Frequently Asked Questions

What is the legal definition of sexual misconduct?

Many colleges/universities define this as “conduct of a sexual nature or conduct based on sex or gender that is nonconsensual, or has the effect of threatening, intimidating, or coercing a person.” This typically includes sexual harassment, sexual violence, relationship violence, and stalking, as well as sexual exploitation (taking non-consensual or abusive sexual advantage of another for that individual’s own benefit). Sexual misconduct is considered a form of sex/gender discrimination.

 

What is the legal definition of sexual harassment?

Unwelcome verbal, visual or physical conduct based upon sex or gender that is sufficiently severe, persistent or pervasive that it interferes with, denies, or limits an individual’s ability to participate in or benefit from a college’s educational programs and activities.

 

What is the legal definition of sexual assault?

Forcing or coercing an individual to engage in any non-sexual contact or sexual penetration. Sexual assault is sexual misconduct and sexual harassment.

 

What is the legal definition of criminal sexual conduct in the state of Michigan?

There are four degrees of criminal sexual misconduct in Michigan, which can be summarized as follows:

First degree criminal sexual conduct is a felony, and occurs when a person engages in sexual penetration, where the victim is either under the age of 13, or between the ages of 13 and 16 and is a member of same household, related by blood to the actor, the actor is in a position of authority, a school official or a day care worker. This statute also applies to conduct involving the use of a weapon, the aid of another person under certain circumstances, the sexual assault occurs during the commission of another felony, the actor uses force or coercion, or the sexual contact is with mentally incapacitated persons, among other aggravating circumstances.

Second degree criminal sexual conduct is also a felony, and applies to sexual contact, rather than penetration, under the circumstances above.

Third degree criminal sexual conduct is also a felony, and applies to sexual penetration where the victim is 13-16 years old, force or coercion is used, the victim is mentally incapacitated, the victim is a relative, certain school situations when the victim is 16 -18 years old, or when the sexual penetration occurs in the context of foster care.

Fourth degree criminal sexual conduct is a misdemeanor, and applies to sexual contact with a victim who is 13-15, and the actor is more than 5 years older than the victim, as well as when force or coercion is used. This statute also applies to sexual contact with victims during school situations (including those who are mentally incapacitated and receiving special education services), when the victim is a relative of the actor, when the actor is a mental health professional and the victim is a patient or when the sexual contact occurs in the context of foster care.

The full criminal statute, including penalties is available here:

http://legislature.mi.gov/doc.aspx?mcl-328-1931-LXXVI

 

How does the Michigan criminal law determine which criminal sexual conduct statute will apply?

The state prosecutor determines the appropriate statute under which to charge based on a number of factors, such as, the age and relationship to the victim, whether there was more than one assailant involved, the use of a weapon, whether a physical injury other than sexual assault was involved, the use of threats or extortion or the element of surprise. Criminal sexual conduct does not require a witness other than the victim. It is also a crime if the assailant is your dating partner or spouse.

 

What is the State of Michigan’s medical amnesty law?

Michigan law continues to prohibit a minor from purchasing, consuming, or possessing, or attempting to purchase, consume, or possess, alcoholic liquor and from having any bodily alcohol content. The medical amnesty law provides an exemption from prosecution for the following:

  • Minors (i.e., those under the age of 21) who, after consuming alcohol, voluntarily present themselves to a health facility or agency for treatment or observation, including medical examination and treatment for any condition as a result of sexual assault (as defined in Michigan law).
  • Minors who accompanied an individual who, after consuming alcohol, voluntarily presented themselves to a health facility or agency for treatment or observation, including medical examination and treatment for any condition as a result of sexual assault (as defined in Michigan law).
  • Minors who initiated contact with law enforcement or emergency medical services personnel for the purpose of obtaining medical assistance in connection with a legitimate health care concern.

The statute is available here (reference section 10): http://legislature.mi.gov/doc.aspx?mcl‐436‐1703

To better ensure that individuals at medical risk as a result of an overdose of any controlled substance, including a prescription drug, will receive prompt and appropriate medical attention, the State of Michigan provides for medical amnesty to remove perceived barriers to calling for or seeking help related to the use of drugs. The statue provides an exemption from prosecution for any individual who voluntarily seeks medical assistance for one’s own overdose of any controlled substance, including a prescription drug, or who is presented for medical assistance by a third party. The statue also exempts from prosecution those who accompany or request medical assistance for another individual as a result of an overdose of any controlled substance, including a prescription drug. The medical amnesty law applies when the amount of the drug possessed is sufficient only for personal use.

