Campus Security Report 2022

Title IX Sexual Harassment Policy

Introduction

This policy prohibits Sexual Harassment of faculty, employees and students by faculty, staff, students, student employees, appointees, volunteers, suppliers/contractors, and visitors.

Members of the Walsh Community have the right to be free from all forms of Sexual Harassment that impede the realization of Walsh’s mission of providing a transformative business education that combines theory, application and professional experience to prepare graduates for successful careers. All members of the Walsh Community are expected to conduct themselves in a manner that maintains an environment free from Sexual Harassment.  As such, Walsh does not discriminate on the basis of sex and is committed to providing an educational environment free from sex discrimination.

As a recipient of federal funding, Walsh is required to comply with Title IX of the Higher Education Amendments of 1972, 10 U.S.C. § 1681 et seq. (Title IX). Title IX is a federal civil rights law that prohibits discrimination on the basis of sex – including pregnancy discrimination and Sexual Harassment – in educational programs and activities. Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity.

Sexual Harassment is defined broadly under this Sexual Harassment Policy (Policy).  Sexual Harassment includes Sexual Assault, Sexual Harassment, Non-Consensual Sexual Contact, Non-Consensual Sexual Intercourse, Sexual Exploitation, Sexual Misconduct with a Minor, Child Molesting, and sex discrimination, as defined below. Sexual Harassment is a violation of Walsh policy, state and federal civil rights laws, and may violate state and federal criminal laws.

When an allegation of Sexual Harassment is brought to an appropriate individual’s attention (an Employee with Authority to Institute Corrective Measures), and a Respondent is found to have violated this policy, Walsh will issue appropriate sanctions to prevent future misconduct.

Walsh reserves the right to take whatever measures it deems necessary in response to an allegation of Sexual Harassment in order to protect the rights and personal safety of students, employees, and other members of Walsh Community. Such measures include, but are not limited to, interim suspension from campus pending a hearing, and reporting the matter to local police. Not all forms of Sexual Harassment will be deemed to be equally serious offenses, and Walsh reserves the right to impose different sanctions, ranging from verbal warning to expulsion, depending on the severity of the offense. Walsh will consider the concerns and rights of both the Complainant and the Respondent.

Allegations that do not fall within the scope of this policy may be addressed through other conduct policies.  Employees also have the option of raising complaints of discrimination or harassment under the Walsh’s Anti-Discrimination & Anti-Harassment in Employment policy.

Definitions

The following terms and definitions apply to this Policy.

Policy Details

1. Scope
2. False Allegations
3. Training
   • Medium
     • This policy applies to alleged Sexual Harassment in any medium. Sexual Harassment may manifest in many evolving forms including, but not limited to: physical, verbal, and visual, whether in person or online in any format.
   • Jurisdiction
     • Walsh has a compelling obligation to address allegations and suspected instances of Sexual Harassment when it has Actual Knowledge that this policy has been violated. Walsh must inform the Respondent of the allegations and may take any further action it deems appropriate, including pursuing an investigation even in cases when the Complainant is reluctant to proceed. The Complainant will be notified in advance when such action is necessary.
     • Walsh’s disciplinary response may be limited if the Respondent is a visitor or other third-party or is not subject to Walsh’s jurisdiction.
   • Location
     • This policy applies to alleged Sexual Harassment that takes place in a Walsh’s educational program or activity, against a person in the United States. This includes locations, events, or circumstances over which Walsh exercised significant control over both the Respondent and the context in which the Sexual Harassment occurred.
     • This policy also applies to alleged Sexual Harassment that occurs off-campus, including virtual spaces over which Walsh exercises significant control, or in any building owned or controlled by a student organization that is officially recognized by Walsh.
     • In situations not covered above, but where the Sexual Harassment undermines the security of Walsh Community or the integrity of the educational process or poses a serious threat to self or others, other applicable Walsh procedures for general misconduct may be applied.
   • This policy is not intended for, and will not be used to, infringe on academic freedom or to censor or punish members of the Walsh Community who exercise their legitimate First Amendment rights (as applicable).
   • Policy Maintenance
     • This policy is managed by the Title IX Coordinator.
     • This policy and the associated procedures will be revised by the Vice President, Chief Human Resources, Human Resources and Administrative Officer, or designees, as appropriate.

Members of the Walsh Community impacted by Sexual Harassment are encouraged to use counseling and support services, listed in the Resources section.

Employees With Authority to Institute Corrective Measures

1. Walsh designates certain employees who have the authority to institute corrective measures on its behalf. Under this policy, their knowledge of Sexual Harassment conveys Actual Knowledge to Walsh.
2. The following employees have been designated by Walsh as having the authority to initiate corrective measure on its behalf:
   1. Title IX Coordinator
   2. President & CEO
   3. Chief Operating officer
   4. Chief Academic officer
   5. Director of HR and People Operations
3. When one of the above employees learns of alleged sexual harassment, that employee should contact a Title IX Coordinator as soon as possible.
4. Employees may have additional reporting obligations provided by law and/or other Walsh policies.
5. Corrective action may be taken against any individual who has a duty to report and who fails to respond in a manner consistent with the provisions of applicable laws, regulations, policies, and procedures.

Employee Duty to Report

All Walsh employees have reporting responsibilities to ensure the institution can take appropriate action.

