Policies & Procedures

Miscellaneous

Title IX Policy & Grievance Procedure - Sex Based Harassment- 2C9 & 3C8 (August 1, 2024)

1. General Policy Statement
   1. Southern Illinois University Edwardsville (the University) is committed to maintaining a learning and working environment that is free from discrimination based on sex in accordance with Title IX of the Higher Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex (including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity) in education programs or activities; Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits sex discrimination in employment; and the Campus Sexual Violence Elimination Act (SaVE Act), Violence Against Women Act (VAWA), and Clery Act. Sexual Misconduct, Retaliation, and other conduct prohibited under this Policy will not be tolerated and will be subject to disciplinary action.
   2. The University will promptly discipline any individuals or organizations within its control who violate this Policy. The University encourages you to promptly report incidents that could constitute violations of this Policy to the Title IX Coordinator (as outlined in Section 4 of this Policy).
   3. SIUE student-athletes with inquiries concerning the application of Title IX to programs and activities may contact the Assistant Title IX Coordinator: Mr. Mark Izquierdo, Associate Athletic Director, Intercollegiate Athletics, Vadalabene Center, Room 1602, Campus Box 1129, SIUE Campus, Edwardsville, IL 62026-1129, Telephone: (618) 650-5475, Email: [email protected].
2. Scope of Procedure
   
   Sex-Based Harassment is considered discrimination on the basis of sex if it includes harassment due to actual or perceived sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity.

3. Jurisdiction of Procedure
   
   The University’s Title IX Coordinator* (*throughout this policy, any reference to “EOA Director/Title IX Coordinator” includes “or their designee” unless specifically stated otherwise) will determine if this Grievance Procedure applies to a Complaint. This Grievance Procedure will apply when the following elements are met, in the reasonable determination of the Title IX Coordinator:
   
   
   • The conduct alleged occurred on or after August 1, 2024;
   • The conduct alleged occurred in the United States;
   • The conduct alleged occurred in the University’s Education Program or Activity; and
   • The conduct alleged, if true, would constitute Sex-Based Harassment as defined in this Grievance Procedure.

 *”Title IX Coordinator (or their designee)” applies throughout these procedures unless specifically noted otherwise.

The University has an obligation to address a sex-based Hostile Environment under its Education Program or Activity, even when some conduct alleged to be contributing to the Hostile Environment occurred outside a University Education Program or Activity, or outside of the United States, when the conduct potentially affects a person’s education or employment with the University or potentially poses a risk of harm to members of the University community. The University’s Title IX Coordinator will work with all Complainants to assess such Complaints that may fall under these criteria, and direct to appropriate University Policies and Procedures that may apply if this Grievance Procedure does not. The University will communicate all such decisions in writing to the Complainant. Any such dismissals shall be subject to appropriate appeal rights under this Grievance Procedure as outlined in the Dismissals section.

Conduct that occurs under an University Education Program or Activity includes, but is not limited to, conduct that occurs in a building owned or controlled by a student organization that is officially recognized by the University, and conduct that is subject to the University’s disciplinary authority under the Student Code of Conduct.

If all elements of jurisdiction are met, the University will investigate the allegations according to this Grievance Procedure as appropriate, unless informal resolution is pursued or unless there are grounds for dismissal of the Complaint.

4. Non-Discrimination in Application
   
   The requirements and protections of this Grievance Procedure apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by applicable federal, state, or local law. All requirements and protections are equitably provided to individuals regardless of such protected status(es) or status as a Complainant, Respondent, or Witness. Individuals who wish to file a Complaint about the institution’s policy or process may contact the U.S. Department of Education’s Office for Civil Rights using contact information available at https://ocrcas.ed.gov/contact-ocr.
   
   This Policy applies to all University administrators, faculty, staff, students, and third parties within the University’s control, including visitors and applicants for admission or employment. It applies to conduct that occurs off campus when the conduct potentially affects a person’s education or employment with the University or potentially poses a risk of harm to members of the University community. It also applies regardless of the gender, gender identity or sexual orientation of the parties.
   
   
5. Definitions
   
   1. Admission. “Admission” means selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an Education Program or Activity operated by the University.
      
      
   2. Business Days. “Business Days” are weekdays that are not specified as University holidays or closure days.
      
      
   3. Complainant. “Complainant”
      1. a student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment as defined in this Grievance Procedure and who was participating or attempting to participate in the University’s Education Program or Activity; or
      2. a person other than a student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment under this Grievance Procedure and who was participating or attempting to participate in the University’s Education Program or Activity at the time of the alleged Sex-Based Harassment.
   4. Complaint. “Complaint” is an oral or written request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged Sex-Based Harassment at or related to the institution.
      
      
   5. Confidential Employee. “Confidential Employee” is defined as:
      1. an employee whose communications are privileged under Federal or State law. The employee’s confidential status is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
      2. an employee of the University who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination. The employee’s confidential status is only with respect to information received while conducting the study.
   6. Education Program or Activity. "Education Program or Activity" means any academic, extracurricular, research, occupational training, or other Education Program or Activity operated by the University.
      
      
   7. Party. “Party” means Complainant or Respondent.
      
      
   8. Relevant. “Relevant” means related to the allegations of Sex-Based Harassment under investigation as part of this Grievance Procedure. Questions are Relevant when they seek evidence that may aid in showing whether the alleged Sex-Based Harassment occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether the alleged Sex-Based Harassment occurred.
      
      
   9. Remedies. “Remedies” are measures provided, as appropriate, to a Complainant or any other person the University identifies as having had their equal access to a University Education Program or Activity limited or denied by Sex-Based Harassment. These measures are provided to restore or preserve that person’s access to an Education Program or Activity after the University determines that Sex-Based Harassment occurred.
      
      
   10. Respondent. "Respondent" is a person who is alleged to have violated the University’s prohibition on Sex-Based Harassment.
       
       
   11. Retaliation “Retaliation” is defined as intimidation, threats, coercion, or discrimination by any person at SIUE, a student, or an employee or other person authorized by the University to provide aid, benefit, or service under SIUE’s Education Program or Activity, for the purpose of interfering with any right or privileged secured by non-discrimination laws or policies, or because the person has reported information, made a Complaint, testified, assisted or participated, or refused to participate in any manner in an investigation, proceeding, or hearing.
       
       
   12. Sanctions. “Sanctions” are consequences imposed on a Respondent following a determination under this procedure that the Respondent violated the University’s prohibition on discrimination.
       
