Sexual Misconduct

All course syllabi should contain the university’s standardized statement on Title IX and sexual misconduct. The statement is:

The university’s policy is to provide ongoing training and education to all students and employees on the provisions of this policy and their duties under the same. Training and education programs will include, without limitation:

Mandatory Reporters are required to notify the university’s Title IX Coordinator when they learn of (1) sexual misconduct involving any member of the university community, or (2) any other sexual misconduct on campus or involving any MSU program or activity. To that end, Mandatory Reporters should keep the following in mind:

Certain employees are specifically exempted from Responsible Employee status. These include (1) licensed counselors, such as those at Student Counseling Services, and their staff members; and (2) health care providers and staff, such as those at the Longest Student Health Center.

Most MSU employees are considered Mandatory Reporters for all matters involving sexual assault, harassment, or other forms of sexual misconduct.

If you are employed by MSU in any capacity—full time or part time—you should assume that reporting is mandatory for you unless you fall into one of the exceptions listed in MSU’s Sexual Misconduct Policy (e.g., counselors and medical staff) or have been explicitly informed by your supervisor that you are not required to report.

It depends on the nature of the misconduct. Informal resolution is appropriate only where all parties to a sexual misconduct matter request it. Even when a request is made, the university may determine that other alleged violations are sufficiently serious that informal resolution would be inappropriate. In such cases, the matter will be resolved through formal adjudication.

If the complainant and respondent both request informal resolution under circumstances in which it would be appropriate, the university will make reasonable efforts to facilitate it.

Submitting a deliberately false report or providing false information in bad faith is prohibited and is grounds for disciplinary action. A report is made in bad faith when the person making it actually knew it was false or made it with reckless disregard for the truth. A report is not made in bad faith merely because the facts asserted later turn out not to be accurate.

Sanctions for violations of the Sexual Misconduct Policy must be determined based on the facts of each individual case. Sanctions are distinct from non-punitive interventions—such as no-contact orders or changes in housing assignments—which the university may impose to insure the safety of community members.

Sanctions may include, but are not limited to, expulsion, suspension, conduct probation, loss of campus housing, community service, restrictions on privileges, termination of employment, reassignment of employment, restitution, educational requirements, or a formal warning.

All investigations and disciplinary proceedings concerning alleged sexual misconduct or sex discrimination will be conducted in a prompt, fair, and impartial manner by individuals who have received appropriate training on domestic violence, sexual assault and related issues. Procedures for investigation and adjudication are included in the Sexual Misconduct Policy.

The university will take steps to assist and protect individuals who report sexual misconduct or seek confidential assistance. The Title IX Coordinator or a designee will discuss potential assistance during an initial meeting with the complaining party. Persons who wish to remain confidential should contact Student Counseling Services, which can refer them to a Sexual Assault Advocate, who can help obtain assistance without triggering a formal investigation.

Assistance may include, but is not limited to: