TITLE IX

Title IX of the Education Amendments of 1972 (“Title IX”) protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Motion Picture Institute not only complies with the letter of Title IX’s requirements but also endorses the law’s intent and spirit. The Institution is committed to compliance in all areas addressed by Title IX, including access to higher education, career education, math and science, standardized testing, athletics, education for pregnant and parenting students, learning environment, and technology, as well as sexual harassment.

The purpose of this policy is to ensure that the Institution’s policies are applied and interpreted in ways consistent with Title IX and other applicable law.

It is the policy of the Institution to provide educational, preventative and training programs regarding sexual or gender-based harassment; to encourage reporting of incidents; to prevent incidents of sexual and gender-based harassment from denying or limiting an individual’s ability to participate in or benefit from the Motion Picture Institute’s programs; to make available timely services for those who have been affected by discrimination; and to provide prompt and equitable methods of investigation and resolution to stop discrimination, remedy any harm, and prevent its recurrence. Violations of this policy may result in the imposition of sanctions up to, and including, termination, dismissal, or expulsion, as determined by the appropriate officials at the Motion Picture Institute.

DISCRIMINATION

Motion Picture Institute prohibits discrimination and harassment based on race, color, creed, religion, sex, gender, national origin, citizenship, ethnicity, marital status, age, disability, sexual orientation, gender identity and gender expression, genetic information, veteran status, or any other status protected by applicable law to the extent prohibited by law.

Motion Picture Institute’s TITLE IX Officer

Motion Picture Institute appoints Title IX Officers. The Institution’s Title IX Officer is:

Karen Nocita, Title IX Coordinator

2040 Crooks Rd, Ste. B

Troy, Michigan 48084

248-528-1760

sexual harrassment

Motion Picture Institute defines sexual harassment as unwelcome behavior of a sexual nature that relates to the gender or sexual identity of an individual and that has the purpose or effect of creating an intimidating, offensive or hostile environment for study. This policy applies to all interactions between students and Motion Picture Institute’s faculty members and other faculty, staff, and administrative personnel, and other students.

Conduct alleged to be sexual harassment will be evaluated by considering the totality of the particular circumstances, including the nature, frequency, intensity, location, context, and duration of the questioned behavior. Repeated incidents or a pattern of harassing behavior may be cause for serious corrective action. However, a more serious incident, even if isolated, may be sufficient cause for action under this policy including referral to law enforcement when applicable.

Quid pro quo sexual harassment can occur whether a person resists and suffers the threatened harm, or the person submits and avoids the threatened harm. Both situations could constitute discrimination on the basis of sex. A hostile environment can be created by persistent or pervasive conduct or by a single severe episode. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment. Sexual violence, including rape, sexual assault, and domestic and dating violence, is a form of sexual harassment. In addition, the following conduct may violate this policy:

1. Observing, photographing, videotaping, or making other visual or auditory records of sexual activity or nudity, where there is a reasonable expectation of privacy, without the knowledge and consent of all parties.

2. Sharing visual or auditory records of sexual activity or nudity without the knowledge and consent of all recorded parties and recipients.

3. Sexual advances, whether or not they involve physical touching.

4. Commenting about or inappropriately touching an individual’s body.

5. Requests for sexual favors in exchange for actual or promised job benefits, such as favorable reviews, salary increases, promotions, increased benefits, or continued employment.

6. Lewd or sexually suggestive comments, jokes, innuendoes, or gestures.

7. Stalking

Other verbal, nonverbal, graphic, or physical conduct may create a hostile environment if the conduct is sufficiently persistent, pervasive, or severe so as to deny a person equal access to Motion Picture Institute’s programs or activities. Whether the conduct creates a hostile environment may depend on a variety of factors, including: the degree to which the conduct affected one or more person’s education or employment; the type, frequency, and duration of the conduct; the relationship between the parties; the number of people involved; and the context in which the conduct occurred.

Unwelcome Conduct

Conduct is unwelcome if a person (1) did not request or invite it and (2) regarded the unrequested or uninvited conduct as undesirable or offensive. That a person welcomes some sexual contact does not necessarily mean that person welcomes other sexual contact. Similarly, that a person willingly participates in conduct on one occasion does not necessarily mean that the same conduct is welcome on a subsequent occasion.