1. All Walsh employees, except those exempted by legal privilege of confidentiality or expressly identified as a confidential reporter, have an obligation to report incidents of Sexual Assault. Any employee who receives a disclosure of Sexual Assault or becomes aware of information that would lead a reasonable person to believe that a Sexual Assault may have occurred involving anyone covered under this policy, must report all known information immediately.
2. In addition to the requirement of reporting incidents of Sexual Assault, the following members of the Walsh Community have an additional obligation to report all other incidents of Sexual Harassment, when they receive a disclosure of Sexual Harassment or become aware of information that would lead a reasonable person to believe that Sexual Harassment may have occurred involving anyone covered under this policy. These individuals must report the incident within five workdays of becoming aware of such information:
   1. Executive officers;
   2. Assistant/associate vice presidents, department directors, department academic chairs (including those serving in assistant or associate roles);
   3. Supervisors who have hiring or firing authority over at least three employees who are not Student or post-doc employees;
   4. Faculty and staff members who serve as advisors to Walsh-recognized Student groups;
   5. Campus Security Authorities designed by Walsh under the Clery Act not otherwise specified in this provision; and
   6. Individuals serving in any of the positions described above on an acting or interim basis.
3. Employees are not required to report disclosures of information regarding Sexual Harassment pursuant to this policy in the following circumstances, unless an individual covered under this policy is implicated or the individual is explicitly seeking assistance from Walsh:
   1. At public survivor support events including, but not limited to: “Take Back the Night,” candlelight vigils, protests, and survivor speak-outs;
   2. During an individual’s participation as a subject in a Walsh approved human subjects research protocol.
4. Employees with a duty to report should refer to the chart in Reporting Allegations of Sexual Harassment. Contacting the Title IX Coordinator to share all known information will satisfy the employee duty to report.
5. Employees may have additional reporting obligations provided by law and/or other Walsh policies.
6. The following categories of employees are exempt from the duty to report Sexual Assault and other Sexual Harassment, due to their legal or professional privilege of confidentiality or their designation by Walsh as a confidential reporter:
   1. Professional counselors, defined as a person whose official responsibilities include providing mental health counseling to members of the Walsh Community and who is functioning within the scope of that license or certification and their Walsh employment. This definition applies even to professional counselors who are not employees of Walsh but are under contract to provide counseling at Walsh.
   2. Other employees with a professional license requiring confidentiality who are functioning within the scope of that license or certification and their Walsh employment.
      • For example, a physician with a dual appointment as a clinician and professor would be required to report instances of Sexual Harassment of which they become aware in the scope of their employment as a professor, but must keep such information confidential and privileged if learned in the scope of their duties as a physician unless there is a mandatory reporting requirement under state law.
7. Corrective action may be taken against any individual who has a duty to report and who fails to respond in a manner consistent with the provisions of applicable laws, regulations, policies, and procedures.

Reporting Allegations of Sexual Harassment

1. Any person may report sexual harassment. By way example, this includes:
   • Students
   • Employees
   • Parents
   • Any Walsh Community member or other individual who is directly involved in, observes, or reasonably believes that Sexual Harassment may have occurred.
2. Reports can be made to the Title IX Coordinator in the following ways:
   • In-Person: Jaclyn Pummill, Title IX Coordinator, 3838 Livernois Rd., Troy, MI  48083
   • Mail: Jaclyn Pummill, Title IX Coordinator, 3838 Livernois Rd., Troy, MI  48083
   • Phone: (248) 823-1239 (Jaclyn Pummill)
   • Email: Jpummill@walshcollege.edu
3. Making a report to Walsh does not preclude the individual from filing a report of a crime with law enforcement nor does it extend time limits that may apply in criminal processes. Filing a report with law enforcement is not a prerequisite of making a report with Walsh. However, individuals may request assistance from the Title IX Coordinator or designee to notify law enforcement.

Confidentiality and Privacy

1. Walsh recognizes the importance of confidentiality and privacy. See the Resources section for a list of confidential support, non-confidential support, and medical resources. Information received in connection with the reporting, investigation, and resolution of allegations will be treated as private and will only involve individuals whom Walsh determines are necessary to conduct an appropriate investigation, to provide assistance and resources to parties, to perform other appropriate Walsh functions, or when Walsh is required to provide information under the law.
2. If an incident is disclosed or reported to Walsh and the individual requests that no investigation be conducted or disciplinary action be taken, the Title IX Coordinator or designee will explain that Walsh prohibits Retaliation and explain the steps Walsh will take to prevent and respond to Retaliation if the individual participates in a resolution process. The Title IX Coordinator or designee will evaluate the request to determine whether Walsh can honor the request while still providing a safe and nondiscriminatory environment.
3. A decision to proceed despite an individual’s request will be made on a case-by-case basis after an individualized review, and the Complainant will be notified if such a decision is made. If Walsh proceeds with an investigation, the Complainant is under no obligation to proceed as a part of the investigation.
4. All individuals involved in the process should observe the same standard of discretion and respect for everyone involved in the process.

Retaliation

1. Retaliation is prohibited by Walsh policy and law. Walsh will not tolerate Retaliation in any form against any individual who makes an allegation, files a report, serves as a witness, assists a Complainant, or participates in an investigation of discrimination or harassment.
2. Retaliation is a serious violation that can subject the offender to discipline, up to and including termination of employment and/or suspension or dismissal of a Student, independent of the merits of the underlying allegation.
3. Allegations of Retaliation should be reported to the Title IX Coordinator.

Investigation and Resolution Options

1. Initial Assessment
   • Walsh reviews all reports of Sexual Harassment under this policy under the direction of the Title IX Coordinator or designee for an initial assessment of the reported information. The available resolution options will be guided by the availability of information or evidence suggesting that a policy violation may have occurred; Walsh’s obligation to investigate and provide appropriate remedies to eliminate, prevent, and address the effects of the prohibited conduct; and the desire of the Complainant to participate in an investigation or other resolution.
   • Upon completion of an initial assessment, the Title IX Coordinator or designee will determine the available options for resolution and will communicate the options to the parties.
2. Informal Resolution
   • Informal resolution may be utilized in some circumstances if Walsh deems appropriate and both parties agree to it.
3. Investigative Resolution
   • Walsh, under the direction of the Title IX Coordinator, may resolve a report of Sexual Harassment through investigative resolution when the alleged Sexual Harassment, if true, would be prohibited under applicable Walsh policy. In instances when informal resolution is inappropriate, when the party requests, or when Walsh requires formal investigation, Walsh will consider the concerns and rights of all parties and provide a prompt, fair, impartial, and equitable process.

Remedies

1. 1. When Walsh makes a finding of a policy violation, it will take steps, whether individual or systemic, to stop the alleged Sexual Harassment, prevent its recurrence, and remedy the discriminatory effects on the Complainant and others, as appropriate.
   2. Corrective Actions/Sanctions
      • When the Respondent is a Student, potential sanctions include formal reprimand, disciplinary probation, suspension, dismissal, and other appropriate educational sanctions.
      • When the Respondent is an employee, corrective actions may be taken pursuant to Walsh’s applicable policies relating to employees and faculty. Disciplinary corrective actions include coaching, development plans, reduction in supervisory duties and leadership responsibilities, changes in salary, termination, and other appropriate corrective actions.
      • Student employees may be subject to corrective action and sanctions under Student and/or employee policies depending on the nature of the case. For instance, a Student employee who is dismissed from Walsh may also be subject to termination or other corrective actions.
      • During the period of any investigation a Respondent can be put on administrative leave if they are an employee of Walsh. If the Respondent is a Student of Walsh, they may be removed from educational activities following an individualized safety and risk analysis determines that the Respondent poses an imminent threat to the physical health or safety of anyone due to the allegations made. If a Student is removed from educational activities in this way, they have the right to challenge the determination of the safety and risk analysis.
      • The Title IX Coordinator or designee will coordinate the provision of interim supportive measures. Parties will not be required to arrange such measures by themselves but may need to participate in communication with supervisors, faculty, and other Walsh employees with a need to know.
      • Walsh will maintain as confidential any supportive measures provided to the Complainant or Respondent to the extent that maintaining such confidentiality would not impair the ability of Walsh to provide the supportive measures.
   3. Any corrective actions or sanctions will not take effect until any appeals have been completed.
   4. Interim Supportive Measures
      • Supportive measures will be made available to both the Complainant and Respondent whether or not a Formal Complaint is filed to ensure equal access to Walsh’s education and employment programs and activities. The Title IX Coordinator or designee will conduct an individualized assessment and will review requests from Complainant and Respondent to determine supportive measures that are appropriate and reasonably available at no cost to the Complainant or Respondent. Supportive measures may include, but are not limited to:
        • No contact directives;
        • Referral to campus and community resources for victim advocacy, counseling, health services, legal assistance, immigration assistance, disability services;
        • Academic support including extensions of time and other course-related adjustments;
        • Modification of work or class schedules;
        • Change in work locations;
        • Change in reporting relationship;
        • Consideration of leave requests; and
        • Assistance with academic petitions.
   5. Other Remedial Measures
      • When Walsh is unable to proceed with investigative resolution, such as lack of information in the report or request by the Complainant that an investigation not move forward, Walsh may take other remedial measures as appropriate to remedy the effects of the alleged Sexual Harassment and/or prevent its recurrence. Remedial measures may also be implemented when it is determined that inappropriate behavior occurred, but that the behavior did not rise to the level of a policy violation.
      • Remedial measures may include and are not limited to:
        • Providing training on Sexual Harassment;
        • Increasing security in a designated space;
        • Changing policy or procedure; and
        • Conducting climate checks.

It is a violation of this policy for anyone to make a false allegation of Sexual Harassment in bad faith. Corrective actions or sanctions may be imposed on individuals who in bad faith make false allegations of Sexual Harassment.

The absence of a finding of a policy violation is not equivalent to finding that the Complainant acted in bad faith.

Process Abuse

1. No member of the Walsh Community may:
   • Obstruct, prohibit, exert improper influence over, or interfere with any individual making a report, participating in a process, or carrying out a responsibility covered by this policy;
   • Make, in bad faith, materially false statements in or related to a process covered by this policy;
   • Disrupt or interfere with the orderly conduct of any proceeding conducted under this policy; or
   • Fail to comply with any directive, sanction, or corrective action issued pursuant to this policy.
2. Walsh conducts ongoing prevention, awareness and training programs for employees and students to facilitate the goals of this policy.

Procedure

1. Initial Assessment
2. Dismissal of a Complaint
3. Appeals Process
   1. Upon receiving a report, the Title IX Coordinator will provide information to the Complainant on the availability of supportive measures, the right to file a Formal Complaint, and how to file a Formal Complaint.
   2. Under direction of the Title IX Coordinator, all reports of Sexual Harassment are reviewed for an initial assessment of the reported information. Available resolution options will be guided by the availability of information and evidence suggesting that a policy violation may have occurred; Walsh’s obligation to investigate and provide appropriate remedies to eliminate, prevent, and address the effects of the prohibited conduct; and the availability or desire of the Complainant to participate in an investigation or other resolution.
   3. Upon completion of an initial assessment, the Title IX Coordinator or designee will determine the available options for resolution and will communicate these options to the parties.
   4. If the Complainant or Walsh elects to file a Formal Complaint, the Title IX Coordinator will provide written notice to the Respondent within ten days including:
      1. The actual allegations of facts that constitute Sexual Harassment and any evidence that supports this;
      2. That there is a presumption of innocence in their favor;
      3. That all parties are entitled to an advisor of their choice;
      4. That all parties can inspect and review evidence; and,
      5. Information regarding any code of conduct provisions that prohibit false statements made in bad faith.
   5. In the event that prior to, or in the course of, an investigation, Walsh determines that the allegations fail to meet the definition of Sexual Harassment or did not occur while in the United States and under Walsh’s educational program or activity, the investigation and Formal Complaint shall be dismissed. Formal Complaints may still be resolved through an informal resolution process as outlined above or according to procedures set forth in the Student Code of Conduct.
   6. Walsh also reserves the right to dismiss the Formal Complaint and stop the investigation if:
      1. The Complainant notifies the Title IX Coordinator in writing that they wish to withdraw their Formal Complaint;
      2. The Respondent is no longer enrolled in or employed by Walsh; or
      3. Specific circumstances prevent the school from gathering sufficient evidence to reach a determination about allegations (e.g. lack of participation in the investigative process by parties or witnesses).
   7. If Walsh dismisses the Formal Complaint for any reason, either party may appeal the decision as outlined in this policy’s appeals process.

Informal Resolution

1. Informal resolution may be utilized in some circumstances if a Formal Complaint is filed.
2. The usage of an informal resolution process is limited in a number of ways:
   1. Informal resolution is unavailable if the Respondent is an employee of the school.
   2. Informal resolution may only be used if any and all parties to an investigation agree to it.
3. In all cases, Walsh will inform the parties of the right to end the informal resolution process at any time. If a party chooses to end the informal resolution process, Walsh will inform the Complainant of options, including the option to begin the investigative resolution process.
4. Walsh will provide a facilitator, mediator, or decision-maker that is free from conflicts of interest and has received training under Title IX in order to facilitate resolution of the Formal Complaint.
5. Informal resolution can take any form that the parties agree upon. The Title IX Coordinator or designee will work with the parties to develop a form of resolution that adequately resolves the needs of the parties. This may include:
   1. Facilitated Dialogue: A structured and facilitated conversation between two or more individuals, including, but not limited to the Complainant and the Respondent, which allows for voices to be heard and perspectives to be shared. Depending on stated interests, participants may work towards the development of a shared agreement.
   2. Shuttle Mediation: An indirect version of the facilitated dialogue.
   3. Circle of Accountability: A facilitated interaction between the Respondent and Walsh faculty and/or staff designed to provide accountability, structured support, and the creation of an educational plan.
6. Depending on the form chosen, it may be possible for a Complainant to maintain anonymity throughout the informal resolution process.
7. As part of the resolution process, additional measures (including, but not limited to educational programming, training, regular meetings with an appropriate Walsh individual or resource, extensions of no contact orders, or counseling sessions) may be agreed upon.

Formal Resolution & Hearings

1. Under the direction of the Title IX Coordinator, Walsh may resolve a report of Sexual Harassment through its formal resolution process when the alleged Sexual Harassment, if true, would be prohibited under applicable Walsh policy. In instances when informal resolution is inappropriate, when any party requests, or when Walsh requires formal investigation, Walsh will consider the concerns and rights of all parties and provide a prompt, fair, impartial, and equitable process.
2. Investigation
   1. Following the filing of a Formal Complaint, an Investigator will be assigned to the case by the Title IX Coordinator. During the investigation, the Investigator will seek to meet separately with the Complainant, Respondent, and any relevant witnesses who may have information relevant to the incident. The Investigator may also gather or request other relevant information or evidence when available and appropriate. Both the Complainant and Respondent will be asked to identify witnesses and provide other relevant information in a timely manner to facilitate prompt resolution of the case. All investigations are conducted by an individual trained on Title IX.
   2. Although both the Complainant and Respondent are advised to participate in the investigation process to enable a fair and equitable resolution to any case, neither the Complainant nor the Respondent are required to participate in the investigation process.
   3. Formal Complaints of sexual harassment may be consolidated were the allegations arise out of the same facts or circumstances.
   4. During the investigation process, parties have an equitable right to:
      • Receive notice of the allegations before participating in an interview with sufficient time to prepare for meaningful participation;
      • A process with reasonably prompt timeframes, with extensions for good cause, as described in the Procedure section below;
      • Present relevant information to the Investigator, including evidence and witnesses;
      • Receive timely and equal access to any relevant information, documentation, and evidence gathered during the investigation;
      • Have an advisor of their choosing, or through appointment by Walsh, including an attorney, advocate, or other support person who is not a potential witness in the investigation or could otherwise compromise the investigation, who provides support throughout the formal resolution process, including being present for any meetings or hearings; and
      • Investigators who are adequately trained to resolve cases of alleged Sexual Harassment, are familiar with applicable policies and procedures, and who do not have a conflict of interest or bias for or against either party.
   5. Walsh must provide a written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings to all parties whose participation is invited or expected with sufficient time for the party to prepare to participate.
   6. Walsh will not restrict the ability of a Complainant or Respondent to discuss the allegations under investigation or to gather and present relevant evidence.
   7. Credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness.
   8. Following the completion of the investigation, the Investigator will complete an investigative report on the allegations contained in the Formal Complaint. Before the report is finalized, the Investigator will send to each party and their advisors an electronic or hard copy of all evidence that is directly related to the allegations. Walsh must include all evidence directly related to the allegations, even if the investigator does not intend to rely on that evidence in making a determination of responsibility.
   9. The parties then have at least ten days to provide a written response, which the Investigator will consider before finalizing the investigative report. The finalized report is then circulated for no less than ten days before a hearing is held.
   10. If, at any point during the hearing, the Decision Maker(s) determines that unresolved issues exist that could be clarified through additional investigation time, the Decision Maker(s) may suspend the hearing and reconvene it in a timely manner that accommodates further investigation.
   11. Hearings may be conducted virtually through the use of technology at Walsh’s discretion.However, if either the Complainant or Respondent asks to be in separate rooms, Walsh must grant this request and provide appropriate technology to allow for simultaneous participation.
   12. All hearings will be memorialized through an audio or audiovisual record or transcript of the live hearing.The recording or transcript will be made available for parties to inspect and review following their completion.
   13. If the Respondent is found responsible for violating this policy, the Decision Maker will consult with the individual appropriate to the circumstances, in order to determine the corrective actions and/or sanctions to resolve the case. Any such corrective actions and/or sanctions will be outlined in the Decision Maker(s)’s written decision.
3. Hearings
   1. All hearings are overseen by a Decision Maker(s). All Decision Maker(s) have received special training on how to be impartial and are assigned to cases by the Title IX Coordinator to avoid any bias and present an objective analysis of the evidence. In no case is the Investigator for a given case also the Decision Maker(s).
   2. The Respondent is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the end of the investigation and hearings.
   3. The Decision Maker(s) will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding the privilege has waived it.
   4. Credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness.
   5. Hearings are not legal proceedings and do not follow courtroom procedure or the formal rules of evidence. During any hearings, each party must have an advisor present to ask questions to the other party. This advisor does not need to be licensed to practice law and may be a person of the party’s choice or, if they do not have an advisor, Walsh will provide an advisor for them.
   6. Questioning & Cross-Examinations
      • The Decision Maker(s) may question individual parties and witnesses.
      • Parties will have the opportunity to cross-examine the party or witness. Parties may never ask questions directly, and questions must be asked to the other party through the use of a party’s advisor. All questions asked must be relevant. Any questions determined not to be relevant by the Decision Maker(s) are not required to be answered.
      • If a party or witness is absent from the live hearing or refuses to answer cross-examination or other questions, the Decision Maker(s) may not rely on any statement of that person in reaching a determination of responsibility. The Decision Maker(s) may not draw an inference about the determination regarding responsibility based solely on a party’s or witness’ absence from the live hearing or refusal to answer cross-examination or other questions.
4. Resolution
   1. The Decision Maker(s) will communicate his or her decision to both parties, concurrently. The Decision Maker(s) will communicate the decision in writing and orally as soon as possible after the hearing. In all cases, the Decision Maker(s) will send the parties a final outcome letter within ten days of the conclusion of the hearing.
   2. The Decision Maker(s) bases all conclusions by examining all evidence from the investigation and the hearing. Their conclusion is based on the Preponderance of the Evidence standard:If the evidence indicates that it is more likely than not that Respondent committed the alleged act(s), then Respondent will be found responsible for violating this policy.
   3. The Decision Maker(s)’s written decision must include the following information:
      1. Identification of the allegations potentially constituting Sexual Harassment;
      2. A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
      3. Findings of fact supporting the determination;
      4. Conclusions regarding the application of Walsh’s code of conduct to the fact;
      5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctioned imposed upon the Respondent, and whether remedies designed to restore or preserve equal access to Walsh’s education program or activity will be provided; and
      6. The procedures and permissible bases for either party to appeal.
   4. If either party disagrees with the outcome of the Decision Maker(s)’s determination, they may file a written appeal with the Title IX Coordinator within ten days of receiving the Decision Maker(s)’s written decision.
   5. Appeals may be filed due to
      1. A procedural irregularity that affected the outcome.
      2. New evidence being discovered that was not reasonably available at the time of the determination or dismissal.
      3. A conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter of the Investigator or investigator(s), or decision-maker(s).
   6. The Appeal Decision Maker will examine all evidence in order to determine if the appeal has merit. The Appeal Decision Maker will make an unbiased objective conclusion as to the appeal’s merit and issue a written decision describing the result of the appeal and the rationale for the result; and will provide the written decision simultaneously to both parties.(The Appeal Decision Maker will be appointed by the Title IX Coordinator, but will not be the Title IX Coordinator, the investigator who handled the investigation or the hearing decision maker(s).

Recordkeeping

1. Walsh shall maintain all records relating to Formal Complaints of Sexual Harassment, as well as all training materials used under this Policy, for seven years.

Campus Sexual Assault Policy – Rape, Acquaintance Rape, Campus Domestic Violence, Dating Violence, Sexual Assault and Stalking

As noted in the Title IX Sexual Harassment policy above, Walsh is committed to providing a secure environment for its students.  Michigan law and Walsh prohibits the offenses of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking.  Prevention of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking is a high priority for Walsh’s response to safety issues at its locations.

Safety Tips

The following are some strategies to reduce one’s risk of sexual assault. (Source: Rape, Abuse, & Incest National Network, www.rainn.org.)

• Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation.
• Try to avoid isolated areas. It is more difficult to get help if no one is around.
• Walk with purpose. Even if you don’t know where you are going, act like you do.
• Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be.
• Try not to load yourself down with packages or bags as this can make you appear more vulnerable.
• Make sure your cell phone is with you and charged and that you have cab money.
• Don’t allow yourself to be isolated with someone you don’t trust or someone you don’t know.
• Avoid putting headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.
• When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation.
• Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.).
• Don’t leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, just get a new one.
• Don’t accept drinks from people you don’t know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from the punch bowls or other large, common open containers.
• Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they’ve had, or is acting out of character, get him or her to a safe place immediately.
• If you suspect you or a friend has been drugged, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others).

If you need to get out of an uncomfortable or scary situation here are some things that you can try:

• Remember that being in this situation is not your fault. You did not do anything wrong, it is the person who is making you uncomfortable that is to blame.
• Be true to yourself. Don’t feel obligated to do anything you don’t want to do. “I don’t want to” is always a good enough reason. Do what feels right to you and what you are comfortable with.
• Have a code word with your friends or family so that if you don’t feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave.
• Lie. If you don’t want to hurt the person’s feelings it is better to lie and make up a reason to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else that you need to be, etc.
• Try to think of an escape route. How would you try to get out of the room? Where are the doors? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby?
• If you and/or the other person have been drinking, you can say that you would rather wait until you both have your full judgment before doing anything you may regret later.

Education

Walsh can provide individual referrals for students and staff to be informed about rape awareness, acquaintance rape, and other sex offenses, including sexual assault, domestic violence, dating violence, or stalking through the Admissions and Advising Office.

Numerous education programs to promote awareness of these offenses are offered to students, employees, and the community by the Troy Police Department (248-524-3443),  the Oakland Country Sheriff’s Department (248-858-5000), The Women Center at Oakland Community College (248-522-3642) the Macomb Community College Police Department (586-286-2298), Turning Point Macomb (586-463-6990), Haven Oakland County (877-922-1274), and Safe House Center Ann Arbor (734-995-5444).

Bystander Intervention

Bystander intervention is very important in the prevention of sexual and relationship violence. Bystanders are individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it. The following are some strategies for bystander intervention. (Source: Rape, Abuse, & Incest National Network, www.rainn.org).

There are many things men and women can do to help prevent sexual violence.

If you see someone in danger of being assaulted:

• Step in and offer assistance. Ask if the person needs help. NOTE: Before stepping in, make sure to evaluate the risk. If it means putting yourself in danger, call 911 instead.
• Don’t leave. If you remain at the scene and are a witness, the perpetrator is less likely to do anything.
• If you know the perpetrator, tell the person you do not approve of their actions. Ask the person to leave the potential victim alone.

Be an ally:

• When you go to a party, go with a group of friends. Arrive together, check in with each other frequently and leave together.
• Have a buddy system. Don’t be afraid to let a friend know if you are worried about her/his safety.
• If you see someone who is intoxicated, offer to call a cab.

If someone you know has been assaulted:

• Listen. Be there. Don’t be judgmental.
• Be patient. Remember, it will take your friend some time to deal with the crime.
• Help to empower your friend or family member. Sexual assault is a crime that takes away an individual’s power, it is important not to compound this experience by putting pressure on your friend or family member to do things that they are not ready to do yet.
• Encourage your friend to report the rape to law enforcement (call 911 in most areas).  If your friend has questions about the criminal justice process, talking with someone on the National Sexual Assault Hotline, 1-800-656-HOPE can help.
• Let your friend know that professional help is available through the National Sexual Assault Hotline, 1-800-656- HOPE and the National Sexual Assault Online Hotline.
• If your friend is willing to seek medical attention or report the assault, offer to accompany them wherever they need to go (hospital, police station, campus security, etc.)
• Encourage him or her to contact on of the hotlines, but realize that only your friend can make the decision to get help.

Warning Signs of Abusive Behavior

Domestic violence, dating violence, and/or sexual assault can happen to anyone. Perpetrators of physical abuse use power and control over their victims. The following are a few warning signs of abusive behavior (taken from Rape, Abuse, & Incest National Network, www.rainn.org).

