Policy Definitions
Actual Knowledge means notice of sexual harassment or allegations of sexual harassment delivered to Illinois College’s Title IX Coordinator. Such notice includes reports sent to the Title IX Coordinator in person, by mail, by telephone, by email, telephone call, in-person, or by using the College online report form which can be found here.
Administrative Process (Process B) means a process of resolution designated by Illinois College to address conduct that falls within the policies included below and is dismissed under the provisions in Title IX thus not needing to comply with requirements of 34 CFR Part 106.45.
Advisor means an individual who provides support, guidance, and/or assistance to the complainant or responding party throughout the investigation, hearing, appeals, and/or informal resolution process. Complainants and respondents have the right to select an advisor of their choice. Advisors may be a friend, mentor, family member, attorney, or any other supporter a party chooses to advise them who is both eligible and available. Advisors are required during the hearing process. If a party does not have an advisor present at the hearing, the College will provide the party with an advisor.
Business Day means a day when Illinois College is in normal business operation.
Calendar Day means day on the calendar including weekends and holidays.
Complainant means an individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.
Confidential Resource means an employee who is not a Mandated Reporter of notice of harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status).
Education program or activity means locations, events, or circumstances where Illinois College exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by a student organization that is officially recognized by the Illinois College.
The College’s education program or activity also extends to operations which include computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of the College.
Final Determination means a conclusion by the preponderance of evidence standard that the alleged conduct occurred and whether it did or did not violate policy.
Finding means a conclusion by the standard of proof that the conduct did or did not occur as alleged.
Formal Complaint means a document filed/signed by a Complainant or signed by the Title IX Coordinator alleging gender based, sexual or interpersonal violence or retaliation against a Respondent and requesting that the College investigate the allegation. At the time of filing a formal complaint, the complainant must be participating in or attempting to participate in an education program or activity at the College. Submission of a formal complaint to the College is not equivalent to filing charges with local law enforcement and does not require a complainant to file charges with local law enforcement.
Formal Grievance Process (Process A) means a method of formal resolution designated by Illinois College to address conduct that falls within the policies included below, and which complies with the requirements of 34 CFR Part 106.45.
Grievance Process Pool includes any investigators, hearing officers, appeal officers, and advisors who may perform any or all of these roles (though not at the same time or with respect to the same case).
Hearing Panel refers to those who have decision-making and sanctioning authority within Illinois College’s Formal Grievance process.
Informal Resolution Process means an informal process by which a mutually agreed-upon resolution of an allegation is reached. The Title IX Coordinator or designee must determine that informal resolution is appropriate, and all parties must consent to its use.
Investigator means the person or persons charged by Illinois College with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.
Mandated Reporter means an employee of Illinois College who is obligated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the Title IX Coordinator and/or the Associate Dean of Student Success, Executive Director of Residence Life & Campus Safety, IC Public Safety.
Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.
Official with Authority (OWA) means an employee of the College explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of the College.
Parties include the Complainant(s) and Respondent(s), collectively.
Recipient means Illinois College as a postsecondary education program that is a recipient of federal funding.
Remedies are post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the College’s educational program.
Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.
Resolution means the result of an informal or Formal Grievance Process.
Sanction means a consequence imposed by the College on a Respondent who is found to have violated this policy.
Sexual Harassment is the umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence.
Standard of Evidence: The standard used to determine if a policy violation occurred. The College uses a “preponderance of evidence” standard, which means that the evidence demonstrated in formal and administrative processes demonstrates that it is more likely than not that the alleged conduct or policy violation occurred.
Supportive Measures: Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the College’s education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment.
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 Illinois 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. Illinois College acknowledges its obligations under Title IX and is committed to complying with all Title IX requirements.
Title IX Coordinator is the official designated by Illinois College to ensure compliance with Title IX and Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.