Title IX and Sexual Misconduct Policy

Section 1. Purpose, Discrimination Prohibition and Scope

Section 2. UIS Title IX Coordinator

Section 3. Definitions

Section 4. Awareness, Education, and Counseling

Section 5. Alleged Violations of this Policy

Section 6. Complaint and Investigation Procedures

Section 7. Appeals

Section 8. Students and Employees with Grievance Rights

Section 9. Conflicts of Interest

Section 10. Retaliation Prohibited

Section 11. Filing Complaints with External Agencies

Section 12. UIS-Wide Task Force

Section 13. Annual Reports


Appendices



Section 1. Purpose, Discrimination Prohibition and Scope

A. Purpose

The purpose of this policy is threefold:

  1. To foster an educational and workplace environment free from sex and Gender discrimination, including Sexual Harassment and other Sexual Misconduct;
  2. To encourage all members of the UIS community to report alleged violations of this policy; and,
  3. To provide for appropriate corrective action when violations of this policy occur.

B. Discrimination on the Basis of Sex is Prohibited

UIS prohibits and does not tolerate Gender or sex discrimination, which includes Sexual Harassment and other Sexual Misconduct (including Sexual Assault, Domestic Violence, Dating Violence and Stalking). To prevent discrimination on the basis of Gender or sex, UIS ensures access to equitable educational opportunities and program participation. No one is, on the basis of Gender or sex, excluded from participation in, denied the benefits of, or subjected to discrimination under any UIS education program or activity. UIS is committed to providing and preserving an educational and work environment free from all forms of Gender and sex discrimination, including Sexual Harassment and other Sexual Misconduct.

C. Scope

This policy applies to all members of the UIS community, including all UIS students; employees; other affiliated individuals, including but not limited to, visiting faculty and visiting scholars; and third parties, including but not limited to contractors, subcontractors, volunteers, and visitors. Any person may report an alleged or suspected a violation of this policy.

This policy applies regardless of actual or perceived Sexual Orientation or Gender Identity.

This policy covers conduct that occurs on all UIS premises, property, or facilities, wherever located, as well as conduct, including online conduct, that does not occur on UIS premises, property, or facilities, that substantially affects the UIS community’s interest. All references to UIS and “campus” include UIS’s Springfield, Peoria, and Emiquon Conservancy locations, as well as any other UIS premises, property, or facilities.

Conduct prohibited by this policy may violate other laws and policies, depending on context and circumstances, e.g., discrimination on the basis of sex in employment violates Title VII of the Civil Rights Act of 1964, as amended, and UIS’s Non-Discrimination and Equal Opportunity Policy.



Section 2. UIS Title IX Coordinator

Title IX of the federal Education Amendments of 1972 prohibits sex and Gender discrimination in the educational setting, as well as retaliation for the purpose of interfering with any right or privilege secured by Title IX. As UIS’s Title IX Coordinator, the Associate Chancellor for Access and Equal Opportunity (AEO) coordinates UIS’s efforts to comply with and carry out UIS’s Title IX responsibilities.

The UIS Title IX Coordinator receives concerns or reports by e-mail at titleix@uis.edu or by phone at (217) 206-9999. The Title IX Coordinator is available to meet in-person upon request at the AEO Office (UIS Public Affairs Center, Room 491) or at any other appropriate campus location.



Section 3. Definitions

For the definitions of key terms used in this policy, see Appendix A. Defined terms used in this policy begin with capital letters.



Section 4. Awareness, Education, and Counseling

A. Dissemination of the Title IX and Sexual Misconduct Policy

UIS posts this policy and the associated procedures on the AEO website to ensure it is available to the entire UIS community. A copy of this policy will be provided to anyone upon request.

B. Education, Awareness, and Prevention Programs

UIS provides annual sex and Gender discrimination and Sexual Misconduct prevention and awareness training for all students who attend one or more classes on a UIS campus. The content of this training is described in more detail at Appendix B.

UIS provides annual victim-centered and trauma-informed response training to all UIS Responsible Employees. UIS also ensures those individuals whose duties include resolution of complaints of student violations of this policy receive at least eight additional hours of annual training regarding issues related to Sexual Misconduct and the UIS complaint resolution procedures.

C. Counseling Services

Confidential Advisors at the UIS Counseling Center provide emergency and ongoing support to student members of the campus community who report being victims of Sexual Misconduct. For more information about UIS Confidential Advisors and the services they provide, see Appendix C.

The Counseling Center also makes professional counseling services available to those accused of committing Sexual Misconduct.

Employees requesting counseling services are provided information on accessing services available through the University’s Employee Assistance Program or through other resource providers.



Section 5. Alleged Violations of this Policy

A. Reporting Options

Persons believing they are the victim of Gender or sex discrimination, including Sexual Misconduct, or who have information about Sexual Misconduct involving UIS students or employees, are encouraged to inform the Title IX Coordinator and/or the UIS police or local police. For a more complete discussion of reporting options and actions, see Appendix D. For other incidents involving alleged inequitable treatment on the basis of sex or Gender, contact the Title IX Coordinator.

Persons reporting as victims of Gender or sex discrimination, including Sexual Misconduct, are provided with their rights and options in writing concerning reporting the allegations, relevant contact information, available assistance, interim protective measures, accommodations, and complaint resolution procedures.

B. Responsible Employee Reporting Requirements

UIS Confidential Advisors are not considered Responsible Employees. All other UIS employees, including student housing resident advisors but excluding all other undergraduate and graduate student employees, are considered Responsible Employees. In order for UIS to respond effectively and proactively to prevent Sexual Misconduct, all UIS Responsible Employees must report any suspected Sexual Misconduct they become aware of to the Title IX Coordinator. Reports should be made as soon as possible, but must be made within 48 hours of receiving the information. For a more complete discussion of Responsible Employee duties and responsibilities, see Appendix E.

Responsible Employees who witness or learn about alleged Sexual Misconduct and who fail to report such conduct in a timely manner may be subject to disciplinary action, up to and including termination of employment.

C. Interim/Protective Measures

UIS’s concern for student, employee, and community safety is paramount. Accordingly, UIS provides anyone reporting safety concerns with written notice regarding how to request possible protective measures, including changes to on-campus academic, living, transportation, and working situations. A non-exclusive list of possible protective measures is found in Appendix F. The Title IX Coordinator assists with identifying and recommending implementation of any appropriate measures. UIS keeps the measures confidential unless doing so impairs implementation.

D. Confidentiality

UIS strives to maintain confidentiality to the fullest extent possible, consistent with applicable state and federal law and UIS’s obligation to investigate alleged or suspected violations of this policy. Accordingly, the Title IX Coordinator and all UIS administrators, supervisors and Responsible Employees keep the identities of Complainants, Respondents, and any witnesses confidential to the extent permissible under applicable state and federal law and subject to their reporting and other responsibilities under this policy.

Persons reporting being the victim of Sexual Misconduct may request that their identity be kept confidential and/or that UIS not investigate their allegations. The Title IX Coordinator evaluates each request, taking into account the requestor’s desires, UIS’s responsibility to provide a safe and nondiscriminatory environment for all students and employees, and other relevant factors. For more information about submitting confidentiality requests and how they are evaluated, approved or denied, see Appendix G.

UIS also asks those involved in the Title IX complaint process to maintain confidentiality, particularly when confidentiality is required to protect witnesses, prevent evidence from being destroyed, avert a threat that subsequent testimony would be fabricated, or prevent a cover-up. Any direction to maintain confidentiality does not impede a Complainant or Respondent from submitting information for consideration during the complaint process and is consistent with applicable law.



Section 6. Complaint and Investigation Procedures

UIS is committed to the prompt and equitable resolution of all alleged or suspected violations of this policy. When UIS becomes aware of a possible violation of this policy, UIS takes immediate and appropriate steps to investigate or otherwise determine what occurred (subject to the confidentiality rules). If the investigation reveals that a violation of this policy occurred, UIS takes action reasonably calculated to end the violation, prevent its recurrence, and, as appropriate, remedy its effects.

UIS’s ability to investigate in a particular situation may be affected by any number of factors, including whether the Complainant is willing to file a complaint or consent to an investigation, whether the Respondent is a UIS student or employee, where the alleged or suspected violation occurred, and UIS’s access to relevant information. UIS is nonetheless committed to investigating all alleged and suspected violations of this policy to the fullest extent possible.

Any pending criminal investigation or criminal proceeding may impact the timing of UIS’s investigation, but UIS commences its own investigation as soon as possible. UIS coordinates with law enforcement investigations and shares information to the extent permitted and as appropriate. UIS reserves the right to commence and complete its own investigation prior to the completion of any criminal investigation or criminal proceeding.

Complaints are addressed within 60 days of filing, including completing the investigation and any required process to consider appropriate sanctions, unless UIS reasonably determines for good cause that additional time is required.

A. Informal Complaint Resolution Process

Issues or concerns may arise or be reported by the Complainant or others that, in the judgment of the Title IX Coordinator, do not rise to the level of a violation of this policy. In such situations, the Complainant may prefer to seek an informal resolution of the issues or concerns. For more information on the informal complaint resolution process, see Appendix H.

B. Formal Complaint Resolution Process

Any person may submit a formal complaint alleging a violation of this policy. Formal complaints are submitted in person or in writing to the Title IX Coordinator. Formal complaints must be submitted within 180 days of the occurrence of the matter being complained about. Formal Complaints submitted outside this timeline are normally not investigated unless the Title IX Coordinator determines there is an ongoing risk to the safety of the UIS community, although support services are generally available for current students and employees without regard to when the matter being reported occurred. The Title IX Coordinator may also initiate the formal complaint process on her/his own accord after becoming aware of a possible violation of this policy involving UIS students or employees. For more information on the formal complaint resolution process, see Appendix I.

C. Investigating the Complaint

If the Title IX Coordinator determines that the issue or concerns presented, if true, would constitute a violation of this policy, s/he consults with the Complainant to determine if a formal investigation is appropriate. If a formal investigation is initiated, it is conducted in a prompt, thorough, fair and impartial manner. For more information on the Title IX Coordinator’s investigation of complaints and the Report of Investigation, see Appendix J.

At the completion of fact-finding efforts and analysis, the Title IX Coordinator prepares a written Report of Investigation and delivers it to the Dean of Students if the Respondent is a student, or to the appropriate supervisors and other officials if the Respondent is an employee. The Report of Investigation 1) includes factual findings; 2) concludes whether a violation of this policy occurred; and 3) recommends appropriate potential corrective options.

The Title IX Coordinator also notifies Complainants and Respondents in writing of the investigation outcome (i.e., whether the investigation found that a violation of this policy occurred). The notification is issued contemporaneously to both parties to the extent possible and specifies that Complainants and Respondents may make arrangements with the Title IX Coordinator to review the Report of Investigation, subject to applicable privacy laws and regulations, within 5 business days of the date of the notice.

Complainants and Respondents are informed that they may appeal the outcome within 7 business days of the date of the notice and/or file a complaint with an appropriate state or federal agency or the courts.

The Title IX Coordinator may reopen the investigation at any time for good cause shown, including at the request of the Dean of Students, and issue a revised Report of Investigation. In such cases, the above notice and appeal rights apply to the revised Report of Investigation.

D. Investigation Findings and Disciplinary Action

All investigations resulting in a finding that a violation of this policy occurred result in a referral to the Office of the Dean of Students for disciplinary action for student Respondents or a referral to the appropriate supervisors and other officials for appropriate employment action.

If the Title IX Coordinator determines that this policy was not violated, then in the case of student Respondents, the Dean of Students reviews the Report of Investigation to determine if there is evidence of other Student Conduct Code violations. In the case of employee Respondents, appropriate supervisory and/or other officials review the Report of Investigation to determine if there is evidence of other campus policy or workplace standard violations. The Title IX Coordinator is also available to meet with Complainants to explain why their complaint was not substantiated.

If the findings are inconclusive, the Title IX Coordinator may seek to facilitate a resolution or a result that takes the concerns and well-being of both the Complainant and the Respondent into account. The Title IX Coordinator always prioritizes any and all safety concerns.

For more information on the investigation findings and how they are resolved, see Appendix K.

E. Documentation

The Title IX Coordinator maintains records documenting any reports or complaints alleging violations of this policy and how such reports or complaints were resolved. Records include, but are not limited to, any agreements reached under the informal complaint resolution process, Reports of Investigation, and documentation of corrective action taken, follow-up/monitoring activities, and any mandated reporting. All records are confidential and are made available to persons outside of the process only as required or permitted by law.



Section 7. Appeals

Complainants and the Respondents may appeal the complaint outcome within 7 business days of the issuance of the Report of Investigation. Parties may appeal the complaint outcome only on the following grounds: 1) a procedural error occurred, or 2) new information exists that would substantially change the outcome of the finding. Both parties also retain the right to file a complaint with an appropriate state or federal agency or the courts in accordance with applicable law. For more information on submitting an appeal and how appeals are decided, see Appendix L.



