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Miscellaneous

Sexual Assault, Sexual Misconduct and Relationship Violence Policy & Procedures - 2C13 & 3C14

I. Purpose
II. Scope of Policy
III. Prohibited Conduct
IV. Understanding Consent and Related Definitions
V. Where to Get Help
VI. Reporting Options
VII. Interim Measures and Accommodations
VIII. Investigation, Determination, and Appeals
IX. Education and Prevention
X. Additional Resources and Support Services
XI. Attribution
  1. Purpose

    Southern Illinois University Edwardsville (SIUE) is committed to providing equal employment and educational opportunities to all persons. In particular, SIUE is committed to maintaining a community in which students, faculty, and staff can work and learn together in an atmosphere free of all forms of discrimination, including sexual harassment. Sexual harassment violates the dignity of the individual and the integrity of the University as an institution of higher learning, and thus, sexual harassment in any form will not be tolerated at SIUE. Sexual Assault and other forms of Sexual Misconduct are considered forms of sexual harassment. In general, relationship violence includes any act of violence or threatened act of violence against a person who is, or has been involved in, a sexual, dating, domestic, or other intimate relationship with that person. Individuals who are found responsible under this Policy will face disciplinary sanctions up to and including expulsion and/or termination of employment. 

    The University is committed to taking all appropriate steps to eliminate prohibited conduct, prevent its recurrence and address its effects. The University is committed to fostering a climate free from sexual assault, sexual misconduct, stalking and relationship violence through clear and effective policies, a coordinated education and prevention program, and prompt and equitable procedures for resolution of complaints that are accessible to all and facilitates prompt reporting. The University encourages all members of our community to participate in the process of creating a safe, welcoming and respectful environment on campus.

    This Policy addresses Southern Illinois University Edwardsville’s (SIUE) responsibilities under Title IX and the Violence Against Women Reauthorization Act of 2013. Title IX prohibits discrimination on the basis of sex (gender) in educational programs and activities that receive federal financial assistance. Title IX protects any person from sex-based discrimination. Female, male, and gender non-conforming students, faculty, and staff are protected from any sex-based discrimination, harassment or violence. Similarly, the Violence Against Women Reauthorization Act of 2013 Section 304 requires that universities have procedures in place to respond to matters of sexual assault, relationship (dating) violence and stalking involving female, male, and gender non-conforming individuals. This Policy covers concerns of sexual assault and sexual misconduct, dating violence or domestic violence (“Relationship Violence”) and stalking (collectively "Prohibited Conduct").

  2. Scope of Policy

    This Policy prohibits all forms of sexual assault, sexual misconduct, relationship violence and stalking.  The Policy applies to all members of the University community, including students, faculty, staff, administrators, board members, consultants, vendors, visitors, and others engaged in business with the University. This Policy applies to conduct on or off campus property that substantially interferes with the mission of the University including but not limited to, interference with the safety and well-being of self or others and/or interference with the academic pursuits or employment environment of its students, faculty, or staff. Allegations of Sexual Harassment that are not specifically prohibited by this Policy will be addressed according to the SIU Sexual Harassment Policy and the SIUE Sexual Harassment Complaint Procedures - 2C5 & 3C4.

  3. Prohibited Conduct

    The University prohibits all forms of Sexual Assault, Sexual Misconduct and Relationship Violence.  Sexual Misconduct is a broad term that includes, but is not limited to, sexual assault, sexual exploitation, stalking, cyber-stalking, and aiding or facilitating the commission of a violation, and retaliation.

     “Sexual Harassment--Hostile Environment” occurs when unwelcome conduct of a sexual nature is so severe, persistent, or pervasive that it affects an employee's work performance, limits a student's ability to participate in or benefit from a University program or activity, or creates an intimidating, threatening or abusive working or academic environment. Sexual harassment generally includes something beyond the mere expression or display of views, words, symbols, images, or thoughts that some people finds offensive.  Additional information about sexual harassment can be found in the SIU Sexual Harassment Policy.

     “Sexual Assault” is any type of sexual contact or sexual intercourse with another that occurs without that person’s knowing and voluntary consent.

     "Sexual Contact" includes intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

     "Sexual Intercourse" includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand, etc.) or object, or oral penetration involving mouth to genital contact.