Whether conduct is unwelcome is determined based on the totality of the circumstances, including various objective and subjective factors. The following types of information may be helpful in making that determination: statements by any witnesses to the alleged incident; information about the relative credibility of the parties and witnesses; the detail and consistency of each person’s account; the absence of corroborating information where it should logically exist; information that the Respondent has been found to have harassed others; information that the Complainant has been found to have made false allegations against others; information about the Complainant’s reaction or behavior after the alleged incident; and information about any actions the parties took immediately following the incident, including reporting the matter to others.

In addition, when a person is so impaired or incapacitated as to be incapable of requesting or inviting the conduct, conduct of a sexual nature is deemed unwelcome, provided that the Respondent knew or reasonably should have known of the person’s impairment or incapacity. The person may be impaired or incapacitated as a result of drugs or alcohol or for some other reason, such as sleep or unconsciousness. A Respondent’s impairment at the time of the incident as a result of drugs or alcohol does not, however, diminish the Respondent’s responsibility for sexual or gender-based harassment under this policy.

Gender-based Harrassment

Gender-based harassment is verbal, nonverbal, graphic, or physical aggression, intimidation, or hostile conduct based on sex, sex-stereotyping, sexual orientation or gender identity, but not involving conduct of a sexual nature, when such conduct is sufficiently severe, persistent, or pervasive that it interferes with or limits a person’s ability to participate in or benefit from Motion Picture Institute’s education or work programs or activities. For example, persistent disparagement of a person based on a perceived lack of stereotypical masculinity or femininity or exclusion from an activity based on sexual orientation or gender identity also may violate this policy.

Investigations of Complaints

A complaint that a student, staff or faculty member has committed sexual harassment or engaged in nonconsensual sexual activity may be made to the Title IX Compliance Officer, or a staff or faculty member. Motion Picture Institute will conduct an investigation, as appropriate under the circumstances.

The investigative process involves interviewing the parties involved and any witnesses while gathering documentary or other evidence. In cases involving alleged criminal conduct, the complainant may file a criminal complaint with the local police department. A complainant need not pursue a criminal complaint in order to seek or to hold the accused responsible through Motion Picture Institute’s Student Code of Conduct. As soon as possible, the complainant and the accused will be offered appropriate assistance, and our Title IX officer will be contacted if course adjustments are required.

Based on the outcome of the investigation, the Title IX Officer or their designee will determine if there is sufficient cause to proceed with the complaint. If so, the Title IX Officer or their designee will arrange for an informal resolution conference with the accused. (Complainants do not attend informal resolution meetings but are apprised of the meeting’s outcome.) If the accused does not accept responsibility for the allegations and/or the proposed sanction, the Title IX Officer or their designee will determine if the evidence warrants a formal hearing before a Grievance Committee.

The exact nature of the responsive action depends on the circumstances, but may include discipline up to and including suspension or dismissal from the Institution for a student, staff or faculty who is found to have violated Institutional policies.

Implementing Provisions/Policies

The Institution will take appropriate action (i.e., an investigation, adjudication and disciplinary and remedial/corrective steps) in response to a complaint made pursuant to the complaint policies/procedures listed above. The Institution will make every effort to handle complaints and investigations with sensitivity to both the rights of the person who complains and the rights of the accused.

The Institution handles complaints discreetly and attempts to maintain privacy throughout the investigative process, to the extent practicable and appropriate under the circumstances. However, in order to conduct an investigation, it is generally necessary to discuss the allegations with the accused and other potential witnesses. Additionally, the institution may have legal obligations to disclose information to law enforcement or in the context of legal proceedings.

Complaints may be made anonymously. While the Institution endeavors to investigate all complaints, including anonymous complaints, the nature of anonymous complaints makes investigation, determination, and remediation more difficult and, at times, impossible. Further, while the Institution attempts to protect the identity of complainants who do not wish to be identified, this may not always be possible.

In appropriate cases as determined by Motion Picture Institute, conflict resolution may be possible. This is permitted only where both the complainant and accused voluntarily agree to participate, and either party may terminate informal resolution attempts and commence formal Grievance procedures at any time prior to reaching a mutually acceptable resolution. Depending on the circumstances, a mediated resolution may not necessarily involve face-to-face discussions between the complainant and the accused. Certain cases are not appropriate for conflict resolution, such as complaints of particularly egregious sexual harassment or cases involving sexual assault or violence.