Section 8. Students and Employees with Grievance Rights

Nothing in this policy overrides provisions in applicable state or federal law, University of Illinois or UIS governing documents, collective bargaining agreements, or other contractual obligations of the University of Illinois or UIS.

For State Universities Civil Service System employees found to have violated this policy and subject to the responsible administrator’s recommendation that disciplinary action be taken, the employee is covered by “AN ACT TO CREATE THE STATE UNIVERSITIES CIVIL SERVICE SYSTEM” which specifies that “…no employee shall be demoted, removed or discharged except for cause, upon written charges, and after an opportunity to be heard in his own defense…” before an Advisory Committee of the Merit Board. Please contact Human Resources for additional information and assistance.



Section 9. Conflicts of Interest

Persons conducting functions pursuant to this policy must be free from conflicts of interest and bias for or against any party. UIS officials having a conflict of interest or bias in a particular case must recuse themselves from taking part in the complaint resolution process and notify the appropriate UIS or University of Illinois official so that a substitute can be designated. Similarly, either party to a complaint may request a substitution for an official with authority to make a finding or impose a sanction in their proceeding if the participation of the official poses a conflict of interest. See Appendix J.

For additional information on how certain conflicts of interest are resolved, see Appendix M.



Section 10. Retaliation Prohibited

It is a violation of Title IX and this policy to retaliate against a person for reporting in good faith an alleged or suspected violation of this policy, or for assisting, participating, or cooperating in an investigation of the same. UIS takes immediate and appropriate steps to investigate allegations of retaliation and protects the Complainant, as necessary.

The reporting party can use the complaint resolution mechanisms specified in this policy to allege retaliation. Retaliation is a basis for disciplinary action or sanctions by the appropriate administrator, up to and including termination of employment or dismissal/expulsion.



Section 11. Filing Complaints with External Agencies

Individuals believing they have experienced discrimination on the basis of Gender or sex at UIS have the right to initiate a complaint with an appropriate state or federal agency. For more information, see Appendix N.



Section 12. UIS-Wide Task Force

UIS sponsors a UIS-wide task force with members drawn from UIS staff, UIS students, the UIS Police, and the Peoria campus. Representatives from community-based organizations and local law enforcement are also invited to participate. The task force works toward improving UIS coordination with community leaders and service providers to prevent sexual misconduct and to facilitate a coordinated response both in terms of law enforcement and victim services. UIS makes appropriate training available to task force members.



Section 13. Annual Report

UIS will provide no later than November 1, 2017, and every November 1 thereafter, an annual report concerning the immediately preceding calendar year to the Illinois Department of Human Rights and the Attorney General with all of the components required by Section 9.21 of the Illinois Board of Higher Education Act (110 ILCS 205/9.21).



Appendix A

Definitions

Campus Security Authority. A Campus Security Authority is (i) a campus police department or a campus security department of an institution; (ii) any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department under paragraph (i) of this definition, such as an individual who is responsible for monitoring entrance into institutional property; (iii) any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses; and (iv) an official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings. If such an official is a pastoral or professional counselor, the official is not considered a campus security authority when acting as a pastoral or professional counselor.

Complainant. A person alleging a violation of this policy.

Confidential Advisors. Professional counselors available at the UIS Counseling Center or off-campus who provide emergency and ongoing support, help find needed resources, and talk with students about reporting Sexual Misconduct. Confidential Advisors are not considered Responsible Employees. All communications between a Confidential Advisor and a survivor of Sexual Violence pertaining to an incident of Sexual Violence are confidential, unless the student victim consents to the disclosure in writing, the disclosure falls within a statutory exception, or failure to disclose the communication would violate state or federal law.

Consent. Consent is informed, freely and actively given, mutually understandable words or actions that indicate a willingness to participate in the mutually agreed upon sexual activity in question. Silence does not necessarily constitute consent. If coercion, intimidation, threats, or force (express or implied) are used there is no consent. There is no consent when the victim is under duress or is deceived. Lack of verbal or physical resistance or submission resulting from the use of force or threat of force does not constitute consent. A person’s manner of dress does not constitute consent. A person’s consent to past sexual activity does not constitute consent to future sexual activity. A person’s consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another. A person can withdraw consent at any time. A person cannot consent to sexual activity if he or she is unable to understand the nature of the activity or give knowing consent due to the circumstances, including without limitation the following: the person is incapacitated due to the use or influence of alcohol or drugs; the person is asleep or unconscious; the person is under age; or the person has a mental disability. Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent. See Section 10(1) of the Illinois Preventing Sexual Violence in Higher Education Act, (110 ILCS 155/10).

Dating Violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of relationship, the type of the relationship, and the frequency of the interaction between the persons involved in the relationship.

Dean of Students. The Dean of Students is the UIS official designated by the Vice Chancellor for Student Affairs to oversee and manage the UIS Student Conduct Code. Unless otherwise indicated, references in this policy to the Dean of Students include persons designated by the Dean of Students.

Domestic Violence. Domestic violence means felony or misdemeanor crimes of violence committed by:

  1. A current or former spouse or intimate partner of the alleged victim;
  2. A person with whom the alleged victim shares a child in common;
  3. A person who is cohabitating with, or has cohabitated with, the alleged victim as a spouse or intimate partner;
  4. A person similarly situated to a spouse of the alleged victim under the domestic or family violence laws of the State of Illinois; or
  5. Any other person against an adult or youth alleged victim who is protected from that person’s acts under the domestic or family violence laws of the State of Illinois.

Gender. A classification assigning masculine or feminine labels to people, typically based on biological sex and acknowledging only two genders, male or female/man or woman.

Gender-based Harassment. A form of sex-based harassment referring to unwelcome conduct based on an individual’s actual or perceived sex, including harassment based on Gender Identity or nonconformity with sex stereotypes, and not necessarily involving conduct of a sexual nature.

Gender Expression. The external display of one’s Gender Identity, through an array of markers that may include dress, demeanor, social behavior, mannerisms, or other factors, generally measured on scales of masculinity and femininity.

Gender Identity. The internal perception of one’s Gender or sense of masculinity, femininity, or a fluid combination; how individuals label themselves, regardless of biological sex.

Inducing Incapacitation for Sexual Purposes. Using drugs, alcohol, or other means with the intent to affect or having an actual effect on the ability of an individual to consent or refuse to consent to sexual contact.

Relationship Violence. A collective term that encompasses domestic violence and dating violence.

Respondent. A person accused of conduct violating this policy.

Responsible Employee. Any employee who has the authority to take action to redress Sexual Violence; who has been given the duty of reporting incidents of Sexual Violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee; or whom a student could reasonably believe has this authority or duty. UIS Confidential Advisors are not considered Responsible Employees; however, all other UIS employees, including student housing resident advisors but excluding all other undergraduate and graduate student employees, are considered Responsible Employees.

Retaliation. Any action or attempted action taken by an accused individual or a third party against any person because that person opposed any practices forbidden under this policy or because that person in good faith filed a complaint, testified, assisted, or participated in any manner in an investigation or proceeding under this policy. This includes action taken or attempted against a bystander who intervened to stop or attempt to stop Sexual Misconduct. Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s good faith complaint or participation in the complaint process.

Sexual Assault. Sexual Assault is any sexual contact that does not involve the knowing consent of each person, including:

  1. Any form of sexual penetration without consent; and
  2. Any intentional or knowing touching or fondling, directly or through clothing, of the sex organs, buttocks, or breasts of another person without consent and for the purpose of sexual gratification or arousal.

Sexual Exploitation. Taking non-consensual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited, and that behavior does not otherwise constitute Sexual Assault, Domestic Violence, Dating Violence or Stalking. Examples of behavior that could rise to the level of Sexual Exploitation include but are not limited to:

  1. Prostituting another person;
  2. Non-consensual visual (e.g., video, photograph) or audio-recording of sexual activity;
  3. Non-consensual distribution of photos, other images, or information of an individual’s sexual activity, intimate body parts, or nakedness, with the intent to or having the effect of embarrassing an individual who is the subject of such images or information;
  4. Going beyond the bounds of consent (such as letting friends hide in the closet to watch otherwise consensual sex);

Sexual Harassment. Sexual Harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual Violence, including Sexual Assault, is a form of Sexual Harassment. Sexual Harassment can involve persons of the same or opposite sex. Sexual Harassment can take one of the following two forms, both of which are prohibited by this policy:

  1. When the terms or conditions of employment, educational benefits, academic grades or opportunities, living environment, or participation in a UIS activity is conditioned upon, either explicitly or implicitly, submission to or rejection of unwelcome sexual advances or requests for sexual favors, or such submission or rejection is a factor in decisions affecting that individual’s employment, education, living environment, or participation in a UIS program or activity. Generally, perpetrators are agents or employees with some authority from the University.
  2. When pervasive or egregious conduct based on sex, sexuality, Gender Identity, Gender Expression, or Sexual Orientation creates a hostile environment. To constitute a hostile environment, the conduct must:

a) Be based on sex, sexuality, Gender Identity, Gender Expression, or Sexual Orientation;

b) Be sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit a person’s ability to participate in or benefit from UIS’s programs, services, opportunities, or activities ; or

c) Have the purpose or effect of unreasonably interfering with an individual’s employment.

Mere offensiveness is not enough to create a hostile environment. Although repeated incidents increase the likelihood that harassment has created a hostile environment, a serious incident, such as a Sexual Assault, even if isolated, can be sufficient.

In determining whether harassment has created a hostile environment, consideration is given not only as to whether the conduct was unwelcome to the person who feels harassed, but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. The following factors are also considered:

a) The degree to which the conduct affected one or more students’ education or individual’s employment;

b) The nature, scope, frequency, duration, and location of the incident or incidents and the context in which they occurred;

c) The identity, number, and relationships of persons involved;

d) The age and sex of the alleged harasser and the subject or subjects of the harassment;

e) Other incidents at UIS, as appropriate; and

f) Incidents of Gender-based, but nonsexual harassment.

Sexual Misconduct. Sexual Misconduct includes, but is not limited to, sexual and Gender-based harassment, Sexual Violence, Sexual Exploitation, Dating Violence, Domestic Violence and Stalking. Sexual Misconduct includes the full range of unlawful sex-based misconduct under Illinois and federal law, regardless of whether it is specifically defined in this policy.

Sexual Orientation. The direction of one’s sexual attraction to others; not always absolute.

Sexual Violence. Sexual Violence refers to physical sexual acts attempted or perpetrated against a person’s will or when a person is incapable of giving consent. Sexual Violence includes Sexual Assault.

Stalking. Stalking is two or more acts directed at a specific person that would cause a reasonable person to fear for her, his, or others’ safety, or to suffer substantial emotional distress, and includes, but is not limited to, following, monitoring, surveilling, or threatening a person; initiating or continuing contact with a person without consent; or interfering with or damaging a person’s property.

Transgender. An umbrella term covering a range of identities that transgress socially defined Gender norms; also signifies a person who lives as a member of a Gender other than that based on sex assigned at birth. Transgender persons may or may not wish to transform their bodies hormonally and surgically to match their inner sense of Gender/sex.



Appendix B

Annual Training for UIS Students

  • Annual Gender and sex discrimination and Sexual Violence primary prevention and awareness training for all students who attend one or more classes on the Springfield or Peoria campuses includes the following components:
  • An overview of UIS’s comprehensive policy to prevent and respond to Sexual Misconduct
  • The identity of the UIS Title IX Coordinator, including confirmation of requisite skills and training
  • An overview of applicable federal, state, and local laws (including Title IX)
  • UIS’s definitions of Consent, inability to Consent, and Retaliation as they relate to Sexual Misconduct
  • Practices for identifying, preventing and addressing Sexual Misconduct
  • Procedures for reporting of alleged or suspected Sexual Misconduct to UIS, the UIS Police, and local law enforcement
  • Confidential Advisors or other available confidential resources
  • Available survivor services
  • The procedures that are used to investigate and resolve complaints and reports
  • Strategies for bystander intervention and risk reduction
  • The types of sanctions or other corrective actions potentially available to address violations of this policy
  • All applicable education and training requirements under Campus SaVE and VAWA enactments


Appendix C

Confidential Advisors

Confidential Advisors can provide victims of Sexual Misconduct with information on available counseling and crisis response services, discuss possible next steps regarding reporting options and possible outcomes, and advise on rights and UIS’s responsibilities regarding orders of protection, no contact orders, or similar lawful orders issued by UIS or a criminal or civil court.

If requested, Confidential Advisors can liaise with UIS officials, rape crisis centers, sexual assault centers, the UIS police and/or local law enforcement. Confidential Advisors can also assist with 1) contacting and reporting to UIS officials, the UIS Police and/or local law enforcement, and/or 2) requesting appropriate interim/protective measures.

