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").
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.
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:
“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.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:
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.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.
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 the 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
Metro East Every Survivor Counts (24 hrs/day)
618-397-0975
535 Edwardsville Road
Troy, IL 62294
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:
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.
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.
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.
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:
Ms. Kimberly Kilgore
Interim Director
Office of Equal Opportunity, Access
and Title IX Coordination
Rendleman Hall, Room 3314
618-650-2333
kikilgo@siue.edu
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:
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 the 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
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.
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.
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.
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.
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:
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.
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:
Access to counseling services and assistance in setting up an initial appointment, both on and off campus
Imposition of an on-campus “no-contact directive”
Rescheduling of exams and assignments
Providing alternative course completion options
Change in class schedule, including the ability to transfer course sections or withdraw from a course without penalty
Change in work schedule or job assignment
Change in student’s University-sponsored or controlled housing
Limit of an individual’s or organization’s access to certain University facilities, including dining facilities, or activities, pending resolution of the matter
Voluntary leave of absence
Providing an escort and needed transportation to ensure safe movement between classes and activities
Providing academic support services, such as tutoring
University-imposed administrative leave or separation
Interim suspension
Any other remedy which can be tailored to the involved individuals to achieve the goals of this Policy.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Approved by Chancellor effective 8/14/20
This policy was issued on August 5, 2016.
This policy was edited on August 14,2020, replacing the June 27, 2018 version.
Document References: 2C13 & 3C14
Origin: OC 1/14/15; OC 7/27/16; OC 8/14/20