• Controlling behavior
• Act possessive or jealous
• Use emotional abuse
• Does not trust their significant other and constantly checks up on them (e.g. reads text messages, checks their email and phone calls)

Although not all victims of physical abuse act the same some common signs exhibited are as follows:

• Will not look you in the eye
• Low self-esteem; if they use to be confident
• Always aware of their surroundings (e.g. knows where the perpetrator is at all times)
• Personality changes There are no clear cut ways to prevent sexual assault and even though there are occasionally warning signs you may not recognize these warning signs and it’s important to remember sexual assault is never your fault. No perpetrator of sexual assault is the same but some techniques utilized in social settings in an attempt to isolate an individual are as follows:
  1. Attempts to continuously offer alcoholic drinks to a person
  2. Overly nice in an attempt to isolate (e.g. offers to walk you home, or escort you to the restroom, etc.)
  3. Crossing your boundaries
  4. Doesn’t listen to your opinions

Procedures for Reporting Student Misconduct

Nonacademic misconduct, including sexual harassment and sexual assault, must be reported to the staff as outlined previously. If the police are required they will be informed and included in any follow-up. If internal measures are deemed necessary the Title IX Coordinator will be informed to make a decision on immediate disciplinary action or possible referral to the Student Conduct and Appeals Committee. Non-academic violations of the student conduct policy as outlined in the student handbook will be referred to the Behavioral Assessment Team for further action.  Any Walsh employee, student or guest may institute charges against another individual regarding the violation of College regulations.  Walsh’s President or delegate, will have final authority regarding disciplinary action which may range from a warning to expulsion from Walsh.

Information Programs

An informational program will be included at each new student orientation program at the beginning of each semester. This will include an overview of Campus Safety and Security policies and procedures, encouragement to take responsibility for the safety of self and others and where further information is available.

Substance Abuse Policy

Walsh will support activities and requirements of the Drug Free Schools and Communities Act. It is a violation of Walsh policy for students, employees, or visitors to engage in the unlawful manufacture, distribution, possession, or use of a controlled substance on Walsh property.  Walsh policy prohibits illegal use of alcohol at a location.  Students in violation of these policies may face disciplinary action, including dismissal from the institution and/or appropriate criminal charges. Employees who are convicted of any criminal drug statute may be subject to disciplinary action up to and including termination of employment and/or be required to satisfactorily complete an approved drug abuse program at the employee’s expense.  Walsh will provide information regarding the dangers of drug abuse and referrals for assistance programs.

Policy Regarding Timely Warnings

In the event that a Clery Act crime occurs, either on or off campus, that may constitute an ongoing on continuing threat to the Walsh community, an institution wide timely warning will be issued.  The warning will be issued by providing a link to the City of Troy Crime Alert web page from the Walsh website as they become available and/or by posting notification of the threat for the appropriate amount of time in areas around the location(s) impacted. Anyone with information warranting a timely warning should report the circumstances to the Assistant Vice President Facilities, or Assistant Director of Facilities, or his/her designate is responsible for issuing warnings at a location.

City of Troy Crime Alert

www.troymi.gov/Police

DRUG AND ALCOHOL ABUSE PREVENTION PROGRAM

Walsh College is committed to promoting a healthy and safe learning and work environment in which students and employees can thrive as they pursue their educational and career goals. Additionally, the Drug and Alcohol Abuse Prevention Program (DAAPP) helps ensure Walsh College remains compliant with the federal consumer information disclosure requirements.

The purpose of this program is to educate the Walsh College community about the standards of conduct; associated federal, state, and institutional sanctions; health risks; and prevention, counseling, treatment, and rehabilitation services associated with student and employee abuse of drugs and alcohol.

STANDARDS OF CONDUCT

Walsh College will support activities and requirements of the Drug Free Schools and Communities Act. It is a violation of Walsh policy for students, employees, or visitors to engage in the unlawful manufacture, distribution, possession, or use of a controlled substance on Walsh property. Walsh policy prohibits illegal use of alcohol on Walsh Property.

The prohibition against the manufacture, distribution, possession, or use of a controlled substance includes cannabis. While cannabis use for medicinal or recreational purposes is not currently illegal under Michigan state law, cannabis remains a schedule 1 controlled substance under Federal law and, as such, its manufacture, distribution, possession or use at Walsh is prohibited.

WALSH COLLEGE SANCTIONS FOR VIOLATIONS OF THE STANDARDS OF CONDUCT

Students in violation of these policies may face disciplinary action, including dismissal from the institution and/or appropriate criminal charges. Employees who are convicted of any criminal drug statute may be subject to disciplinary action up to and including termination of employment and/or be required to satisfactorily complete an approved drug abuse program at the employee’s expense.

See also:

Walsh College Substance Abuse Policy

Walsh College Tobacco, Smoke and Vape Free Policy

SANCTIONS UNDER FEDERAL, STATE, AND LOCAL LAW

Violations of laws and ordinances relating to drugs and alcohol also may result in misdemeanor or felony convictions accompanied by the imposition of legal sanctions, which include, but are not limited to, the following:

• Fines as determined under federal, state, and local laws;
• Imprisonment, including up to life imprisonment, for possession or trafficking in controlled narcotics;
• Forfeiture of personal and real property;
• Loss of driving privileges;
• Required attendance at substance abuse education or treatment programs

Federal Drug Sanctions

A full description of federal sanctions for drug offences can be found at: https://www.dea.gov/.