Occasionally, an individual makes a complaint and later wishes to revoke or discontinue the investigation or adjudication process. Similarly, it may occur that someone other than the victim reports an incident, and the victim declines to participate in the investigation or adjudication process. In other instances, complaints may be received anonymously and/or the victim may not wish to be personally identified. The Institution endeavors to respect the wishes of a victim to either not be identified and/or not participate in the process. In these situations, Motion Picture Institute attempts to investigate and address complaints in accordance with the victim’s wishes.

If a victim wishes to talk about an incident with the assurance that the discussion will be confidential and will not result in an investigation or follow up action, the Institution offers confidential resources through the President. Contact with the President that does not result in a complaint being filed with the institution or result in action being taken by the institution. Anyone wishing to have an incident investigated, mediated or adjudicated must make a complaint either orally or in writing in accordance with the procedures described above.

In determining whether sex discrimination, sexual harassment or sexual misconduct occurred, Motion Picture Institute does not apply the criminal standard of “beyond a reasonable doubt,” nor do formal court rules of evidence apply. Instead, the institution uses a “preponderance of the evidence” standard, and Motion Picture Institute may consider any evidence it deems relevant. A “preponderance of the evidence” means the evidence which is of greater weight or is more convincing than opposing evidence such that it is “more likely than not” that an act occurred.

If the applicable investigative or adjudication process allows for parties to offer witnesses and evidence, the complainant and the accused will have an equal opportunity to do so. The complainant and the accused will be informed in writing of the outcome of the complaint, to the extent permitted by law. An accused that is a student may appeal the outcome to an impartial decision maker. An employee who is deemed guilty shall have whatever rights granted under law. The particular method and grounds for appeal are explained in the student policies listed above.

Motion Picture Institute will, upon written request, disclose to the alleged victim of a crime of violence (see definition below), or a non-forcible sex offense, the results of any disciplinary hearing conducted by the college against the student who is the alleged perpetrator of the crime or offense. If the alleged victim is deceased as a result of the crime or offense, Motion Picture Institute will provide the results of the disciplinary hearing to the victim’s next of kin, if so requested.

§ 16. Crime of violence defined. The term ‘‘crime of violence’’ means— (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

Motion Picture Institute endeavors to resolve complaints promptly. Ordinarily, the investigative stage will take no longer than 60 calendar days from the time the complaint is received. In exceptional circumstances (including but not limited to especially complex cases or when the Institution is not in session), it may be necessary to extend these timelines. If that occurs, the parties will be informed of the expected timeline for completion.

Motion Picture Institute prohibits retaliation against any individual who in good faith makes a complaint of sex discrimination, sexual harassment, or sexual misconduct or participates as a witness in a proceeding under this or any other School policy. Retaliation is also unlawful pursuant to Title IX and other laws.

Compliance with the provisions of the changes that VAWA made to the Clery Act does not constitute a violation of the Family Educational Rights and Privacy Act (FERPA)

A STATEMENT OF CURRENT POLICIES CONCERNING THE SEXUAL ASSAULT PREVENTION PROGRAM AND THE PROCEDURES THAT ARE FOLLOWED

The new Campus Sexual Violence Elimination Act of 2013 (SaVE Act) requires schools to educate students, staff, and faculty on the prevention of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking. As part of Motion Picture Institute’s compliance with the SaVE Act requirements for prevention and awareness programs that address the specified areas above, the institution has several relevant brochures available on display at the front desk. These brochures are from nationally recognized organizations and include awareness and preventive information. These brochures also include help hotlines related to these specific topics.

Male Victims

While most victims of sexual assault are women, some men are also victims and will be treated the same as a female victim and have the same rights, resources and access to help.

Institutional Notice of Petitioner’s Rights Under the Violence Against Women Act

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Motion Picture Institute not only complies with the letter of Title IX’s requirements but also endorses the law’s intent and spirit. The Institution is committed to compliance in all areas addressed by Title IX including access to higher education, career education, education for pregnant and parenting students, learning environment, and technology, as well as sexual harassment.

Sexual harassment and sexual violence are types of sex discrimination. Other acts can also be forms of sex-based discrimination and include dating violence, domestic violence, sexual assault and stalking. As such should you report a form of sex-based discrimination, Motion Picture Institute wants to inform you of our policy and procedures that address sexual assault, domestic violence, dating violence, and stalking, whether the incident occurs on or off campus as well as your rights, and the institution’s responsibilities.

