Eastern Michigan University Student Sexual Misconduct

Eastern Michigan University is a renowned research school, and many of its students excel academically. Nonetheless, Eastern Michigan University students can be accused of engaging in inappropriate sexual conduct that violates Title IX. Even if they do not result in criminal charges, sexual misconduct allegations can irreparably damage a person’s reputation and academic and professional prospects, and they should always be taken seriously. If you are accused of sexual misconduct at Eastern Michigan University, it is wise to meet with a criminal defense attorney to discuss your options. Sam Bernstein of ArborYpsi Law is a capable Ann Arbor criminal defense lawyer with ample experience refuting Eastern Michigan University student sexual misconduct allegations. If you choose to hire him for his services he will work tirelessly to clear your name.

Eastern Michigan University’s sexual misconduct and sex-based discrimination policy bars students from engaging in “prohibited conduct,” which includes sexual assault, sexual exploitation, dating and domestic violence, stalking, and sexual and gender-based harassment. Notably, most of the aforementioned prohibited conduct is covered by Title IX, while sexual exploitation and gender-based harassment are expressly forbidden by the University. People can report prohibited conduct to the Title IX Office, if the behavior in question violates Title IX, or to the Department of Public Safety (DPS). They can also make complaints in both offices simultaneously.

Eastern Michigan University does not impose a time limit for reporting conduct that violates the policy. After a report has been made against a student, the investigation process varies depending on whether the alleged misconduct violates Title IX or falls under the umbrella of other prohibited conduct. For alleged Title IX violations, the University will employ its Sexual Misconduct and Sex-based Discrimination Grievance Process, but for other alleged behavior, it will proceed with the Office of Wellness and Community Responsibility’s Community Responsibility Process.

If a party reports sexual misconduct to the Title IX office, the University Title IX Coordinator will conduct an initial investigation, usually within one to five days. As part of the investigation, they will assess whether the person that made the report wishes to file a formal complaint, or whether a formal complaint should be instituted regardless for safety purposes. The Coordinator will then either proceed with an informal or formal grievance process. Under the policy, the University has the authority to remove a student from the school if they are believed to be an immediate threat to the health and safety of others. In such instances, the student being removed will be provided with notice. They will be allowed to meet with the coordinator within 24 hours to show cause why they should not be removed.

The Department of Public Safety is a deputized police department, and a report to DPS constitutes a criminal complaint. Additionally, DPS offices have legal authority, which means that they have the right to seek and execute warrants, collect evidence, arrest people, and help parties to seek Emergency Protective Orders. As with criminal complaints filed outside of the context of higher education, people accused of sexual misconduct in violation of school policies are protected under the State and Federal Constitutions. In other words, they have the right to be represented by an attorney, the privilege against self-incrimination, and the right against unreasonable searches and seizure.

Students faced with allegations that they committed sexual misconduct often feel overwhelmed by the repercussions, but there are often measures they can take to protect their reputation. If you are an Eastern Michigan University student accused of sexual misconduct, it is advisable to contact an attorney with the experience and resources needed to assist you throughout the investigation process. Sam Bernstein of ArborYpsi Law is a trusted Ann Arbor criminal defense lawyer who can advise you of your rights and help you pursue the most favorable outcome available in your situation. Our office is in Ann Arbor, and we represent parties in student sexual misconduct investigations and criminal matters throughout Michigan, including cities in Ann Arbor, Ypsilanti, East Lansing, Lansing, and Canton. You can contact us via our form online or by calling us at (734) 883-9584 to set up a confidential and free meeting.