SIENA HEIGHTS UNIVERSITY SAFETY AWARENESS HANDBOOK
• * Personal Protection Orders ( PPO ) are issued by courts . The Title IX Coordinator will assist with how to get the application , complete the application ( including what documentation is needed ), and how to file the application , if the application is granted by the presiding judge then the Title IX Coordinator will assist with how to legally ( and safely ) meet delivery obligations .
• * Bond Conditions are issued by court magistrates ( and / or other court appointed ) and are a legal protection measure issued after an arrest preceding a release on bond , the Title IX Coordinator can assist with the process and / or assist victims to seek legal advocacy via the listed outside resources .
Legal Definitions
Siena Heights University prohibits sexual misconduct which definition is inclusive of dating violence , domestic violence , sexual assault , and stalking and has published definitions of sexual misconduct . Clery reporting requirements utilize the federal UCR code for definitions . The State of Michigan has codes for Criminal Sexual Conduct . Below is a chart to assist with the overlapping of the various definitions . Full definitions are provided to the Siena Heights University for educational and awareness purposes .
Consent :
• State of Michigan — There is no legal definition of consent but there are four ways in which a person is unable to give consent with regards to criminal sexual conduct according to the Michigan Penal Code : The person is underage . Age of consent is 16 . The person is intoxicated . The person has a developmental disability . The person was given a date rape drug .
• Clery — No definition of consent in the Clery law .
• Siena Heights University student and employee — Consent must be informed , freely given and mutual . If coercion , intimidation , threats , or physical force are used there is no consent . If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact , nature or extent of the sexual situation , there is no consent : this includes impairment or incapacitation due to alcohol or drug consumption or being asleep or unconscious . Inducement of incapacitation of another with the intent to affect the ability of an individual to consent or refuse to consent to sexual contact almost always , if not always , negates consent . Silence does not necessarily constitute consent . Whether a person has taken advantage of a position of influence over an alleged victim may be a factor in determining consent .
81