UIS Confidential Advisors have no obligation to report crimes to UIS or law enforcement, except that UIS Confidential Advisors report on a monthly basis to the Title IX Coordinator the number and type of incidents of Sexual Misconduct reported exclusively to the Confidential Advisor. This allows the anonymous statitistical data to be included in UIS’s Annual Security and Fire Safety Report (also known as the Clery Report).

Confidential Advisors receive 40 hours of training on Sexual Violence before being designated a Confidential Advisor and attend a minimum of 6 hours of ongoing education training annually on issues related to Sexual Violence to remain a Confidential Advisor. Confidential Advisors also receive periodic training on the campus administrative processes, interim measures, academic and other accommodations, and Title IX complaint resolution procedures.

Confidential Advisors are available at the following locations:

  1. On-campus: UIS Counseling Center: (217) 206-7122
  2. Off-campus: Prairie Center Against Sexual Assault, 3 West Old State Capitol Plaza, Springfield, IL (217) 744-2560


Appendix D

What To Do If You Are The Victim Of Sexual Misconduct

A. If you are the Victim of Sexual Violence:

1. Emergency Situations. Dial 911 for law enforcement assistance.

2. Seek Medical Attention Immediately. If you are the victim of Sexual Violence, UIS strongly encourages you to go to a hospital emergency room, with a friend if possible. Healthcare providers can treat the physical consequences of Sexual Violence, such as injuries, concerns of pregnancy, and/or sexually transmitted diseases. Healthcare providers can also collect evidence even if you choose not to immediately seek criminal charges against an offender. Healthcare staff are required by Illinois law to contact local law enforcement; however, you choose whether to speak with police personnel or decline to do so.

Hospitals in the Springfield area include:

  • Memorial Medical Center, 800 N. Rutledge, Springfield, IL 62702, (800) 798-3011
  • St. John’s Hospital, 800 E. Carpenter Street Springfield, IL 62769, (217) 544-6464

Both are located just north of downtown Springfield.

In Peoria:

  • OSF Saint Francis Medical Center, 530 NE Glen Oak Ave., Peoria, IL 61637, (309) 655-2000, located close to the Peoria Center.

2. Preserve Evidence. It is important that you not bathe, douche, smoke, change clothing or clean the bed/linen/area where you were assaulted so that evidence may be preserved if the offense occurred within the past 96 hours, as it may be helpful for proof of criminal activity. If necessary, you can place clothing or bedding in a clean paper bag until you are able to provide the items to UIS or local law enforcement. You are also encouraged to preserve other evidence by saving text messages, instant messages, social networking pages, and other communications, and keep pictures, logs or other copies of documents, if you have any, as they could be useful for disciplinary proceedings, police investigations, and/or seeking orders of protection.

B. Reporting Options for all Sexual Misconduct

1. To Police. Although UIS and UIS Police strongly encourage all members of the UIS community to report criminal conduct to the police, it is your choice whether to make such a report to police, and you have the right to decline involvement with the police. The Title IX Coordinator can assist you in notifying the UIS Police or off campus law enforcement, should you choose to do so.

  • In an emergency, dial 911.
  • Students attending the Springfield campus may contact the UIS Police at (217) 206-6690 or the Springfield Police Department at (217) 788-8311.
  • Students attending classes at Peoria Center, may contact the Illinois Central College Police at (309) 999-4699 or the Peoria Police at (309) 673-4521.

2. To Title IX Coordinator: You are encouraged to report the incident to the UIS Title IX Coordinator:

Title IX Coordinator: Deanie Brown
Telephone: (217) 206-9999
E-mail: titleix@uis.edu
In person: PAC 491

If you prefer, you may report the incident to the Office of the Dean of Students at (217) 206-8211 (who in turn informs the Title IX Coordinator). If you decline to contact the Title IX Coordinator, it is possible the Title IX Coordinator may learn about the incident through reports by other people. In the event that occurs, you may be contacted by the Title IX Coordinator or the Dean of Students to address the incident and/or broader campus safety concerns.

3. To UIS Responsible Employees. You can report the incident to any UIS Responsible Employee. Responsible Employees are obligated to report to the UIS Title IX Coordinator if they become aware of alleged Sexual Misconduct. UIS Confidential Advisors are not considered Responsible Employees; however, all other UIS employees, including student housing resident advisors but excluding all other undergraduate and graduate student employees, are considered Responsible Employees. Responsible Employees receive training on their responsibility to keep personal identifiable information about you confidential and only share it with persons with a specific need to know who are investigating or adjudicating a complaint or delivering resources or support services.

C. Confidential Counseling

You can obtain confidential counseling to help cope with the incident and/or explore options for reporting the incident. The following confidential counseling resources are available:

3. On-campus: UIS Counseling Center: (217) 206-7122
4. Off-campus: Prairie Center Against Sexual Assault, 3 West Old State Capitol Plaza, Springfield, IL (217) 744-2560

Professional counselors at these locations can provide support, help find needed resources, and talk with you about reporting the crime. The Title IX Coordinator and the Office of the Dean of Students can also assist with requests for changes in academic or living situations because of an incident.

D. Amnesty

Any UIS student who reports a violation of this policy in good faith to a UIS Responsible Employee will not receive a disciplinary sanction for an ancillary Student Conduct Code violation, such as underage drinking, revealed in the course of the student’s report, unless UIS determines that the violation was egregious, including without limitation an action that places the health or safety of any other person at risk.

E. Compensation for Eligible Crime Victims through the State of Illinois

If you are eligible, you may seek compensation under state law. If you do not have public aid or private medical insurance, the Illinois Sexual Assault Survivor’s Emergency Treatment Act covers emergency room costs if you go to a hospital. The hospital should not bill you for the treatment. Instead, the hospital is reimbursed by the Illinois Department of Public Aid.

Under the Illinois Crime Victim’s Compensation Act, you may be reimbursed for out-of-pocket medical expenses, loss of earnings, psychological counseling and loss of support income due to the crime. Maximum reimbursement is $27,000. If you plan to request compensation under this law, you should contact the toll-free Crime Assistance Line as soon as possible to ensure compliance with reporting deadlines. Information about these reporting requirements can be found through the Office of the Illinois Attorney General: www.illinoisattorneygeneral.gov/victims/cvc.html. The toll-free Crime Assistance Line is (800) 228-3368, or TTY (877) 398-1130.



Appendix E

Responsible Employees

All UIS employees, except the Counseling Center employees and all graduate and undergraduate student employees except student housing resident advisors, are considered Responsible Employees. UIS is considered to have notice of Sexual Misconduct if a Responsible Employee knew, or in the exercise of reasonable care, should have known about the Sexual Misconduct. Accordingly, all UIS Responsible Employees [1] are required to report any Sexual Misconduct they become aware of to the Title IX Coordinator. Reports should be made as soon as possible, but must be made within 48 hours of receiving the information.

