If you are looking for a Central Michigan Title IX lawyer after receiving a CMU notice, read it carefully and follow its instructions. This page gives general educational information only. It is not legal advice and does not create an attorney-client relationship. It is not affiliated with or endorsed by Central Michigan University. Nothing here should be used to delay or ignore any deadline stated in your notice.
Which Policy Version Applies to You
Central Michigan University addresses sexual and gender-based misconduct allegations under Policy 3-39. The web page and the linked PDF version both currently display an effective revision date of January 27, 2025. CMU’s policy states that the PDF controls if there is any conflict between the two.
The PDF’s file name contains "2024-08-01," but the document states January 27, 2025 as the effective date of this revision. Because policies are revised over time, the version that applies to a particular student may depend on when the alleged incident occurred and the policy’s own applicability terms, not simply on whichever version is posted today. Ask the Office of Civil Rights and Institutional Equity (OCRIE) in writing to confirm which version of Policy 3-39 governs your matter and how the allegation has been classified.
Report vs. Formal Complaint
Policy 3-39 draws a distinction between a report and a formal complaint, and it separately distinguishes Title IX allegations from other sexual or gender-based misconduct covered by the same policy. Not every report results in a formal complaint, an investigation, or a hearing. OCRIE may discuss supportive measures before or apart from a formal complaint process. Its next steps depend on the report and the applicable policy.
Because the classification of your specific matter affects which procedures, timelines, and rights apply, do not assume your case will follow the same path as a case you’ve heard about from someone else. OCRIE’s Title IX and sexual/gender-based misconduct page and its policy FAQ provide additional background, but they should be read alongside the current policy text, not as a substitute for it.
Early Steps After Receiving Notice
If you have received notice of an allegation, consider these steps early:
- Preserve everything. Keep the notice itself, note the date and method you received it, and preserve any related messages, documents, or other evidence in your possession.
- Identify the allegation and route. Determine, if possible, whether the matter is being handled as a Title IX allegation or under the policy’s other sexual/gender-based misconduct provisions, since procedures differ.
- Ask OCRIE in writing to confirm the operative policy version, the classification of the allegation, and the specific deadlines that apply to your matter, including any extensions already granted.
- Consider an advisor early if you want one, since advisor roles differ depending on the type of hearing (discussed below).
- Do not ignore or delay responding to any notice, deadline, or request for information from OCRIE, even while you are still gathering facts.
Investigation and Evidence Review
Under Policy 3-39, once a draft investigative report is prepared, OCRIE makes it available to the parties for at least ten calendar days so they can review it and respond to the evidence gathered. If a revised report is later issued and the policy’s conditions for a further review period are met, an additional review period may be provided.
After the review process concludes, the policy calls for OCRIE to provide the final report ten calendar days before any hearing. This is separate from the draft-report review period, and it is measured in calendar days, not business days. Do not assume a hearing will occur in every case; not every complaint proceeds to that stage.
Because these review periods are tied to when documents are actually issued to you, and because extensions can affect the calculation, confirm exact dates directly with OCRIE rather than estimating them from a general description like this one.
Advisor and Hearing Roles
Students may choose an advisor to assist them through the process. The advisor’s role at a hearing depends on which type of hearing applies:
- Title IX hearings: the student’s advisor conducts cross-examination of the other party and of witnesses. The student does not personally cross-examine anyone.
- Non-Title-IX hearings (other sexual or gender-based misconduct under Policy 3-39): the advisor supports and advises the student but does not actively participate in the hearing. The policy describes the party, rather than the advisor, asking questions of the other party and witnesses in this route.
This distinction is confirmed in OCRIE’s glossary of sexual/gender-based misconduct terms. Because the rules differ from CMU’s general Student Conduct process, do not rely on CMU’s ordinary student conduct FAQ materials to understand advisor or appeal rules in an OCRIE Policy 3-39 matter. They are different processes with different rules.
Supportive Measures and Emergency Removal
OCRIE can arrange supportive measures. Emergency removal is a separate action under the policy, with its own conditions and appeal route. Neither a supportive measure nor emergency removal is, by itself, a finding that a student violated Policy 3-39. If either affects you, ask OCRIE for the written basis, duration and applicable review instructions.
Appeals
Either party may appeal certain OCRIE determinations, an emergency removal, or a dismissal, on the grounds listed in Policy 3-39. According to the policy, a written appeal to the Title IX Coordinator is due within five business days of issuance of the decision being appealed.
This five-business-day appeal deadline is a separate time unit and a separate trigger from the ten-calendar-day report review periods described above. Do not calculate your own appeal deadline without your actual written notice, any extensions that may have been granted, and confirmation of which policy version and decision date apply to you. Sanction appeals have their own separate scope and should not be treated the same as an appeal of the underlying merits determination. If you receive a decision, read the appeal instructions in that decision carefully and promptly, and contact OCRIE with any questions about how the deadline applies to your situation.
Frequently Asked Questions
Does every report against a student lead to an investigation?
No. Policy 3-39 distinguishes reports from formal complaints, and not every report results in an investigation or hearing. What happens next depends on the classification of the matter and other factors specific to it.
How long do I have to review the investigative report before a hearing?
The draft investigative report is available for at least ten calendar days for review and response. The policy calls for the final report to be provided ten calendar days before any hearing. These are two distinct periods.
Can I ask the other party questions myself?
In a Title IX hearing, your advisor conducts cross-examination on your behalf. In a non-Title-IX hearing under Policy 3-39, the advisor supports you but does not actively participate, while the policy describes the party asking questions. Confirm the route and hearing instructions in your notice.
How long do I have to file an appeal?
Written appeals to the Title IX Coordinator are due within five business days of issuance of the decision being appealed. Confirm the exact issuance date and any extensions with OCRIE before relying on your own calculation.
Which version of Policy 3-39 applies to my case?
That depends on when the alleged incident occurred and the policy’s applicability terms. Ask OCRIE in writing to confirm the operative version for your matter.
Are supportive measures the same as a finding against me?
No. Supportive measures and emergency removal are separate from, and do not determine, any eventual finding of responsibility.
Next Step
If you would like to discuss your situation with a firm that works on Title IX and campus misconduct matters, you can contact us as a voluntary next step. This is optional, and reaching out to a firm does not replace your obligation to respond to CMU’s own notices and deadlines.
