SEXUAL MISCONDUCT POLICY
Section 1: Statement of Purpose
Illinois Wesleyan University (“University” or “IWU”) is committed to creating, fostering and maintaining an educational, employment, business and campus environment that is free of discrimination on the basis of sex and all forms of sexual misconduct.
Section 2: Prohibition
IWU prohibits all acts of sexual misconduct (as defined below) and IWU does not tolerate discrimination on the basis of sex and is dedicated to prohibiting such conduct in all aspects of university life consistent with the University’s Mission Statement, Vision Statement and Strategic Plan, as well as the provisions of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Illinois Human Rights Act, and all other applicable State and Federal laws.
Section 3: Definitions
Sexual misconduct encompasses many types of prohibited conduct, including, but not limited to: sexual harassment, sexual violence (including domestic and dating violence), gender based harassment, sexual orientation harassment and sexual exploitation.
A. Sexual Harassment
Sexual harassment is a form of discrimination on the basis of sex. Sexual harassment is unwelcomed conduct of a sexual nature. Unwelcomed conduct includes conduct that an individual did not solicit or incite and that the individual regarded as undesirable or offensive. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, including but not limited to sexual activity or acts of sexual violence, when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic status; (2) submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting such individual; or (3) such conduct has the purpose or effect of: (i) substantially interfering with an individual's work performance; or creating an intimidating or hostile work environment; or (ii) denying or limiting a student’s ability to participate in or benefit from the University’s educational program, i.e. creates an intimidating or hostile environment. All such acts of sexual harassment are forms of sexual misconduct. Use of the term “sexual misconduct” throughout this policy includes sexual harassment.
B. Sexual Violence
Sexual violence refers to physical sexual acts perpetrated against an individual’s will or where an individual is incapable of giving consent (e.g. due to that individual’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the individual from having the capacity to give consent). 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 an individual at fault for sexual violence. A primary concern of the University is each individual’s safety, and as such, any other rules 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, sexual abuse, and sexual coercion. All such acts of sexual violence are forms of sexual misconduct. Use of the term “sexual misconduct” throughout this policy includes sexual violence.
C. Gender Based Harassment
Gender based harassment includes verbal, non-verbal and physical acts of aggression, intimidation, or hostility based on an individual’s gender identity or gender expression, even if those acts do not involve conduct of a sexual nature. Gender identity is a person’s internal, deeply-felt sense of being either male, female, something other, or in between. Gender expression is an individual’s characteristics and behaviors such as appearance, dress, mannerisms, speech patterns, and social interactions that are perceived as masculine or feminine. Gender based harassment will exist if an individual is harassed either for exhibiting what is perceived as a stereotypical characteristic for their sex, or for failing to conform to stereotypical notions of masculinity and femininity. All such acts of gender based harassment are forms of sexual misconduct. Use of the term “sexual misconduct” throughout this policy includes gender based harassment.
D. Sexual Orientation Harassment
Sexual orientation harassment includes verbal, non-verbal and physical acts of aggression, intimidation, or hostility based on an individual’s actual or perceived heterosexuality, homosexuality, bisexuality, or transsexuality. All such acts of sexual orientation harassment are forms of sexual misconduct. Use of the term “sexual misconduct” throughout this policy includes sexual orientation harassment.
E. Sexual Exploitation
Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that the behavior does not otherwise constitute sexual harassment, sexual violence, gender based harassment or sexual orientation harassment. Examples of sexual exploitation include, but are not limited to:
- Invasion of sexual privacy.
- Prostituting another student.
- Non-consensual video or audio-recording of sexual activity.
- Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual or non-consensual sex).
- Engaging in voyeurism.
- Knowingly transmitting an STI of HIV to another individual.
- Exposing one’s genitals in non-consensual circumstances.
- Sexually based stalking and/or bullying.
All such acts of sexual exploitation are forms of sexual misconduct. Use of the term “sexual misconduct” throughout this policy includes sexual exploitation.
Consent is informed, freely and actively given, mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity.
Section 4: Examples of Sexual Misconduct
Sexual misconduct can occur both on and off campus and take many forms. The misconduct may be subtle and indirect or blatant and overt. Such misconduct can also occur in person or via electronic, print or other media. It may consist of repeated actions or may arise from a single incident if sufficiently severe. The more severe the misconduct, the less need there is to show a repetitive series of incidents to establish a hostile environment, particularly if the conduct is physical. For example, a single instance of sexual violence (i.e. rape) is sufficiently severe to create a hostile environment.
Sexual misconduct can be carried out by university employees, other students or third parties. Sexual misconduct may occur between individuals of opposite sexes or between individuals of the same sex. Additionally, sexual misconduct may occur between individuals regardless of their actual or perceived sexual orientation or gender identity. Depending on the circumstances, which are examined from both an objective and subjective perspective, sexual misconduct may include:
- Physical assaults of a sexual nature, such as rape, sexual assault, sexual battery, and sexual coercion.
- Intentional unwelcomed physical conduct that is sexual in nature such as kissing, touching, poking, grabbing, pinching, fondling, rubbing, patting, or brushing against another individual’s body.
- Offering or implying an academic or employment related reward in exchange for sexual favors or submission to sexual conduct.
- Threatening or taking a negative academic or employment action because unwelcomed conduct of a sexual nature is rejected.
- The use or display in the classroom of materials of a sexual nature that do not serve a reasonable or legitimate educational purpose.
- Unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome.
- Gestures, displays, noises, remarks, jokes, questions, or comments about an individual that are unwelcomed and of a sexual nature.
Section 5: Awareness Education and Training
A. Dissemination of Policy
The University will widely distribute this policy to all students, staff, faculty, applicants and other relevant third parties. Additionally, the University will incorporate this policy into the Student Handbook, the Faculty Handbook, the Non-Exempt Staff Handbook, the Exempt Staff Handbook and other University publications of general distribution. The University shall also post this policy on its website. All students, faculty and staff shall be responsible for reviewing this policy.
The University will implement and provide preventative educational programs to all faculty, staff and students. Such programs shall include discussions of what constitutes sexual misconduct and sexual violence, the University’s policies and grievance procedures, and the consequences of violating these policies.
The University shall provide training to all faculty, staff, volunteers, vendors and agents who are likely to witness or receive reports of sexual misconduct. Such training shall include how to identify and report sexual misconduct.
Section 6: Title IX / Title IX Coordinator
A. Title IX
Title IX provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by the University. Title IX also provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, recruitment, consideration, or selection therefore, whether full-time or part-time, under any education program or activity operated by the University. The University acknowledges its obligations under Title IX and is committed to complying with all Title IX requirements. Any inquiries concerning the application of Title IX and its implementing regulations may be referred to the Title IX Coordinator, a Title IX Deputy Coordinator or the United States Department of Education – Office of Civil Rights (See Section 9 for contact information).
B. Title IX Coordinator
The University has designated the following individual as its Title IX Coordinator:
Frank A. Boyd Jr.
Associate Provost, Title IX Coordinator
211 Holmes Hall
Phone: (309) 556-3255
The Title IX coordinator is responsible for coordinating the University compliance with Title IX. The Title IX Coordinator’s responsibilities include overseeing all Title IX reports of sexual misconduct and identifying and addressing any patterns or systemic problems that arise during the review of such reports. To assist the Title IX Coordinator, the University has designated the following individuals as Title IX Deputy Coordinators, all of whom report directly to the Title IX Coordinator:
For reports by staff or third parties:
Catherine E. Spitz
Associate Vice President for Human Resources, Title IX Deputy Coordinator
209 Holmes Hall
Phone: (309) 556-3971
For reports by students:
Darcy L. Greder
Associate Dean of Students, Title IX Deputy Coordinator
103 Holmes Hall
Phone: (309) 556-3541
For reports by faculty:
Frank A. Boyd Jr.
Associate Provost, Title IX Coordinator
211 Holmes Hall
Phone: (309) 556-3255
All students, faculty, staff, applicants and third parties who have concerns about discrimination on the basis of sex, including any concerns pertaining to sexual misconduct, are encouraged to seek the assistance of either the Title IX Coordinator or a Title IX Deputy Coordinator. Coordinators are knowledgeable about, and will provide information on, all options for addressing and resolving such reports. Those options may vary depending on the nature of the incident; whether the complainant is a student, faculty member, staff member or applicant; the wishes of the complainant regarding confidentiality; and whether the complainant prefers to proceed formally or informally. Together, the Coordinators play an integral role in carrying out the University’s commitment to creating, fostering and maintaining an educational, employment, business and campus environment that is free of discrimination on the basis of sex as well as sexual misconduct.
Section 7: Reporting and Confidentiality
The University encourages victims (as well as witnesses) of sexual misconduct to talk to somebody about what happened – so victims can get the support they need, and so the University can respond appropriately. Different employees on campus have different abilities to maintain a victim’s confidentiality.
A. Privileged Reporting
i. Professional counselors and pastoral counselors
Professional counselors and pastoral counselors whose official responsibilities include providing mental health counseling to members of the University community are not required by Title IX to report any information regarding an incident of sexual misconduct to the Title IX coordinator or other appropriate school designee. The following individuals are the University’s professional counselor(s) and pastor counselor(s):
Elyse Nelson Winger
Jennifer Ross Barnett
ii. Non-professional counselors and advocates
There are some people who provide assistance to victims of sexual misconduct that are not professional counselors and pastoral counselors. These individuals include those who provide support to the University’s Professional counselors and pastoral counselors (“non-professional counselors or advocates”). Non-professional counselors or advocates are not required to report incidents of sexual misconduct in a way that identifies the victim without the victim’s consent. A victim can seek assistance and support from these individuals without triggering a University investigation that could reveal the victim’s identity or that the victim has disclosed the sexual misconduct incident.
While maintaining a victim’s confidentiality, these individuals should report the nature, date, time, and general location of an incident to the Title IX Coordinator. This limited report – which includes no information that would directly or indirectly identify the victim – helps keep the Title IX Coordinator informed of the general extent and nature of sexual misconduct on and off campus so the coordinator can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses. Before reporting any information to the Title IX Coordinator, these individuals will consult with the victim to ensure that no personally identifiable details are shared with the Title IX Coordinator. The following individuals are the University’s non-professional counselors or advocates:
Senior Office Coordinator
CMA Arnold Health Services
Office Coordinator II
Counseling and Consultation Services
B. Non-Privileged Reporting
i. Making reports
All students, applicants and visitors are strongly encouraged to report any incidents of sexual misconduct. All faculty, staff, volunteers, vendors and agents are required to report any incidents of sexual misconduct subject to the exemptions set forth in Section 7(A) Reports may be made orally or in writing and such reports should be made to the Title IX Coordinator or a Title IX Deputy Coordinator. Reports may also be made to any Supervisor, Department Chair or School Director, Dean, Director, Resident Director or Resident Advisor, Head Coach, Vice-President, student affairs staff member, or Security Officer. Such personnel that receive reports of sexual misconduct and responsible employees that know or reasonably should know of the occurrence of sexual misconduct are required to forward those reports, along with all relevant details about the reported sexual misconduct, to the Title IX Coordinator or a Title IX Deputy Coordinator within 24 hours of receiving such a report. If such personnel fail to forward a report of sexual misconduct then said personnel will be subject to disciplinary action.
A complainant may report sexual misconduct yet request confidentiality. If the complainant requests confidentiality or asks that the report not be pursued, the University shall take all reasonable steps to investigate and respond to the report consistent with the request for confidentiality or request not to pursue the investigation – as long as doing so does not prevent the University from fulfilling its responsibility to provide a safe and non-discriminatory environment to all individuals. Upon a request for confidentiality, the University shall inform the complainant: (i) if the University cannot ensure confidentiality; (ii) that a confidentiality request may limit the University’s ability to respond to the report, including pursuing disciplinary action against the alleged respondent; and (iii) that the University prohibits retaliation and that such retaliation is subject to disciplinary action under this policy. The University’s Title IX Coordinator is the responsible party for making determinations as to requests for confidentiality.
iii. Reports involving a minor (under the age of 17)
Notwithstanding anything herein to the contrary, all faculty and staff who become aware of or suspect that a minor (under the age of 17) has been the victim of sexual misconduct must report that information to the Title IX Coordinator or a Title IX Deputy Coordinator whom shall then inform local, state and/or federal law enforcement officials of such incident as required by law. In that event, the University shall investigate the report without regard to the request for confidentiality and shall inform local, state and/or federal law enforcement officials of such incident as required by law.
C. Support Services
Whether an individual makes a privileged report or a non-privileged report, that individual shall be entitled to the support services the University has available for all victims of sexual misconduct. If a privileged report has been made then the University’s Professional counselors and pastoral counselors; or non-professional counselors or advocates shall informed the victim of the availability of such support services and shall coordinate with the appropriate University officials to ensure such support services are provided. If a non-privileged report has been made then the University’s Title IX Coordinator or a Title IX Deputy Coordinator shall informed the victim of the availability of such support services and shall coordinate with the appropriate University officials to ensure such support services are provided.
Section 8: Investigation
Upon receipt of a report of sexual misconduct or upon notice of an incident of sexual misconduct, the University shall inform the complainant about: (i) available counseling, victim advocacy, medical, mental health, disability, legal assistance and other support services; (ii) the option to avoid contact with the respondent during the pendency of the investigation; (iii) their Title IX rights; (iv) their grievance rights; (v) their right to modification of class schedules, testing schedules, and living arrangements; and (vi) their right to report a crime to campus or local law enforcement. The University shall provide the complainant with a copy of this policy and the applicable grievance procedures identified herein.
Additionally, the University may make a preliminary, non-binding, assessment of the information contained in the report (and any supplement to the report) to determine whether that information, if true, would pose an imminent threat of immediate harm to the complainant or others. If there is an imminent threat of immediate harm then, consistent with the grievance procedures identified below, temporary measures may be imposed against the respondent to mitigate the threat during the pendency of the investigation. The need for such temporary measures shall be reevaluated on a regular basis during the pendency of the investigation to ensure the need for such temporary measures remain present. The University will provide the complainant with periodic updates on the status of such temporary measures.
Upon receipt of a report of sexual misconduct or upon notice of an incident of sexual misconduct, the University shall conduct a prompt, thorough, and impartial investigation of the incident consistent with the applicable grievance procedures identified below. If complainant and respondent are members of different constituencies (e.g. faculty, staff, students) then the investigation may proceed as a collaborative effort between the Coordinators for those respective constituencies. Such investigations shall, barring exigent circumstances, be completed within sixty (60) days. In all investigations the University shall provide the parties with a parity of protections, including taking reasonable steps to ensure that no conflict of interest exists between the fact finder/decision maker and the complainant or the respondent in a particular case. If an actual conflict or perceived conflict exists, the actual or perceived conflict shall be disclosed to the parties. Additionally, all investigations shall utilize a preponderance of the evidence standard in determining whether or not sexual misconduct occurred.
C. Grievance Procedures
The following grievance procedures shall apply when the respondent is a:
i. Faculty member
The grievance procedures for faculty members (including Adjunct Professors) can be found in the Faculty Handbook, Chapter VI (https://www.iwu.edu/provost/faculty-handbook.pdf).
ii. Staff member
The grievance procedures for non-exempt staff members can be found in the Non-Exempt Staff Handbook (https://www.iwu.edu/iwujobs/nonexempt-handbook.pdf). The grievance procedures for exempt staff members can be found in the Exempt Staff Handbook (https://www.iwu.edu/iwujobs/exempt-handbook.pdf).
Notwithstanding anything in the referenced grievance procedures to the contrary, with respect to instances involving sexual violence, the complainant shall not be required to participate in any mediation or other informal grievance procedures.
D. