Sexual Assault and Sexual Violence Policy

Illinois Wesleyan University will not tolerate sexual assault of any kind, including that of date or acquaintance rape. Attempted rape or sexual assault is also prohibited. Sexual violence refers to physical sexual acts perpetrated against an individual will; or where an individual is incapable of giving consent due to the use of drugs or alcohol or because of intellectual or other disabilities. With respect to any instances of sexual violence that involve the use of drugs or alcohol, it is the University's position that the use of drugs or alcohol never makes the victim at fault for sexual violence. A primary concern of the University is the victim's safety, and as such, any other rules or violations will be addressed separately from the sexual violence allegations. A number of different acts fall into the category of sexual violence, including: rape, sexual assault, sexual battery, and sexual coercion. Related offenses outlined in the policy may include, but are not limited to the unauthorized filming or viewing of sexual activity, i.e. the videotaping or watching of a consensual or non-consensual sexual act without the knowledge of one or more of the participants, peeping, the use of viewing rooms and similar conduct. Other examples of offenses may include intentional unwelcomed physical conduct that is sexual in nature such as kissing, touching, poking, grabbing, pinching, fondling, rubbing, patting, or brushing against another individuals body, or nondisclosure of known HIV status or known sexually-transmitted disease (STD) to an intimate sexual partner prior to engaging in high risk sexual conduct, i.e. the exposure of the body of one person to a bodily fluid of another in a manner that could result in the transmission of either HIV or STD.

Where there is reason to believe that sexual assault or another related offense has occurred, the University will pursue disciplinary action which may include suspension or dismissal from the University. It should be noted that a student may face civil suits and/or criminal prosecution as well as campus disciplinary action. However, campus disciplinary processes are not dependent upon the filing or outcome of criminal or civil procedures. The campus has jurisdiction over offenses by students that occur on University property (such as classrooms and residence halls), in other locations in the immediate vicinity of the campus (such as nearby chapter houses or off campus residences), and at University functions (such as socials off campus). The University has jurisdiction over alleged offenses between students occurring off campus. Should the University believe that there is reasonable cause to believe that a sexual assault and/ or a related offense may have occurred, the process will go forward whether or not the case is ever brought before civil or criminal adjudication.

What To Do If You Are Assaulted
If a student chooses to begin the criminal complaint process, immediate reporting of a sexual assault is imperative for both the apprehension of the offender and for the collection of evidence that is vital to the support of the complaint. IWU Security should be notified in order to facilitate this process with the Bloomington Police Department as well as to secure a crime scene when the assault has taken place on campus. IWU Security will assist in the notification of police from other localities when the sexual assault has taken place out of Bloomington Police jurisdiction.

Whether or not a student chooses to proceed with criminal charges following a sexual assault, she/he is encouraged to report the incident to IWU officials. It is important that the University has timely information in order to better protect all students from this kind of crime as well as to offer assistance to a student who has been victimized by sexual assault. Additionally, if the student was assaulted by another IWU student, disciplinary procedures may follow should the victim request University action. While policies on release of information balance confidentiality for the survivor of sexual assault with the public's right to know, maintaining confidentiality for the complainant is a priority. Consistent with University procedures to notify the campus when knowledge of crime or unsafe and/or suspicious circumstance occurs, notification of a reported assault will, in all likelihood, be disseminated. Any release of information about an alleged crime will not include personally identifying information about the survivor.

How To File A University Report
A student should contact the Vice President and Dean of Students or her designee following a sexual assault or an incident of sexual misconduct. Understanding the emotional stress that follows sexual assault, a student may feel more comfortable discussing the incident with another university member (such as a residence hall staff person, faculty member or Health Service personnel, among others) who will assist with notification of appropriate university personnel. After an intake meeting with the Dean or the Dean's designee (a student may choose to speak with either a male or female university representative), if a formal complaint is desired, a written report of the incident naming the student involved, the date of the alleged incident and a brief description of the circumstances surrounding the assault will be made.

The complainant may have a person of his/her choice for support present at any time during the reporting process. Should these circumstances involve the violation of other University policies (the use of alcohol or violation of visitation regulations, for example), the complainant will be given immunity for these infractions. The use of any drug, including alcohol, judged to be related to an offense will not be a mitigating circumstance. With respect to any instances of sexual violence that involve the use of drugs or alcohol, it is the University's position that the use of drugs or alcohol never makes the victim at fault for sexual violence. A primary concern of the University is the victims safety, and as such, any other rules violations may be addressed separately from the sexual violence allegations.  The Dean will attempt to keep the identities of the complainant, the respondent and witnesses confidential except to the extent that disclosure is made through the disciplinary action and findings, and/or as required by law. During the reporting process, referral to the various campus and community support systems related to the emotional and physical well-being of the complainant will be offered.

Judicial Procedure
Within 72 hours of the complaint, the Vice President and Dean of Students will inform the alleged offender of the complaint report. The alleged offender will be required to meet with the Dean or the Dean's designee within 72 hours of notification of the complaint to discuss the alleged offense, and a written report will be made. At the time of notification by the Dean or the Dean's designee, the alleged offender will be advised that he/she may want to consult an attorney before making such a statement and that no inference will be drawn from the silence or refusal of the student to make a response.

Upon review of all reports and meetings, the Dean will meet with the complainant to review options including campus adjudication of the matter through a formal hearing; the final decision to enter into a formal hearing will rest with the complainant. Should the complainant elect not to pursue a formal hearing, the University will not be precluded from taking disciplinary action without a formal hearing. When a formal hearing is necessary, residence hall reassignment or removal from the campus may occur in order to provide a sense of security and privacy for both parties until adjudication of the complaint is completed. Housing reassignment or interim suspension of the respondent from campus shall not constitute a determination that the respondent has violated this policy. Following the informal meeting, if a formal hearing on the complaint is to be held, the Dean or the Dean's designee will then proceed with an investigation of the complaint. The Dean will have access to any pertinent records regarding the alleged assault and will be afforded the opportunity to interview all persons possessing relevant information. Both the complainant and the alleged offender may submit whatever information they deem desirable.

Once the information is received by the Dean and the investigation has been completed, the complaint will be heard by the All University Judiciary Committee (AUJC). The University Counsel, acting as an officer of the University, may be present as an advisor to the AUJC. Throughout the hearing, both the complainant and the respondent will be allowed to have a person of their choice present for support. This person may be an IWU student, faculty member, or an administrative staff member; however, any support person may not address the All-University Judicial Committee.  Sexual histories of the parties will not be discussed in the hearing.

The AUJC will deliberate in executive session. The decision by the AUJC will be based on the evidence presented; however, the respondent will not be compelled to present any evidence. Obstruction of an investigation of a complaint of sexual assault or misconduct as well as retaliation against a person making a complaint of sexual assault or misconduct will be grounds for immediate disciplinary action which could result in immediate suspension from the University for the person(s) involved in obstruction, misconduct or retaliation.

At the completion of the hearing, the AUJC will submit a report to the Associate Dean of Student Affairs, which includes the findings and recommendations of the AUJC. If the findings are that sexual assault or misconduct has occurred, disciplinary action against the offender will result. Such disciplinary action shall be intended to eliminate the sexual violence, prevents its reoccurrence and address its effects.  Consequences may include, but not be limited to, probation, suspension or expulsion. Mandated counseling for the offender may also be imposed. If the findings are that the assault did not occur or that there is insufficient information to support a finding that sexual assault or misconduct occurred, the Associate Dean will meet with the complainant and endeavor to explain the reason for this finding. Consistent with established appeal procedures governing decisions rendered by the AUJC, the complainant and/or respondent has the option of appealing the decision to the Vice President and Dean of Student Affairs. It is the responsibility of the Associate Dean to ensure that sanctions imposed by the hearing board are carried out in a timely manner.

Sexual Harassment and Sexual Violence Policy