ÿ�մ���

ECRT’s Role. Our role is to coordinate and carry out the University’s response to reports of Prohibited Conduct under the We are an impartial office and do not represent or advocate on behalf of any party or witness in an investigation. We recognize the information shared during an ECRT process is sensitive and we will share information with University officials only when necessary and appropriate. ECRT is not a Confidential Resource, however, and does share information as appropriate on a need-to-know basis.

• Investigator: In an investigation (either Process A or Process B), the investigator’s role is to conduct an impartial and unbiased investigation, or other response, into reported violations of the University’s Policy on Sexual and Gender-Based Misconduct. The investigator can assist parties with supportive measures and other resources. In Process A, the investigators make a determination as to responsibility under the Policy. In Process B, the investigators’ investigation report is provided to the hearing officer.
• Hearing Officer: In Process B, the hearing officer’s role is to conduct a fair, impartial hearing, and make a determination as to responsibility under the Policy.
• Adaptable Resolution Coordinator: In an Adaptable Resolution, the adaptable resolution coordinator’s role is to help the parties identify the specific processes used, and to facilitate the Adaptable Resolution process.

Impartiality: If you have a concern that the investigator, hearing officer, mediator, any entity/individual determining corrective actions, or external reviewer cannot carry out their role in this matter in a fair and unbiased manner (e.g., has a personal connection with one of the parties or witnesses, etc.), please contact the Title IX Coordinator Andrea McDaniel immediately. The Title IX Coordinator may be reached at 313-436- 9194 or [email protected].

Initial Meeting. The first step ECRT takes is to listen to your concerns and provide you with information about resources and reporting options. If you choose to participate in an investigative resolution, you will have the opportunity to meet with an ECRT investigator to provide a full statement and answer questions, as described in the “Investigative Resolution” section below.

Advisor. You may bring an advisor with you to any meeting during the investigative process, including your interview and the hearing. Examples of an advisor include, but are not limited to, a friend, family member, or an attorney.

Supportive Measures. You have the right to request supportive measures, regardless of whether you file a formal complaint with the University or with law enforcement. Supportive measures are individualized services, accommodations, and other assistance that the University offers free of charge. Supportive measures may include but are not limited to: the ability to modify a University work schedule or job assignment, alter a University work location or assignment, a mutual no contact directive, and assistance in connecting to counseling or medical services. More information about supportive measures is included in and  

Please let ECRT know if you wish to request supportive measures. You may also request supportive measures through confidential resources, including the

Criminal Investigations and Preservation of Evidence. The University process for addressing sexual misconduct is separate from a criminal investigation. You have the right to file a police report regarding possible criminal behavior. We can connect you with a staff member who can assist you in making a report to law enforcement if you would like. You may also seek medical treatment. A list of local hospitals can be found in the Our Community Matters resource guide. Even if you are not sure that you want to file a police report or see medical attention, it can be helpful to have any available evidence collected in case you decide to file a report with law enforcement at a later date. The Department of Public Safety assists individuals who have experienced sexual and gender-based violence. You can contact DPS at 313-593-5333 . If the incident(s) occurred off campus and you wish to file a police report, please contact local police (DPS is available to assist you with this).

Retaliation. The University prohibits retaliation for making a report or Formal Complaint of Prohibited Conduct; being alleged to have committed Prohibited Conduct; assisting or participating, or refusing to participate, in any proceeding under this Policy. Any person who feels they are being subjected to retaliatory behavior is strongly encouraged to contact ECRT immediately. We will look into the matter and the University will take action if retaliation has occurred. It is also important that you, along with all other persons who are aware of this investigation, avoid engaging in conduct that may be perceived as retaliatory.

Resources for Support. The University offers a variety of services to support Respondents. Several are listed below. ECRT can provide additional information about resources, as requested. If you are concerned for your safety, call 9-1-1 immediately.

&�Բ�����;• Faculty and Staff Counseling and Consultation Office (Confidential) 734-936 8660
&�Բ�����;• (Confidential) 734-936-0600
&�Բ�����;• Faculty Ombuds (Confidential)

•34-615-4789 or [email protected]

Resolution Processes and Formal Complaint. There are multiple procedural pathways used to resolve concerns of Prohibited Conduct under the Policy. For example:

• Process A: an investigation into allegations of Other Sexual or Gender-Based Misconduct; Sex and Gender-Based Discrimination; and/or other Prohibited Conduct(no allegations of Federal Rule Sexual and Gender-Based Misconduct) resulting in disciplinary/corrective action if the Respondent is found to have violated the policy.
• Process B: an investigation and hearing regarding allegations of Feder Rule of Sexual and Gender-Based Misconduct, resulting in disciplinary/corrective action if the Respondent is found to have violated the policy.
• Adaptable Resolution: A voluntary, remedies-based non-disciplinary structured process between or among affected parties that focuses on creating an agreement to address harm and promote accountability; various forms of Adaptable Resolution may be used, with the agreement of both parties and the approval of the Title IX Coordinator.                  
• Mediation: a voluntary, structured interaction between parties with the help of an impartial mediator to achieve a resolution satisfactory to both parties; not always appropriate in all matters, must be approved by the Title IX Coordinator and agreed upon by both parties, and will never be used in any matter under the Policy involving a student Complainant and faculty or staff Respondent

Acceptance of Responsibility. Under the you may, at any time in the process, elect to resolve the matter by accepting responsibility for the alleged Prohibited Conduct. This means that you are acknowledging a violation(s) of the Policy as alleged and waiving your right to engage in a full investigation (and hearing, as applicable) process to allow an impartial decision-maker to determine
responsibility based on the available evidence. If you choose to accept responsibility for Prohibited Conduct, and the Complainant agrees in writing, the process will be advanced to the final steps (i.e., referral to the appropriate University official to determine corrective action). For additional information about acceptance of responsibility, see

PROCESS A

Complainant’s Statement. If ECRT opens an investigative resolution, ECRT will interview the Complainant if they are participating in the investigation. During the meeting, the Complainant will provide information about their concerns, identify relevant witnesses, and provide or otherwise identify any documentary
evidence they wish to be considered. After the interview, ECRT will provide the Complainant with a draft written summary of relevant information from their statement. The Complainant will have three (3) calendar days to review the documents for accuracy and completeness. They may submit feedback and ECRT will
incorporate relevant feedback into the investigation report. For additional information, see

Your Statement. You will be informed of the allegations and given the opportunity to respond to the reported conduct, identify relevant witnesses, and provide or otherwise identify any documentary evidence you wish to be considered. This is your opportunity to share all relevant information you have regarding the
matter. After the interview, ECRT will provide you with a draft written summary of relevant information from your statement. You will have three (3) calendar days to review the documents for accuracy and completeness and to provide feedback. You may submit feedback and ECRT will incorporate relevant feedback into the investigation report. For additional information,

Parties (as well as witnesses) are expected to provide all relevant information at the time of their interview, or as soon as otherwise possible, and to be truthful and complete in their responses throughout the process. Throughout the process, you are expected to share information that is accurate to the best of your knowledge. A person who makes a materially false statement in bad faith in the course of a proceeding may be subject to disciplinary action. However, a determination regarding responsibility, standing on its own, is insufficient to conclude that a party made a materially false statement in bad faith. 

Gathering Additional Information - Witnesses and Evidence. As part of the investigation, ECRT will interview relevant witnesses and gather relevant evidence. Witness participation in the investigation is voluntary. Witnesses are advised before making a statement that they will be identified by name in the investigation report and, in a Title IX Misconduct Process, may be asked to participate in a subsequent hearing. The investigator has the discretion to not interview a witness if the witness does not possess relevant information or if the information they are expected to provide would be duplicative. After their interviews, witnesses are offered the opportunity to review a draft written summary of relevant information from their statement. Any and all information for consideration by the hearing officer should be provided to the investigator prior to the hearing and any new information will not be allowed during the hearing itself, absent limited circumstances.

Review of Evidence and Preliminary Investigation Report. After ECRT has concluded the investigation, both parties will be provided a copy of the preliminary investigation report and an electronic file of all evidence gathered during the investigation. The preliminary investigation report is a written summary of the relevant information ECRT has gathered. It includes the summary of relevant information provided by each person interviewed, and other relevant information obtained in the investigation. The preliminary investigation report does not include an investigation outcome. Both parties will have the opportunity to review the electronic file of evidence and the preliminary investigation report. You may provide feedback and additional documents or evidence, up to ten (10) pages, within ten (10) calendar days after the preliminary report is sent to you. Since the parties are encouraged to provide all relevant evidence as early as possible in the process, any party providing new evidence in response to the preliminary report should identify whether that evidence was previously available to them, and if so, why it was not previously provided. ECRT will review and generally attach all feedback submitted by either party to the final investigation report. For additional information about the preliminary report and evidence review, see
 

Final Investigation Report. After receiving feedback to the preliminary investigation report, or after the feedback deadline passes, ECRT will reach a conclusion as to whether there is sufficient evidence to establish a policy violation. This determination will be made using the preponderance of the evidence standard, meaning that to establish a Policy violation, the evidence must demonstrate that it is more likely than not that conduct occurred in violation of the Policy. The investigator will provide both parties and the relevant University administrators with the final investigation report. For additional information about the final investigation report, see

Appeals. Following the hearing outcome and determination as to corrective action, as applicable, either or both parties may appeal the finding. In the event an appeal is filed, the other party will have an opportunity to review and respond to the appeal. The appeal will be decided by an external reviewer, whose decision on any appeal is final. For additional information about appeals, please see

Procedures. Corrective actions are subject to review under the applicable grievance procedures available to the Respondent.

Corrective Action and Remedies. If ECRT finds that a Policy violation or other inappropriate behavior has occurred, the Respondent’s supervisor or other appropriate University administrator will determine appropriate corrective action and remedies. Corrective actions are subject to review under the applicable grievance procedures available to the Respondent. For additional information about corrective action and remedies, see

PROCESS B

Investigation Phase. Allegations of Title IX Misconduct are investigated under the same investigation process that is used in the Sexual and Gender-Based Misconduct process, above, through the parties’ review of the evidence and preliminary report, which process is then followed by a hearing.

Final Investigation Report and Pre-Hearing Meeting. After receiving feedback to the preliminary investigation report, or after the feedback deadline passes, ECRT will provide both parties and the hearing officer with a copy of the final investigation report. The final investigation report will not include any findings or recommendations. After the parties have the opportunity to review the final investigation report, you will each meet separately with the hearing officer for a pre-hearing meeting. During the pre-hearing meeting, you will review the reported conduct and the issues of interest to the hearing officer and parties. You will learn more about the procedures at the hearing and the technology that will be used. You will also have the opportunity to identify witnesses who you would like to be asked to appear for the hearing. If you have not done so previously, you will also identify your advisor, who will ask questions of the Respondent and witnesses during the hearing. If you do not have an advisor, the University will provide one to you for the hearing at no cost. If either party does not participate in the pre-hearing meeting, the Title IX Coordinator will determine whether and how that absence affects the ability of the University to move forward with the hearing. For additional information about the pre-hearing meeting, see

During the pre-hearing meeting, you will review the reported conduct and the issues of interest to the hearing officer and parties. You will learn more about the procedures at the hearing and the technology that will be used. You will also have the opportunity to identify witnesses who you would like to be asked to appear for the hearing. If you have not done so previously, you will also identify your advisor, who will ask questions of the Respondent and witnesses during the hearing. If you do not have an advisor, the University will provide one to you for the hearing at no cost. If either party does not participate in the pre-hearing meeting, the Title IX Coordinator will determine whether and how that absence affects the ability of the University to move forward with the hearing. For additional information about the pre-hearing meeting, see

Hearing. The hearing officer will subsequently conduct a hearing at which both parties and all witnesses
will have the opportunity to answer questions posed by the hearing officer, and by the other party’s advisor.
You will not have any responsibility for organizing the hearing or ensuring witnesses appear. For additional
information about the hearing, see
 

Decision and Follow Up. Following the hearing, the hearing officer will reach a conclusion as to whether there is sufficient evidence to establish a policy violation. This determination will be made using the preponderance of the evidence standard, meaning that to establish a Policy violation, the evidence must demonstrate that it is more likely than not that conduct occurred in violation of the Policy. The hearing officer will issue a written decision after the hearing. If there is a finding that Respondent did not violate the policy, the outcome will be shared with the parties. If there is a finding that Respondent did violate the policy and corrective action is appropriate, the Respondent’s supervisor or other appropriate University administrator will determine the appropriate corrective action and any additional appropriate remedies, and the hearing outcome and corrective action will be shared with the parties at the same time. 

For additional information about the hearing outcome, please see For additional information about corrective action and remedies, please see

Appeals. Following the hearing outcome and determination as to corrective action, as applicable, either or both parties may appeal the finding. In the event an appeal is filed, the other party will have an opportunity to review and respond to the appeal. The appeal will be decided by an external reviewer, whose decision on any appeal is final. For additional information about appeals, please see Section IX of the Employee Procedures. Corrective Action is subject to review under the applicable grievance procedures available to the Respondent.

More information. If you have any other questions, please contact ECRT at 313-436-9194 or [email protected].