The University strongly encourages prompt reporting of conduct that may violate this Policy. Prohibited Conduct may be reported to local law enforcement or the University, including the University of Michigan Police Department (UMPD), or both.
Any individual, not just Claimant, may make a report under this Policy, including a student, employee, visitor, guest or other third party. An individual may choose to report to law enforcement, the University, to both, or to neither. Support and resources are always available to a reporting party regardless of the chosen reporting option.
Making a report to law enforcement or the University by contacting a reporting option (as listed below) means that the report will be shared with others as appropriate.
A. REPORTING TO LAW ENFORCEMENT
The University encourages anyone who experiences Prohibited Conduct to make a report to UMPD, which has a dedicated unit for sexual assault cases. Prompt reporting allows law enforcement to collect and preserve evidence.
An individual who wishes to pursue criminal action in addition to, or instead of, making a report to the University for a Policy violation may contact law enforcement directly by calling:
- 911 (for emergencies);
- University of Michigan Police Department: (734) 763-1131 (non-emergencies);
- Ann Arbor Police Department: (734) 994-2911;
- Ypsilanti Police Department: (734) 483-9510; or
- Washtenaw County Sheriff Department: (734) 971-8400.
An individual has the right to report an incident, or to decline to report an incident, to law enforcement. An individual may decline to participate in a law enforcement interview. A report to law enforcement is separate from a report to the University.
Upon request, University staff will assist an individual in making a report to law enforcement. For example, SAPAC will assist any person in making a report to law enforcement, no matter where the Prohibited Conduct occurred. For conduct occurring in the residence halls or at the University Health System, Housing Security or Hospital Security, respectively, can assist in making a report to UMPD. For reports of off-campus Prohibited Conduct, UMPD can assist in identifying the appropriate law enforcement agency to which to make the report.
B. REPORTING TO THE UNIVERSITY
Individuals who choose to pursue action under this Policy should make a report to the University Title IX Coordinator at OIE through either of these options:
- Contacting the Title IX Coordinator in person, by e-mail or by phone:
Anthony Walesby, Title IX Coordinator
(734) 763-0235 or (734) 647-1388 (tty)
2072 Administrative Services Bldg.
1009 Greene St., Ann Arbor, MI 48109
- Reporting on-line through the Policy website: https://studentsexualmisconductpolicy.umich.edu
1. Anonymous Reports
Any individual may make a report of Prohibited Conduct to the University without disclosing one’s name at http://studentsexualmisconductpolicy.umich.edu/report-an-incident. Depending on the level of information available about the incident or the individuals involved, the University’s ability to respond to an anonymous report may be limited. The University will, however, take whatever steps it deems appropriate and in the best interests of the overall University community, consistent with the information available.
2. Time Frame for Reporting an Incident
Although the University does not limit the time frame for reporting Prohibited Conduct, to promote timely and effective review, the University strongly encourages individuals to report possible Prohibited Conduct within 180 calendar days of the last occurrence of the concerning conduct. A report made after 180 days may make it more difficult to gather relevant and reliable information.
If the Respondent is no longer a student or participant in any University-related program or activity at the time of the report, or if the conduct does not fall within the scope of the Policy, the University may not be able to take action against the Respondent. The University will, however, help a Claimant identify reporting options external to the University and provide support and resources.
3. How the University Shares Information about Prohibited Conduct with Law Enforcement
Upon learning of concerns of possible Prohibited Conduct, the Title IX Coordinator or investigator will submit a report to UMPD. The purpose of this report is to comply with the University's federal reporting obligations, to facilitate accurate compilation of crime statistics, and to ensure that other public safety responsibilities are addressed. The report to UMPD contains all available information known to the investigator at the time, including the identities of the parties involved, a brief summary of the reported conduct, and whether the Claimant has and/or is willing to speak with law enforcement. The investigator role is described fully in Section-XII(A)(1).
After submitting the initial report, if there are significant developments in the available information or the Claimant indicates whether they wish to meet with law enforcement, the Title IX Coordinator or investigator will update UMPD accordingly. This reporting will protect the privacy of the individuals involved to the extent possible. The Claimant or others may be contacted by UMPD or another law enforcement agency to follow-up on the information received from the University. An individual may decline to participate in a law enforcement interview.
4. Information on Amnesty to Students when Reporting Prohibited Conduct
Sometimes students are reluctant to seek help after experiencing Prohibited Conduct, or may be reluctant to help others who may have experienced Prohibited Conduct, because they fear being held responsible by the University or law enforcement for underage alcohol consumption. To better ensure that individuals under the legal drinking age who may be at medical risk as a result of alcohol intoxication will receive prompt and appropriate medical attention, the State of Michigan has adopted a medical amnesty law to remove perceived barriers to seeking help.
Michigan law includes exemption from prosecution for the following:
- A minor who voluntarily accesses a health facility or agency for treatment or observation after consuming alcohol;
- Any minor who accompanies a minor who voluntarily accesses a health facility or agency for treatment or observation after consuming alcohol; or
- Any minor who initiates contact with law enforcement or emergency medical services personnel for the purpose of obtaining medical assistance in connection with their own personal consumption of alcohol or consumption by others.
Similarly, the University will not pursue University misconduct charges against any participant in an investigation under this Policy for potential violations of other University policy for personal consumption of alcohol or other drugs identified during an investigation, as long as any such violations did not and do not place the health or safety of any other person at risk. The University may, however, initiate an assessment, educational discussion or pursue other non-disciplinary options to address the alcohol or other drug use.
C. REPORTING BY UNIVERSITY EMPLOYEES
1. Responsible Employees
Responsible employees must immediately report any information they know about suspected Prohibited Conduct to OIE or the Title IX Coordinator. Responsible employees may include non-employees in addition to employees. Failure by a responsible employee to timely report a suspected Prohibited Conduct may subject them to appropriate discipline, up to and including removal from their position. Responsible employees may report to the Title IX Coordinator through any of the reporting options previously noted in Section VI(B).
The following individuals are responsible employees:
- Executive officers (including those serving in the role of Associate or Assistant Vice President/Provost, as designated by the executive officer);
- Deans, directors, department heads/chairs (including those serving in assistant or associate roles);
- Graduate and undergraduate chairs;
- Supervisors who have hiring or firing power over at least three employees who are not student or post-doc employees;
- University faculty or staff providing oversight to, or traveling with, students1 on University related travel abroad, including University-sponsored study abroad, research, fieldwork, or internship programs;
- Any individuals, whether employees or not, who serve as advisors to or coaches of University-recognized student group;
- All individuals, including student-employees (such as Resident Advisors), working in Student Life, the Division of Public Safety and Security, Intercollegiate Athletics, and OIE, except those who serve in non-supervisory positions in dining services, clerical or custodial/maintenance capacities;
- Campus Security Authorities designated by the University under the Clery Act not otherwise specified in this provision; and
- Individuals serving in any of the positions described above on an acting or interim basis.
Faculty and staff who do not meet any of these criteria are not considered responsible employees. Individuals who are confidential resources are not responsible employees.
Any questions regarding who is a responsible employee should be directed to the Office of the Vice President and General Counsel (OGC) at (734)764-0304 or OIE at (734)763-0235.
2. All Other Employees
Reporting is an important tool to address Prohibited Conduct. Thus, while all other employees who are not designated as confidential resources should safeguard an individual’s privacy, they are also strongly encouraged to share any information about such conduct with OIE, the Title IX Coordinator, or a member of DOSO.
3. Confidential Resources
As explained above, confidential resources will not share information about an individual (including whether that individual has received services) without the individual’s express written permission, unless there is a continuing threat of serious violence or there is a legal obligation to reveal such information.
1"Students" means University students or students from other U.S. based institutions participating in University related travel abroad.