       
   13. Sex-Based Harassment. “Sex-Based Harassment” means sexual harassment and other harassment on the basis of sex, including harassment because of gender identity, sexual orientation, sex characteristics, sex stereotypes, and/or pregnancy and other conditions, that is:
       
       
       1. Quid Pro Quo Harassment. An employee, agent, or other person authorized by a University Education Program or Activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
       2. Hostile Environment Harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s Education Program or Activity (i.e., creates a Hostile Environment). Whether a Hostile Environment has been created is a fact-specific inquiry that includes consideration of the following: (i) the degree to which the conduct affected the Complainant’s ability to access the University’s  Education Program or Activity; (ii) the type, frequency, and duration of the conduct; (iii) the Parties’ ages, roles within the University’s Education Program or Activity, previous interactions and other factors about each Party that may be Relevant to evaluating the effects of the conduct; (iv) the location of the conduct and the context in which the conduct occurred; and (v) other Sex-Based Harassment in the University’s Education Program or Activity;
          
          
       3. Sexual Assault (as defined in the Clery Act, 20 U.S.C. 1092(f)) means any sexual act directed against another person, without the Consent of the victim, including instances where the victim is incapable of giving Consent;
          
          
       4. Dating Violence (as defined in the Violence Against Women Act (VAWA) Reauthorization of 2022 and the VAWA Amendments to the Clery Act) means any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.
          
          
       5. Domestic Violence - any felony or misdemeanor crimes committed by a person who: (A) is a current or former partner of the victim under the family or Domestic Violence laws of Illinois, or a person similarly situated to a spouse of the victim; (B) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (C) shared a child in common with the victim; or (D) commits acts against a youth or adult victim who is protected from those acts under the family or Domestic Violence laws of Illinois;
          
          
       6. Stalking - engaging in a course of conduct (2 or more acts) directed at a specific person that would cause a reasonable person to: (A) fear for the person’s safety or the safety of others; or (B) suffer substantial emotional distress.
          
          
       7. 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:
          
          1. non-consensual video or audio-taping of sexual activity;
          2. going beyond the boundaries of consent (such as letting others hide in the closet to watch you having consensual sex);
          3. engaging in voyeurism;
          4. knowingly transmitting an STD or HIV to another person;
          5. exposing one’s genitals in non-consensual circumstances;
          6. inducing another to expose their genitals;
   14. Student. “Student” is an individual who has gained admission to the University.
       
       
   15. Supportive Measures. “Supportive Measures” are individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to: (1) restore or preserve that Party’s access to the University’s Education Program or Activity, including measures that are designed to protect the safety of the Parties or the University’s educational environment; or (2) provide support during the University’s Grievance Procedure for Sex-Based Harassment or during the informal resolution process.
6. Effective Date
   
   This policy and procedure will be applicable to incidents which occur on or after August 1, 2024.  For incidents which occurred before August 1, 2024, the University’s Sexual Assault, Sexual Misconduct and Relationship Violence Policy & Procedures or Title IX Policy will be applicable.
   
7. Disability Accommodations
   
   This Grievance Procedure does not alter any institutional obligations under applicable federal, state, and/or local disability laws, including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973, among others. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Procedure that do not fundamentally alter the Procedure. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.
   
   Requests for Reasonable Accommodations During the Title IX Grievance Procedure:
   
   If the Complainant or Respondent discloses a disability, the Title IX Coordinator (or their designee) may consult, as appropriate, with the Office for Accessible Campus Community & Equitable Student Support (ACCESS) to provide support to students with disabilities to determine how to comply with applicable law including, without limitation, Section 504 of the Rehabilitation Act of 1973, in the implementation of any Supportive Measures, or any other reasonable accommodations requested during the Grievance Procedure.
8. Basic Requirements of the Grievance Procedure
   
   The University is required to:
   
   • Treat Complainants and Respondents equitably;
   • Ensure that any person designated by the University as a Title IX Coordinator, investigator, or decisionmaker does not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent;
   • Establish reasonably prompt timeframes for the major stages of this Grievance Procedure, including a process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the Parties that includes the reason for the delay;
   • Ensure that reasonable steps to protect the privacy of the Parties and witnesses during the pendency of the Grievance Procedure are taken, provided that the steps do not restrict the abilities of the Parties to obtain and present evidence, including by speaking to witnesses (as long as such does not result in Retaliation), consult with their family members, confidential resources, or advisors, or otherwise prepare for or participate in this Grievance Procedure;
   • Ensure an objective evaluation of all evidence that is Relevant and not otherwise impermissible under this procedure, including both inculpatory and exculpatory evidence, and provide that credibility determinations must not be based on a person’s status as a Complainant, Respondent, or Witness;
   • Exclude impermissible evidence from consideration as defined in the Grievance Procedure; and
   • Clearly articulate principles for how the University will determine which policies and procedures apply if not all such Complaints are handled under this institutional Grievance Procedure.
   • The decisionmaker may be the same person as the Title IX Coordinator or investigator as allowed by the 2024 Title IX Regulations; no inference of bias or conflict of interest can be drawn solely because the decisionmaker is the same person as the Title IX Coordinator or investigator in a case.
9. Reporting Sex-Based Harassment to the University
   
   Non-Confidential Reports
   
   Any person may report sex discrimination, including Sex-Based Harassment (whether or not the person reporting is the person alleged to be the victim of the conduct that may constitute sex discrimination or Sex-Based Harassment), in person, using electronic reporting form available online (see EOA page on SIUE website), by email, by mail, or telephone, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.
   
   Contact Information for the Title IX Coordinator
   Mary Zabriskie
   Director for Equal Opportunity, Access & Title IX Coordination
   618-650-2333
   [email protected]
   Rendleman Hall 3314
   Campus Mail Box 1025
   
   The following individuals will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited by Title IX:
   
   • Title IX Coordinator, Deputy Title IX Coordinator(s), or designee(s);
   • all other employees at the University that are not designated as confidential resources.

Confidential Reports

The following officials at the University may provide confidentiality. Students may discuss an incident with Confidential Employees without concern that the person’s identity will be reported to the Title IX (EOA) Office:

• Counseling Services provides individual counseling 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 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.
  
  
• 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.
  
  
• Confidential Advisor provides emergency and ongoing support to students impacted by sexual violence and relationship violence. The Confidential Advisor will provide confidential services and have privileged and confidential communications on topics including 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, the Confidential Advisor  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 with making contact about and/or reporting an assault.
  
  The Confidential Advisor is:
  Metro East Every Survivor Counts
  618-397-0975
  
  
• Employee Assistance Program & Counseling (EAP) Employees have access to the Employee Assistance Program (EAP), which is a free and confidential resource.   More information is available on the Central Management Services Employee Assistance Program web site.

Anonymity. An anonymous report can be made by telephone, in writing, or electronically on the forms found on the EOA page of the University’s website. It’s important to understand that a decision to remain anonymous may limit the University’s ability to stop the alleged conduct, collect evidence, or take action against parties accused of violating this Policy.

Timeliness of Reporting. Mandatory Reporters (all employees other than those designated as Confidential employees) are required to report known incidents and information of Sexual Misconduct promptly to the Title IX Coordinator. For others in the University community, you are strongly encouraged to report Sexual Misconduct, Retaliation, and any other conduct prohibited under this Policy as soon as you become aware of such conduct.

