Crime Victim's Rights

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Title IX compliance

As the College is concerned about discrimination based on gender or sex, the Title IX Coordinators oversee the College’s investigation and response to these kinds of situations. Students who wish to report a concern or complaint relating to discrimination or harassment may do so by reporting the concern online through the Student and Community Portal (Student Complaint Form) or by phone. Offices are open Monday – Friday 8:30 am – 5:00 pm.

Students

Renee DeYoung, Vice President of Student Affairs, Title IX Coordinator
North Central Michigan College, 1515 Howard Street, Petoskey, MI 49770
231-348-6618

Employees

David Hartnett, Vice President of Finance and Facilities
North Central Michigan College, 1515 Howard Street, Petoskey, MI 49770
231-348-6603

Students with complaints of this nature also have the right to file a formal complaint with the United States Department of Education:

Office of Civil Rights (OCR)
400 Maryland Ave, SW, Washington, DC 20202-1100

Customer Service Hotline: 800-421-3481 TDD: 877-521-2172

Fax: 202-453-60123
Email: OCR@ed.gov
Web: www.ed.gov/ocr

Crisis Support and Counseling

Whether you need support now or years after experiencing sexual assault or dating violence, help is available 24 hours a day.

Women’s Resource Center of Northern Michigan

231-347-0067

24-hour Crisis and Intervention (WRCNM)

231-347-0082 or 1-800-275-1995

In the event of a sex offense occurring on campus, 911 should be contacted immediately. Medical assistance is available at McLaren-Northern Michigan Emergency Room (416 Connable Ave., Petoskey, 231-348-4520).

The Women’s Resource Center of Northern Michigan offers counseling and advocacy services with the police and hospital. An advocate can be immediately dispatched to assist any victim. This can be accessed by calling the 24-hour crisis line at 231-347-0082. Victims are reminded of the importance of preserving evidence which may be necessary for the proof of sexual assault. Any offense should be reported to the Vice President of Student Affairs (231-348-6618) as soon as possible.

Where to go for assistance

24-hour Crisis and Intervention (WRCNM) 231-347-0082 or 1-800-275-1995
McLaren Northern Michigan 231-348-4000
Petoskey Department of Public Safety 231-347-2500
Otsego County Sheriff Department 989-732-7858
Cheboygan Department of Public Safety 231-627-4321

Information for Victims of Domestic Violence

Crime victims should be aware of the following information: Emergency and medical services are available to crime victims.

Victim’s compensation benefits may be available by contacting: Crime Victim Services Commission, 320 South Walnut St., Lansing, MI, 48913. Victims only - Toll-free 877-251-7373.
Crime victims may contact the prosecutor’s office as follows:

Emmet County Prosecutor’s Office

Emmet County Building, 200 Division Street, Petoskey, MI 49770

Phone: 231-348-1725

Otsego County Prosecutor’s Office

800 Livingston Blvd., Suite 3-D, Gaylord, MI 49735

Phone: 989-731-7430

Cheboygan County Prosecutor’s Office

870 S. Main St., Room 143, Cheboygan, MI 49721

Phone: 231-627-8450

If you would like to be notified of an arrest in your case or the release of the person arrested, or both, you should call:

Emmet County Prosecutor's Office 231-348-1725

Victim Advocate 231-348-1725

Otsego County Sheriff Department 989-732-7858

Victim Advocate 989-731-7431

Cheboygan Department of Public Safety 231-627-4321

Victim Advocate 231-627-8450

Information about emergency shelter, counseling services and the legal rights of domestic violence victims is available through these resources.

Women’s Resource Center of Northern Michigan 231-347-0067

24-hour Crisis and Intervention (WRCNM) 231-347-0082 or 1-800-275-1995

To obtain a Personal Protection Order (PPO), begin at the County Clerk’s Office.

Emmet County Clerk’s Office

200 Division St., Petoskey, MI 49770

231-348-1702

Otsego County Clerk’s Office

225 West Main St., Gaylord, MI 49735

989-731-7500

Cheboygan County Clerk’s Office

870 S. Main St., Cheboygan, MI 49721

231-627-8820

Definitions

Sexual assault – any form of unwanted sexual contact obtained without consent and/or obtained through the use of force, threat of force, intimidation or coercion.
Domestic violence – a felony or misdemeanor crime of violence committed by - a current or former spouse or intimate partner of the victim; a person with whom the victim shares a child in common; a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies (under VAWA), or any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
Dating violence –violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: length of the relationship; type of the relationship; and the frequency of interaction between the persons involved in the relationship.
Stalking –engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress.
Sexual Harassment – Any Form of harassment toward an individual or group of individuals. NOTE: The Elliott-Larson Civil Rights Act defines sexual harassment as “unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct or communication of sexual nature” when such “conduct or communication has the purpose of effect of substantially interfering with an individual’s education or creating an intimidating, hostile or offensive educational environment."
Consent – sexual activity requires consent, which is defined as voluntary, positive agreement between the participants to engage in specific sexual activity. Consent must be clear and unambiguous for each participant at every stage of a sexual encounter. The absence of “no” should not be understood to mean that there is consent. A person who is asleep or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason, is not capable of giving valid consent. The use of alcohol or drugs may seriously interfere with the participants’ judgment about whether consent has been sought and given. Consent must meet all of the following standards:

Active, not passive. Silence, in and of itself, cannot be interpreted as consent. There is no requirement that an individual resist a sexual act or advance, but resistance is a clear demonstration of not consenting.

Given freely. A person cannot give consent under force, threats, or unreasonable pressure (coercion). Coercion includes continued pressure after an individual has made it clear that s/he does not want to engage in the behavior.

Provided knowingly. Legally valid consent to sexual activity cannot be given by:

A person under the legal age to consent (16 years old in Michigan), or
An individual who is known to be (or based on the circumstances should reasonably be known to be) mentally or physically incapacitated. An incapacitated person is someone who cannot make rational, reasonable decisions because s/he lacks the capacity to understand the “who, what, when, where, why and how” of a sexual interaction. This includes a person whose incapacity results from mental disability, sleep, involuntary physical restraint, unconsciousness, use of alcohol or other drugs.

Specific. Permission to engage in one form of sexual activity does not imply permission for another activity. In addition, previous relationships or prior consent do not imply consent to future sexual acts. It is the responsibility of the initiator of the act to receive permission for the specific act. As a result, consent may be requested and given several times by multiple parties during a sexual encounter involving multiple acts.

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TITLE IX

Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106, prohibit discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. Sexual violence refers to physical sexual acts perpetrated against a personʼs will or where a person is incapable of giving consent due to the victimʼs use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX. In addition to a criminal investigation into reports of sexual violence, all Title IX matters will be reported to and investigated by the Title IX Coordinator. To file a Title IX complaint, contact the Title IX Coordinator for North Central Michigan College, Vice President of Student Affairs, Renee DeYoung, at 231-348-6618.