Federal Trafficking Penalties

Michigan Drug and Alcohol Sanctions 

Under Michigan law, it is illegal for anyone under the age of 21 to purchase, consume or possess, or have any bodily content of alcohol. The following summarizes some of the potential legal consequences for violating state law.

• A first-time conviction for possession or use of alcohol as a minor may result in a fine, substance abuse education and treatment, community service and court-ordered drug screenings. 1st Offense Civil infraction/$100 fine 2nd Offense 30-day misdemeanor/$200 or both 3rd Offense or more 60-day misdemeanor/$500 or both
• There also is a provision for possible imprisonment or probation for a second or subsequent offense.
• The use of false identification by minors in obtaining alcohol is punishable with a fine, loss of driver’s license, probation, and community service.
• Individuals can be arrested and/or convicted of operating a vehicle while intoxicated with a blood alcohol concentration (BAC) level at .08 or higher. If a student is under 21, there is a “zero tolerance” law in the state of Michigan, and any blood alcohol level of .01 or higher can lead to a minor in possession (MIP) citation as well as being cited for operating a vehicle while intoxicated, if applicable. This is in addition to the suspension of driving privileges in the State of Michigan.

Michigan Underage Drinking Penalties

Michigan Impaired Driving Law and Penalties

Michigan Controlled Substance Offences and Penalties

Local Sanctions

Oakland County Ordinance Search

HEALTH RISKS ASSOCIATED WITH SUBSTANCE ABUSE

Considerable health risks are associated with substance and alcohol abuse. Substance abuse dramatically impairs student and employee performance, contributes to absenteeism, and presents safety risks for the abusing individual and others in the College community. The following are general descriptions of some of the health risks associated with substance abuse.

ALCOHOL Loss of concentration and judgment; slowed reflexes; disorientation leading to higher risk of accidents and problem behavior; risk of liver and heart damage, malnutrition, cancer, and other illnesses; can be highly addictive to some people.

AMPHETAMINES Can cause rushed, careless behavior and pushing beyond your physical capacity, leading to exhaustion; tolerance increases rapidly; causes physical and psychological dependence; withdrawal can result in depression and suicide; continued high doses can cause heart problems, infections, malnutrition, and death.

CANNABIS Can cause permanent damage to lungs, reproductive organs, and brain function; slows reflexes; increases forgetfulness; alters judgment of space and distance.

COCAINE Causes damage to respiratory and immune systems; induces malnutrition, seizures, and loss of brain function. Some forms (such as “crack”) are highly addictive.

HALLUCINOGENS (PCP, LSD, ecstasy) Cause extreme distortions of what’s seen and heard; induces sudden changes in behavior, loss of concentration and memory; increases risk of birth defects in user’s children; overdose can cause psychosis, convulsions, coma, and death. Frequent use can cause permanent loss of mental function.

INHALANTS (nitrous oxide, amyl nitrite, butyl nitrite, chlorohydrocarbons, hydrocarbons) Cause nausea, dizziness, fatigue, slurred speech, hallucinations, or delusions; may lead to rapid and irregular heart rhythms, heart failure and death; long-term use may result in loss of feeling, hearing, and vision; can result in permanent damage to the brain, heart, lungs, liver, and kidneys.

NARCOTICS Highly addictive; tolerance increases rapidly; causes physical and psychological dependence; overdose can cause coma, convulsions, respiratory arrest, and death; leads to malnutrition, infection, and hepatitis. Sharing needles is a leading cause of the spread of HIV and hepatitis.

SEDATIVES Tolerance increases rapidly; produces physical and psychological dependence; cause reduced reaction time and confusion; overdoses can cause coma, respiratory arrest, convulsions, and death; withdrawal can be dangerous; in combination with other controlled substances can quickly cause coma and death.

Know the Risks of Using Drugs

Know the Risks of Using Marijuana

Know the Risks of Using Meth

Get Smart About Drugs

COUNSELING, TREATMENT, AND REHABILITATION PROGRAMS AVAILABLE

Students – Walsh College offers referral services to students aimed at preventing substance abuse and assisting in rehabilitation. Interested students may contact their Academic Advisor or the Oakland County Health Division directly.

See also: Resource Referral List (under development by Academic as of 5/31/23)

Employees – Walsh College offers referral services to employees aimed at preventing substance abuse and assisting in rehabilitation. Interested employees may contact Human Resources at hr@walshcollege.edu or by phone at (248) 823-1602. All inquiries are confidential.

Additionally, employees may contact Walsh College’s Employee Assistance Program partner, UNUM, or the Oakland County Health Division directly.

For Substance Abuse Prevention see: https://www.oakgov.com/community/health/partnerships/prescription-drug-abuse-prevention

REPORTING VIOLATIONS

Violations of this policy can be reported to hr@walshcollege.edu.

ANNUAL NOTIFICATION

Walsh College regularly reminds students and employees about its Drug and Alcohol Abuse Prevention Program as part of its annual consumer information disclosure email. In addition to the email disclosure, the information is also located on the Consumer Information webpage.

BIENNIAL REVIEW

The College conducts a biennial review of this policy to 1) determine its effectiveness and implement changes as needed; and 2) determine the number of drug and alcohol-related violations and fatalities that (i) occur on campus or during College activities; and (ii) are reported to Walsh College officials. This review includes representatives from Academic Advising, Facility Operations, Financial Aid, and Human Resources and is conducted in even numbered years.