Reporting to Law Enforcement. Individuals may also file a police report with Southern Illinois University Edwardsville Police Department at 618-650-3324 (non- emergency) or 911 (emergency) or to the City of Edwardsville Police Department 618-656-2131 (non-emergency) or 911 (emergency) or to other local law enforcement authorities. The Title IX Office can help individuals contact these law enforcement agencies. Employees and students with protective or restraining orders relevant to a complaint are encouraged to provide a copy to the University Police Department.

Reporting to Outside Entities. You may also contact the following external agencies:

For students:
Office for Civil Rights
Chicago Office
U.S. Department of Education
John C. Kluczynski Federal Building
230 S. Dearborn Street, 37th Floor
Chicago, IL 60604
Telephone: (312) 730-1560
Facsimile: (312) 730-1576
Email: [email protected]

Office for Civil Rights
U.S. Department of Health and Human Services
233 N. Michigan Ave., Suite 240
Chicago, IL 60601
Customer Response Center: (800) 368-1019
Fax: (202) 619-3818
TDD: (800) 537-7697
Email: [email protected]

For employees:
U.S. Equal Employment Opportunity Commission
St. Louis District Office
1222 Spruce Street
Room 8.100
St. Louis, MO 63103
Phone:  1-800-669-4000
Fax:314-798-1960
TTY:1-800-669-6820
ASL Video:844-234-5122
https://www.eeoc.gov/

Illinois Department of Human Rights

 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.

10.  Parties’ Rights Regarding Confidentiality, Requests to Not Investigate, and Requests to Dismiss Formal Complaints.
    
    The University recognizes the importance of privacy considerations of the parties identified in a report involving Sex-Based Harassment. However, Mandatory Reporters (all employees other than those designated as Confidential) who receive information of alleged Sexual-Based Harassment must share that information with the Title IX Coordinator. As such, the University may need to act to maintain campus safety and must determine whether to investigate further, regardless of the Complainant’s request for confidentiality or request to not investigate a report received by the Title IX Coordinator.
    
    In making determinations regarding requests for confidentiality, Complainants’ requests to not investigate, Complainants’ requests to dismiss Complaints, and/or requests to not disclose identifying information to Respondents, the Title IX Coordinator must deliberately weigh the rights, interests, and safety of the Complainant, the Respondent, and the campus community. Factors the University must consider when determining whether to investigate an alleged incident of Sex-Based Harassment include, but are not limited to:
    
    • The seriousness of the alleged incident;
    • Whether the University has received other reports of alleged Sex-Based Harassment by the alleged Respondent;
    • Whether the alleged incident poses a risk of harm to others; and
    • Any other factors the University determines relevant.

 When a Complaint of Sex-Based Harassment remains confidential, the University is often limited in the ways it can respond and address any issues raised.

In the course of the Grievance Process, the University may share information only as necessary with people who need to know in compliance with the law, which may include but is not limited to the investigators, witnesses, Complainant, Respondent, parties’ advisors, hearing officer, and the appellate officer—if applicable. The University will take all reasonable steps to ensure there is no retaliation against the parties or any other participants in the investigation or in any other part of the Grievance Process.

Mandatory Reporter Obligations

Sex-Based Harassment Responsibilities
Mandatory Reporters (all employees other than those designated as Confidential) who receive information of alleged Sexual-Based Harassment must share that information with the Title IX Coordinator. If a Mandatory Reporter knowingly fails to report all information concerning an incident the employee reasonably believes constitutes stalking, dating violence, sexual assault, or sexual harassment committed by or against a student or employee at the time of the incident, the employee is subject to disciplinary action pursuant to applicable procedures, up to and including termination.

Notification to Students of Pregnancy and Pregnancy Related Rights Under Title IX
When a student (or student’s legal representative) notifies a college employee of a pregnancy or pregnancy-related condition, the employee will be required to provide the student or student representative with the institution’s Title IX Coordinator contact information.

Once the Title IX Coordinator is notified, the college will be required to:

• Inform the student of the college’s obligations to students who are pregnant or experiencing pregnancy related conditions and restrictions on recipient disclosure of personal information.
• Provide the student with the option of individualized, reasonable modifications as needed to prevent discrimination and ensure equal access to the recipient’s education program or activity.
• Allow the student a voluntary leave of absence for, at minimum, the medically necessary period and reinstatement upon return.
• Provide pregnant employees with a clean and private space, as well as reasonable break time, for lactation purposes.

11.  Resources and Assistance.
    Immediate Assistance
    Sexual Assault
    • Metro East Every Survivor Counts: 618-397-0975; Metro East Every Survivor Counts website
    • Anderson Hospital – Sexual Assault Nurse Examiners (SANE) are medical professionals trained to collect forensic evidence from sexual assault survivors.  Address:  6800 Illinois 162, Maryville, Illinois 62062; Phone:  618-288-5711
    • Illinois Coalition Against Sexual Assault: 217-753-4117 or ICASA
    • National Sexual Assault Hotline: 800-656-HOPE(4673); National Sexual Assault Hotline website

Relationship Violence

• Oasis Women’s Center: 618-465-1978 or 800-244-1978
• National Domestic Violence Help Line: 877-863-6338; National Domestic Violence Help Line
• AARDVARC – An Abuse, Rape and Domestic Violence Aid and Resource Collection at AARDVARC website
• The Illinois Coalition Against Domestic Violence: 217-789-2830; Illinois Coalition Against Domestic Violence
• Madison County State’s Attorney Domestic Violence Special Prosecution Unit: 618-692-6290; Madison County State's Attorney
• Illinois Department of Children and Family Services: 800-25-ABUSE  (800-252-2873); Illinois DCFS website

12.  Supportive Measures
    
    Providing Supportive Measures
    
    Complainants who report allegations of Sex-Based Harassment have the right to receive Supportive Measures from the University, regardless of whether they file a Complaint. Supportive Measures are non-disciplinary and non-punitive. Supportive Measures may vary depending upon what is appropriate and reasonably available.
    
    As appropriate, Supportive Measures may include without limitation:
    
    • Counseling services;
    • Extensions of deadlines or other course-related adjustments;
    • Modifications of work or class schedules;
    • Campus escort services, as available;
    • Restrictions on contact applied to one or more Parties (no contact orders);
    • Changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative;
    • Leaves of absence;
    • Increased security and monitoring of certain areas of the campus;
    • Training and education programs related to Sex-Based Harassment.

Pursuant to these Procedures, only the EOA may issue a mutual restriction on contact between the parties as a supportive measure.

• EOA shall not impose a mutual restriction on contact as an interim measure unless the allegations and the information available to it indicate that (i) discriminatory harassment or other unlawful conduct may have occurred, and (ii) further discriminatory harassment or unlawful conduct is likely to result if the mutual restriction on contact is not issued.
• Any such mutual restriction on contact issued shall automatically expire at the conclusion of the investigation process.
• At any time during which a mutual restriction on contact is in effect, a party may object to the mutual restriction on contact and the University will review the decision and the basis for the objection. Based on the review, the EOA may rescind, modify, or leave in place the mutual restriction on contact.

Supportive Measures must not unreasonably burden either Party and must be designed to protect the safety of the Parties or the University’s educational environment, or to provide support during Sex-Based Harassment grievance procedure under this policy or during informal resolution under this procedure.

The University may modify or terminate Supportive Measures at the conclusion of the grievance procedure or at the conclusion of the informal resolution process or may continue them beyond that point within the University’s discretion.

The University will not disclose information about any Supportive Measures to persons other than the person to whom they apply, including informing one Party of Supportive Measures provided to another Party, unless necessary to provide the supportive measure or restore or preserve a Party’s access to the University’s education program or activity, or there is an exception that applies, such as:

• The University has obtained prior written consent from a person with the legal right to consent to the disclosure;
• When the information is disclosed to an appropriate third Party with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;
• To carry out the purpose of the policy when it is necessary to address conduct that reasonably may constitute Sex-Based Harassment under Title IX in the University’s education program or activity;
• As required by Federal law, federal regulations, or the terms and conditions of a federal award; or
• To the extent such disclosures are not otherwise in conflict with Title IX, when required by State or local law or when permitted under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g, or its implementing regulations, 34 CFR Part 99).

Process for Review of Supportive Measures

The University provides for a Complainant or Respondent to seek modification or reversal of a decision to provide, deny, modify or terminate a Supportive Measure. Grounds to challenge Supportive Measures include, but are not limited to:

• Whether a Supportive Measure is reasonably burdensome;
• Whether a Supportive Measure is reasonably available;
• Whether a Supportive Measure is being imposed for punitive or disciplinary reasons;
• Whether the Supportive Measure is being imposed without fee or charge; and
• Whether the Supportive Measure is effective in meeting the purposes for which it is intended, including to restore or preserve access to the Education Program or Activity, provide safety, or provide support during the Grievance Procedure.

This review will be conducted by an impartial employee of the University, who did not make the challenged decision on the original supportive measure request. The impartial employee who makes this determination will have the authority to modify or reverse the decision if that impartial employee determines that the decision to provide, deny, modify or terminate the supportive measure was inconsistent with the procedures as outlined above for providing Supportive Measures in accordance with the Title IX regulations.

Parties are only allowed to challenge their own individual Supportive Measures. Challenges by one Party will not be heard to Supportive Measures afforded to the opposite Party, unless that supportive measure directly impacts the Party making such challenge (i.e., two-way no contact orders).

13.  Emergency Removal and Employee Administrative Leave.
    1. Emergency Removal.
       
       A Respondent may be removed from all or part of the University’s education program or activity on an emergency basis if, after an individualized safety and risk analysis, it is determined that such a removal is justified because the Respondent poses an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of Sex-Based Misconduct.
       
       Under these circumstances, the Respondent will be notified in writing of the Emergency Removal from all or part of the University’s education program or activity, and the Respondent will have an opportunity to immediately challenge the decision following the emergency removal. Such challenges must be in writing and submitted to the Title IX Coordinator. Detailed information as to why emergency removal should not take place (including possible modification of terms) should be included.
       
       If a challenge to an emergency removal is filed, a review will be conducted by an impartial employee of the University, who did not make the challenged decision on the original emergency removal decision. The impartial employee who makes this determination will have the authority to modify or reverse the decision.
       
       Emergency removals will not be considered Relevant evidence that can be considered in reaching a determination of whether Sex-Based Harassment occurred.
       
       
    2. Employee Administrative Leave.
       
       An employee Respondent may be placed on administrative leave, in accordance with the University’s policy and procedures on employee administrative leave, during the pendency of a Grievance Process, as outlined in this Policy.
14. The Title IX Grievance Procedure for Allegations of Sex-Based Harassment.
    
    
    1. Filing A Complaint
       
       Who can make a Complaint?
       
       • A Complainant
       • The Title IX Coordinator

Note on Title IX Coordinator-Initiated Complaints: In the absence of a Complainant or the withdrawal of any or all of the allegations in a Complaint, and in the absence or termination of an informal resolution process, the Title IX Coordinator must determine whether to initiate a Complaint of Sex-Based Harassment. This determination is fact-specific, and the Title IX Coordinator must consider:

• The Complainant’s request not to proceed with the initiation of a Complaint;
• The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
• The risk that additional acts of Sex-Based Harassment would occur if a Complaint is not initiated;
• The severity of the alleged Sex-Based Harassment, including whether the Sex-Based Harassment, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the Sex-Based Harassment and prevent its recurrence;
• The age and relationship of the Parties, including whether the Respondent is an employee of the recipient;
• The scope of the alleged Sex-Based Harassment, including information suggesting a pattern, ongoing Sex-Based Harassment, or Sex-Based Harassment alleged to have impacted multiple individuals;
• The availability of evidence to assist a decisionmaker in determining whether Sex-Based Harassment occurred; and
• Whether the University could end the alleged Sex-Based Harassment and prevent its recurrence without initiating these grievance procedures.

If after considering these and other Relevant factors, the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the Complainant or other person, or that the conduct as alleged prevents the University from ensuring equal access on the basis of sex to its education program or activity, the Title IX Coordinator may initiate a Complaint.

If the Title IX Coordinator does initiate the Complaint after making this determination, the Title IX Coordinator must notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including by providing Supportive Measures as listed in Section X of these procedures.

Is there a particular format that the Complaint needs to be in?

As defined in these procedures, a Complaint can be an oral or written request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged Sex-Based Harassment at the institution.

Who can I report a Complaint to?

Any reports of Sex-Based Harassment may be made directly to the Title IX Coordinator, Deputy Coordinator(s), or EOA staff member. The Title IX Coordinator’s contact information is listed at the beginning of this Grievance Procedure. Contact information for the Deputy Title IX Coordinator(s) and EOA staff can be found on the University’s website. There are other ways in which a Party may report a Complaint.

The University requires that any employee who is not a Confidential Employee must notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination, including Sex-Based Harassment.

What is the timeframe for evaluating if the Title IX Coordinator is initiating an investigation under this Grievance Procedure?

The Title IX Coordinator will evaluate whether the Complaint falls under this Grievance Procedure no more than 20 business days after the Complaint is made and must issue the Notice of Allegations as soon as practicable after the Complaint is evaluated. If there are any delays or extensions, the Title IX Coordinator must appropriately notify the Parties in writing, on a case-by-case basis, with good cause and the rationale for the extension or delay.

Can I make a Complaint and request initiation of the Grievance Procedure even if I have made a complaint to law enforcement?

Yes. The University has an obligation to appropriately evaluate all Complaints, regardless of whether there is a concurrent Complaint before law enforcement. This process is an administrative process that is different from the criminal justice process.

2.  Multi-Party Situations and Consolidation of Complaints
   
   The University may consolidate Complaints alleging Sex-Based Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of Sex-Based Harassment arise out of the same facts or circumstances.
   
   The University can consider factors when making this fact-specific determination, which include, but are not limited to:
   
   • The facts and circumstances of the particular Complaints when deciding whether to consolidate, including the toll of separate proceedings on the Parties; and
   • Any risks to the fairness of the investigation or outcome.
3. Dismissal of a Complaint
   
   Grounds for Dismissal
   
   The University may dismiss a Complaint of Sex-Based Harassment for any of the following reasons:
   
   • The University is unable to identify the Respondent after taking reasonable steps to do so;
   • The Respondent is not participating in the University’s education program or activity and is not employed by the University.
   • The Complainant voluntarily withdraws any or all of the allegations in the Complaint, the Title IX Coordinator declines to initiate a Complaint through this Grievance Procedure, and the University determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute Sex-Based Harassment under Title IX or this Grievance Procedure even if proven; or
   • The University determines that the conduct alleged in the Complaint, even if proven, would not constitute Sex-Based Harassment under Title IX or these procedures. The University will make reasonable efforts to clarity the allegations with the Complainant before dismissing under this basis.

Notice of Dismissal

If the University dismisses a Complaint, the Complainant will be promptly notified of the basis for dismissal.

If the dismissal of the Complaint occurs before a Notice of Allegations is issued to the Respondent, the Title IX Coordinator does not need to notice the Respondent at that time. However, if the Complainant appeals the dismissal, the Respondent will be provided notice of the Complaint allegations and given an opportunity to respond to the dismissal.

If the dismissal occurs after the Respondent has been notified of the allegations, then the University will notify the Respondent and Complainant of the dismissal and the basis for the dismissal simultaneously in writing.

Appeal rights must also be outlined in any notification of dismissal of a Complaint, as included below under Appeal of Dismissals.

Appeals of Dismissals

The University will notify the Complainant that a dismissal may be appealed and provide the Complainant with an opportunity to appeal the dismissal of a Complaint on the following grounds:

• Procedural irregularity: procedural irregularity that affected the outcome of the matter (i.e., a failure to follow the University’s own policy to a degree that had material effect on the outcome of the matter);
• New evidence: New evidence that could change the outcome and that was not reasonably available when the determination whether Sex-Based Harassment occurred or dismissal of the Complaint was made; and
• Bias or Conflict of Interest: The Title IX Coordinator, investigator(s), or decisionmaker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that could change the outcome of the matter.

If the dismissal occurs after the Respondent has been notified of the allegations, then the University will also notify the Respondent that the dismissal may be appealed on the grounds set out above.

If a Party appeals, the institution will as soon as practicable notify the other Party in writing of the appeal; however, the time for appeal shall be offered equitably to all Parties and shall not be extended for any Party solely because the other Party filed an appeal.

Appeals must be submitted in writing and submitted to the Title IX Coordinator no more than 5 business days after the Notice of Dismissal is issued and provide the specific grounds on which the appeal is based and facts that support it.

Appeals will be decided by a University official who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decisionmaker in the same matter.

Outcome of appeal will be provided in writing simultaneously to both Parties and include rationale for the decision.

4.  Allegations Potentially Falling Under Two Policies:
   
   If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment and conduct that would not constitute covered sexual harassment, the Title IX Grievance Process will be applied in the investigation and adjudication of all of the allegations.
   
   
5. Notice of Allegations
   
   Upon initiating the University’s Grievance Procedure, the Title IX Coordinator shall provide a Notice of Allegations in writing to the Parties whose identities are known. Such notice will occur as soon as practicable after the University receives a Complaint, if there are no extenuating circumstances. The University will provide the Notice of Allegations within 20 business days after receiving a Complaint.
   
   What does the Notice of Allegations Include?
   
   The written Notice of Allegations will Include:
   
   • The University’s Grievance Procedure and Informal Resolution Process;
   • Sufficient information available at the time of the issuance of the Notice of Allegations to allow the Parties to respond to the allegations, which includes the identities of the Parties involved in the incident(s), the conduct alleged to constitute Sex-Based Harassment under the Grievance Procedure, and the date(s) and location(s) of the alleged incident(s), to the extent that information is available to the University.
   • A statement that the Parties are entitled to:
     • an equal opportunity to access the Relevant and not otherwise impermissible evidence;
   • A statement that the Respondent is presumed not responsible for the alleged Sex-Based Harassment until a determination is made at the conclusion of the University’s Grievance Procedure and that prior to the determination, the Parties will have an opportunity to present Relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker;
   • Parties may have an advisor of their choice, and that the advisor may be, but is not required to be, an attorney;
   • The University’s Student Code of Conduct prohibits knowingly making false statements or knowingly submitting false information to the University, including as part of this grievance process.

If, in the course of an investigation, the University decides to investigate additional allegations of Sex-Based Harassment by the Respondent toward the Complainant that are not included in the original written Notice of Allegations provided, the University is required to provide written notice of any additional allegations to the Parties whose identities are known.

What if I have safety concerns about a Notice of Allegations being issued to a Respondent?

To the extent that the University has reasonable concerns for the safety of any person as a result of providing a written Notice of Allegations, the University through the Title IX Coordinator, may reasonably delay providing the written Notice of Allegations in order to address the safety concern appropriately. Reasonable concerns must be based on individualized safety and risk analysis and not on mere speculation or stereotypes.

6.  Advisor of Choice and Participation of Advisor of Choice
   
   The University will provide the Parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of the advisor for the Complainant or Respondent in any meeting or proceeding. An advisor may not speak on behalf of a Party or directly participate in any meeting, or other grievance procedure event they attend. If an Advisor does not comply with stated expectations, they will not be allowed to participate in the process.
7. Investigation
   
   General Rules of Investigations
   
   The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will perform an investigation of the conduct alleged to constitute Sex-Based Harassment in a reasonably prompt timeframe, after issuing the Notice of Allegations.
   
   The University, and not the Parties, have the burden to conduct an investigation that gathers sufficient evidence to determine whether Sex-Based Harassment occurred under this Grievance Procedure. This burden does not rest with either Party, and either Party may decide not to share their account of what occurred or may decide not to participate in the investigation or hearing. This does not shift the burden of proof away from the University and does not indicate responsibility.
   
   The University cannot access, consider, or disclose medical records without a waiver from the Party to whom the records belong, or of whom the records include information.
   
   The University will provide an equal opportunity for the Parties to present witnesses, including fact and expert witnesses, and other inculpatory or exculpatory evidence, as described below.
   
   Notice of Participation
   
   The University will provide written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the Party to prepare to participate, if a Party is invited or expected to participate in any such meeting or proceeding.
   
