About Sexual Misconduct

• Advocacy and Support

  Internal Support

  SMC students, faculty, and staff may contact any of the Title IX officers for assistance with the process of reporting, interim actions to protect the reporting person (including class removal, escorts, and on-campus no-contact orders), any legal process including Personal Protection Orders and Crime Reporting, and with help finding personal resources such as counseling. The same applies to those persons that have been accused of violating this policy. Our goal is to help provide options that allow the individual to continue to pursue their educational endeavors.

  Anonymous Advocacy

  Southwestern Michigan College has an official Memorandum of Understanding with Domestic and Sexual Abuse Services (DASAS). From any campus phone, you can dial extension 8880 (from outside lines you can call 269-783-8880) and this will automatically connect you with DASAS’s 24-hour anonymous reporting, advocacy, and support.

  DASAS provides well trained advocates for victims of all forms of sexual violence including Sexual Assault and Domestic Violence. Additionally, they also provide Emergency Shelter, Support Groups, and assistance with Personal Protection Orders.

• Expectation of Consent

  The expectations of our community regarding sexual conduct can be summarized as follows: In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing, and voluntary consent prior to and during sexual activity. Consent is sexual permission. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you want sexually and what you don’t. Once given, consent may be withdrawn. 

  Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence—without actions demonstrating permission—cannot be assumed to show consent.

  Additionally, there is a difference between seduction and coercion. Coercing someone into sexual activity violates this policy in the same way as physically forcing someone into sex. Coercion happens when someone is pressured unreasonably for sex.

  Because alcohol or other drug use can place the capacity to consent in question, sober sex is less likely to raise such questions. When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing. Under this policy, “No” always means “No,” and “Yes” may not always mean “Yes.” Anything but a clear, knowing, and voluntary consent to any sexual activity is equivalent to a “no.”

  You always have the right to say no even if:

  • You’ve been drinking
  • You’ve been flirting
  • You’ve been making out
  • You’ve had sex with the person before
  • You said “Yes” then changed your mind
• Sexual Misconduct Offenses

  If a report is received that fits one of the definitions below, it will be investigated under the Sexual Misconduct Policy in lieu of the Student Conduct Policy. Examples of these charges can be found in the full Sexual Harassment and Misconduct Policy.

  Sexual Harassment

  Sexual harassment is unwelcome, gender-based verbal, written, online, and/or physical conduct that is sufficiently severe, pervasive, or objectively offensive that it unreasonably interferes with, limits, or deprives someone of the ability to participate in or benefit from the college’s educational program and/or activities, employment, promotion, or emotional well-being on the job, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

  Non-consensual Sexual Contact

  Non-consensual sexual contact is any intentional sexual touching, however slight, with any body part or object, by a man or a woman upon a man or a woman that is without consent and/or by force. This includes the attempt to commit any of these acts.

  Non-consensual Sexual Intercourse

  Non-consensual sexual intercourse is any sexual intercourse however slight, with any object or body part, by a person upon another person that is without consent and/or by force. This includes the attempt to commit any of these acts.

  Sexual Exploitation

  Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit or to benefit or advantage anyone other than the one being exploited and when that behavior does not otherwise constitute one of the other sexual misconduct offenses. This includes the attempt to commit any of these acts.

  Other Gender-based Misconduct Offenses

  Other violations of the Southwestern Michigan College rules, policies, and Student Code of Conduct may fall under this policy when the parties involved are or have been in an intimate relationship with each other or their actions are sex- or gender-based. 

• Reporting Sexual Misconduct Violations

  Law Enforcement Involvement

  The college encourages anyone who has been the victim of sexual violence or potential criminal conduct to call 911 or contact local law enforcement (269 445-1560) as soon as it is safe to do so after an incident.

  Confidential Reporting

  If one desires that details of the incident be kept confidential, they should speak with a private counselor, members of the clergy and chaplains, or off-campus rape crisis resources who can maintain confidentiality. The college recommends contacting Domestic and Sexual Abuse Services at 1-800-828-2023. 

  Sexual Assault Hotline

  855-VOICES4 (855-864-2374)

  Survivors of sexual assault and their friends and family may call the toll-free Sexual Assault Hotline provided by the state of Michigan for confidential support and resources. The hotline is staffed 24/7 by professional crisis counselors with specialized training in crisis intervention, sexual assault, child sexual abuse, victim's rights, health options, and Michigan law. Hotline staff can help connect victims with community-based sexual assault programs that offer additional counseling, advocacy, and support.

  Formal Reporting Options

  You are encouraged to submit a Concerns Report or directly contact one of the Title IX Officers listed on the bottom of this page.

  You may also speak to officials of the institution to make formal reports of incidents (deans, vice presidents, or other administrators with supervisory responsibilities, campus security, and human resources). The college considers these people to be “responsible employees.” Notice to them is official notice to the institution.

  You have the right and can expect to have incidents of sexual misconduct to be taken seriously by the institution when formally reported and to have those incidents investigated and properly resolved through administrative procedures. Formal reporting means that only people who need to know will be told, and information will be shared only as necessary with investigators, witnesses, and the accused individual.

• Sexual Miscon