Michigan law defines Criminal Sexual Conduct in the following manner:
First Degree
Sexual penetration with another person and any of the following:
- Victim is under the age of thirteen (13).
- Victim is ages thirteen to fifteen (13-15), a member of the same household, related by blood or marriage, or perpetrator is in a position of authority and uses authority to coerce victim.
- Perpetrator is involved in committing another felony.
- Perpetrator is aided or abetted by one (1) or more other persons and either knows, or has reason to know that victim is mentally incapable, mentally incapacitated or physically helpless; or uses force or coercion.
- Perpetrator is armed with a weapon, or any article used or fashioned in a manner to lead victim to reasonably believe it is a weapon.
- Perpetrator causes personal injury and uses force or coercion, including (but not limited to) actual application of physical force or violence; threat to use force or violence; or threat to retaliate in the future against victim or any other person.
- Perpetrator causes personal injury to victim and knows, or has reason to know victim is mentally incapable, mentally incapacitated or physically helpless.
- Victim is mentally incapable, mentally disabled, mentally incapacitated or physically helpless and related by blood or marriage; or perpetrator is in a position of authority and uses authority to coerce victim.
Second Degree
Sexual contact (intentional touching of intimate parts or the clothing covering intimate parts) and any one (1) of the circumstances listed for First Degree.
Third Degree
Sexual penetration with another person and any one (1) of the following:
- Victim is ages thirteen to fifteen (13-15).
- Victim is related by blood or marriage.
- Perpetrator uses force or coercion.
- Perpetrator knows, or has reason to know that victim is mentally incapable, mentally incapacitated or physically helpless.
Fourth Degree
Sexual contact and any one (1) of the following:
- Victim is ages thirteen to fifteen (13-15) and perpetrator is five (5) or more years older.
- Victim is related by blood or marriage.
- Perpetrator uses force or coercion, including (but not limited to) actual application of physical force or violence; threat to use force or violence; threat to retaliate in the future against victim or any other person; use of concealment or element of surprise.
- Perpetrator knows, or has reason to know that victim is mentally incapable, mentally incapacitated or physically helpless.
Per this state law, scholars in Grades K-5 who commit an act of Criminal Sexual Conduct shall be permanently expelled and shall not be reinstated before the expiration of ten (10) school days after the date of the expulsion.
Per this state law, scholars in Grades 6-12 who commit an act of Criminal Sexual Conduct shall be permanently expelled and shall not be reinstated before the expiration of one-hundred-and-eighty (180) school days after the date of expulsion.
As required by federal law, the Superintendent (or designee) may recommend an alternative discipline. Expelled scholars shall be advised of the process, timeline and their right to petition for reinstatement. Note: The Grand Rapids Public Schools shall follow state guidelines as it relates to charges of Criminal Sexual Conduct and scholar interviews by Children’s Protective Services/Department of Human Services.
Also see Public Acts/State Laws, Due Process item 7, and Special Education.