Given that reporting obligation, Responsible Employees must first inform persons seeking to report Sexual Misconduct to them that:

  • The Responsible Employee is obligated to report the allegations, including the names (if known) of the persons being reported as the victim and the alleged perpetrator, to the Title IX Coordinator;
  • The person has an option to request confidentiality and that there are confidential advocacy, counseling, or other support services available;
  • The person has a right to file a Title IX complaint with UIS and to report a crime to the UIS Police or local law enforcement;
  • UIS will protect the person’s confidentiality to the greatest extent possible; and,
  • Reporting this information to the Title IX Coordinator does not necessarily mean that a formal complaint or investigation will be initiated if the person requests confidentiality.
  • The Responsible Employee should also ask the person reporting the Sexual Misconduct whether she or he has any safety concerns.

After receiving a report of Sexual Misconduct, a Responsible Employee must report the following information (if known) to the Title IX Coordinator:

  • The names of the alleged perpetrator and victim;
  • The names of witnesses or other students involved;
  • Relevant facts including the date, time, and location; and,
  • Whether there are any safety concerns.

All personal identifiable information must be treated as confidential and only shared with persons with a specific need to know who are investigating/adjudicating the complaint or delivering resources or support services.

The Responsible Employee’s reporting obligation is in addition to any reporting requirements that might otherwise exist, including the Abused and Neglected Child Reporting Act (ANCRA) and University policy.

Responsible Employees who witness or learn about alleged Sexual Misconduct and who fail to report it in a timely manner may be subject to disciplinary action, up to and including termination of employment.

Some UIS Responsible Employees have also been identified as Campus Security Authorities (CSAs) under the Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act, also known as the “Clery Act”. In addition to their obligations as UIS Responsible Employees, UIS employees identified as CSAs must also report certain crimes brought to their attention to the UIS Police so that the crimes can be counted in the statistical summaries found in UIS’s Annual Security and Fire Safety Report, also known as the “Clery Report”. Employees who are both UIS Responsible Employees and CSAs must fulfill their reporting responsibilities under both roles, including meeting applicable reporting timelines.


[1] Because of statutory limitations, Counseling Center employees are not considered Responsible Employees and do not report incidents to the Title IX Coordinator without express written consent. UIS Confidential Advisors do, however, report on a monthly basis to the Title IX Coordinator the number and type of incidents of Sexual Misconduct reported exclusively to the Confidential Advisor so the anonymous statistical data can be included in UIS’s Annual Security and Fire Safety Report (also known as the Clery Report). A person who makes a confidential report to the Counseling Center may still contact the Title IX Coordinator at any time to access appropriate campus resources.



Appendix F

Non-Exclusive List of Potential Interim/Protective Measures and Corrective Action/Remedies

The need for interim/protective measures and corrective action/remedies is assessed on a case-by-case basis. Depending upon the circumstances, potential interim measures, protective measures, corrective action and remedies could include, but not be limited to, any of the following:

  • A campus order of no contact
  • Campus no-trespass notices
  • Making an escort available to assist the Complainant move safely between classes and campus activities
  • Adjusting class schedules or methods of participating in activities to minimize campus contact between the Complainant and the Respondent
  • Moving the Complainant or Respondent to a different residence hall
  • Counseling services
  • Medical services
  • Academic support services
  • Other appropriate academic accommodations
  • Advising on the availability of no contact orders, or similar lawful orders issued by a criminal or civil court.
  • Reviewing any disciplinary actions taken against the Complainant to see if there is a causal connection between the reported harassment and the misconduct that may have resulted in the Complainant being disciplined
  • Modifying work schedules or locations
  • Adjusting reporting lines

Appendix G

Confidentiality Requests

Persons reporting that they are a victim of Sexual Misconduct may request that their names not be revealed to the Respondent. They may also request that UIS not investigate or seek action against the Respondent. It is important to understand that if either of these requests are made, UIS’s ability to respond fully to the incident, including initiating disciplinary or adverse employment action against the Respondent, may be limited. Before making a confidentiality request, consider that both Title IX and this policy include protections against Retaliation, and that UIS will not only take steps to prevent Retaliation but also take strong responsive action if it occurs.

The Title IX Coordinator evaluates requests not to reveal names or other identifiable information in the context of UIS’s responsibility to provide a safe and nondiscriminatory environment for all students and employees. The Title IX Coordinator weighs the confidentiality request against the following factors: the seriousness of the alleged policy violation; the Complainant’s age; whether there have been other complaints about the same Respondent; the Respondent’s rights to receive information about the allegations if the information is maintained by the school as an “education record” under FERPA, and the rights of the Respondent to receive information about the Complainant and the allegations if a formal disciplinary proceeding with sanctions may result.

If the Title IX Coordinator grants the Complainant’s confidentiality request, UIS will take all reasonable steps to investigate and respond to the complaint consistent with the request as long as doing so does not prevent UIS from responding effectively to the alleged Sexual Misconduct and maintaining a safe environment for the UIS community.

If the Title IX Coordinator is unable to grant the confidentiality request, the Title IX Coordinator informs the Complainant prior to making any disclosures. If a Complainant requests that the Title IX Coordinator inform the Respondent that the Complainant asked UIS not to investigate or seek discipline, the Title IX Coordinator will honor the request.

If UIS cannot take disciplinary or adverse employment action against the Respondent because of the Complainant’s desire to maintain confidentiality, UIS will pursue other steps to limit the effects of the alleged Sexual Misconduct and prevent its recurrence.

A student Respondent to a complaint has a right under the Family Educational Rights and Privacy Act (FERPA) to request to inspect and review information about allegations if the information directly relates to the Respondent and UIS maintains the information as an education record. In such a case, UIS either redacts the Complainant’s name and all identifying information before allowing a Respondent to inspect and review the sections of the complaint that relate to the Respondent, or informs the Respondent of the specific information in the complaint that is about the Respondent. Respondents are not be given access to information protected by law from disclosure.



Appendix H

Informal Complaint Resolution Process

Issues or concerns may arise or be reported by the Complainant or others that, in the judgement of the Title IX Coordinator, do not rise to the level of a policy violation. In such situations, the Complainant may prefer to seek an informal resolution of the issues or concerns.

