Western Michigan University Title IX Policy

Western Michigan University is one of several public research institutions in the state. The University is spread over five campuses and offers nearly 250 undergraduate and graduate degree programs to its almost 17,000 students. As a public learning institution, Western Michigan University is bound by the federal civil rights law known as Title IX. Under the Western Michigan University Title IX Policy, certain acts, including sexual misconduct, are prohibited, and students accused of violating the school’s Title IX Policy may face significant consequences. If you are accused of sexual assault or other behavior barred by the Title IX Policy, it is in your best interest to contact an attorney. Sam Bernstein of ArborYpsi Law is an aggressive Ann Arbor criminal defense lawyer who can assess the circumstances regarding the allegations against you and aid you in pursuing the best outcome available under the facts of your case.

Title IX of the Education Amendments of 1972, typically referred to as Title IX, is a federal statute that bars any behavior that constitutes sex-based discrimination in any of the educational programs or activities of public institutions that receive funds from the federal government. In other words, Western Michigan University and any other school that receives money from the federal government must comply with Title IX. Sex-based discrimination is broadly interpreted and includes not only discrimination in sports and academics but also sexual misconduct. Any act that falls under the umbrella of sexual misconduct, including sexual harassment, sexual assault, stalking, and intimate partner violence, is considered sex-based discrimination as defined by Title IX.

Under the Western Michigan University Title IX policy, any form of sexual discrimination, including sexual assault, sexual exploitation, non-consensual sexual conduct, stalking, harassment, and intimate partner violence, is prohibited. The Policy applies to the entire University community, including students, faculty, and staff.

If a member of the community experiences behavior that constitutes sexual misconduct and reports the behavior to the Title IX Coordinator, the University will take immediate action in response to the report. While there is no deadline for reporting such misconduct, the school may lack the ability to fully investigate the claim or take action against the respondent, or person that reportedly committed such acts, if a significant time has elapsed between the act and the complainant’s report.

Within ten days of when a report is made, the Title IX Coordinator, or a designee in Institutional Equity (IE), will conduct an initial assessment. After the assessment, if the Coordinator or designee finds that the behavior in question is not covered by the Title IX policy, it will refer the report to the Office of Student Conduct; otherwise, it will either file a formal complaint to pursue an informal resolution that does not involve taking disciplinary action against the respondent or to undertake an investigation to assess whether the respondent violated the Title IX Policy.

If the complainant seeks a formal resolution, Institutional Equity will conduct an investigation which will be followed by a live hearing to determine if the respondent violated the Title IX Policy. The respondent does not need to offer evidence in their defense during the investigation or hearing; instead, the University bears the burden of gathering any relevant information. The investigation must be conducted in a fair manner, and the respondent has the right to review all of the evidence and offer any additional evidence after the investigation. Additionally, they have the right to be represented by an advisor, which may be an attorney, during the process.

Sexual assault allegations can permanently harm a person’s reputation and prospects, even if the allegations do not result in a criminal conviction. If you are accused of engaging in sexual misconduct at Western Michigan University, it is critical that you understand your rights with regard to Title IX proceedings, and you should talk to an attorney as soon as possible. Sam Bernstein of ArborYpsi Law is a knowledgeable Ann Arbor criminal defense lawyer with the skills and resources needed to help people fighting sexual misconduct allegations protect their rights, and if you hire him, he will work tirelessly on your behalf. We have an office in Ann Arbor, and we regularly assist people in Title IX proceedings and criminal matters throughout Michigan, including cities in Ann Arbor, East Lansing, Dearborn, and Flint. You can reach us through our online form or by calling us at (734) 883-9584 to set up a confidential and free consultation.