Discrimination Policy
Rochester College does not engage in unlawful discrimination based on gender, race, age, color, disability or national origin in the execution of its educational programs, activities, employment, daily operations or admission policies, in accordance with all applicable federal, state and local laws. Rochester College also prohibits domestic violence, dating violence, sexual assault, and stalking.
Sexual Misconduct Policy
Rochester College is committed to creating and maintaining an educational environment free from all forms of sex discrimination, including sexual misconduct. Any act involving sexual harassment, violence, coercion, and intimidation will not be tolerated. Specifically, Rochester College strictly prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking. These acts have a real impact on the lives of victims. They not only violate a person’s feelings of trust and safety, but they can also substantially interfere with a student’s education. It is the policy of Rochester College that, upon learning that an act of sexual misconduct has taken place, immediate action will be taken to address the situation and discipline the perpetrator. This includes working with state and local law enforcement to bring possible criminal charges and/or seeking disciplinary action through the College.
Rochester College encourages the reporting of sexual misconduct that is prompt and accurate. This allows the college community to quickly respond to allegations and offer immediate support to the victim. Rochester College is committed to protecting the confidentiality of victims, and will work closely with students who wish to obtain confidential assistance regarding an incident of sexual misconduct. Certain professionals at the College such as professionals in our Psychology Clinic and the Campus Minister are permitted by law to offer confidentiality. Those who do not maintain the privilege to offer confidentiality are expected to keep reports private to the extent permitted under the law and college policy. This means that they may have to report to college officials, but will not broadcast the information beyond what is required by law and policy. All allegations will be investigated promptly and thoroughly, and both the victim and the accused will be afforded equitable rights during the investigative process.
It is the collective responsibility of all members of the Rochester College community to foster a safe and secure campus environment. In an effort to promote this environment and prevent acts of sexual misconduct from occurring, the College engages in prevention and awareness education programs. All incoming students [and employees] are required to participate in these programs, and all members of the College community are encouraged to participate throughout the year in trainings and education focused on the prevention of sexual misconduct on campus.
This policy applies to all members of the Rochester College community, including students, faculty, staff, visitors, independent contractors, and other third parties who are on campus and involved in an incident of sexual misconduct (this can be someone who witnessed an incident or who wishes to report an incident on behalf of another).
This policy prohibits all forms of sexual misconduct. This broad term includes, but is not limited to, acts of sexual harassment, sexual violence, sexual coercion, sexual threats or intimidation, domestic violence, dating violence, sexual assault, stalking, and cyber-stalking.
This policy covers conduct that takes place on the College campus. This includes any building or property owned or controlled by Rochester College and used in direct support of, or in a manner related to, the school’s educational purposes, including residence halls, dining halls, and public property within or immediately adjacent to and accessible from campus. This policy also covers conduct that takes place off-campus that may have a partnership to the College community.
This policy covers all educational, extracurricular, athletic, or other campus programs.
Activities: This policy covers all campus and school-related activities, including, but not limited to, student organizations (academic, social club, multicultural, religious, service, social and support, sports and recreational), community organizations with student [and/or faculty] participation, and all other educational or extracurricular events hosted by or at the College.
Resources Available for Support
After an allegation that an act of sexual violence has occurred, including any act of dating violence, domestic violence, sexual assault, or stalking, the College offers students a range of protective measures.
Resources for Immediate Assistance: The information below provides contacts for trained on- and off-campus advocates and counselors who can provide an immediate confidential response in a crisis situation. Also provided are emergency numbers for off- campus safety, law enforcement, and other first responders.
- Confidential Resources: The College encourages all members of the school community to report any incidents of sexual misconduct; however, there are a few confidential resources available to students [faculty and staff] who are not yet ready to report an incident. These individuals can help a victim obtain needed resources, explain reporting options, and assist in navigating the reporting process. These resources are required by law to keep all communications confidential without an individual’s express consent to release information or as otherwise required by law.
On-Campus:
- Campus Minister, call 248.218.2114 or on campus call ext. 2114
- Psychology Clinic, call for an appointment 248.218.2122 or on campus call ext. 2122
Off-Campus:
- Haven (Oakland County) Crisis & Support 248.334.1274 or toll-free 877.922.1274 or TTY (hearing impaired) 248-334-1274
- Rape Crisis Counseling, call 800.542.5212
- Emergency Response, call 911
Campus resources such as staff and faculty including Campus Security at 248.765.8013, Assistant Dean of Community Living at 248.218.2043, Title IX Coordinator at 248.21.2043, or Student Life staff members at 248.218.2041 can listen and aide a victim in their reporting and support options. These resources are not bound by confidentiality, but will work together to maintain individual privacy.