     “Sexual Exploitation” is taking advantage of the sexuality of another person without consent or in a manner that extends the bounds of consensual sexual activity without the knowledge of the other individual for any purpose, including sexual gratification, financial gain, personal benefit, or any other non-legitimate purpose. Examples of sexual exploitation include:

    • non-consensual video or audio-taping of sexual activity;
    • going beyond the boundaries of consent (such as letting others hide in the closet to watch you having consensual sex);
    • engaging in voyeurism;
    • knowingly transmitting an STD or HIV to another person;
    • exposing one’s genitals in non-consensual circumstances;
    • inducing another to expose their genitals;

    “Stalking” is when any person purposely and repeatedly (two or more times) engages in an unwanted course of conduct that would cause a reasonable person to fear for his, her, or others’ safety, or to suffer substantial emotional distress. Stalking can be a form of Sexual Harassment.  Such harassment can be either physical stalking or cyber stalking. Stalking may present a safety concern or be an indicator of a potential safety concern.

    “Dating Violence” refers to violence by a person who has been in a romantic or intimate relationship with the Complainant. Whether a relationship exists will depend on the length, type, and frequency of interaction.

    “Domestic Violence” refers to violence committed by a current or former spouse or relationship partner, current or former cohabitant, a person with whom a Complainant  shares a child in common, a person similarly situated to a spouse under domestic or family violence law, or anyone else protected under domestic or family violence law.

    “Aiding or Facilitating” refers to when any individual or group of individuals aids, facilitates, promotes, or encourages another to commit a violation under this Policy. Aiding or facilitating may also include failing to take action to prevent an imminent act when it is reasonably prudent and safe to do so.

    “Retaliation” refers to any acts, threats, or attempts to discourage a person from reporting prohibited conduct or participating in the investigation or hearing process. Retaliation also refers to any acts, threats, or attempts to seek retribution against a Complainant, Reporting Party, the Accused Party, or any individual or group of individuals involved in the investigation and/or resolution of an allegation of sexual misconduct. Retaliation can be committed by any individual or group of individuals, not just a Reporting Party or Accused Party.
  4. Understanding Consent and Related Definitions

    Consent is a freely and knowingly given agreement to the act of sexual conduct or sexual penetration in question.  Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity. While consent can be given by words or actions, non-verbal consent is more ambiguous than explicitly stating one’s wants and limitations. Silence cannot be assumed to indicate consent.  Lack of verbal or physical resistance or submission resulting from the use of force or threat of force by the accused shall not constitute consent.

    Guidance for Consent:   

    • One is expected to obtain consent to each act
 of sexual activity prior to initiating such activity. Consent to one form of sexual activity does not constitute consent to engage in other forms of sexual activity.
    • Consent consists of an outward demonstration indicating that an individual has freely chosen to engage in sexual activity. Relying on non-verbal communication can lead to misunderstandings. Consent may not be inferred from silence, passivity, lack of resistance, or lack of an active response alone. A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent.
    • When consent is requested verbally, absence
of any explicit verbal response constitutes lack of consent. A verbal “no” constitutes lack of consent, even if it sounds insincere or indecisive.
    • If at any time during the sexual activity, any confusion or ambiguity arises as to the willingness of the other individual to proceed, both parties should stop and clarify verbally the other’s willingness to continue before continuing such activity.
    • Either party may withdraw consent at any
time. Withdrawal of consent should be outwardly demonstrated by words or actions that clearly indicate a desire to end sexual activity. Once withdrawal of consent has been expressed, sexual activity must cease.
    • Individuals with a previous or current sexual relationship do not automatically give either initial or continued consent to sexual activity. Even in the context of a relationship, there must be mutually understandable communication that clearly indicates a willingness to engage in sexual activity.
    • Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another.
    • Consent is not valid if it results from the use or threat of physical force, intimidation, or coercion, or any other factor that would eliminate an individual’s ability to exercise his or her own free will to choose whether or not to have sexual contact.  It is a violation of the Sexual Harassment Complaint Procedures if faculty members, coaches, advisors, or other staff members become involved in amorous or sexual relationships with students who are enrolled in their classes or subject to their supervision, even when both parties appear to have consented to the relationship.  Likewise, it is a violation for a supervisor and a directly reporting employee to have a consensual amorous or sexual relationship with each other.
    • A person's manner of dress does not constitute consent.
    • An individual who is incapacitated from alcohol or other drug consumption (voluntarily or involuntarily) or is asleep, unconscious, unaware, or otherwise physically helpless is considered unable to give consent.
    • In the State of Illinois, persons under the age of 17 cannot legally consent to sexual activity.  Thus, in Illinois, any sexual activity with persons under the age of 17 could constitute sexual assault of a minor, and implicate mandatory child abuse reporting.   For additional information regarding child abuse and mandatory reporting see: http://www.siue.edu/humanresources/mandatory_reporting.shtml.

    Incapacitation, Alcohol, Coercion, and Related Concepts:

    A person violates the Sexual Assault, Sexual Misconduct and Relationship Violence Policy if he or she has sexual contact with someone he or she knows, or should know, to be mentally incapacitated or has reached the degree of intoxication that results in incapacitation. The test of whether an individual should know about another’s incapacitation is whether a reasonable, sober person would recognize the incapacitation. An accused person cannot rebut a Sexual Assault or Sexual Misconduct charge merely by asserting that he or she was intoxicated or otherwise impaired and, as a result, did not know that the other person was incapacitated. Alcohol, drugs or other intoxicants do not dismiss the responsibility of an individual to obtain valid consent.

    A person is considered incapacitated, or unable to give consent, if they are unable to understand the nature of the activity or give knowing consent due to the circumstances at the time in question.

    A person is NOT able to give effective consent in the following situations:

    • An individual who is incapacitated due to the consumption of alcohol or other drugs cannot consent to sexual activity. An individual is incapacitated if he/she is physically helpless, unconscious, or unaware due to drug or alcohol consumption (voluntarily or involuntarily) or for some other reason.

    Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. Some indicators of incapacitation may include, but are not limited to, lack of control over physical movements, being unaware of circumstances or surroundings, slurred speech, vomiting, or being unable to communicate for any reason.

    • When an individual is sleeping or unconscious.

    • When a person’s mental capacity is not at the level of an adult, such as an individual with a mental or developmental disability.

    In some situations, an individual’s ability to freely, willingly, and knowingly consent is taken away by another person or circumstance. Examples include, but are not limited to:

    • When an individual is physically forced to participate. Force is the use of physical violence and/or imposing on someone physically in order to gain sexual access. There is no requirement that a party resists the sexual advance or request, but resistance is a clear demonstration of non-consent. Any sexual activity that is forced is by definition without consent.

    • When an individual is intimidated, threatened – even by a perceived threat – isolated, or confined.

    • When an individual is coerced or unreasonably pressured for sexual activity. When someone makes clear that they do not want to engage in sexual activity, that they want something to stop, or that they do not want to go past a certain point of sexual interaction – continued pressure past that point can be coercive behavior. When evaluating coercive behavior, factors such as the frequency, duration, location (isolation of recipient of unwanted contact), and intensity of coercive behaviors will be considered.
  5. Where to Get Help

    The University is committed to treating all members of the community with dignity, care, and respect. Any individual affected by sexual assault, sexual misconduct or relationship violence, whether as a Complainant (an individual who makes a complaint under this Policy), a Respondent (an individual or group that is accused under this Policy), or a third party, will have equal access to support consistent with their needs and available University resources.

    The University recognizes that choosing whether to make a report or how to proceed can be a difficult decision. The University encourages any individual who has questions or concerns to seek the support of campus and community resources. These professionals can provide information about available resources and procedural options and assistance to either party in the event that a report and/or resolution under this Policy are pursued. Individuals are encouraged to use all available resources, regardless of when or where the incident occurred.

    1. Emergency Assistance and Medical Care

      The University encourages all individuals to seek assistance from a medical provider and/or law enforcement as soon as possible following an incident that poses a threat to their safety or physical well-being.  This is the best option to provide physical safety, emotional support, and medical care to the Complainant.  It is also the best option to ensure preservation of evidence, which may only exist for a limited period of time, and to begin a timely investigative and remedial response.  The University will escort any University member to a safe place, provide transportation to the hospital, assist in coordination with outside law enforcement agencies if applicable, assist in coordination with a victim’s advocate, and provide information about the University’s resources and complaint process.

      Assistance is available from the University and local law enforcement 24 hours/day, year-round, by calling the SIUE Police Department or the local jurisdiction if off-campus.  Any individual can request that a member of the Police Department respond and take a report.  Every effort is made to protect the Complainant’s identity.

      An individual can also contact a local medical provider (24 hours/day) such as Anderson Hospital.  The local medical providers can provide emergency and/or follow-up medical services, and provide an opportunity to discuss any health care concerns related to the incident in a confidential medical setting.  Anderson Hospital has Sexual Assault Nurse Examiners on staff and is equipped to conduct forensic sexual assault examinations free of charge.  Evidence of a sexual assault may be gathered during these exams, therefore it is recommended to avoid showering until the exam is conducted to preserve evidence. 

      SIUE Police Department
      Emergency Telephone Number: 911 (if calling from campus)
      Non-Emergency Telephone No.: 618-650-3324
      99 Supporting Services Drive

      Anderson Hospital
      6800 State Route 162
      Maryville, IL
      618-288-5711

      Call for Help Incorporated (24 hrs/day)
      618-397-0975
      9400 Lebanon Rd.
      East St. Louis, IL 62203
      http://callforhelpinc.org/what-we-do/sexual-assault-victims-care-unit.html

    2. Confidential Campus Resources

      The only University resources that afford complete confidentiality (assuming no other conditions require mandatory reporting, i.e., known or suspected child abuse or neglect) are:

      1. Confidential Advisor provides emergency and ongoing support to student survivors of sexual violence and relationship violence. The advisor will provide confidential services and have privileged and confidential communications with survivors. The advisor will inform the survivor of possible next steps regarding reporting options and possible outcomes, will notify the survivor of resources and services on-campus and in the community, will inform the survivor of their rights and the University’s responsibilities to enforce orders of protection and no contact orders; and if requested by the survivor, the advocate will liaise with campus officials to secure interim protective measures and accommodations, and will liaise with campus officials, law enforcement and community resources to assist the survivor with making contact and/or reporting an assault. The Confidential Advisor is:

        Lindsay Serrano
        Counselor
        Counseling Center
        618-650-2842
        RM 0220, Student Success Center

      2. Counseling Services provides individual counseling and legal and medical advocacy to students who have been sexually assaulted or have experienced sexual misconduct, or relationship violence.  Students in need of information, emotional support, and/or counseling for issues of sexual assault, sexual misconduct, and relationship violence may seek confidential help at the Counseling Services office.  Speaking with a licensed counselor may be helpful in deciding how to proceed.  Because of the privileged nature of these conversations, Counseling Services will not share information about a patient/client (including whether or not that individual has received services) with the Title IX Coordinator or any other employee of the University without that person’s express written permission.  Counseling Services may submit however, non-identifying information about the incident for purposes of making a statistical report under the Clery Act. 

        Counseling Services is located on the Edwardsville Campus in the Student Success Center, lower level, Room 0220.  Office hours are Monday-Friday, 8:00 am - 4:30 pm, phone 618/650-2842.  A counselor from Counseling Services can be available at the Alton Campus.  After hours or weekend services may be obtained by calling University Police, 618/650-3324, and requesting a callback from a counselor.

        Additional counseling and advocacy resources can be found below in Section X.

      3. Health Service can provide students with non-emergent or follow-up medical services, including STD testing, and provide an opportunity to discuss any health care concerns related to the incident in a confidential medical setting.  Health Service is committed to protecting the privacy and confidentiality of all patient/client health information. All patient interactions with Health Service are considered strictly confidential.

        Health Service is located on the Edwardsville Campus in the Student Success Center, lower level, Room 0222. Office hours are Monday-Friday, 8:00am-4:30pm, phone 618-650-2842.

      4. Employees have access to the Employee Assistance Program & Counseling (EAP), which is a free and confidential resource.   More information is available on the Central Management Services Employee Assistance Program web site.
  6. Reporting Options

    The University is committed to providing a variety of welcoming and accessible options so that all instances of sexual assault, sexual misconduct, stalking and relationship violence will be reported.  The University has a strong interest in supporting victims and survivors of sexual assault, sexual misconduct, stalking and relationship violence and encourages all individuals or third party witnesses to report any incident to the University and, if it involves potential criminal conduct, to law enforcement. Upon receipt of a report, the University will provide the individual with a notification of their rights and options regarding filing a complaint, identifying campus officials who can provide assistance, and possible interim measures.

    Electronic Reports, to which a response will be provided within 12 hours of receipt, can be submitted to ReportSexualAssault@siue.edu

    1. Title IX Coordinator

      All University community members are encouraged to report all incidents of sex and/or gender discrimination, harassment or retaliation directly to the Title IX Coordinator.  The Title IX Coordinator is specifically charged with coordinating the initial assessment, initiating the investigation, and responding to allegations of sexual assault, sexual misconduct, stalking and relationship violence, to stop the harassing conduct, address its effects, and prevent its recurrence. Reports of certain crimes committed on campus will be reported to the SIUE Police Department as required by the Clery Act. The Title IX Coordinator is:

      Chad Martinez 
      Director
      Equal Opportunity, Access & Title IX Coordination
      SIUE Campus Box 1025
      Edwardsville, IL 62026
      Rendleman Hall, 3316
      Phone: 618-650-2333
      Fax: 618-650-2270 
      cmartaa@siue.edu

      The University has named the following individual as an Assistant Title IX Coordinator who can also receive reports:

      Katherine Zingg
      Assistant Athletic Director for Compliance
      Intercollegiate Athletics
      Vadalabene Center, 1331B
      618-650-5475
      kzingg@siue.edu

    2. Other Campus Reporting Contacts

      The University recognizes, however, that a student or employee may choose to confide in any employee of the University. For example, a student may choose to confide in a department chair, a resident assistant, a faculty member, a director or a coach. Similarly, an employee may choose to confide in a supervisor or colleague. Please note that all University employees (except those bound by a legal privilege, such as licensed medical providers or counselors in Counseling and Health Services) who are informed about a sexual assault, sexual misconduct or relationship violence are required to report the information to a Campus Reporting Contact or to the Title IX Coordinator or designee.