As a petitioner of sexual assault, dating violence, domestic violence or stalking, you will receive a full copy of our institution’s Title IX Policy. This policy has procedures in place that serve to be sensitive to those who report sexual assault, domestic violence, dating violence, and stalking. These procedures include our right to inform you of your rights to file criminal charges as well as the availability of medical, counseling, and support services. We also offer additional remedies to prevent contact between a complainant and an accused party. The policy also addresses possible sanctions and interim and/or long-term protective measures that Motion Picture Institute may impose.

Definitions

Consent is defined as “intelligent, knowing, and voluntary consent and does not include coerced submission. Consent shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.” In Michigan consent is not specifically defined. The standard used in the sexual assault statutes is whether the accused used “force or coercion to accomplish the sexual [act].” Mich. Comp. Laws. Ann. § 750.520b – e.

Sexual Assault is defined as an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

Sexual violence includes any one incident of:

1. Sexual battery, as defined in a lewd or lascivious act, as defined in upon in the presence of a person younger than 16 years of age.

2. Luring or enticing a child, as described in Michigan Penal Code § 750.145a

3. Sexual performance by a child, as described in Mich. Comp. Laws. Ann. § 750.520b – e.

4. Any other forcible felony wherein a sexual act is committed or attempted regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney.

Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person cohabitating with or has cohabitated with the victim as a spouse, or by 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.

Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member of another family or household member. A family or household member means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Dating Violence means violence committed by a person—

1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

2. where the existence of such a relationship will be determined based on a consideration of the following factors:

a. The length of the relationship

b. The type of relationship

c. The frequency of interaction between the persons involved in the relationship

Dating violence means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:

1. A dating relationship must have existed with in the past 6 months.

2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties.

3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time, and on a continuous basis during the course of the relationship.

The term does not include violence in a casual acquaintanceship or violence between individuals who have engaged in ordinary fraternization in a business or social context.

Stalking means 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.

“Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety, or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.

“Cyber stalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. A person who willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in Mich. Penal Code Section § 750.411h. A person who willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in Mich. Penal Code Section § 750.411h.

Bystander Intervention A bystander is someone other than the victim who is present when an act of dating violence, domestic violence, stalking, or sexual assault is occurring or when a situation is occurring in which a reasonable person feels as though some protective action is required to prevent sexual assault, dating violence, domestic violence, or stalking. Bystanders, if active, can prevent harm or intervene before a situation gets worse.

Reporting sexual assault, dating violence, domestic violence, or stalking. After an incident of sexual assault or domestic violence, the victim should consider seeking medical attention as soon as possible at a local hospital that will supply a physical evidence recovery collection kit. In Michigan, evidence may be collected even if you chose not to make a report to law enforcement. A victim’s name and identifying information will be withheld from the public and press in accordance with the Public Records Law. It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where they were assaulted if the offense occurred within the past 96 hours so that evidence as may be necessary to the proof of criminal activity may be preserved. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease.

Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful to the Institution’s hearing boards/investigators or police. Although the institution strongly encourages all members of its community to report violations to law enforcement, it is the victim’s choice whether or not to make such a report, and victims have the right to decline involvement with the police.

Make a Report

To report an incident involving a sexual assault, domestic violence, stalking or dating violence, contact:

Douglas Schulze, President, CSA

2040 Crooks Rd. Ste. B
Troy, Michigan 48084
248-528-1760
doug@motionpicture.edu

Karen Nocita, Title IX coordinator

2040 Crooks Rd, Ste. B
Troy, Michigan 48084
248-528-1760
karen.nocita@motionpicture.edu

The purpose and authority of the institution staff is limited to the enforcement of campus rules and regulations. Incidents that go beyond this scope are referred and investigated by the City of Troy Police Department.

City of Troy Police Department

500 W. Big Beaver Rd.
Troy, Michigan 48084
248-524-3477
troypolice@troymi.gov

A victim of domestic violence, dating violence, sexual assault or stalking has the following rights:

1. A law enforcement officer who investigates an alleged sexual battery shall:

(a) Assist the victim in obtaining medical treatment, if medical treatment is necessary as a result of the alleged incident, a forensic examination, and advocacy and crisis-intervention services from a certified rape crisis center and provide or arrange for transportation to the appropriate facility.

(b) Advise the victim that he or she may contact a certified rape crisis center from which the victim may receive services.

(c) Prior to submitting a final report, permit the victim to review the final report and provide a statement as to the accuracy of the final report.

2. The law enforcement officer shall give the victim immediate notice of the legal rights and remedies available to a victim on a standard form developed and distributed in conjunction with the City of Troy Police Department. The notice will include the resource listing, including telephone number, for the area certified rape crisis center as designated by the State.

A person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence on his or her own behalf, or on behalf of the minor child if:

1. The person has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney; or

2. The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent’s term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.

Further, the Institution complies with State law in recognizing orders of protection for dating violence, domestic violence, repeat violence, and sexual violence. Any person who obtains an order of protection from the State or any reciprocal state should provide a copy to the Title ix Coordinator or school President/CSA. A petitioner should then meet with Title ix Coordinator to develop a Safety Action Plan, which is a plan to reduce risk of harm while on campus, or coming and going from campus. This plan may include, but is not limited to: escorts, special parking arrangements, or other measures to assist the petitioner.

Below are details on how to file a restraining order:

1. Prepare a petition and file the petition with county clerk.

a. Petition includes information on the petitioner and respondent, such as, address, employment, children, and description of the respondent.

b. Allegation

1) Must be described in detail

2) Relationship to the respondent

3) Dates of incidents

c. Reviewed by Judge immediately

1) If requirements are met

2) Judge will grant a temporary restraining order

3) Restraining order will be valid for 15 days

4) Once order is served to the respondent it will be valid and enforceable

5) Once serviced make sure that the sheriff or police add it into the Law Enforcement Information Network (LIEN).

2. Court Hearing

a. Scheduled 15 days after filing.

b. Hearing will be extended 15 days if respondent cannot be found. (Temporary restraining order will not be valid or enforceable until respondent is served.)

c. Gather witnesses, and any other evidence to present to the Judge.

d. All documents must be certified under State Rules of Evidence, or a live witness must testify at the hearing to document authenticity of the documents.

e. Evidence must relate to the allegation on the petition.

3. Hearing

a. Respondent does not appear at hearing.

1) Petitioner allowed to present evidence.

2) Ruling will be based on evidence presented.

b. Respondent appears at hearing.

1) Respondent can object to evidence which is based on State Rules of Evidence.

2) Respondent can cross-examine witnesses and the petitioner.

c. Petitioner will rest their case.

d. Respondent can introduce evidence.

e. Judge Rules on:

1) Custody (if required)

2) Visitation (if required)

3) Restraining Order can be for a certain time period or indefinitely.

4) Judge can also deny petition.

5) At any time either the petitioner or respondent can file to remove the Restraining Order.

The Hearing is considered a trial and is applicable to State Rules of Evidence. Non-authenticated statements and hearsay are not allowable at the hearing.

To the extent of the victim’s cooperation and consent, all Institutional offices will work cooperatively to ensure that the petitioner’s health; physical safety, work and academic status are protected, pending the outcome of a formal Institution investigation of the complaint. Additionally, personal identifiable information about the victim will be treated as confidential and only shared with persons with a specific need to know who are investigating/adjudicating the complaint or delivering resources or support services to the complainant. The Institution does not publish the name of crime victims nor publish any identifiable information regarding victims in the crime logs.

Disciplinary Procedures Following a Complaint

The investigative process involves interviewing the parties involved and any witnesses while gathering documentary or other evidence. In cases involving alleged criminal conduct, the complainant may file a criminal complaint with the local police department. A complainant need not pursue a criminal complaint in order to seek, or to hold the accused responsible through the Institution’s Student Code of Conduct. As soon as possible, the complainant will be offered appropriate assistance.

Based on the outcome of the investigation, the assigned Title IX Officer or their designee will determine if there is sufficient cause to proceed with the complaint. If so, the Title IX Officer or the designee will arrange for an informal resolution conference with the accused. Complainants do not attend informal resolution meetings but are apprised of the meeting’s outcome. If the accused does not accept responsibility for the allegations and/or the proposed sanction, the Title IX Officer or their designee will determine if the evidence warrants a formal hearing before the Grievance Committee. The exact nature of the responsive action depends on the circumstances, but may include discipline up to and including suspension or dismissal from Motion Picture Institute for a student, staff or faculty who is found to have violated Institutional policies.

Motion Picture Institute will take appropriate action i.e., an investigation, adjudication and disciplinary and remedial/corrective steps in response to a complaint made pursuant to the complaint policies/procedures listed above. Motion Picture Institute will make every effort to handle complaints and investigations with sensitivity to both the rights of the person who complains, and the rights of the accused.