   Access to and Review of the Investigative Report
   
   The Title IX Coordinator and/or investigator designated by the Title IX Coordinator will provide each Party with a reasonable opportunity to respond to the investigative report. Both Parties will have the opportunity to respond to the investigative report prior to the report being issued and findings made. In the event of a live hearing, both Parties will have the opportunity to respond to the investigative report prior to the hearing.
   
   The University will take reasonable steps to prevent and address the Parties’ and their advisors of choice’s unauthorized disclosure of information and evidence obtained solely through this Grievance Procedure. Participating individuals who engage in the unauthorized disclosure of information and evidence obtained solely through this Grievance Procedure may be subject to Student Code of Conduct charges if applicable and other University policies and/or procedures that may apply.
   
   Note: Disclosures of information and evidence for purposes of administrative proceedings or litigation related to the Complaint of Sex-Based Harassment are authorized and not considered unauthorized disclosures potentially subject to other disciplinary action.
   
   Review and Access to Relevant and Not Otherwise Impermissible Evidence
   
   Each Party will have an equal opportunity to present fact witnesses and other inculpatory and exculpatory evidence that are Relevant and not otherwise impermissible, to the Title IX Coordinator and/or an investigator designated by the Title IX Coordinator. The Title IX Coordinator and/or investigator designated by the Title IX Coordinator will review all evidence gathered through the investigation and determine what evidence is Relevant and what evidence is impermissible regardless of relevance, consistent with this Grievance Procedure.
   
   Each Party and their advisors of choice will have an equal opportunity to review and access the evidence that is Relevant to the allegations of Sex-Based Harassment and not otherwise impermissible regardless of relevance, prior to the conclusion of the investigation. Each Party will be provided with a reasonable opportunity to respond to the evidence prior to the issuance of a final report with findings or prior to a live hearing.
   
   Relevant Evidence
   
   Evidence is Relevant when it is related to the allegations of Sex-Based Harassment under investigation as part of this Grievance Procedure.
   
   Questions are Relevant when they seek evidence that may aid in showing whether the alleged Sex-Based Harassment occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether the alleged Sex-Based Harassment occurred.
   
   Impermissible Evidence
   
   The following types of evidence, and questions seeking that evidence, are excluded as impermissible (i.e., must not be accessed or considered, except by the University to determine whether an exception applies, must not be disclosed, and must not otherwise be used) regardless of whether they are Relevant:
   
   • Evidence that is protected under a privilege as recognized by Federal or State law or evidence provided to a Confidential Employee/Advisor, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
   • A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless the University obtains that Party’s or witness’s voluntary, written Consent for use in the University’s Grievance Procedure; and
   • Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove Consent to the alleged Sex-Based Harassment. Note: the fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s Consent to the alleged Sex-Based Harassment or preclude determination that Sex-Based Harassment occurred.

Timeframes

An investigation shall take no more than 30 business days to complete. If there are any delays or extensions, the Title IX Coordinator must appropriately notice the Parties in writing, as detailed below.

Extensions and Delays

The University allows for the reasonable extension of timeframes on a case-by-case basis for good cause with written notice to the Parties that includes the reason for the extension or delay.

8.  Grievance Resolution Process
   
   The University will not issue a finding or assign sanctions arising from an allegation of Sex-Based Harassment without making a determination of responsibility utilizing one of the following:
   
   • Live Hearing;
   • Single Investigator; or
   • Informal Resolution Process.

Selection of which process will be undertaken will be made by the Title IX Coordinator. In cases where the Respondent is a student who, based on the seriousness of the allegations or prior findings of violation of University sex-based harassment or student conduct policies is facing a sanction that would likely include suspension or expulsion from the University, a live hearing will be conducted.

Informal Resolution is available to the Parties only when all conditions for participation are met.

1. Live Hearing
   The University may elect to utilize a Live Hearing through which findings may be issued and Sanctions imposed from an allegation of Sex-Based Harassment.
   
   The live hearing may be conducted with the Parties physically present in the same geographic location. The University has the discretion to conduct the live hearing with the Parties physically present in separate locations, with technology enabling the decisionmaker and Parties to simultaneously see and hear the Party or the witness while that person is speaking. A Party may also request this option prior to the hearing.
   
   The University shall create an audio or audiovisual recording or transcript of any live hearing and make it available to the Parties for inspection and review.
   
   Participants in the Live Hearing
   Live hearings are not public, and the only individuals permitted to participate in the hearing are as follows:
   
   Complainant and Respondent (The Parties)
   
   If a Party chooses not to participate in the process or the hearing, the live hearing may still proceed in the absence of a Party, and the University may reach a determination of responsibility in their absence, including through any evidence gathered and other witness statements. The University will not threaten, coerce, intimidate or discriminate against any Party in an attempt to secure the Party’s participation. The decisionmaker cannot draw an inference about the determination regarding responsibility based solely on a Party’s absence from the live hearing, or a refusal to answer questions.
   
   The parties and all participants shall be subject to the University’s rules of decorum.
   
   The Decisionmaker
   The hearing body will consist of a panel of 3 decisionmakers. No member of the hearing body will have served as the Title IX Coordinator, Title IX investigator, or advisor to any Party in the case, nor may any member of the hearing body serve on the appeals body in the case. No member of the hearing body will have a conflict of interest or bias in favor of or against Complainants or Respondents generally, or in favor of or against the Parties to the particular case. The hearing body will be trained prior to serving during any hearing. The Parties will have an opportunity to raise any objections regarding a decisionmaker’s actual or perceived conflicts of interest or bias at the commencement of the live hearing.
   
   Advisor of Choice
   The Parties have the right to select an advisor of their choice, who may be, but is not required to be, an attorney. The advisor of choice may accompany the Parties to any meeting or hearing they are permitted to attend but may not speak for the Party. An advisor of choice is not prohibited from being a witness in the hearing
   
   Witnesses
   Witnesses cannot be compelled to participate in the live hearing and have the right not to participate in the hearing free from Retaliation.
   
   Hearing Procedures
   For all live hearings conducted, a member of the hearing panel will be appointed by the Title IX Coordinator to serve as the Hearing Panel Chair. In this capacity, the Chair will open the hearing by establishing rules and expectations for the duration of the proceedings. The Parties will each be given an opportunity to provide opening statements if they wish to. Opening statements will be no more than 10 minutes in duration. The Hearing Panel Chair will indicate to each Party when they have reached the 10 minute time limit.
   
   Questioning of the Parties and witnesses will occur according to the procedures below.
   
   Pre-Hearing meetings may be called by the Hearing Panel Chair for purposes of reviewing evidence, establishing hearing expectations for the parties, and addressing any questions the parties may have prior to the commencement of the live hearing.
   
   Questioning Parties and Witnesses
   During a live hearing, each Party is allowed to ask Relevant and not otherwise impermissible questions and follow-up questions of the Parties and witnesses through the hearing board. No questioning of another Party or witness will be conducted by a Party personally.
   