Before recommending the informal complaint resolution process, the Title IX Coordinator meets with the Complainant to discuss this policy and confirm that the Title IX Coordinator has a complete understanding of the Complainant’s issues or concerns, including all pertinent facts and circumstances. The Title IX Coordinator also confirms that the Complainant feels comfortable and confident that the Title IX Coordinator understands his or her issues or concerns.

If after this discussion, both the Title IX Coordinator and the Complainant agree that the informal complaint resolution process is appropriate, the Title IX Coordinator directly assists and guides effective and equitable problem-solving efforts, working with the Complainant and other relevant parties as appropriate.

If at any time during the informal complaint resolution process either 1) the Complainant desires to pursue a formal complaint, or 2) facts or circumstances arise that indicate Sexual Misconduct may have occurred, the Title IX Coordinator will terminate the informal complaint resolution process and handle the matter consistent with the other provisions of this policy.

The informal complaint process cannot be used to resolve any suspected violation of this policy.



Appendix I

Formal Complaint Resolution Process

Any person may submit a formal complaint alleging a violation of this policy. Formal complaints are submitted to the Title IX Coordinator. Formal complaints must be submitted within 180 days of the occurrence of the matter being complained about. Formal complaints submitted outside this timeline are normally not investigated unless the Title IX Coordinator determines there is an ongoing risk to the safety of the UIS community, although support services are generally available for current students and employees without regard to when the matter being reported occurred. The Title IX Coordinator may also initiate the formal complaint process on her/his own accord after becoming aware of a possible violation of this policy involving UIS students or employees.

Upon initiation of a complaint, the Title IX Coordinator confers with the person(s) with the concern to establish the nature of the complaint. The Title IX Coordinator also provides the person(s) with a copy of this policy and written notification about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other available services, both at UIS and in the community. The Title IX Coordinator also provides information about filing a complaint with the UIS Police, local law enforcement authorities, and external civil rights agencies.

Whenever possible, formal complaints are addressed within 60 days of filing, including completing the investigation and any required process to consider sanctions, unless UIS reasonably determines for good cause that additional time is required. Good cause includes complying with collective bargaining agreements, other University or campus policies, and/or state statutes and regulations. In such cases, the Title IX Coordinator simultaneously provides written notice of the delay and the reason for it to the Complainant and the Respondent.



Appendix J

Investigating Complaints

If the Title IX Coordinator determines that the issue or concerns presented, if true, would constitute a violation of this policy, s/he consults with the Complainant to determine if a formal investigation is appropriate. The Complainant has the option of requesting that no formal investigation be conducted. The Title IX Coordinator will consider the request in light of broader campus safety and institutional responsibilities when deciding whether it is appropriate to honor a request for no formal investigation. If the Title IX Coordinator concludes an investigation is appropriate, it is conducted in a prompt, thorough, fair and impartial manner.

As part of the investigation process, the Title IX Coordinator informs the Respondent of the nature of the complaint. The Title IX Coordinator meets separately with the Respondent and others deemed by the Title IX Coordinator to be necessary to ascertain the factual basis of the complaint. Any disclosures the Title IX Coordinator makes regarding the complaint (including in the case of employees to the Respondent’s supervisory staff, the appropriate unit head or dean, and the appropriate vice chancellor or executive administrator) are made only if deemed necessary to conduct the investigation, provide appropriate services to the Complainant, or protect the rights of either the Complainant or the Respondent. All disclosures are consistent with FERPA or applicable employee privacy rights.

The investigation process further consists of the Title IX Coordinator gathering relevant information, evaluating that information, and then rendering a written Report of Investigation determining whether the alleged policy violation occurred. The fact-finding investigation does not include a hearing or adversarial proceeding of any kind.

As part of the investigation process, the Title IX Coordinator initially informs both the Complainant and the Respondent that the Title IX Coordinator will determine whether the complaint is substantiated and gives each party the opportunity to request from the Chancellor or her/his designee a substitution for the Title IX Coordinator if there is a conflict of interest. The Title IX Coordinator also gives both the Complainant and Respondent equal opportunity to be interviewed, to submit written statements, to provide the names and contact information for potential witnesses or to submit written statements from those witnesses, and to submit or identify other evidence for the Title IX Coordinator’s consideration. The Title IX Coordinator may require that any statements from witnesses offered by the parties, including expert witnesses, be submitted in writing. Prior to the issuance of the Report of Investigation, the Title IX Coordinator may meet with either party for follow-up fact-finding efforts, or collect additional information from any source, as required.

Both parties have the right to have the assistance of and/or to be accompanied by an advisor at any meeting or interview they participate in as part of the investigation provided that the involvement of the advisor does not result in undue delay of the meeting or interview.

The advisor may, but need not be, an attorney. Each party is responsible for any costs associated with his or her advisor. To ensure direct access to relevant facts and circumstances, the Title IX Coordinator may restrict the role advisors play in the investigatory process, provided such restrictions are evenly applied to both parties.

In conducting the investigation, the Title IX Coordinator requires access to all pertinent material, records, reports, documents and computerized information in the possession of any UIS personnel, and the Title IX Coordinator must be given the opportunity to interview all persons possessing relevant information unless exempt from disclosure or reporting under state or federal law.

Obstruction of an investigation of allegations of conduct prohibited by the policy is grounds for disciplinary action or sanctions by the appropriate body, up to and including termination of employment and/or dismissal or expulsion.

Standard for Determining Responsibility. The standard the Title IX Coordinator uses to determine whether UIS’s Title IX policy has been violated is whether it is more likely than not, based on information gathered and examined, that the Respondent violated this policy. This is the “preponderance of the evidence” standard of proof.

Investigation Timeline. The Title IX Coordinator normally completes the investigation and issues a Report of Investigation within 30 days. If it is not possible to complete the investigation and report within that time frame, the Title IX Coordinator simultaneously notifies in writing the Complainant, the Respondent, and appropriate administrators and supervisors as to the cause of the delay and the expected time of completion.



Appendix K

Investigation Findings and Disciplinary Action

A. Findings Concluding that Policy Violations Occurred

All investigations finding that a violation of this policy occurred result in referral to the Office of the Dean of Students for disciplinary action for student-respondents or referral to the appropriate supervisors and other officials for appropriate employment action.

1. If the Respondent is a student, the Dean of Students forwards the Report of Investigation to the Chair of the Executive Panel for a proceeding under the Student Conduct Code. The sole purpose of the proceeding is to review the Report of Investigation and determine appropriate sanctions. The range of possible sanctions includes a warning, written reprimand, restitution, community service, probation, suspension, or dismissal.