Motion Picture Institute handles complaints discreetly and attempts to maintain privacy throughout the investigative process, to the extent practicable and appropriate under the circumstances. However, in order to conduct an investigation, it is generally necessary to discuss the allegations with the accused and other potential witnesses. Additionally, Motion Picture Institute may have legal obligations to disclose information to law enforcement or in the context of legal proceedings.

Complaints may be made anonymously. While Motion Picture Institute endeavors to investigate all complaints, including anonymous complaints, the nature of anonymous complaints makes investigation, determination, and remediation more difficult and, at times, impossible. Further, while Motion Picture Institute attempts to protect the identity of complainants who do not wish to be identified, this may not always be possible.

In appropriate cases as determined by Motion Picture Institute, conflict resolution may be possible. This is permitted only where both the complainant and accused voluntarily agree to participate, and either party may terminate informal resolution attempts and commence formal Grievance procedures at any time prior to reaching a mutually acceptable resolution. Depending on the circumstances, a mediated resolution may not necessarily involve face-to-face discussions between the complainant and the accused. Certain cases are not appropriate for conflict resolution, such as complaints of particularly egregious sexual harassment or cases involving sexual assault or violence.

Occasionally, an individual makes a complaint and later wishes to revoke or discontinue the investigation or adjudication process. Similarly, it may occur that someone other than the victim reports an incident, and the victim declines to participate in the investigation or adjudication process. In other instances, complaints may be received anonymously and/or the victim may not wish to be personally identified. Motion Picture Institute endeavors to respect the wishes of a victim to either not be identified and/or not participate in the process. In these situations, Motion Picture Institute attempts to investigate and address complaints in accordance with the victim’s wishes.

If a victim wishes to talk about an incident with the assurance that the discussion will be confidential and will not result in an investigation or follow up action, Motion Picture Institute will also proceed in this regard.

In determining whether sex discrimination, sexual harassment or sexual misconduct occurred, Motion Picture Institute does not apply the criminal standard of “beyond a reasonable doubt,” nor do formal court rules of evidence apply. Instead, Motion Picture Institute uses a “preponderance of the evidence” standard, and the Institution may consider any evidence it deems relevant. A “preponderance of the evidence” means the evidence which is of greater weight, or is more convincing than opposing evidence such that it is “more likely than not” that an act occurred.

If the applicable investigative or adjudication process allows for parties to offer witnesses and evidence, the complainant and the accused will have an equal opportunity to do so. The complainant and the accused will be informed in writing of the outcome of the complaint, to the extent permitted by law. An accused that is a student may appeal the outcome to an impartial decision maker. An employee who is deemed guilty shall have whatever rights the law grants. The particular method and grounds for appeal are explained in the student policies listed above.

Motion Picture Institute endeavors to resolve complaints promptly. Ordinarily, the investigative stage will take no longer than 60 calendar days from the time the complaint is received. In exceptional circumstances (including but not limited to especially complex cases, or when Motion Picture Institute is not in session), it may be necessary to extend these timelines. If that occurs, the parties will be informed of the expected timeline for completion.

Motion Picture Institute prohibits retaliation against any individual who in good faith makes a complaint of sex discrimination, sexual harassment, or sexual misconduct or participates as a witness in a proceeding under this or any other Institution policy. Retaliation is also unlawful pursuant to Title IX and other laws.

Motion Picture Institute engages in educational programming to prevent domestic violence, dating violence, sexual assault and stalking. Educational programming consists of primary prevention and awareness programs for all incoming students and new employees and ongoing awareness and prevention campaigns for students and faculty that:

1. Identifies domestic violence, dating violence, sexual assault and stalking as prohibited conduct;

2. Defines what behavior constitutes domestic violence, dating violence, sexual assault, and stalking;

3. Defines what behavior and actions constitute consent to sexual activity in the State of Michigan.

4. Provides safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than the bystander;

5. Provides information on risk reduction so that students and employees may recognize warning signs of abusive behavior and how to avoid potential attacks.

6. Provides an overview of information contained in the Annual Security Report in compliance with the Clery Act.

This educational campaign will consist of but not be limited to the distribution of educational materials to new students, participating in and presenting information and materials during student/employee orientation and through newsletters among other means of distribution through the year. The President and Title ix Coordinator also have a directory of services that are available to victims within the community to assist those who have suffered from a criminal act.

