Resources

The Title IX Coordinator is the University’s official who is responsible for ensuring compliance with Title IX. Oakland University has both a Title IX Coordinator and a Deputy Title IX Coordinator. The former responds to and investigates allegations of sexual misconduct when the responding party is a faculty or staff member, and the latter addresses such matters when the person responding to allegations of sexual misconduct is a student.

Does Title IX only relate to athletics?
No, Title IX protects all persons from discrimination based on sex in educational programs or activities which receive federal financial assistance, including institutions of higher education. Key areas in which recipients have Title IX obligations are recruitment, admissions, counseling, financial assistance, and athletics, to name a few.

What is sexual misconduct?
Sexual misconduct is unwelcome acts of a sexual nature without consent. This includes sexual harassment, sexually hostile environments and sexual violence.

What does "consent to sex" mean?
The best way to describe what “unwelcome” or “without consent” looks like would be to describe what “consent” looks like, and what it does not:

• Consent is an affirmation, unambiguous, and a conscious decision by each participant to engage in mutually agreed upon sexual activity
• Consent is revocable and can be withdrawn at any time
• Consent to one form of sexual activity does not imply consent to another form of sexual activity
• Consent to sexual activity on one occasion is not consent to engage in sexual activity on another occasion
• Silence, or no response, does not imply consent
• Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another person
• Consent does not include coercion, intimidation, threats, or physical force Consent cannot be given by persons who are underage
• Consent cannot be given if a person is mentally or physically incapacitated so that they cannot understand the fact, nature or extent of the sexual situation. This includes incapacitation due to alcohol or drug consumption, or being asleep or unconscious.

If an incident of sexual misconduct occurs off campus can the university investigate?
Sexual misconduct that occurs at any University sponsored program, both on-campus or an off-campus location, will be investigated if the effects of the misconduct adversely affects or creates a hostile environment on campus and/or is detrimental to the University’s interests.

If an incident occurred and I was drinking will I get in trouble?
OU’s priority is to prevent sexual misconduct. While the specifics of the situation will be considered, OU’s primary focus will be to address sexual misconduct.

Someone has filed a report against me, what should I do?
Do not contact the reporting person by any means – in person, by phone, by mail, by social media, by electronic communication or through someone else. Familiarize yourself with OU’s policies and process for investigating complaints of sexual misconduct on the OU Administrative Policies and Procedures Intranet page, under Health and Safety. If you have questions about the policies or process, please contact the Title IX Coordinator or the Deputy Title IX Coordinator.

To whom should I report that I've been the victim of sexual misconduct?
If you are a student, please visit the Dean of Students student reporting page.

If you are a faculty or staff member, please visit the Dean of Students faculty and staff reporting page.

Will my report remain confidential?
If you wish to make a report confidentially, the OU Counseling Center is a confidential resource. Your confidentiality will be protected to the maximum extent possible, but anonymity may hinder the timeline for an investigation into your complaint. For additional confidential resources, see the Resources page.

What if I want to remain anonymous?
If you want to remain anonymous, contact the OU Counseling Center to discuss making a report. Privacy of parties is a priority for OU, however, at times information must be disclosed in order to fully investigate a report. Anonymity may hinder the timeline for investigation into your complaint. If you are concerned about anonymity, discuss this with the Title IX Coordinator or the Deputy Title IX Coordinator.

My friend told me they were assaulted. What can I do to help?
Be supportive and listen to what they have to say, then encourage your friend to report.

What are my obligations if an incident of sexual misconduct is reported to me?
Anyone who experiences, witnesses or learns of sexual misconduct is strongly encouraged to report the situation to the University. The person reporting does not have to be the target. The OUPD is the first responder to any immediate safety concerns. If you are a faculty or staff member and you become aware of a student that has been victimized, you must report the incident to the Dean of Students Office.

What if I am retaliated against for reporting sexual misconduct or participating in an investigation?
You cannot be retaliated against for inquiring about possible sexual misconduct, making a report, participating in an investigation, or assisting another person in making a report. Retaliation is a serious violation of University policy and, if found to have occurred, will subject the violator to discipline up to, and including, termination or expulsion, even if sexual misconduct is ultimately found to not have occurred.

If I am involved in a Title IX investigation for alleged sexual misconduct, may I seek treatment from a medical professional at OU?
No. For Title IX investigations of alleged sexual misconduct, the university prohibits the use of medical experts that have an actual or apparent conflict of interest.

If I am involved in a Title IX investigation for alleged sexual misconduct, do I receive the same report as everyone else? 
Yes. For Title IX investigations of alleged sexual misconduct, the university prohibits the issuance of divergent reports of complainants, respondents, and administration and instead requires that identical reports be issued to them.

If I was sexually assaulted by a medical professional under their care, am I still responsible for the medical appointment expenses?
No. The university prohibits seeking compensation from the recipient of any medical procedure, treatment, or care provided by a medical professional who has been convicted of a felony arising out of the medical procedure, treatment, or care.