The statute is available here (reference section 3): http://legislature.mi.gov/doc.aspx?mcl-333-7404

 

What is Hillsdale’s policy regarding other violations discovered while investigating a report of sexual assault

Students should not fear that, in reporting an incident of sexual misconduct, they will be disciplined for violating other College rules such as those forbidding underage drinking. In such circumstances, the gravity of sexual misconduct outweighs such transgressions and thus they are normally overlooked. The College is not quick to punish in any case, and never without evidence amounting to proof.

 

How can I report a sexual assault?

Reporting to the College:

To report sexual misconduct to the College, individuals may contact any one of the following individuals in the Deans’ offices. The office number for the Dean of Women is (517) 6072333 and the office number for the Dean of Men is (517) 607-2331.

Confidentially Reporting Sexual Misconduct:

Individuals who wish to report sexual misconduct confidentially without it constituting a report to the College, may contact the counselors at the Health and Wellness Center at (517) 607-4368, or the Sexual Assault Nurse Examiner (SANE Nurse) at Hillsdale Hospital at (517) 437-4451.

Reporting Sexual Misconduct to Law Enforcement:

Individuals may report to law enforcement directly by contacting the Hillsdale City Police Department at (517) 437-6460 or 911. Prompt reporting allows law enforcement to collect and preserve evidence.

 

How can I get confidential help outside of Hillsdale?

Michigan:

The State of Michigan offers a confidential, anonymous Sexual Assault Hotline for sexual assault survivors that provides crisis counseling and referrals, regardless of your identity.

855-VOICES4

(855-864-2374)

The Sexual Assault Hotline website also hosts detailed information regarding sexual assault that can be of assistance. The website is available here: https://www.michigan.gov/voices4/

National:

800-656-HOPE

(800-656-4673)

This National Sexual Assault Hotline, provided by RAINN (Rape, Abuse & Incest National Network), will connect you with a trained staff member from a sexual assault service provider in your area. The RAINN website also contains a variety of helpful information regarding sexual assault: https://www.rainn.org/

 

Who at Hillsdale can assist me in making a report of sexual assault?

Any member of Hillsdale’s faculty or staff can assist you with reporting to any of the above resources. In addition, any member of the Deans’ offices, College Security, or Health Services can assist with reporting to the Hillsdale City police.

 

How do I obtain medical treatment following an assault?

You can obtain emergency medical treatment by calling 911, or you can obtain treatment from campus Health Services or the Hillsdale Hospital, which has a Sexual Assault Nurse Examiner (SANE Nurse) either on-duty or on-call 24 hours per day. You can reach the Hillsdale Hospital at (517) 437-4451, and it is best to call ahead, so the SANE Nurse on-call can be notified if the nurse is not already working at that time.

 

What medical treatment will I receive from the SANE Nurse?

The exam includes a detailed medical history and a general medical exam. It may also include an oral, anal, and/or genital exam, depending on what happened during the assault and the amount of time that has passed since the assault took place. The SANE Nurse will also initiate any necessary laboratory tests, and will provide medications or pharmacy items that may be needed, including emergency contraception and testing and treatment for sexually transmitted infections. You have the right to choose which parts of the examination or treatment you undertake, and are not required to participate in all parts of the process.

 

What is a rape kit?

Evidence (such as saliva, bite marks, and bodily fluids) can be collected during the medical exam by the SANE nurse (or sometimes by a doctor), which is done using a “sexual assault evidence kit,” sometimes called a rape kit. A sexual assault evidence kit is a box that contains swabs, envelopes, instructions and forms. If you agree, the SANE Nurse will use the kit during the exam to collect possible DNA evidence, which can be found in semen, saliva, hair, or blood that may be on your body or on items such as clothing. This evidence may be used in the criminal investigation and prosecution, and may be relevant to the College’s independent investigation.

 

What is the best way to preserve evidence of an assault?

If you can, avoid showering, bathing, using the restroom or changing your clothes. However, it is natural to want to do these things after a traumatic experience and if you have already done so, you can still have the exam and have any remaining evidence collected. You may want to bring a spare change of clothes with you to the hospital or healthcare facility where you’re going to have the exam because the clothing you wore during or immediately after the assault may be kept as evidence.

Further information about the medical exam collection process is available here: https://www.michigan.gov/voices4/0,9249,7-378-87516_87597—,00.html

 

What happens next after I make a report of sexual assault to Hillsdale College?

In all cases, the Hillsdale faculty or staff member who accepts your report will first ensure that you mental and physical health is addressed, by providing you access to any necessary supportive services, which can include counseling, medical treatment, meetings with the appropriate Dean to adjust class or exam schedules, or any other assistance you may require. Once your needs have been met, Hillsdale will begin the investigation process.

