Harassment, Assault and Title IX Policies
Statement of Purpose
Illinois College is committed to creating, fostering and maintaining an educational, employment, business and campus environment that is free of sexual harassment and sexual violence. When harassment or violence targets an individual or group protected by state or federal law based on such characteristics as sex, race, color, religious belief, marital status, sexual orientation, gender identity or expression, national or ethnic origin, disability, veteran status or age, this is a form of discrimination. Furthermore, Illinois College is committed to creating, fostering and maintaining an educational, employment, business and campus environment that is free of discrimination on the basis of sex as required by Title IX and other laws. Illinois College does not tolerate discrimination on the basis of sex and is dedicated to prohibiting such conduct in all aspects of college life consistent with the College’s Mission Statement, Vision Statement, Values Statement and Strategic Plan as well as the provisions of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Illinois Human Rights Act and all other applicable state and federal laws.
There are reporting procedures for staff, faculty and students for discrimination complaints. Persons with complaints concerning harassment or discrimination must follow those specific procedures listed in the handbooks for each College constituency, if there is a grievance policy or procedure in that handbook. In other situations, complaints may not be covered by the specific handbook and, therefore, complaints must be made pursuant to this policy.
Sexual Harassment: Sexual Harassment is a form of discrimination on the basis of sex. Sexual harassment is unwelcomed conduct of a sexual nature. Unwelcomed conduct includes conduct that an individual did not solicit or incite and that the individual regarded as undesirable or offensive. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal, or physical conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status;
Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting such individual;
Such conduct has the purpose or effect of substantially interfering with an individual’s work or academic performance or creating an intimidating or hostile work or educational environment.
In light of the power differential inherent in the relationship between faculty and students and between a supervisor and subordinate and the potential for either intentional or unintentional misuse of that professional power differential, the College strongly advises against romantic and/or sexual relationships between faculty and students, between staff and students, or between supervisors and subordinates. It should be noted that in such cases “consent” may not constitute a defense.
Sexual Violence: Sexual violence refers to physical sexual acts perpetrated against an individual’s will; or where an individual is incapable of giving consent due to the use of drugs or alcohol or because of intellectual or other disabilities. With respect to any instances of sexual violence that involves the use of drugs or alcohol, it is the College’s position that the use of drugs or alcohol by a victim never makes that individual at fault for sexual violence. A primary concern of the College is each individual’s safety, and as such, any other rules violations will be addressed separately from the sexual violence allegations. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery and sexual coercion. All such acts of sexual violence are forms of sexual harassment. Use of the term “sexual harassment” throughout this policy includes sexual violence.
Gender Based Harassment: Gender based harassment includes verbal, nonverbal and physical acts of aggression, intimidation or hostility based on an individual’s gender identity or gender expression, even if those acts do not involve conduct of a sexual nature. Gender identity is a person’s internal, deeply-felt sense of being male, female, something other or in between. Gender expression is an individual’s characteristics and behaviors such as appearance, dress, mannerisms, speech patterns and social interactions that are perceived as masculine or feminine. Gender based harassment will exist if an individual is harassed either for exhibiting what is perceived as a stereotypical characteristic for their sex, or for failing to conform to stereotypical notions of masculinity and femininity. Use of the term “sexual harassment” throughout this policy includes gender based harassment.
Sexual Orientation Harassment: Sexual orientation harassment includes verbal, nonverbal and physical acts of aggression, intimidation or hostility based on an individual’s actual or perceived heterosexuality, homosexuality, bisexuality or transsexuality. Use of the term “sexual harassment” throughout this policy includes sexual orientation harassment.
Example of Sexual Harassment: Sexual harassment can occur both on and off campus and take many forms. The harassment may be subtle and indirect or blatant and overt. Such harassment can also occur in person or via electronic, print or other media. It may consist of repeated actions or may arise from a single incident if sufficiently severe. The complainant as well as the respondent may be male or female and the complainant does not have to be of the opposite sex of the respondent. Depending on the circumstances sexual harassment may include:
- Physical assaults of a sexual nature, such as rape, sexual assault, sexual battery and sexual coercion.
- Intentional unwelcomed physical conduct that is sexual in nature such as kissing, touching, poking, grabbing, pinching, fondling, rubbing, patting or brushing against another individual’s body.
- Offering or implying an academic or employment related reward in exchange for sexual favors or submission to sexual conduct.
- Threatening or taking a negative academic or employment action because unwelcomed conduct of a sexual nature is rejected.
- The use or display in the classroom of materials of a sexual nature that do not serve a reasonable or legitimate educational purpose.
- Unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome.
- Gestures, displays, noises, remarks, jokes, questions or comments about an individual that are unwelcomed and of a sexual nature.
Hate Crimes, Bullying and Other Forms of Harassment: This includes behavior or acts (whether verbal, written or physical) that are targeted against an individual or group based on characteristics protected by federal or state law including but not limited to race, color, religious belief, sex, marital status, sexual orientation, gender identity or expression, national or ethnic origin, disability, veteran status or age. The kinds of incidents that may constitute this type of harassment includes but are not limited to the following:
The use of racial slurs or derogatory names directed at individuals or groups that convey hatred or contempt for persons.
- The creation of graffiti that conveys hatred or contempt for persons or groups.
- The display of symbols that are commonly understood to convey hatred or contempt for persons or groups.
- The use of telephone, letters (signed or anonymous), text-messaging or social networking sites to convey hatred or contempt for persons or groups.
Title IX Violations: Title IX of the Education Amendments of 1972 (29 USC 1681-1688) provides, “No person in the United States, shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance.”
Essentially, Title IX provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training or other education program or activity operated by the College. Title IX also provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, or recruitment, consideration, or selection therefore, whether full-time or part- time, under any education program or activity operated by the College. The College acknowledges its obligations under Title IX and is committed to complying with all Title IX requirements.
The areas covered by Title IX include:
- Access to higher education
- Career education
- Education for pregnant and parenting teens
- Learning environment
- Math and science
- Sexual harassment
- Standardized testing
Handling of Complaints Covered by this Policy
The Title IX Coordinator is responsible for coordinating the College’s compliance with Title IX as well as other complaints brought concerning violations of this policy. The Title IX Coordinator’s responsibilities include overseeing all Title IX reports of sexual harassment and identifying and addressing any patterns or systemic problems that arise during the review of such reports. To assist the Title IX Coordinator the College has designated Title IX Deputy Coordinators, all of whom are authorized to conduct investigations. The Title IX Coordinator may perform the investigations also, but will provide supportive services to the deputy coordinators in such aspects of the investigation process as deemed necessary and appropriate including gathering documentation, disseminating information and assuring compliance with the procedures outlined in this policy.
The College has designated the following individual as its Title IX Coordinator: Angela Valuck
Director of Human Resources Illinois College 1101 West College Avenue Jacksonville, Illinois 62650 Phone: 217.245.3002 Fax: 217.245.3148 Email:email@example.com
The College has designated the following individuals as Title IX Deputy Coordinators:
Frank Williams Vice President for Business Affairs Illinois College 1101 West College Avenue Jacksonville, Illinois 62650 Phone: 217.245.3003 Fax: 217.245.3148 Email: firstname.lastname@example.org
Dr. Malinda Carlson Vice President for Student Affairs and Dean of Students Illinois College
1101 West College
Jacksonville, Illinois 62650
Vice President for Academic Affairs and Dean of the College
1101 West College
Jacksonville, Illinois 62650
All students, faculty, staff and applicants, who have concerns about discrimination on the basis of sex, Title IX violations or requirements, including any concerns pertaining to sexual harassment, sexual violence or any matters covered by this policy, are encouraged to seek the assistance of either the Title IX Coordinator or a Title IX Deputy Coordinator. The Coordinator and Deputy Coordinators are knowledgeable about, and will provide information on, all options for addressing and resolving such reports or concerns. Those options may vary depending on the nature of the incident; whether the complainant is a student, faculty, staff or applicant; the wishes of the complainant regarding confidentiality; and whether the complainant prefers to proceed formally or informally. Together, the coordinators play an integral role in carrying out the College’s commitment to creating, fostering and maintaining an educational, employment, business and campus environment that is free of discrimination on the basis of sex and other discrimination as well as sexual harassment.
Reporting of Complaints Covered by this Policy
All students, faculty, staff, applicants, volunteers, vendors and agents are strongly encouraged to report any incidents of violations of this policy. Reports may be orally or in writing and such reports should be made to the Title IX Coordinator or a Title IX Deputy Coordinator. Reports may also be made to any supervisor, department chair, associate dean, resident director, head coach, vice president or head security officer. Such personnel that receive reports of violations of this policy and responsible employees that know or reasonably should know of the occurrence of violations of this policy are required to forward those reports to the Title IX Coordinator or a Title IX Deputy Coordinator. The Title IX Coordinator is to be made aware of all complaints made pursuant to this policy so that she may monitor compliance.
In addition to the foregoing, all faculty and staff who become aware of or suspect sexual abuse of a minor (under the age of 17) must report that information to the Title IX Coordinator or a Title IX Deputy Coordinator who shall then inform local, state and/or federal law enforcement officials of such incident as required by law.
Options for Reporting and Availability of Support
In addition to reporting the matter to the Title IX Coordinator or a Deputy Coordinator, or a supervisor, persons may also need to address immediate physical and/or emotional trauma associated with the harassment or assault. Importantly, a victim should contact any of the following immediate care support providers:
- Emergency Call 911
- Jacksonville Police Department - 217.479.4630
- Passavant Hospital - 217.245.9541
- Prairie Center Against Sexual Assault - 217.243.7330
- William Tennill, Templeton Counseling Center - 217.245.3073 (after hours via Campus Security)
- Judy Tonry, FNP-BC, Chesley Health and Wellness Center - 217.245.3038 (after hours via Campus Security)
- IC Campus Security, Gardner Hall, Room 7 - 217.245.3111
- Campus Security can also reach any Title IX Coordinator after hours at this number -217.245.3111
There are also support resources outside the College community. The Templeton Counseling Center maintains a list of local therapists, including psychologists, social workers and psychiatrists in private practice. While the cost of counseling outside the College is not covered for students by the College, many students have insurance benefits that will cover all or part of the cost of such counseling.
Pre-Investigation: Upon receipt of a report of a complaint covered by this policy, the Title IX Coordinator or the Deputy Coordinator shall inform the complainant about:
- Available counseling, medical and other support services;
- The option to avoid contact with the respondent during the pendency of the investigation;
- Their Title IX rights;
- Their grievance rights
- Their right to file a criminal complaint, if applicable.
The Title IX Coordinator shall provide the complainant with a copy of this policy and the applicable grievance procedures identified herein.
Additionally, the Title IX Coordinator or the Deputy Coordinator may make a preliminary, nonbinding assessment of the information contained in the report, and any supplement to the report, to determine whether that information, if true, would pose an imminent threat of immediate harm to the complainant or others. If there is an imminent threat of immediate harm then, consistent with the grievance procedures identified below, temporary measures may be imposed against the respondent to mitigate the threat during the pendency of the investigation. The need for such temporary measures will be reevaluated on a regular basis during the pendency of the investigation to ensure that need for such temporary measures remain present.
Investigation: Upon receipt of a report of a complaint covered by this policy, the Title IX Coordinator or the appropriate deputy coordinator, or her designee, shall conduct a prompt, thorough and impartial investigation of the incident consistent with the applicable grievance procedures identified below. If complainant and respondent are members of different constituencies (e.g. faculty, staff, students) then the investigation may proceed as a collaborative effort between the deputy coordinators for those respective constituencies. Such investigations shall, barring exigent circumstances, be completed within sixty (60) days.
In all investigations the Title IX Coordinator shall monitor compliance to ensure the parties are provided with a parity of protections. Additionally, all investigations shall utilize a preponderance of the evidence standard in determining whether or not sexual harassment occurred.
Outcome of Investigation: The Title IX Coordinator, or the designee, shall provide the complainant and respondent with written notice of the outcome of the investigation (i.e. whether harassment was found to have occurred) within seven (7) days of such a finding being made. If the coordinator has determined that harassment has occurred, the coordinator shall immediately take reasonably effective action to eliminate the harassment, prevent its recurrence and address its effects. When allowed for by applicable state and federal law, the coordinator shall also notify the complainant of any sanction(s) imposed upon the respondent.
Appeal to the President of the College: If resolution of the complaint is reached following the investigation, the Title IX Coordinator or appropriate Deputy Coordinator will file a summary report to be kept on file. However, if resolution is not reached and either party wishes to appeal the decision, the complainant or the person disciplined as a result of the complaint may appeal the decision to the president of the College or follow the appropriate grievance appeal procedure (as referenced above), depending on whether the complainant is faculty, staff or student.
If either party chooses to appeal to the president pursuant to this policy procedure rather than the grievance procedure outlined in the appropriate handbook, and/or the complaint is not covered by the appropriate handbook, the appeal shall be conducted as follows:
Appeals to the President of the College can have two grounds:
- That the investigation and related actions did not correctly follow Illinois College’s policies and procedures.
- That the final decision and actions taken or recommended by the investigating coordinator were not appropriate to the actions found to be in violation of College policies.
If there is an appeal, the president will form an appeal committee consisting of:
- One member chosen by the accused or defendant. The member may be from the faculty, staff or student body.
- One member chosen by the complainant or victim. The member may be from the faculty, staff or student body.
- Two members chosen by the president. The members may be from either the faculty, staff or student body.
- The president will be the fifth member of the appeal committee.
- The appeal committee members must be current staff or faculty of Illinois College, or currently enrolled students and cannot have been persons providing any information for the investigation or involved in the incident under investigation.
- None of the appeal committee members may be attorneys.
- The appeal committee will have available the record of the investigation, any materials used on the investigation and the decision taken by the coordinator.
- After the appeal committee has met, reviewed the information and discussed it, the appeal committee will make a decision, by vote if necessary. The majority rules.
- The appeal committee may choose from the following decisions for the president to implement:
- To affirm the decision and actions taken by the investigating coordinator and to direct implementation of the committee’s decision.
- To return the case to the investigating coordinator with instructions for further investigation or reconsideration of particular issues.
- To assign the case for further investigation by a different coordinator if there is a conflict of interest with the original investigating coordinator.
- After the appeal process is exhausted and the president directs implementation of the decision, the decision is final.
Additional Procedures or Considerations for Harassment
A person who believes he or she may have been the victim of harassment should understand that under some circumstances designated officers of the College to whom such incidents are reported, may be required by state or federal law or College policy to pursue a complaint by the process described above, even if the person making the allegation does not wish to do so.
At any time during the mediation or investigation of complaints brought pursuant to this policy, a complainant may request that the College provide relief from intimidating work, classroom or living situations which relate specifically to the alleged policy violation.
While any member of the College community who believes he or she has been harassed is strongly encouraged to use the procedures established by the College to make a complaint about harassment, such a person may also elect to make a complaint outside the College by initiating civil and/or criminal charges against the accused party or parties.
A complainant has the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) about filing a formal complaint regarding harassment or retaliation. An IDHR complaint must be filed within one hundred eighty (180) days of the alleged incident. A complaint with the EEOC must be filed within three hundred (300) days of the alleged incident. In addition, an appeal process is available through the Illinois Human Rights Commission (IHRC) after the IDHR has completed its investigation of the complaint.
Illinois Department of Human Rights (IDHR) Chicago: 312.814.6200 or 800.662.3942 Chicago TTY: 866.740.3953 Springfield: 217.785.5100 Springfield TTY: 866.740.3953
Illinois Human Rights Commission (IHRC) Chicago: 312.814.6269 Chicago TTY: 312.814.4760
Springfield: 217.785.4350 Springfield TTY: 217.557.1500
United States Equal Employment Opportunity Commission (EEOC) Chicago: 800.669.4000
Chicago TTY: 800.869.8001
A complainant may report or make a complaint pursuant to this policy, yet request confidentiality. If the complainant requests confidentiality or asks that the report not be pursued, the College will take all reasonable steps to investigate and respond to the report consistent with the request for confidentiality or request not to pursue the investigation – as long as doing so does not prevent the College from responding effectively to the complaint and preventing harassment of other third parties.
Upon a request for confidentiality, the College shall inform the complainant:
- If the College cannot ensure confidentiality;
- That a confidentiality request may limit the College’s ability to respond to the report;
- That the College prohibits retaliation and that such retaliation is subject to disciplinary action under this policy.
Notwithstanding the foregoing, should the report concern an instance of sexual violence involving a minor (under the age of 17), then in that event, the College shall investigate the report without regard to the request for confidentiality and shall inform local, state and/or federal law enforcement officials of such incident as required by law.
It is a violation of this policy for any person to retaliate against, interfere with, coerce or take any other adverse action against a student, faculty, staff, applicant or other third party that:
- Seeks advice concerning a violation of this policy;
- Makes a report of a violation of this policy;
- Assists or supports another individual that makes a report of a violation of this policy;
- Participates as a witness or in the investigation of a report made pursuant to this policy. Such conduct is in violation of this policy and will be investigated and adjudicated accordingly.
Malicious, False Accusations
It is a violation of this policy to make a report of a violation of this policy that is known to be false. Such conduct is in violation of this policy and will be investigated and adjudicated accordingly.
Training Programs to comply with the Campus SaVE Act and for the campus community to learn about sexual violence include the following:
As part of our comprehensive health and safety program, Illinois College expects each member of the first year class and incoming transfer students to complete AlcoholEdu and Haven. Whether you drink or not, AlcoholEdu will empower you to make well-informed decisions about alcohol and help you better cope with the drinking behavior of your peers. The Haven: Understanding Sexual Assault program will address the critical issues of sexual assault, relationship violence and stalking.
Programs such as Think Before You Act are presented at orientation sessions for the first year class.
Annual RAINN Day activities.
Walk a Mile in Her Shoes.
RAD a rape aggression defense program provided to female students at times throughout the year.
Staff required to attend a mandatory session or view a power point that included Title IX training.
Other programs are offered throughout the year through residence hall programming and Peer Health educator programs.