Immediate medical attention is an option and important for a victim to consider in order to seek treatment for potential injuries sustained during an incident of sexual misconduct, preventative treatment for sexually transmitted diseases, and other health services. A medical exam is also an important way for a health provider to properly collect and preserve evidence regardless of whether the victim has made a decision to pursue charges.
Resources for Ongoing Assistance: The information below provides contacts for trained on- and off-campus advocates who can provide on-going counseling, advocacy, and support following an incidence of sexual misconduct.
- Confidential Resources: These are resources on- and off-campus where the victim may disclose confidentially with counseling, advocacy, health, mental health, or sexual-misconduct-related resources.
On-Campus:
- Psychology Clinic, call for an appointment 248.218.2122 or on campus call ext. 2122
Off-Campus:
- Haven (Oakland County) Crisis & Support 248.334.1274 or toll-free 877.922.1274 or TTY (hearing impaired) 248-334-1274
- Turning Point, Mount Clemens, MI, Crisis Line: (586) 463-6990
- First Step, Plymouth, MI, Crisis Line Toll Free: (888) 453-5900
Campus Resources: These are resources provided by the College community offering counseling and support for victims of sexual misconduct, whether or not a victim chooses to make an official report or participate in the institutional disciplinary or criminal process. These individuals can also provide ongoing support during the institutional disciplinary and criminal process.
On-Campus:
- Campus Pastor, call 248.218.2114 or on campus call ext. 2114
- Psychology Clinic, call for an appointment 248.218.2122 or on campus call ext. 2122
- Title IX Coordinator: Sharia Hays, call 248.218.2043
Academic Accommodations: The College is committed to ensuring the safety and well-being of the victim. A student who has been a victim of sexual misconduct may request an academic accommodation or change in residence after a report of sexual misconduct. Any individual who makes a request will receive an appropriate and reasonable accommodation. Possible requests include the ability to change academic schedules or student work schedules, withdraw from or retake a class without penalty, access academic support such as tutoring services, and change residence hall assignments. Pursuant to Title IX, in most cases of sexual violence or sex discrimination, the College will endeavor, to the extent practicable, to change the schedule or accommodations of the accused student prior to changing the schedule or accommodations of the victim.
Interim Measures: In situations where it is necessary, the College will take immediate steps to protect victims pending the final outcome of an investigation. These steps include the accommodations listed above in addition to issuing no contact orders. Pending resolution of the complaint, the accused may be prohibited from contacting the victim and may be placed on suspension or denied access to campus. Also, the College may change the course schedule or residence assignment of the accused.
Title IX Coordinator
The Title IX Coordinator is responsible for the College’s compliance with Title IX of the Education Amendments of 1972. In this role, the Title IX Coordinator administers the review, investigation, and resolution procedures for reports of sexual misconduct.
Reporting Policies and Procedures
Where to Report All Acts of Sexual Misconduct/Violence
Filing a complaint with the College: A student may file a written report for sexual misconduct, including sexual harassment, sexual assault, domestic violence, dating violence, sexual assault, stalking, and cyber-stalking to the following offices:
Criminal complaint:
- Emergency Services 911
- Oakland Sheriff’s Dept. 248.858.4911
Institutional complaint for sexual misconduct:
A student may file a complaint with one or more Offices, and each Office is prepared to assist the student with deciding on where complaints may be filed, if any, and the processes associated with each Office’s complaint procedures. In addition, each Office is able to refer a student for academic accommodations, housing accommodations, and support services.
Filing a Complaint with a State and/or Federal Agency:
A student who is not satisfied with the College’s handling of a complaint, may also file a complaint with federal and state agencies. Below are the agencies and their respective contact information.
Role of the Title IX Coordinator in the Complaint Process:
The Title IX Coordinator shall be notified of all sexual misconduct complaints by the College employee who took the complaint in order for the Title IX Coordinator to oversee the complaint processes and accommodations for the student.
Investigatory Procedures
- Criminal complaints: Michigan State, County Authorities or federal law will apply, and the matter will follow the criminal processes through a police investigation, a referral to the District Attorney’s Office for prosecution and the criminal court system for resolution.
- Student Disciplinary complaints: the complaint will be handled through the Discipline Procedures as outlined in College’s Student Handbook Standards of Conduct section.
- Employee Disciplinary complaints: the complaint will be handled through the Human Resources Office, in accordance with its policy and procedures for complaints against employees.
Evidentiary Standard in Institutional, Student Disciplinary and Employee Disciplinary Complaints:
Preponderance of the Evidence: the standard of proof in sexual misconduct cases, which asks whether it is “more likely than not” that the sexual misconduct occurred.
Potential Outcomes under the Procedures
Criminal Complaints: The complaint may result in criminal penalties, such as fine, community service, probation, jail sentence, registration as a sex offender with the NYS or Federal databases.