Risk Reduction/Warning Signs of Abusive Behavior

No victim is ever to blame for being assaulted or abused. Unfortunately, a person who is the victim of sexual or dating violence is more likely to be re-victimized. Below are some tips to help reduce your risk, to recognize warnings signs of abusive behavior and how to avoid potential attacks.

Warning Signs of Abusive Behavior

Domestic and dating abuse often escalates from threats and verbal abuse to violence. And, while physical injury may be the most obvious danger, the emotional and psychological consequences of domestic and dating violence are also severe. Warning signs of dating and domestic violence include:

1. Being afraid of your partner.

2. Constantly watching what you say to avoid a “blow up.”

3. Feelings of low self-worth and helplessness about your relationship.

4. Feeling isolated from family or friends because of your relationship.

5. Hiding bruises or other injuries from family or friends.

6. Being prevented from working, studying, going home, and/or using technology (including your cell phone.)

7. Being monitored by your partner at home, work, or school.

8. Being forced to do things you don’t want to do.

Help Reduce Your Risk and Avoid Potential Attacks

If you are being abused or suspect that someone you know is being abused, speak up or intervene.

1. Learn how to look for “red flags” in relationships so you can learn to avoid some of those characteristics in future partners.

2. Consider making a report with the Title ix Coordinator and/or Campus President and ask for a “no contact” directive from Motion Picture Institute to prevent future contact.

3. Consider getting a protective order or stay away order.

4. Learn more about what behaviors constitute dating and domestic violence, understand it is not your fault, and talk with friends and family members about ways you can be supported.

5. Trust your instincts—if something doesn’t feel right in a relationship, speak up or end it.

Sexual Assault Prevention (From Rape, Abuse and Incest National Network – RAINN)

  • Try not to leave your drink unattended.
  • Only drink from un-opened containers, or from drinks you have watched being made and poured.
  • Cover your drink. It is easy to slip in a small pill even while you are holding your drink. Hold a cup with your hand over the top, or choose drinks that are contained in a bottle and keep your thumb over the nozzle.
  • If you feel extremely tired or drunk for no apparent reason, you may have been drugged.
  • Find your friends and ask them to leave with you as soon as possible.
  • If you suspect you have been drugged, go to a hospital and ask to be tested.
  • Keep track of how many drinks you have had.
  • Try to come and leave with a group of people you trust.
  • Avoid giving out your personal information (phone number, where you live, etc.). If someone asks for your number, take his/her number instead of giving out yours.

Traveling around campus

  • Make sure your cell phone is easily accessible and fully charged.
  • Take major, public paths rather than less populated shortcuts.
  • Avoid dimly lit places and talk to campus services if lights need to be installed in an area.
  • Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.
  • Carry a noisemaker on your keychain.
  • Carry a small flashlight on your keychain.

Motion Picture Institute has a sexual assault prevention program that includes, but is not limited to the following:

  • If an assault occurs, notify the Campus President and/or Title ix Coordinator immediately
  • Do not disturb the crime scene
  • Notify local law enforcement officials
  • Secure counseling for the victim
  • Change the academic schedule and/or living situation (on campus housing) if victim requests

Disciplinary actions include dismissal from Motion Picture InstituteThe nature of sexual assault, particularly when perpetrated by an acquaintance, makes it difficult for many survivors to report their experience. For this reason, the local Shelters and Women’s Service Centers are primary places where individuals may seek assistance in complete confidentiality.

Important Phone Numbers

Oakland County HAVEN
(248)334-1274(24-hour Crisis & Support)
(877)922-1274(toll free)
(248)972-2540TTY

Turning Point, Inc.
(586)463-6990(24-hour crisis line)
(586)463-4430(Business and Counseling)
(586)463-1771(fax)

Children’s & Adult Protective Services
Michigan Department of Health & Human Services
(855)444-3911 (24/7 hotline)

Common Ground Sanctuary
24-hour crisis hotline
(800)231-1127

YWCA Interim House
(313)861-5300

National Domestic Violence Hotline
(800)799-SAFE(7233) (toll free)
(800)787-3224TTY (toll free)

National Sexual Assault Hotline
(800)656-HOPE(4673)

National Suicide Prevention Lifeline
(800)273-TALK(8255) (24/7 hotline)

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