   Procedures for Decisionmaker’s Evaluation of Questions and Limitation on Questions
   The Hearing Panel Chair will determine whether a proposed question is Relevant and not otherwise impermissible as described in this Grievance Procedure, prior to the question being posed, and will explain any decision to exclude a question as not Relevant or otherwise impermissible.
   
   If the Hearing Panel Chair determines that a Party’s question is Relevant and not otherwise impermissible, then the question must be asked unless such question is unclear or harassing of the Party or witness being questioned. The Hearing Panel Chair will give a Party an opportunity to clarify or revise a question that has been determined as unclear or harassing and, if the Party sufficiently clarifies or revises a question so that it is no longer unclear or harassing, the question will be asked.
   
   Refusal to Respond to Questions and Inferences Based on Refusal to Respond to Questions
   Hearing Panel Members may choose to place less or no weight upon statements by a Party or witness who refuses to respond to questions deemed Relevant and not impermissible.
   
   Hearing Panel Members must not draw an inference about whether Sex-Based Harassment occurred based solely on a Party’s or witness’s refusal to respond to such questions.
   
   Closing Statements
   At the conclusion of testimony, the Parties will be provided with the opportunity to make a closing statement which will be no more than 10 minutes in duration. Once the time limit is reached, the Hearing Panel Chair notify the Party speaking that they are out of time.
   
   Continuances or Granting Extensions
   The University may determine those multiple sessions or a continuance (a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, the University will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable.
   
   Hearing Panel Deliberations
   When a Live Hearing is the method of resolution, the deliberations of the Hearing Panel will be conducted in private. A majority of Hearing Panel members must agree that a Respondent is responsible for violating University policy before such a finding can be made.
   
   
2. Single Investigator
   In cases where a Live Hearing option is not made available to the Parties, Title IX requires that there be live questioning to assess a Party’s or witness’s credibility to the extent credibility is both in dispute and Relevant to evaluating one or more allegations of Sex-Based Harassment.
   
   The investigator/decisionmaker will question Parties and witnesses to adequately assess a Party’s or witness’s credibility to the extent credibility is both in dispute and Relevant to evaluating one or more allegations of Sex-Based Harassment. This will occur during individual meetings with a Party or witness.
   
   Each Party shall have the opportunity to propose questions that the Party wants asked of any Party or witness and have those questions asked by the investigator/decisionmaker during one or more individual meetings, including follow-up meetings, with a Party or witness, subject to the appropriate procedures outlined below regarding the decisionmaker’s advance evaluation of all questions. Each Party will be provided with an audio or audiovisual recording or transcript with enough time for the Party to have a reasonable opportunity to propose follow-up questions.

9.  Determination of Responsibility
   
   Standard of Proof
   The University uses the preponderance of the evidence standard of proof to determine whether or not Sex-Based Harassment occurred. This means that the investigation and hearing determine whether it is more likely than not that a violation of the Grievance Procedure occurred.
   
   General Considerations for Evaluating Evidence and Testimony
   The decisionmaker is required to evaluate Relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that Sex-Based Harassment occurred, whatever the quantity of the evidence is, the decisionmaker must not determine that Sex-Based Harassment occurred.
   
   Determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the decisionmaker. Decisionmakers shall not draw inferences regarding a Party or witness’ credibility based on the Party or witness’ status as a Complainant, Respondent, or witness, nor shall it base its judgments in stereotypes about how a Party or witness would or should act under the circumstances.
   
   Generally, credibility judgments should rest on the demeanor of the Party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence. However, credibility judgments should not rest on whether a Party or witness’ testimony is non-linear or incomplete, or if the Party or witness is displaying stress or anxiety.
   
   Decision makers will afford the highest weight relative to other testimony to first-hand testimony by Parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e. tending to prove and disprove the allegations) evidence will be weighed in equal fashion.
   
   A witness’ testimony regarding third-Party knowledge of the facts at issue will be allowed but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred.
   
   Where a Party or witness’ conduct or statements demonstrate that the Party or witness is engaging in retaliatory conduct, including without limitation, witness tampering and intimidation, the decisionmaker may draw an adverse inference as to that Party or witness’ credibility.
   
   Communication of the Determination in Writing
   All determinations on whether Sex-Based Harassment occurred will be communicated to the Parties in writing, simultaneously, no more than 7 Business Days after the determination is reached by the Decisionmaker(s).
   
   The written determination will include:
   
   • A description of the alleged Sex-Based Harassment;
   • Information about the policies and procedures that the University used to evaluate the allegations;
   • The Decisionmaker’s evaluation of the Relevant evidence and determination on whether Sex-Based Harassment occurred;
   • The Decisionmakers recommendations as to Sanctions for the Respondent and whether any Remedies, other than the imposition of Disciplinary Sanctions, are recommended for the Complainant and to the extent appropriate, other students identified by the University to be experiencing the effects of Sex-Based Harassment, if there is a finding that Sex-Based Harassment occurred; and
   • The University’s procedures for Complainant and Respondent to appeal.

Timeline of Determination Regarding Responsibility

If there are no extenuating circumstances, the determination regarding responsibility will be issued by the University within 7 business days of the completion of the hearing.

Finality of Determination

The determination regarding responsibility becomes final either on the date that the University provides the Parties with the written determination of the result of any appeal, or, if no Party appeals, the date on which an appeal would no longer be considered timely.

10.  Sanctions
    
    Employees
    
    If there is a finding that an employee's behavior violated the University's Title IX Sex-Based Harassment Policy, a determination as to appropriate sanctions will be made, based in whole or in part on the Decisionmaker’s recommendations, pursuant to the applicable disciplinary process or collective bargaining agreement.  Imposed sanctions may include, but are not limited to:
    
    • Letter of apology to the victim;
    • Advising and counseling sessions;
    • Required attendance at EOA training;
    • Letter of reprimand;
    • Written warning; and
    • Probation, suspension without pay, or termination.

Students

If there is a finding that a student or student group violated the University's Title IX Sex-Based Harassment Policy, a determination as to appropriate Sanctions will be made by the Dean of Students (or their designee). Sanctions imposed may include, but are not limited to:

• Letter of apology to the victim;
• Advising and counseling sessions;
• Attending diversity training program for students;
• Transferring the student to another class or job;
• Transferring the student to a different housing unit or prohibiting the student from living in campus housing;
• Letter of reprimand;
• Written warning; and
• Probation, suspension, or dismissal from the University.

11.  Appeals
    
    Each Party may appeal a determination regarding responsibility. To appeal, a Party must submit their written appeal within 5 business days of being notified of the decision, indicating the specific ground(s) for appeal.
    
    Grounds for Appeal
    The limited grounds for appeal available are as follows:
    
    • Procedural irregularity that could change the outcome;
    • New evidence that could change the outcome and that was not reasonably available when the determination whether Sex-Based Harassment occurred or dismissal was made; and
    • The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that could change the outcome.

Additional Procedures for Appeal Process
The University will notify the Parties of any appeal, provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome, and will notify the Parties of the result of the appeal and the rationale for the result.