      To enable the University to respond to all reports in a prompt and equitable manner, the University has designated the following Campus Reporting Contacts to receive reports of sexual assault, sexual misconduct, relationship violence and/or stalking.  The designated Campus Reporting Contacts have been trained to make the Complainant aware of available options to aid the Complainant in making an informed decision as to a course of action. Campus Reporting Contacts are required to forward any reports to the Title IX Coordinator, but all efforts will be made to ensure privacy and that only individuals that have a need to know are provided any information. The designated Campus Reporting Contacts are:

    3. Reporting to Law Enforcement/Criminal Complaint

      The University encourages Complainants to pursue criminal action for incidents of sexual assault, sexual misconduct, stalking and relationship violence that may also be crimes under state criminal statutes.  Contacting law enforcement is the best option to provide physical safety, emotional support, and medical care to the Complainant.  It is also the best option to ensure preservation of evidence, which may only exist for a limited period of time, and to begin a timely investigative and remedial response. The University will assist a Complainant, at the Complainant’s request, in contacting local law enforcement and will cooperate with law enforcement agencies if a Complainant decides to pursue the criminal process.

      The University’s Policy, definitions, and burden of proof differ from Illinois criminal law. A Complainant may seek resolution through the University’s complaint process, may pursue criminal action, may choose one but not the other, or may choose both. Neither law enforcement’s determination on whether or not to prosecute a Respondent nor the outcome of any criminal prosecution are determinative of whether sexual assault, sexual misconduct or relationship violence has occurred under this Policy. Proceedings under the University’s Sexual Assault, Sexual Misconduct and Relationship Violence Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.

      SIUE Police Department
      Emergency Telephone Number - 911
      Non-Emergency Telephone Number - (618) 650-3324
      99 Supporting Services Drive
      Edwardsville, IL 62026

      Edwardsville Police Department
      400 N Main St
      Edwardsville, IL 62026
      (618) 656-2131

    4. Bystanders

      All reporting options are available to bystanders. The University encourages all members of the University community to take reasonable and prudent steps to prevent or stop incidents of sexual misconduct. Taking action may include direct intervention when safe to do so, enlisting the help of friends, contacting the SIUE Police Department or other local law enforcement, or seeking assistance from a person in authority. Community members who choose to exercise this positive, moral obligation will be supported by the University and protected from retaliation. More information regarding bystander action can be found on the Counseling Services website at http://www.siue.edu/counseling/.
    5. Anonymous Reporting

      Any individual may make an anonymous report concerning an act of sexual assault, sexual misconduct or relationship violence. A report can be made without disclosing one’s own name, identifying the Respondent, or requesting any action. Depending on the level of information available about the incident or the individuals involved, anonymous reporting may impact the University’s ability to respond or take further action.

      As with all other reports, all anonymous reports will go to the Title IX Coordinator for review and appropriate response and action. Where there is sufficient information, the University will ensure that anonymous reports are reviewed and included for compliance with the Clery Act.

    6. Reporting Considerations

      1. Timeliness of Report, Location of Incident

        Complainants and third party witnesses are encouraged to report sexual assault, sexual misconduct, stalking and relationship violence as soon as possible in order to maximize the University’s ability to respond promptly and effectively.  However, there is no time limit on reporting violations of this Policy. If the Respondent is no longer a student or employee, the University may not be able to take action against the Respondent, but will still seek to meet its Title IX obligation by providing support for the Complainant and taking steps to end the harassment, prevent its recurrence, and address its effects.

        An incident does not have to occur on campus to be reported to the University. Off-campus conduct that substantially interferes with the mission of the University including but not limited to, interference with the safety and well-being of self or others and/or interference with the academic pursuits or employment environment of its students, faculty, or staff is covered by this Policy. 

      2. Amnesty for Personal Use of Alcohol or Other Drugs by Students

        The University seeks to remove any barriers to reporting. The University will generally offer any student, whether the Complainant or a third party, who reports sexual assault, sexual misconduct or relationship violence limited immunity from being charged for policy violations related to the personal ingestion of alcohol or other drugs, provided that any such violations did not and do not place the health and safety of another person at risk. The University may choose, however, to pursue educational or therapeutic remedies for those individuals.