I'm considering filing a Title IX complaint against an employee with past allegations, but nothing was found. Is there anything the university will do? 
Yes. If allegations against an employee are made in more than 1 Title IX complaint that resulted in the university finding that no misconduct occurred, the university requires that the Title IX Officer promptly notify the President or Chancellor and a member of the university's governing board in writing and take all appropriate steps to ensure that the matter is being investigated thoroughly, including hiring an outside investigator for future cases involving that employee. A third-party Title IX investigation under this subdivision does not prohibit the university from simultaneously conducting its own Title IX investigation through its own Title IX Coordinator. 

If I've experienced sexual assault, can I report this to the police and the university?
Yes. The university notifies each individual who reports having experienced sexual assault by a student, faulty member, or staff member of the university that the individual has the option to report the matter to law enforcement, to the university, to both, or to neither, as the individual may choose. 

The University has a number of policies in place to address sexual violence and other related incidents.

For concerns about student behavior, please see: Policy 625: Student Sexual Misconduct Policy, Student Code of Conduct.

For issues concerning faculty and staff, or other community members, please see: Policy 710: Administrative Guidelines Prohibiting Discrimination.

For sexual misconduct that meets the definition of a Title IX violation, please see: Procedures for Responding to Title IX Sexual Harassment.

For all other sexual misconduct concerns see:
Policy 711: Guidelines for Handling Discrimination Complaints.

If you have any questions or concerns about these policies, please contact the Director of Diversity, Equity, and Inclusion.

Complainant: Any individual who is alleged to be the victim of conduct that could constitute sexual harassment. Any person may report sex discrimination, including harassment, whether or not the person reporting is the person alleged to be the victim of discrimination or harassment.

Consent: Consent is clear, knowing, and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. If coercion, intimidation, threats, or physical force are used, there is no consent. Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. In addition, previous relationships or prior consent cannot imply consent to future sexual acts. If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent. This also includes a person whose incapacity results from mental disability, sleep, or involuntary physical restraint.

Coercion: Unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

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 relationship is determined based on consideration of the following factors: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship.

Days: Refers to working days, rather than calendar days, unless otherwise specified.

Domestic Violence: The term includes felony or misdemeanor crimes of violence committed by a current spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by any other person against an adult or youth victim who is protected from that person’s acts under the laws of the state of Michigan.

Formal Complaint: A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the recipient investigate the allegation of sexual harassment. The phrase “document filed by a complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by Oakland University) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.

Party: The complainant or respondent.

Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Sanctions: The determination of sanctions to be imposed against a respondent who is found to have been responsible for violating this policy will depend upon the nature and gravity of the misconduct, any record of prior discipline for a violation of this policy, or both. Sanctions against students may include, without limitation, expulsion or suspension from the University, disciplinary probation, expulsion from campus housing, mandated counseling, and/or educational sanctions. Sanctions against employees and other non-students may include, without limitation, a written reprimand, disciplinary probation, suspension, termination, demotion, reassignment, revision of job duties, reduction in pay, exclusion from campus or particular activities, and/or educational sanctions deemed appropriate.

Sexual Assault: The term “sexual assault” means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. A nonforcible sex offense includes incest and statutory rape. A forcible sex offense is any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent.

Sexual Harassment: Sexual harassment is misconduct on the basis of sex constituting one of the following:

• An employee of the University conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct;
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the University’s educational programs or activities; or
• Any of the following:
  • “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v) and this policy
  • “Dating violence” as defined in 34 U.S.C. 12291(a)(10) and this policy
  • “Domestic violence” as defined in 34 U.S.C. 12291(a)(8) and this policy
  • “Stalking” as defined in 34 U.S.C. 12291(a)(30) and this policy

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.

Supportive Measures: Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without a fee or charge to the complaint or respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment or deter sexual harassment.

On Campus:

• OU Police Department, Police and Support Services Building Dial 911 (campus phone) | (248) 370-3331 (cell phone)

Send a text to 67283 and include “OUPD” at the beginning of the message

• Dean of Students Office, (248) 370-3352
• Graham Health Center, (248) 370-2341
• OU Counseling Center, (248) 370-3465*
• Office of Diversity, Equity and Inclusion, (248) 370-3496
• Sexual Assault and Violence Initiative, (SAVI) 

Off Campus:

• Uwill, Student Mental Health and Wellness, 833-646-1526*
• Ulliance, Employee Life Advisor EAP, 800-448-8326*
• Turning Point, 24-hour Crisis Line, (586) 462-6990*
• Sexual Assault 24 Hour Hotline, (855) VOICES4*
• Haven, 24 Hour Crisis and Support Line, (248) 334-1274*
• Common Ground Sanctuary, (248) 456-8150*
• Ascension Providence, (248) 652-5000
• Joseph's Hospital, (248) 858-3000
• Oakland County Prosecutor's Office, (248) 858-0656

* Indicates confidential reporting

Thank you for your interest in requesting a Title IX training program. To ensure that we can meet the needs of your collective, we ask that you request a training program at least three weeks in advance.

Oakland University faculty and staff have access to Cornerstone online training programs for awareness and prevention of sexual harassment and assault. Visit the OU Human Resources page to find the Cornerstone login and review the library of programs available.

Contact Chad Martinez for all requests. Chad Martinez, J.D.
Director of Title IX and Compliance
[email protected]