Title IX and Campus Security Authority Report
According to federal law, Grand Valley Police Department is required to report statistics concerning the occurrence of certain criminal offenses reported to the University Police or any Campus Security Authority. Some criminal offenses must also be reported to the University Title IX Office.
We are required to report offenses that occur on campus, in residential facilities, in non-campus property utilized by the institution and on public property adjacent to the campus.
Title IX Report
Report the following types of incidents to Title IX
- Sexual Assault (fondling, statutory rape, incest)
- Rape
- Dating/Domestic Violence (Intimate Partner Violence)
- Stalking
- Sexual Exploitation
- Retaliation
- Discrimination/Harassment
(see below for definitions)
CSA Report
Report the following types of incidents to GVPD
- murder/non-negligent manslaughter
- manslaughter by negligence
- robbery
- aggravated assault (non-domestic)
- burglary
- motor vehicle theft
- arson
- liquor law violations
- drug violations
- illegal weapons possession
- hate crimes
(see below for definitions)
IN CASE OF AN EMERGENCY, DIAL 911. DO NOT USE THESE FORMS TO REPORT AN EMERGENCY.
Incident Type Definitions
Please use the following definitions when choosing the appropriate incident type on the Incident Report Form:
An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)
Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with the consideration of the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.
- Dating violence includes, but is not limited to sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of Domestic Violence.
The University Interim Policy Prohibiting Harassment, Discrimination, Retaliation, & Sexual Misconduct (Including Sexual Assault, Intimate Partner Violence, Stalking & Sexual Exploitation) definition of dating violence: Dating Violence is any act of violence committed by a person who is, or has been, in a social relationship of a romantic or intimate nature with the victim that does not fall within the definition of “domestic violence.”
- Dating violence includes, but is not limited to, sexual or physical abuse or assault or the threat of such abuse or assault.
- For the purposes of determining Intimate Partner Violence, whether the relationship is of a romantic or intimate nature is determined by a variety of factors, including: (a) the length of the relationship, (b) the type of relationship, and (c) the frequency of interaction between the persons involved in the relationship.
- A relationship of a romantic or intimate nature means a relationship that is characterized by the expectation of affection or sexual involvement between the parties.
- An incident of dating violence can consist of a single act of violence or a pattern of violent acts that includes, but is not limited to, sexual or physical abuse, or the threat to engage in such abuse.
To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.
Felony or misdemeanor crimes of violence committed:
- By a current or former spouse or intimate partner of the victim.
- By a person with whom the victim shares a child in common.
- By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner.
- By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
- 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 in which the crime occurred.
The University Interim Policy Prohibiting Harassment, Discrimination, Retaliation, & Sexual Misconduct (Including Sexual Assault, Intimate Partner Violence, Stalking & Sexual Exploitation) definition of domestic violence: Domestic Violence is any act of violence committed by any of the following individuals: (1) a current or former spouse or intimate partner of the victim; (2) person with whom the victim shares a child in common; (3) person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; and/or (4) a resident or former resident of the victim’s household in the event such household residents have a current or prior intimate relationship.
An incident of domestic violence can consist of a single act of violence or pattern of violent acts that includes, but is not limited to, sexual or physical abuse, or the threat to engage in such abuse.
The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substances. Arrests for violations of State and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.
The University Interim Policy Prohibiting Harassment, Discrimination, Retaliation, & Sexual Misconduct (Including Sexual Assault, Intimate Partner Violence, Stalking & Sexual Exploitation) definition of Gender-Based Harassment: Gender-Based Harassment: unwelcome or unwanted conduct based on gender, sexual orientation, transgender, gender non-conforming, transitioning, gender identity, or gender expression that may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature, where Quid Pro Quo is present and/or rises to the level of creating a Hostile Environment.
- Transgender is an umbrella term that can be used to describe people whose gender identity and/or expression is different from their sex assigned at birth.
- Gender non-conforming describes people who have, or are perceived to have, gender characteristics and/or behaviors that do not conform to traditional or societal expectations.
- Transition/Transitioning is the process of changing one’s gender from the sex assigned at birth to one’s gender identity.
- Gender Identity is a personal, internal sense of oneself as, for example, male, female, both, or neither.
- Gender Expression is the external appearance of one's gender identity, or how one represents one's gender through hair style, clothing, mannerisms, etc.
Quid Pro Quo is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature made by a person having power or authority over another constitutes sexual harassment when submission to sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s educational or employment progress, development or performance. This includes when submission to such conduct would be a condition for access to receiving the benefits of any educational or employment program.
Hostile Environment is sufficiently severe, or persistent or pervasive, and objectively offensive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from GVSU’s education or employment programs and/or activities.
A hate crime is a crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator's bias against the victim.
HATE CRIME BIAS TYPES
- Disability
- Ethnicity
- Gender
- Gender Identity
- National Origin
- Race
- Religion
- Sexual Orientation
To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc., are excluded.
The violation of State or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.
The killing of another person through gross negligence.
The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned-including joyriding.)
The willful (non-negligent) killing of one human being by another.
The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
The University Interim Policy Prohibiting Harassment, Discrimination, Retaliation, & Sexual Misconduct (including Sexual Assault, Intimate Partner Violence, Stalking & Sexual Exploitation) definition of rape: Rape is incorporated within the policy's definition for sexual assault.
The University Interim Policy Prohibiting Harassment, Discrimination, Retaliation, & Sexual Misconduct (including Sexual Assault, Intimate Partner Violence, Stalking & Sexual Exploitation) definition of Retaliation: taking or attempting to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual: reported an incident of prohibited conduct under this policy, participated in a grievance process related to this policy, supported an impacted party, assisted in providing information relevant to an investigation, and/or acted in good faith to oppose conduct that constitutes a violation of this policy.
Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. GVSU will take all appropriate and available steps to protect individuals who are concerned that they may be subjected to retaliation.
The exercise of rights protected under the First Amendment does not constitute retaliation.
- Retaliation under Title IX also includes:
- Charges against an individual for conduct violations that do not involve sex discrimination or sexual harassment but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.
- Charging an individual with a conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.
The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.
An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, A sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim if incapable of giving consent.”
- Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of their temporary or permanent mental capacity.
- Incest - Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape - Sexual intercourse with a person who is under the statutory age of consent.
Sexual Assault is defined in the University Interim Policy Prohibiting Harassment, Discrimination, Retaliation, & Sexual Misconduct (Including Sexual Assault, Intimate Partner Violence, Stalking & Sexual Exploitation) as:
Sexual Assault: having or attempting to have sexual intercourse or sexual contact with another individual by force or threat of force, without consent, or where the person is incapacitated, as defined below:
- Sexual Contact: any intentional sexual touching,
however slight, with any object or body part, performed by a person
upon another person, and includes;
- Intentional touching of the breasts, buttocks, groin or genitals, whether clothed or unclothed, or intentionally touching another with any of these body parts;
- Making another touch you or themselves with or on any of these body parts;
- Causing another to touch one’s intimate parts, disrobing or exposure of another without permission.
- Sexual Intercourse: vaginal or anal penetration, however slight,
with any object or body part, performed by a person upon another
person; and/or oral penetration involving mouth to genital contact,
and includes:
- Vaginal penetration by a penis, object, tongue, or finger;
- Anal penetration by a penis, object, tongue, or finger;
- Any contact, no matter how slight, between the mouth of one person and the genitalia of another person.
The University Interim Policy Prohibiting Harassment, Discrimination, Retaliation, & Sexual Misconduct (Including Sexual Assault, Intimate Partner Violence, Stalking & Sexual Exploitation) definition of Sexual Exploitation:
Taking non-consensual or abusive sexual advantage of another for
their own benefit or for the benefit of anyone other than the person
being exploited.
Examples include, but are not limited to:
- Causing the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent (as defined in this policy) to sexual activity;
- Allowing third parties to observe private sexual activity from a (a) hidden location (e.g., closet), or (b) through electronic means (e.g., Skype or live streaming of images);
- Engaging in voyeurism (e.g., watching private sexual activity without the consent of the participants or viewing another person’s intimate parts (including genitalia, groin, breasts or buttocks) in a place where that person would have a reasonable expectation of privacy);
- Recording or photographing private sexual activity and/or a person’s intimate parts (including genitalia, groin, breasts or buttocks) without consent;
- Disseminating or posting images of private sexual activity and/or a person’s intimate parts (including genitalia, groin, breasts or buttocks) without consent;
- Knowingly exposing another person to a sexually transmitted infection or virus without the other’s knowledge;
- Arranging for others to have non-consensual sexual contact, as defined by this policy, with a non-consenting person.
The University Interim Policy Prohibiting Harassment, Discrimination, Retaliation, & Sexual Misconduct (Including Sexual Assault, Intimate Partner Violence, Stalking & Sexual Exploitation) definition of Sexual Harassment: Sexual Harassment is unwelcome or unwanted conduct of a sexual nature whether verbal or nonverbal, graphic, physical or otherwise, where Quid Pro Quo is present and/or rises to the level of creating a Hostile Environment.
Quid Pro Quo is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature made by a person having power or authority over another constitutes sexual harassment when submission to sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s educational or employment progress, development or performance. This includes when submission to such conduct would be a condition for access to receiving the benefits of any educational or employment program.
Hostile Environment is sufficiently severe, or persistent or pervasive, and objectively offensive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from GVSU’s education or employment programs and/or activities.
An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to-
- Fear for their safety or the safety of others; or
- Suffer substantial emotional distress.
For purposes of this definition-
- Course of conduct means two or more acts, including but not limited to, acts in which the stalker directly, indirectly or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
- Reasonable Person means a reasonable person under similar circumstances and with similar identities to the victim.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, required medical or other professional treatment or counseling.
The University Interim Policy Prohibiting Harassment, Discrimination, Retaliation, & Sexual Misconduct (Including Sexual Assault, Intimate Partner Violence, Stalking & Sexual Exploitation) definition of stalking: Stalking occurs when a person engages in a course of conduct directed at a specific person under circumstances that would cause a reasonable person to fear bodily injury or to experience substantial emotional distress.
- Course of conduct means two or more acts, including but not limited to acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about another person, or interferes with another person’s property.
- Reasonable person means a reasonable person under similar circumstances.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
- Stalking includes "cyber-stalking," a particular form of stalking in which a person uses electronic media, such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact. The policy prohibits all stalking, not just stalking that occurs within the context of a relationship.
The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.