We know you have a lot of questions. And, we want to help! Here are some to start, and be sure to ask if you don't see the answer to yours here.
Self-Care & Support
No. Delta College offers free confidential counseling to its students and employees. If you decide to access community and non-institutional services, payment for these will be subject to state/local laws, insurance requirements, etc.
Talk with the Title IX Coordinator about available interim measures. Interim measures might include:
- Assistance with or rescheduling an academic assignment (paper, exams, etc.)
- Assistance in requesting an incomplete in a class
- Assistance with transferring class sections, if available
- Assistance with alternative course completion options, or
- Other accommodations for safety as necessary.
If you believe that you have experienced sexual misconduct, but are unsure of whether it was a violation of the College’s sexual misconduct procedures, you should contact the College’s Title IX Coordinator, Title IX/VAWA Advocate or one of the on-campus Licensed Professional Counselors (can be confidential).
The following is an abbreviated list:
- Academic assistance
- Taking an incomplete
- Assistance with transferring class sections
- Temporary withdrawal
- Escorts to and from campus locations
- On campus counseling
reporting an incident & grievance procedures
There are several complaint options available to you. You have the right to pursue criminal charges off campus and/or make a complaint through the Delta's Sexual Misconduct Procedures. There are also confidential resources available to you on campus.
DO NOT contact the person reporting the incident. You may immediately want to contact someone who can serve as your advisor; may one may serve as your advisor. You may also contact the Title IX/VAWA Advocate who can also explain our procedures for addressing sexual misconduct reports. You may also want to talk to a confidential counselor at the counseling center or seek other community assistance.
The privacy of all parties to a report of sexual misconduct must be respected, except insofar as it interferes with the College’s obligation to fully investigate allegations of sexual misconduct. Where privacy is not strictly kept, it will still be tightly controlled on a need to know basis.
Yes, if you want formal disciplinary action to be taken against the respondent. You can report the incident without the identity of the responding party, but doing so may limit the College’s ability to respond comprehensively.
Yes, if the College determines there is reasonable cause to believe a violation has occurred and investigates the matter. The respondent has the right to know the identity of the complainant.
Police are in the best position to secure evidence of a crime. Physical evidence of a criminal sexual assault must be collected from the alleged victim’s person within 120 hours, though evidence can often be obtained from towels, sheets, clothes, etc. for much longer period of time. If you believe you have been a victim of a criminal sexual assault, you should go to the hospital before washing yourself or your clothing.
Most investigations will be completed within 60 days. If an investigation will take longer than 60 days, the Title IX coordinator will contact both parties in writing informing them of the delay and the anticipated date of completion.
The College investigates allegations of sex/gender based harassment, discrimination or misconduct to determine whether there is evidence to indicate a policy violation is “more likely than not.” This standard, called the preponderance of the evidence, correspondents to an amount of evidence indicating a policy violation is more than 50% likely.
The person filing a complaint is not required to speak to or file a police complaint.
Yes, complainants have the right to pursue both campus resolution of a complaint as well as civil and/or criminal resolution. It is up to the complainant to decide how they want to proceed. The colleges' processes will move forward regardless if there is criminal or civil legal action taken regarding the same incident.
No, not unless you tell them. Whether you are the complainant or the respondent, the College’s primary relationship is to the student and not to the parent. However, in the event of a major medical, disciplinary or academic jeopardy situation, students are strongly encouraged to inform their parents.
Yes, both the complainant and respondent may have a support person/advisor throughout the resolution process.
Victims of criminal sexual assault need not retain a private attorney to pursue criminal prosecution because representation will be handled by the District Attorney’s office. You may want to retain an attorney if you are considering filing a civil action or are the respondent. The respondent may retain counsel at their own expense if they determine that they need legal advice about criminal prosecution and/or the campus conduct proceeding. Both the respondent and complainant may use an attorney as their advisor during the campus resolution process. Attorneys are subject to the same restrictions as other advisors in the process (see role of advisors within the Sexual Misconduct Procedures).
No. You and the respondent will never be brought together for an interview. Each person, including witnesses will be interviewed alone or with an advisor. The advisor cannot be the respondent or the complainant.
Delta College prohibits retaliation in any way against an individual or group because the individual or group has reported an allegation of sexual harassment or sexual violence or has participated in a grievance proceeding in response to such an allegation. Delta College recognizes retaliation can take many forms, may be committed by an individual or group against an individual or group, and that a respondent can also be the subject of retaliation. The Delta College will take prompt and responsive action to any report of retaliation and may pursue disciplinary or other action as appropriate. Be mindful of your actions and behavior and avoid all direct and indirect contact with the complainant until the matter is resolved
Delta College prohibits retaliation in any way against an individual or group because the individual or group has reported an allegation of sexual harassment or sexual violence or has participated in a resolution process in response to such an allegation. Delta College recognizes retaliation can take many forms, may be committed by an individual or group against an individual or group, and that a respondent can also be the subject of retaliation. Delta College will take prompt and responsive action to any report of retaliation and may pursue disciplinary or other action as appropriate.
FAQ’s for Friends
If your friend has been harmed, make sure they are safe. Believe your friend and listen to them. Establish yourself as a safe person who won't pass judgment and will let your friend lead their own recovery process. Be patient. Healing takes time, so continue to offer your support. Don't try to rationalize what happened or make excuses for the offender. Provide options to the victim/survivor and let them choose which option is best. Do not avoid your friend or the subject; doing so may reinforce any shame or fear they are feeling.
Know available campus resources, community resources and the Title IX coordinators. If they aren't interested, don't force them. You may also contact these resources for guidance on how to help your friend. Educate yourself about sexual violence and the trauma associated with it. Do not forget to get help for yourself. Having a friend who has been victimized can be a scary and confusing experience.
FAQs on TITLE IX
Title IX is a federal law that protects individuals from sex discrimination in any education program or activity receiving federal financial assistance. There are other laws that also protect students and employees from sex discrimination, including Title VII of the Civil Rights Act of 1964 (federal law) and a Michigan law called the Elliott-Larsen Civil Rights Act.
No, not entirely. Title IX addresses discrimination based on sex/gender. Title IX considers sexual harassment, sexual assault and pregnancy discrimination as forms of sex/gender discrimination and it requires that all of these sorts of incidents be viewed as discrimination and be investigated.
Yes, it is unlawful to discriminate against Delta students because of their sex.
Sex discrimination includes sexual harassment and sexual assault. Discrimination is the unequal treatment of a person based on that person's gender. This prohibition covers any term or condition of employment, academic program, student service, activity, benefit or opportunity provided by Delta.
Sexual Harassment is any unwelcome conduct of a sexual nature that denies or limits a student's ability to participate in or benefit from a school's education program when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in any College activity
- Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual
- Such conduct is sufficiently serious that it interferes with or limits an individual's ability to participate in or benefit from the employment or educational environment
In determining whether the alleged conduct constitutes sexual harassment, consideration shall be given to the record as a whole and to the totality of circumstances, including the nature and frequency of the conduct and the context in which the alleged incidents occurred.
Sexual Assault is defined by the criminal sexual conduct statutes of Michigan as a crime involving forced or coerced sexual penetration (first and third degree) or sexual contact (second and fourth degree). Sexual assault can occur either forcibly (against a person's will) or when a person cannot give consent.
In certain situations, a person does not have the capacity to agree to participate in consensual sex. Examples include individuals who are under the age of consent, intoxicated, developmentally disabled, mentally/physically unable to consent, etc. Anyone engaging in sexual contact with someone who is unable to give consent may be committing sexual assault.
Depending on the particular circumstances, sex discrimination, sexual harassment or sexual assault may include, but is not limited to, the following:
- Physical assaults of a sexual nature, such as rape, sexual battery, molestation, or attempts to commit these assaults; and intentional physical conduct that is sexual in nature such as touching, pinching, patting, grabbing, poking, or brushing against another individual's body.
- Offering or implying an employment-related reward (such as a promotion, raise, or different work assignment) or an education-related reward (such as a better grade, a letter of recommendation, favorable treatment in the classroom, assistance in obtaining employment, grants or fellowships, or admission to any educational program or activity) in exchange for sexual favors or submission to sexual conduct.
- Threatening or taking a negative employment action (such as termination, demotion, denial of an employee benefit or privilege, or change in working conditions) or negative educational action (such as giving an unfair grade, withholding a letter of recommendation, or withholding assistance with any educational activity) or intentionally making the individual's job or academic work more difficult because sexual conduct is rejected.
- The use or display in the classroom or workplace, including electronic, of pornographic or sexually harassing materials such as posters, photos, cartoons or graffiti without pedagogical justification.
- Unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments about a person's sexuality or sexual experience. Such conduct between peers must be sufficiently severe, persistent, or pervasive that it creates an educational or working environment that is hostile or abusive. A single incident involving severe misconduct may rise to the level of harassment.
You should speak up. The best way to stop any kind of discrimination is to tell a College official. That person will contact the Title IX Coordinator.
There are several people at Delta College trained to address complaints of gender discrimination. Delta College’s Title IX Coordinator, Loyce Brown, oversees all compliance with all Title IX related matters, including the handling of complaints.
Detailed information on where to file a complaint of sex discrimination, sexual harassment or sexual assault can be found in the Sexual Misconduct Procedures.
Yes, if the incident has sufficient ties to Delta (if it occurs at a Delta event, if it involves a Delta student, staff member or faculty member, etc.) then Delta can investigate and provide resolution.