 

What if I don’t want an investigation of my claim and want it to remain confidential?

When the complaining person requests anonymity or that no investigation be initiated, the College will weigh the threat posed to the campus community, any aggravating factors (such as the involvement of weapons or drugs), other reports of sexual misconduct by the alleged respondent, and any other information relevant to the College’s duty to provide a safe environment. The College will honor such requests only when it is reasonable to do so under the circumstances. The College reserves the right to investigate, even if the complaining person does not request an investigation or seeks to remain confidential, where doing so is necessary to ensure the health and safety of the College community.

 

What will happen to me if I am accused of sexual misconduct?

The appropriate Dean will inform you of the report of sexual misconduct as soon after receiving the report as possible. At the time, the Dean will inform you of supportive services available to you, such as counseling or medical services, or assistance with class or exam schedules. The Dean will also explain any preventive measures that they have implemented, such as no-contact orders, class or housing modifications, or suspensions. The Dean will also explain the investigation process, and your rights throughout that process.

 

What is a no-contact order?

A no-contact order is an interim measure designed to prevent the accused student from having any contact with the complaining student while an investigation is ongoing, which is implemented where necessary under specific circumstances. Even if a formal no-contact order is not issued, in most cases, the Deans will advise both the complaining and the accused student to refrain from talking to or having any involvement with one another, outside of unavoidable classroom meetings. The Deans’ office can make arrangements to class schedules where necessary.

 

Who will conduct the investigation?

In all cases, the Deans’ office will oversee the investigation of sexual misconduct in coordination with the Office of the General Counsel. Most often, one of the Deans will investigate reports of sexual misconduct, but the College may refer certain cases to a neutral, third-party investigator when circumstances warrant, as determined in the College’s sole discretion.

 

What happens during the investigation process?

Once it has been determined that an investigation will proceed, the assigned investigator will begin an investigation first by taking a full statement from the person making report and the complaining student (if the student did not come forward individually). At this time, the Deans’ office will assess whether any preventive measures need to be taken to protect either the complaining student or the College community, such as a no-contact order, housing or class schedule modifications, or suspension pending investigation. The appropriate will meet with the accused person and inform the person of the complaint, the investigation, and available resources, as well as any preventive measures.

The assigned investigator will next interview any witnesses to the event, while gathering any physical evidence such as documents, text or email evidence, social media evidence, photos or videos, and any other information that can assist in determining what happened. The investigator will next interview the accused person, and continue to gather any relevant evidence available to that person. If there is an ongoing Hillsdale police investigation, the College may cooperate with the police in the sharing of evidence or information. Once all the facts are gathered, the College will make its determination as to whether or not the accused student violated the College’s policies.

 

How long will the investigation take?

In all cases, Hillsdale College will begin the investigation process immediately, during the same week that the Deans’ office receives the report. The investigation timing may vary depending on the facts in each particular case, including the number of witnesses to the event or surrounding events, the physical evidence involved, and the impact of any Hillsdale police department investigation.

 

Will I be notified of the results of the investigation?

In all cases, the Deans’ office will maintain regular contact with the involved students to ensure that the supportive services in place are assisting the student, to determine whether other assistance is required and to provide updates on the status of the investigation. Once a determination is made, both the complaining and the accused students will be informed of the results of the investigation on the same day. As with all aspects of a sexual assault investigation, the College considers such determinations confidential and will not disclose them outside of the College, except to the parties involved, where required by law, to implement any supportive or disciplinary measures, or for the anonymous reporting of sexual assault statistics.

 

If I make a report of sexual assault against a fellow student, what will happen to that person?

Based on the factual findings made by the assigned investigator, if the College finds a student responsible for violating any of the Regulations of Proper Student Conduct, the Honor Code, or any other Hillsdale policy, the Deans may impose any of the disciplinary measures outlined in the Procedure for Student Discipline. The Deans may take any other actions deemed necessary to eliminate the conduct, prevent its recurrence, and remedy its effects, while also protecting the Hillsdale College community. The Deans may also take all steps necessary to mitigate the impact of the violation(s) on the complaining student. Students who face discipline for sexual misconduct may appeal as outlined in the Procedure for Student Discipline.

 

What happens if I am accused of sexual misconduct and the report is not substantiated?

In the event that a report of sexual misconduct is unsubstantiated, the Deans’ office will end any interim measures taken against an accused student, and can offer assistance in communicating the findings to those who may know about the report, and who may have a need to know about its resolution. The Deans’ office and Health Services remain available to offer any assistance needed by either party.

 

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