      3. Confidentiality

        The University will make reasonable and appropriate efforts to preserve a Complainant’s and Respondent’s privacy and to protect the confidentiality of information. Should a Complainant request confidentiality, the Title IX Coordinator will inform the Complainant that the University’s ability to respond may therefore be limited – but that where feasible, the University will take reasonable steps to prevent Prohibited Conduct and limit its effects. The Title IX Coordinator will further inform the Complainant that it is not possible to provide confidentiality in all cases and that the University’s decision to share information with others is subject to the balancing test described below in Section VIII.  In summary, although the University’s goal is to limit the number of individuals who may learn about an allegation of Prohibited Conduct or an investigation, the University cannot guarantee confidentiality in all matters.  The only completely confidential resources on-campus are the Confidential Advisor, Counseling and Health Services, listed above in Section V.
      4. False Reporting

        The University takes the validity of information very seriously as a charge of sexual assault, sexual misconduct or relationship violence may have severe consequences.

        A Complainant who makes a report that is later found to have been intentionally false or made maliciously without regard for truth may be subject to disciplinary action and may also violate state criminal statutes and/or civil defamation laws. This provision does not apply to reports made in good faith, even if the facts alleged in the report are not substantiated by an investigation.

        Similarly, a Respondent or witness who is later proven to have intentionally given false information during the course of an investigation or hearing may be subject to disciplinary action.

    7. Retaliation

      Retaliation against a student or an employee who reports or discloses an alleged violation of this policy, or who participates in an investigation of a complaint, is prohibited. Retaliation is prohibited by University policy, state and federal law, and can lead to disciplinary action independent of the allegations.
    8. Response Protocol

      The University will respond to all reports of sexual assault, sexual misconduct or relationship violence in a timely, effective, and consistent manner. Factors the University may consider in determining which response procedure(s) to follow include when the report is filed and how the Complainant chooses to proceed. The University’s response procedures include, but are not limited to, the following:


      1. All employees who are aware of sexual assault, sexual misconduct or relationship violence are required to report the information to a Campus Reporting Contact (listed in Section VI. B of this Policy) or to the Title IX Coordinator or designee, unless the employee is otherwise designated as a confidential resource.
      2. The Campus Reporting Contact will assist the Complainant in getting to a safe place. In doing so, the Campus Reporting Contact will coordinate with the SIUE Police as needed.
      3. The Campus Reporting Contact will encourage the Complainant to seek prompt medical attention for treatment of injuries and preservation of evidence, discuss the reasons why prompt medical treatment is important, and arrange for transportation to the hospital if the Complainant agrees to such medical treatment.
      4. The Title IX Coordinator will inform the SIUE Police of the report, if the report was not initially received by the Police Department.
      5. The Complainant will have the option to file a criminal report with the SIUE Police Department or appropriate jurisdiction. Declining to speak with the SIUE Police Department, or other appropriate jurisdiction, at the time of the initial report does not preclude the Complainant from filing a criminal report at a later date.
      6. The Campus Reporting Contact or the Title IX Coordinator will coordinate with a counselor from Counseling Services if a student Complainant wishes to receive such services.  Employee Complainants will be provided assistance in identifying resources.

      7. The Campus Reporting Contact will provide to the Complainant information describing the various reporting options described in this policy and available resources. The information will be discussed at the time of the initial report and provided in writing.

      8. If the Complainant wishes to pursue a report through this process, the Campus Reporting Contact will arrange for the Title IX Coordinator to contact the Complainant within one (1) business day of receiving the report to discuss the process, as well as available options, including, but not limited to, academic assistance, alternative housing, or a “no contact” order from the University.

      9. If the Complainant does not wish to pursue a report through this Policy, the Campus Reporting Contact will provide a referral to appropriate resources listed in this Policy. The Campus Reporting Contact will also provide information on available options, including, but not limited to, academic assistance, alternative housing, or a “no contact” order from the University. Please note that even if the Complainant chooses not to participate in this process or pursue the report as a criminal matter, the University is obligated to review the report and may initiate the investigative process if enough information is available.
  7. Interim Measures and Accommodations

    1. Overview

      Upon receipt of a report, and throughout the investigation and appeal process, the University will implement reasonable and appropriate interim measures designed to eliminate the reported hostile environment and protect the parties involved. The University will maintain consistent contact with the parties to ensure that all reasonable safety and emotional and physical well-being concerns are being addressed and will review any measures to ensure on-going effectiveness and necessity.  Measures may be imposed regardless of whether formal disciplinary action is sought by the Complainant or the University in order to ensure the preservation of the Complainant’s educational or employment experience and the overall University environment.

      A Complainant or Respondent may request separation or other protection, or the University may choose to impose interim measures without a request, to ensure the safety of all parties, the broader University community, and/or the integrity of the investigative and/or resolution process.  The University will take immediate and responsive action to enforce a previously implemented measure and disciplinary sanctions can be imposed for failing to abide by a University-imposed measure.

    2. Range of Measures

      The University will implement appropriate and reasonable interim measures. Potential measures, which may be applied to the Complainant and/or the Respondent to the extent reasonably available and warranted by the circumstances, include:

      1. Access to counseling services and assistance in setting up initial appointment, both on and off campus

      2. Imposition of an on-campus “no-contact directive”

      3. Rescheduling of exams and assignments

      4. Providing alternative course completion options

      5. Change in class schedule, including the ability to transfer course sections or withdraw from a course without penalty

      6. Change in work schedule or job assignment

      7. Change in student’s University-sponsored or controlled housing

      8. Limit of an individual’s or organization’s access to certain University facilities, including dining facilities, or activities, pending resolution of the matter

      9. Voluntary leave of absence

      10. Providing an escort and needed transportation to ensure safe movement between classes and activities

      11. Uphold no contact orders or orders of protection issued by other bodies
      12. Providing academic support services, such as tutoring

      13. University-imposed administrative leave or separation

      14. Interim suspension

      15. Any other remedy which can be tailored to the involved individuals to achieve the goals of this Policy.

  8. Investigation, Determination, and Appeals

    Although a report may come in through many sources, the University is committed to ensuring that all reports are referred to the Title IX Coordinator, who will ensure consistent application of  the Policy to all individuals and allow the University to respond promptly and equitably to eliminate the harassment, prevent its recurrence, and address its effects.

    1. Title IX Assessment

      The University will conduct an initial Title IX assessment of every complaint under this Policy. The assessment will consider the nature of the report, the safety of the individual and of the campus community, the Complainant’s expressed preference for resolution, and the necessity for any interim measures or accommodations to protect the safety of the Complainant or the community. Where possible and as warranted by an assessment of the facts and circumstances, the University will seek action consistent with the Complainant’s request.

      As part of the initial assessment of the facts, the University will:

      • assess the nature and circumstances of the allegation
      • address immediate physical safety & emotional well-being
      • notify the Complainant of the right to contact law enforcement and seek medical treatment
      • notify the Complainant of the importance of preservation of evidence
      • assess the reported conduct for the need for a timely warning under the Clery Act
      • provide the Complainant with information about on- and off-campus resources
      • notify the Complainant of the range of interim accommodations and remedies
      • provide the Complainant with an explanation of the procedural process
      • identify an adviser, advocate, and/or support person for the Complainant
      • assess for pattern evidence or other similar conduct by Respondent
      • discuss the Complainant’s expressed preference for the manner of resolution and any barriers to proceeding and
      • explain the University’s policy prohibiting retaliation.

      Where a Complainant requests that a name or other identifiable information not be shared with the Respondent or that no formal action be taken, the University will balance this request with its dual obligations to provide a safe and non-discriminatory environment for all University community members
and to afford a Respondent fundamental fairness and due process by providing notice and an opportunity to respond before action is taken against a Respondent.

      In the event that a Complainant does not wish to proceed with an investigation, the Title IX Coordinator will determine, based on the available information, including any investigative report, whether the investigation should nonetheless go forward. In making this determination, the University will consider, among other factors, whether the Complainant has requested confidentiality; whether the Complainant wants to participate in an investigation; the severity and impact of the sexual misconduct; the respective ages of the parties; whether the Complainant is a minor under the age of 18; whether the Respondent has admitted to the sexual misconduct; whether the Respondent has a pattern of committing sexual misconduct; the existence of independent evidence; and the extent of prior remedial methods taken with the Respondent.  Where the University is unable to take action consistent with the request of the Complainant, the Title IX Coordinator will communicate with the Complainant about the University’s chosen course of action.

      Following this assessment, the University may: 1) institute measures that are consistent with the Complainant’s stated preference while balancing the University’s responsibility to protect the University community; or, 2) initiate an investigation to determine if a violation of the Policy has occurred. The goal of the investigation is to gather all relevant facts and determine if there is sufficient information to refer the report for disciplinary action. 

      The determination as to how to proceed will be communicated to the Complainant in writing by the Title IX Coordinator.  A Respondent will be notified when the University seeks action that would impact a Respondent, such as protective interim measures that impact the Respondent directly or the initiation of an investigation.

    2. Investigation

      Where the Title IX assessment concludes that an investigation is warranted, the University will initiate an investigation. Before beginning an investigation, the Title IX Coordinator will contact the Complainant and request consent from the Complainant to proceed with an investigation.  As discussed above, an investigation may still go forward without the Complainant’s request.  

      1. When the Title IX assessment concludes that an investigation is warranted, the Title IX Coordinator will appoint an investigator and initiate an investigation according to the SIUE Sexual Harassment Complaint Procedures - 2C5 & 3C4.

