from engaging in protected activity. Protected activity includes a person’s good faith opposition to prohibited conduct; report of prohibited conduct to the College; or participation (or reasonable expectation of participation) in any manner in an investigation, proceeding, hearing, or supportive measure under this Policy.

Sexual Exploitation

Sexual Exploitation is taking non-consensual sexual advantage of another for one’s own benefit or for the benefit of anyone other than the person being exploited.

1. Sexual Voyeurism. Intentionally 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. This includes 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 or video without the person’s consent, whether dissemination occurs online or not), including the making or posting of revenge pornography.
2. Synthetic or Manipulated Sexual Images. Creating or sharing synthetic media or manipulated media of an actual person engaging in sexual activity or sexually explicit communication that never transpired or of an identifiable, actual person placed in a fictitious pornographic or nude (total or in a state of undress so as to expose a private body part) situation without the actual person’s consent and without a defense prescribed by the state of Michigan. Media includes images, videos, text, or audio representations. Identifiable includes by virtue of the actual person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable features, or from information displayed in connection with the digital depiction.
3. Infecting Another with a Sexually Transmitted Infection/Disease. Engaging in sexual activity with another person while knowingly having a sexually transmissible condition without informing the other person of the condition prior to engaging in the sexual activity that is likely to transmit the condition and not taking measures to prevent transmission, including viral suppression or being noninfectious, condom use, and partner PrEP use.
4. Causing Incapacitation. Causing incapacitation of another person (through alcohol, drugs, or other means) for the purpose of compromising that person’s ability to give consent to sexual activity.
5. Identity Misappropriation. Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections.
6. Extortion. 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 that person’s nudity or sexual activity.
7. Solicitation of a Minor. Knowingly soliciting a minor for sexual activity.
8. Prostituting. Prostituting another person.
9. Sex Trafficking. Use of force, fraud, or coercion to compel a person into commercial sex acts or labor against that person’s will.
10. Child Pornography. Knowingly creating, possessing, or disseminating child sexual abuse images or recordings.

Sex Discrimination

1. General: This Policy prohibits discrimination on the basis of sex, including discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. 
2. Parental, family, or marital status; pregnancy or related conditions:
   • This Policy prohibits discriminating against or excluding a student from an education program or activity, extracurricular activity, athletic program, or other program or activity of the College, on the basis of the student’s pregnancy, childbirth, lactation, past pregnancy, false pregnancy, potential pregnancy, termination of pregnancy, medical conditions related to or recovery from any of these or related conditions.
   • This Policy prohibits discrimination against or exclusion from employment any employee or applicant for employment on the basis of current, potential, or past pregnancy, or medical conditions related to or recovery from any of these or related conditions.
   • The College prohibits any rule concerning a student’s actual or potential parental, family, or marital status which treats students differently on the basis of sex. 
3. The College prohibits any policy, practice, or procedure, or employment action on the basis of sex:
   • Concerning the current, potential, or past parental, family, or marital status of an employee or applicant for employment which treats persons differently; or
   • Which is based upon whether an employee or applicant for employment is the head of household or principal wage earner in such employee’s or applicant’s family unit.