The submission of an appeal stays (or pauses) any sanctions for the period during which an appeal determination is being assessed. Supportive Measures and remote learning opportunities (if applicable) remain available while an appeal is being deliberated and before a final decision has been made.

Appeal of Sanctions

Each Party may appeal a determination regarding Sanctions. To appeal, a party must submit their written appeal within 5 business days of being notified of the sanction, indicating the specific ground(s) for the appeal.

Grounds for Appeal of Sanctions

• The official(s) who issued the sanction had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that could change the outcome.
• the sanction is disproportionate with the violation.

12.  Informal Resolution Option.
    
    After the parties have been provided a copy of the written notice of a Formal Complaint, both parties may, in writing, voluntarily agree to use this Informal Resolution option, if applicable, at any point prior to reaching a determination regarding responsibility, but the parties are not required to do so. The Informal Resolution entails the parties forgoing the Grievance Process (including the investigation and hearing, depending on when the parties agree to engage in an Informal Resolution). The Informal Resolution may include a mediation process, for example.
    
    At any point prior to agreeing to an Informal Resolution, each party has a right to withdraw from the Informal Resolution process and resume the Grievance Process with respect to the Formal Complaint.
    
    Alternate Resolution is an informal process [including mediation or restorative practices, etc.] by which a mutually agreed upon resolution of an allegation is reached. All parties must consent to the use of Alternate Resolution.
    
    All facilitators must have specialized training, required by law and regulation. Such training includes:
    
    • The University’s obligation to address sex discrimination, including Sex-Based Harassment, in its Education Program or Activity;
    • The scope of conduct that constitutes sex discrimination, including Sex-Based Harassment, under Title IX, including the definition of Sex-Based Harassment;
    • All applicable notification and information requirements related to parental, family, or marital status, including pregnancy and related conditions, and the University’s response to sex discrimination;
    • The rules and practices associated with the University’s informal resolution process; and
    • How to serve impartially, including by avoiding conflicts of interest and bias.

Contents of Informal Resolution Agreements

Potential terms that may be included in an informal resolution agreement between the Parties include but are not limited to:

• Restrictions on contact; and
• Restrictions on the Respondent’s participation in one or more of the University’s education programs or activities or attendance at specific events, including restrictions the University could have imposed as Remedies or Disciplinary Sanctions had the University determined at the conclusion of the Grievance Procedure that Sex-Based Harassment occurred.

Breach of Informal Resolution Agreements

If a Party breaches the resolution or if the University has other compelling reasons, such as if it learns of any fraud by a Party in entering into the agreement, The University may void the agreement and initiate or resume the Grievance Procedure.

Determination as to Appropriateness of Informal Resolution Process for Complaint

The Title IX Coordinator may look to the following factors to assess whether Alternate Resolution is appropriate, or which form of Informal Resolution may be most successful for the parties:

• The parties’ amenability to Alternate Resolution;
• Likelihood of potential resolution taking into account any power dynamics between the parties;
• The parties’ motivation to participate;
• Civility of the parties;
• Cleared violence risk assessment/ongoing risk analysis;
• Disciplinary history;
• Whether an emergency removal is needed;
• Skill of the Alternate Resolution facilitator with this type of complaint;
• Complaint complexity;
• Emotional investment/intelligence of the parties;
• Rationality of the parties;
• Goals of the parties;
• Adequate resources to invest in Alternate Resolution (time, staff, etc.)

Confidentiality

In entering the informal resolution process, the Parties agree that any testimony and evidence (including admissions of responsibility) they share or receive during the informal resolution process concerning the allegations of the Complaint are confidential while the Parties participate in the informal resolution process. No evidence concerning the allegations obtained within the informal resolution process may be disseminated to any person, provided that any Party to the informal resolution process may generally discuss the allegations under investigation with a parent, friend, advisor, or other source of emotional support, or with an advocacy organization. Should the Parties withdraw from the informal resolution process, information disclosed or obtained for purposes of the informal resolution process may be incorporated into the Grievance Procedure, provided that this information is disclosed and reviewed by the Parties under the University’s Grievance Procedure.

Informal Resolution Options

Informal Resolution will be offered to the Parties in a format best suited to the case. These include, but are not limited to, Administrative Resolution (when the Respondent elects to accept responsibility for the allegations in the Complaint). Mediation, Restorative Justice.

The ultimate determination of whether Alternate Resolution is available or successful is to be made by the Title IX Coordinator. The Title IX Coordinator maintains records of any resolution that is reached, and failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions. Results of complaints resolved by Informal Resolution or Alternate Resolution are not appealable.

The Title IX Coordinator will monitor the Parties’ adherence to their proposed solution and reserves the right to close the matter when compliance is satisfactory.

15.  Additional Conduct Violations under this Policy.
    
    
    1. Retaliation
       
       Any person who retaliates against (a) anyone filing a report of Sexual Misconduct or Formal Complaint, (b) the parties or any other participants (including any witnesses or any University employee) in a Grievance Process relating to a Formal Complaint, (c) any person who refuses to participate in a Grievance Process, or (d) any person who under this Policy opposed any unlawful practice, is subject to disciplinary action up to and including dismissal or separation from the University. If any participant in a Grievance Process believes they have been subject to Retaliation (as defined in this Policy), they should immediately report the alleged retaliatory conduct to the Title IX Coordinator.
       
       
    2. False Information and False Complaints.
       
       Any person, who in bad faith, knowingly files a false complaint under this Policy or provides materially false information is subject to disciplinary action up to and including dismissal or separation from the University. A determination that a Respondent is not responsible for allegations of Sexual Misconduct does not imply a report, Formal Complaint, or information provided was false. Similarly, a determination that a Respondent is responsible for a policy violation does not imply that a Respondent’s statements disclaiming responsibility were false.
       
       
    3. Interference with the Grievance Process.
       
       Any person who interferes with the Grievance Process is subject to disciplinary action up to and including dismissal or separation from the University. Interference with a Grievance Process may include, but is not limited to:
       
       1. Attempting to coerce, compel, or prevent an individual from providing testimony or relevant information;
       2. Removing, destroying, or altering documentation relevant to the Grievance Process; or
       3. Knowingly providing false or misleading information to the Title IX Coordinator, investigator or hearing officer, or encouraging others to do so.
          
          
          1. 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:
             
             
             1. non-consensual video or audio-taping of sexual activity;
             2. going beyond the boundaries of consent (such as letting others hide in the closet to watch you having consensual sex);
             3. engaging in voyeurism;
             4. knowingly transmitting an STD or HIV to another person;
             5. exposing one’s genitals in non-consensual circumstances;
             6. inducing another to expose their genitals;
16. 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 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, the 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 their own free will to choose whether or not to have sexual contact.
    
    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 information on the Human Resources website.
    
    Incapacitation, Alcohol, Coercion, and Related Concepts:
    
    A person violates the Title IX 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.