      2. In cases where the Respondent is a student and where the investigator finds that by a preponderance of the evidence the Policy was violated, the investigator will notify the Dean of Students that a violation has occurred and will make a recommendation for appropriate discipline. If the student is a graduate assistant or student worker, the appropriate supervisor and the Dean of Students will receive notification. Those who were originally notified of the complaint will receive a copy of the written report.

      3. In cases where the Respondent is an employee, the investigator will notify the Respondent's supervisor that the investigation is complete, and if a preponderance of the evidence supports a determination that a violation of the Policy occurred, will make recommendations for appropriate discipline. Those who were originally notified of the complaint will receive a copy of the written report.

        A Title IX Investigation should be completed within thirty (30) working days of receipt of a complaint. The Title IX Coordinator may extend this time frame for good cause, including University breaks.

    3. Appeal Process

      If the Complainant or the Respondent is dissatisfied with final determinations made under this Policy, that person may file an appeal. The appeal should be filed in writing with the investigator and the Title IX Coordinator within five (5) working days of notification of the results of the investigation; either the Complainant or Respondent may notify the Title IX Coordinator of his or her wish to appeal. Where the Complainant or Respondent elects to appeal to the Sexual Harassment Panel, within three (3) working days of receipt of the notice of appeal, the Title IX Coordinator shall initiate the appeal process.  For additional information on the Appeal Process, refer to the SIUE Sexual Harassment Complaint Procedures - 2C5 & 3C4

    4. Substantial Compliance

      Substantial compliance with these procedures shall be deemed full compliance if the party challenging the procedures has suffered no substantial harm caused by the actual procedure used.

    5. Sanctions

      Employees and Other Individuals

      If there is a finding of a Policy violation against a University employee or another individual, the University may impose sanctions pursuant to applicable disciplinary procedures including, but not limited to:

      • Apology to the victim
      • Advice and counseling
      • Required attendance at training
      • Written warning
      • Letter of reprimand
      • Removal of sexually explicit material
      • Required attendance at substance abuse training, if substance abuse was involved
      • Loss of travel dollars
      • Loss of choice assignments
      • Change of job or class assignment
      • Suspension, probation, termination
      • Loss of access to the University
      Students

      If there is a finding of a Policy violation against a student or student group, the University may impose sanctions including, but not limited to:

      • Apology to the victim
      • Written warning
      • Letter of reprimand
      • Removal of sexually explicit material
      • Prohibiting students from holding office or participating in activities such as sports events for a specified time
      • Transferring the student to another class or job
      • Disbanding or suspending a social organization or another student group involved in behavior
      • Transferring students to different housing or prohibiting them from living in institutional housing facilities
      • Requiring attendance at substance abuse training, if substance abuse was involved
      • Requiring relevant community service
      • Requiring perpetrators to attend workshops on peer harassment
      • Loss of student worker position or graduate assistantship
      • Suspension, probation, dismissal or expulsion
  9. Education and Prevention

    In accordance with the University’s philosophy and mission, as well as Federal guidelines, programming and training about the Policy and the expectations of our community regarding sexual conduct, reporting options and procedures related to incidents of sexual assault, sexual misconduct or relationship violence and prevention are required for all students, faculty, and staff.

  10. Additional Resources and Support Services

    Whether or not a Complainant chooses to make an official report of Prohibited Conduct, he or she is urged to seek appropriate help. There are numerous resources available. Specific resources, either on-or off-campus, for medical treatment, legal evidence collection, obtaining information, support and counseling, and officially reporting a sexual misconduct or sexual assault are listed below. Each resource can assist a person to access the full range of services available. Discussing allegations of Prohibited Conduct with a Confidential Resource will not result in a report to the Title IX Coordinator.

    Confidential Resources On-Campus for Students:

    Non-Confidential Resources On-Campus:

    Off-Campus Resources:

    Sexual Assault

    Relationship Violence

    Other

  11. Attribution

    Sexual assault, misconduct, relationship violence, stalking, and other violence are governed by State and Federal laws and statutes.  This Policy was developed in accordance with Title IX of the Education Amendments of 1972, the Violence Against Women Act, and the Campus Sexual Violence Elimination Act, as well as guidance issued by the United States Department of Education Office of Civil Rights.  Additionally, policies from other institutions were reviewed including:  Southern Illinois University Carbondale, University of Illinois, Colorado State University, University of Dayton, Saint Louis University, Marymount University, University of North Carolina, University of Michigan, Swarthmore College, Duke University, Yale University, and Illinois State University.  

Approved by Chancellor effective 7/27/16
This policy was issued on August 5, 2016.
This policy was edited on May 25, 2017, replacing the August 5, 2016 version.
Document References: 2C13 & 3C14
Origin: OC 1/14/15; OC 7/27/16

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