Institutional Complaints:
- Under the sexual misconduct policy, if there is a finding that a sexual misconduct may have occurred and the alleged perpetrator is:
A student, then the matter is referred to the Student Discipline process for student discipline, and the penalties may be disciplinary probation, suspension or dismissal from the residence halls, or suspension or dismissal from the College.
An employee, then the matter is referred to the Office of Human Resources for employee discipline and the penalties may include fines, formal counseling, probation, suspension with or without pay, or termination from employment.
Retaliation
The College is firmly committed to a policy that encourages timely disclosure of sexual misconduct. Any person, who, in good faith, reports sexual misconduct will be protected from retaliation, threats of retaliation, suspension or discharge from an educational opportunity or employment, or any other forms or means of discrimination because this person reported sexual misconduct.
Confidentiality and Reporting Protocol
If a crime of sexual misconduct has occurred, including dating violence, domestic violence, sexual assault, or stalking, the College encourages accurate and prompt reporting of these crimes to the Title IX Coordinator, Student Life Office, state and local police agencies. However, it can be difficult for a victim to come forward after such an event, and there are several options available for students who wish to maintain confidentiality while getting the support they need. Different employees on campus have different abilities to maintain a victim’s confidentiality:
Privileged Communications: Some employees are required to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication”.
- Professional and Pastoral Counselors: Professional, licensed counselors and pastoral counselors who provide mental-health counseling to members of the school community are not required to report any information about an incident to the Title IX coordinator without a victim’s permission. Following is the contact information for these individuals:
Dr. Gordon MacKinnon, Director of Campus Psychology Clinic, 248.218.2122
Psychology Clinic counselors and/or faculty who are licensed professional counselors
Christopher Shields II, Campus Pastor, 248.218.2114
Personally Identifying Information: Other employees that would be considered advocates for students may talk to a victim in confidence, and generally only report to the College that an incident occurred without revealing any personally identifying information. Disclosures to these employees will not trigger a College investigation into an incident against the victim’s wishes. Individuals who work as advocates can generally talk to a victim without revealing any personally identifying information about an incident to the College. A victim can seek assistance and support from these individuals without triggering a College investigation that could reveal the victim’s identity or that the victim has disclosed the incident. While maintaining a victim’s confidentiality, these individuals or their office should report the nature, date, time, and general location of an incident to the Title IX Coordinator. This limited report – which includes no information that would directly or indirectly identify the victim – helps keep the Title IX Coordinator informed of the general extent and nature of sexual violence on- and off-campus so the coordinator can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses. Before reporting any information to the Title IX Coordinator, these individuals will consult with the victim to ensure that no personally identifying details are shared with the Title IX Coordinator. A victim who speaks to a professional or non-professional counselor or advocate must understand that, if the victim wants to maintain confidentiality, the College will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the accused. Even so, these counselors and advocates will still assist the victim in receiving other necessary protection and support, such as victim advocacy, academic support or accommodations, health or mental health services, and changes to living, working or course schedules. A victim who at first requests confidentiality may later decide to file a complaint with the school or report the incident to local law enforcement, and thus have the incident fully investigated. These counselors and advocates will provide the victim with assistance if the victim wishes to do so. Following is contact information for these non-professional counselors and advocates:
Sharia Hays, Assistant Dean of Community Living, 248.218.2043
Brandon Langeland, Residence Director 248.218.2201
Responsible Employees: These employees are all other college employees including staff and faculty and are required to report all the details of an incident (including the identities of both the victim and accused) to the Title IX coordinator. A report to these employees (called “responsible employees”) constitutes a report to the College—and generally obligates the College to investigate the incident and take appropriate steps to address the situation.
- A “responsible employee” is a College employee who has the authority to redress sexual violence, who has the duty to report incidents of sexual violence or other student misconduct, or who a student could reasonably believe has this authority or duty. When a victim tells a responsible employee about an incident of sexual violence, the victim has the right to expect the College to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. A responsible employee must report to the Title IX Coordinator all relevant details about the alleged sexual violence shared by the victim and that the College will need to determine what happened – including the names of the victim and accused, any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident. To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the College’s response to the report. A responsible employee should not share information with law enforcement without the victim’s consent or unless the victim has also reported the incident to law enforcement. Before a victim reveals any information to a responsible employee, the employee should ensure that the victim understands the employee’s reporting obligations – and, if the victim wants to maintain confidentiality, direct the victim to confidential resources. If the victim wants to tell the responsible employee what happened but also maintain confidentiality, the employee should tell the victim that the College will consider the request, but cannot guarantee that the College will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the responsible employee will also inform the Coordinator of the victim’s request for confidentiality. Responsible employees will not pressure victims to request confidentiality, but will honor and support their wishes, including for the College to fully investigate an incident. By the same token, responsible employees will not pressure victims to make full reports if they are not ready.
Requesting Confidentiality
If a victim discloses an incident to a responsible employee but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the College must weigh that request against the College’s obligation to provide a safe, non-discriminatory environment for all students, including the victim. If the College honors the request for confidentiality, a victim must understand that the College’s ability to meaningfully investigate the incident and pursue disciplinary action against the accused may be limited. Although rare, there are times when the College may not be able to honor a victim’s request in order to provide a safe, non-discriminatory environment for all students. The College has designated the following individual(s) to evaluate requests for confidentiality once a responsible employee is on notice of alleged sexual violence:
Dean of Students
Provost
Requests for Confidentiality
When weighing a victim’s request for confidentiality or that no investigation or discipline be pursued, the Dean of Students and Provost will consider a range of factors, including the following:
The increased risk that the accused will commit additional acts of sexual or other violence, such as:
- whether there have been other sexual violence complaints about the same accused individual;
- whether the accused has a history of arrests or records from a prior school indicating a history of violence;
- whether the accused threatened further sexual violence or other violence ar against the victim or others;
- whether the sexual violence was committed by multiple perpetrators;
- whether the sexual violence was perpetrated with a weapon;
- whether the victim is a minor;
- whether the College possesses other means to obtain relevant evidence of the sexual violence (e.g., security cameras or personnel, physical evidence);
- whether the victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group
The presence of one or more of these factors could lead the College to investigate and, if appropriate, pursue disciplinary action. If none of these factors is present, the College will likely respect the victim’s request for confidentiality. If the College determines that it cannot maintain a victim’s confidentiality, the College will inform the victim prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the College’s response. The College will remain ever mindful of the victim’s well-being, and will take ongoing steps to protect the victim from retaliation or harm and work with the victim to create a safety plan. Retaliation against the victim, whether by students or College employees, will not be tolerated.
Crisis Services and off-campus healthcare providers will generally maintain confidentiality unless a student signs a consent or waiver form allowing the providers to disclose the report.
FERPA Family Educational Rights and Privacy Act of 1994 / §513 of PA 93-380, Educational Amendment Act, §438
In accordance with the Family Educational Rights and Privacy Act, you, as a student of Rochester College, are hereby informed of your right to access your official records described in the Act. The Act protects the privacy of your educational records, your rights to a hearing to challenge the contents of your educational records, and your right to file a formal complaint with the FERPA office if Rochester College is not in compliance.
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. Parent(s) are allowed to have access to information regarding their children 18 years of age or older provided that the child is financially dependent on the parent(s) (claimed on the parent’s federal income tax return as a dependent). Students who are not a dependent may fill out a form permitting the release of information to parent(s). Parents or students have the right to inspect the student’s educational records and have the right to request correction to records which they believe to be inaccurate or misleading (see website shown below for details).
Rochester College may release information from student education records, without consent, under the following conditions: College officials with legitimate educational interest; other colleges to which a student is transferring; specified officials for audit or evaluation purposes; appropriate parties in connection with financial aid to a student; organizations conducting certain studies for or on behalf of the College; accrediting organizations; to comply with a judicial order or lawfully issued subpoena; appropriate officials in cases of health and safety emergencies; and state and local authorities, within a juvenile justice system, pursuant to specific state law.
Directory information may be released without consent. Rochester College defines directory information as follows: name, address, telephone, weight and height (intercollegiate athletic team members only), dates of attendance, major field of study, enrollment status, date of graduation, degrees, awards, honors, and student activities. Rochester College will generally not release address or telephone information for students to outside parties except under the conditions stated above or for specially approved institutional purposes. Students must submit a written request to the Registrar’s Office if they would like the College to not disclose their directory information.
For more information regarding student FERPA rights, see www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
Campus Employment
Students interested in campus employment may contact the Human Resource Office for current job openings. The Student Portal also allows students to view openings and apply online. Students who are hired to work on campus must go to the Human Resource Office located in the Executive Office Suite in the Richardson Academic Center and complete a Federal W-4, State W-4 and I-9 (Employment Eligibility Verification).
International students must have an U.S. Social Security Number. Proof of this must be presented. No student may be paid until this regulation is accomplished.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
Commonly known as the Clery Act, this is the landmark federal law, originally known as the Campus Security Act, which requires colleges and universities across the United States to disclose information about crime on and around their campuses. An overview of the law is highlighted through the following points:
- Schools must publish an annual report disclosing campus security policies and three years worth of selected crime statistics.
- Schools must make timely warnings to the campus community about crimes that pose an ongoing threat to students and employees.
- Each institution with a police or security department must have a public crime log.
- The U.S. Department of Education centrally collects and disseminates the crime statistics.
- Campus sexual assault victims are assured of certain basic rights.
- The Department of Education can fine schools that fail to comply.
Rochester College publishes a crime report each fall and distributes it to all current students and employees. The reports are on file in Student Life.