2. If the Respondent is an employee, the Title IX Coordinator forwards the Report of Investigation to the appropriate supervisors and other officials for appropriate disciplinary action applicable to the Respondent’s employee group. The range of possible sanctions includes oral warnings, written warnings, reassignment and/or demotion, paid or unpaid suspension, severe sanctions less than dismissal, discharge, termination and/or loss of tenure.

If new information emerges during the disciplinary process that, in the opinion of the hearing panel for students or the relevant disciplinary authority for employees, could substantively alter the findings, conclusions or recommendations in the Report of Investigation, the Report of Investigation and the new information are returned to the Title IX Coordinator for appropriate action, including reopening the investigation and issuing an amended Report of Investigation. Both parties have the right to review and appeal the amended Report of Investigation in accordance with Section 6.C. of this policy before the disciplinary process resumes or terminates.

For student Respondents, resolution of the disciplinary process is normally concluded within 21 calendar days, along with the implementation of recommended corrective action. For employee Respondents, resolution of any employment action is in accordance with applicable employment policies or practices. Administrators may take additional reasonable steps, as necessary, to prevent the recurrence of the misconduct and may request advice from the Title IX Coordinator to implement corrective action.

The Title IX Coordinator encourages Complainants to report if any issues resume and/or if retaliatory conduct occurs.

B. Findings Concluding that No Policy Violations Occurred

If the Title IX Coordinator determines that this policy was not violated, then in the case of student Respondents, the Dean of Students reviews the Report of Investigation to determine if there is evidence of other Student Conduct Code violations. Similarly, in the case of employee Respondents, the appropriate supervisors and/or other officials review the Report of Investigation to determine if there is evidence of other campus policy or workplace standard violations. In either the student or the employee Respondent situation, if there is evidence of non-Title IX and Sexual Misconduct policy violations, the normal disciplinary procedures are followed.

In addition, the Title IX Coordinator is available to meet with the Complainant initiating the Sexual Misconduct complaint process to explain why the complaint was not substantiated. If the complaint was filed by a third-party who is not the reported victim, although it is not appropriate to disclose outcomes, the third-party Complainant is informed that the complaint has been appropriately addressed.

C. Inconclusive Findings

If the findings are inconclusive, the Title IX Coordinator may seek to facilitate a resolution or a result that takes into account the concerns and well-being of both parties while prioritizing any and all safety concerns.


Appendix L

Appeals

Both the Complainant and the Respondent may appeal the complaint outcome. Parties may appeal the complaint outcome only on the following grounds: 1) a procedural error occurred, or 2) new information exists that would substantially change the outcome of the finding. Appeals of the complaint outcome are decided by an administrative review of the relevant documents as set forth below.

Appeals of the complaint outcome must be submitted in writing to the Chancellor or her/his designee within 7 business days of receiving the notice of complaint outcome. The party opposite the appealing party is given an opportunity to review the appeal, to the extent permitted by law, and to submit additional material to be considered together with the appeal. Any additional material must be submitted within 7 business days of being notified the other party has appealed. Any additional material submitted is made available to the appealing party subject to applicable privacy laws.

The Chancellor may delegate or assign responsibility for reviewing the appeal to an appropriate official with the requisite training and having no conflict of interest or prior involvement in the case, including but not limited to an official from the University of Illinois at Urbana/Champaign or the University of Illinois at Chicago. The Chancellor or her/his designee will thoroughly review the appeal, any material submitted by the other party, and the written record of the complaint. The Chancellor or her/his designee may also request any additional information, which will be shared with the parties in advance of the Chancellor or her/his designee’s decision on the appeal, subject to applicable privacy laws. The Chancellor or her/his designee will issue a written decision based upon a preponderance of the evidence within 10 working days following receipt of the appeal and any additional material submitted by the other party, unless she/he determines additional time is necessary. The Chancellor or her/his designee will simultaneously notify the parties in writing of 1) any extension of time to render a decision and the reason for the extension, and 2) within 7 business days after conclusion of the review, the decision on the appeal.

The Respondent and the Complainant may also appeal any sanctions imposed for violating this policy. Appeals in cases involving student Respondents are submitted in accordance with the procedures set forth in the Student Conduct Code. Employees follow the procedures applicable to the Respondent’s employee group for appealing or grieving the imposition of disciplinary action.


Appendix M

Additional Information on Conflicts of Interest

Complaints against the following officials should be submitted as indicated.

A. Campus-based University Administration Employees

University Administration employees working on the UIS campus should communicate relevant concerns or initiate complaints and grievances regarding this policy with the University’s Assistant Vice President for Human Resources and Equal Opportunity, whose policies and procedures apply.

B. Complaint Against the Title IX Coordinator

When the accused party is the Title IX Coordinator, the Chancellor designates another appropriate administrator for purposes of implementation of this policy’s procedures. The designated administrator must have the requisite training and experience and have no conflict of interest or prior involvement in the case. The designated administrator could include the University’s Assistant Vice President for Human Resources and Equal Opportunity or an official from the University of Illinois at Urbana/Champaign or the University of Illinois at Chicago, subject to the concurrence of the President or the respective Chancellor, as appropriate.

C. Complaint Against UIS Chancellor

When the accused party is the UIS Chancellor, the Complainant should submit a complaint in writing to the President of the University of Illinois, 364 Henry Administration Bldg., 506 S. Wright St. Urbana, Illinois 61801 [Phone: (217) 333-3071].



Appendix N

Filing Reports with External Agencies

Individuals who believe they have experienced Sexual Misconduct at UIS have the right – and may initiate – a complaint with an appropriate state or federal compliance agency. Students and employees may file Sexual Misconduct complaints with the Illinois Department of Human Rights (IDHR). Students may also file complaints with the U.S. Department of Education, Office for Civil Rights (OCR). In addition, any University employee may file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). Contact information for each agency appears below.

UIS is committed to taking prompt and fair remedial action to address violations of this policy regardless of whether an internal or external complaint has been filed. In fact, the filing of a complaint of discrimination with state or federal civil rights agency does not relieve UIS of its responsibility to respond appropriately to a Sexual Misconduct complaint. Accordingly, even if an external complaint is filed, UIS may continue to take appropriate actions consistent with this policy to address the complaint.

Illinois Department of Human Rights
222 S. College St.
Springfield, IL 62704
(217) 785-5100

Office for Civil Rights

U.S. Department of Education
Citigroup Center
500 West Madison Street, Suite 1475
Chicago, IL 60661
(312) 730-1650

U. S. Equal Employment Opportunity Commission
500 West Madison Street, Suite 2000
Chicago, IL 60661
(800) 669-4000