Students Responding to Complaints of Gender-Based Misconduct
Reasonable accommodations are available to individuals with disabilities. You may contact ECRT at any time to request such accommodations.
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: The investigator’s role is to conduct an impartial and unbiased investigation, or other response, into reported violations of the University’s Interim Policy on Sexual and Gender-Based Misconduct. The investigator is the primary point of contact during the initial assessment, initial meeting, and the investigation portion of an investigative resolution.
• Case Manager: The case manager’s role is to serve as the primary point of contact for the parties, witnesses, hearing officer, and relevant administrators during the post-investigation phase of an investigative resolution and as necessary during an adaptable resolution process.
Impartiality. If you have a concern that the investigator, case manager, hearing officer, Student Conduct Advisor 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 contact the Title IX Coordinator, Andrea Berry McDaniel, immediately. She may be reached at 313-436-9194 or
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, advocate or an attorney. The University can provide an advisor to you free of charge if you do not have one.
Supportive Measures. You have the right to request supportive measures. Supportive measures are individualized services, accommodations and other assistance that the University offers free of charge. Supportive measures may include academic support and accommodations, including the ability to reschedule classes, exams, and assignments; transfer course sections; or modify an academic schedule. Supportive measures further include but are not limited to: the ability to modify a University work schedule or job assignment, alter a University work or housing 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 CAPS or the Student Ombuds
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.
• Counseling and Psychological Services (Confidential) 313-593-5430
• Student Ombuds (Confidential) 313-593-5440
• Department of Public Safety 313-593-5333 (or 911 on campus)
• 313-943-2241 (or 911 in Dearborn)
Procedural Options and Formal Complaint. There are multiple procedural pathways used to resolve concerns of Prohibited Conduct under the Policy. For example,
• Investigative resolution: an investigation and hearing regarding allegations of Prohibited Conduct, resulting in disciplinary sanctions if the Respondent is determined to have violated the Policy
• Adaptable resolution: voluntary, remedies-based, structured process between or among affected parties that balances support and accountability without formal disciplinary action against a Respondent. If you have received this document from ECRT as a result of a Formal Complaint, the Title IX Coordinator or ECRT Investigator has indicated in their outreach to you whether an investigative resolution has been opened, or whether you have been offered the option to participate in adaptable resolution. If you have any questions, please direct them to the individual within ECRT who has contacted you.
INVESTIGATIVE RESOLUTION
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 interview. The Complainant will have three (3) calendar days to review their statement for accuracy and completeness. They may submit feedback and ECRT will incorporate relevant feedback into the investigation report.
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. After the interview, ECRT will provide you with a draft written summary of relevant information from your interview. You will have three (3) calendar days to review your statement for accuracy and completeness and to provide feedback. You may submit feedback and ECRT will incorporate relevant feedback into the investigation report.
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 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 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 interview. 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. For additional information, see
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 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. As 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 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 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 Complainant 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
Sanctioning Input Statements. Within seven calendar days following the hearing, and before the Hearing Officer reaches a determination, the parties may each offer a brief written input statement identifying desired sanctions/remedies in the event of a finding of a violation of the Policy. These statements will be submitted to the Student Conduct Advisor, who will share them with the other party but not with the hearing officer. For additional information about sanctioning input statements, please see Section VI(E)(2) of the Student Procedures. 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 sanctions are appropriate, the Student Conduct Advisor will determine the appropriate sanctions and any additional appropriate remedies, and the hearing outcome and sanctions will be shared with the parties at the same time. For additional information about the hearing outcome, please see For additional information about sanctions and remedies, please see
Appeals. Following the hearing outcome and sanctioning determination, as applicable, either or both parties may appeal the finding, the sanctions, or both. 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 outcome will be reviewed and either accepted or modified by the Dean of Students. For additional information about appeals, please see
ADAPTABLE RESOLUTION
Adaptable Resolution. The University offers voluntary adaptable resolution processes as requested and appropriate. Adaptable resolution is a voluntary, remedies-based, structured interaction between or among parties that balances support and accountability without an investigation or formal disciplinary action
against a Respondent. Adaptable resolution is generally designed to allow a Respondent to acknowledge harm and accept responsibility for repairing the harm (to the extent possible) experienced by the Complainant and/or the University community. Adaptable resolution may take different forms, including practices such as a facilitated dialogue, restorative circles/conference process, restorative shuttle agreements, or community supported accountability circles. Adaptable resolution is not appropriate for all matters, and must be approved by the Title IX Coordinator or designee. If you are interested in exploring whether one of the adaptable resolution options may be available, please let us know. For additional
information about adaptable resolution, please see
More information. If you have any other questions, please contact ECRT at 313-436-9194.
Contact ECRT
4901 Evergreen Road
Dearborn, MI 48128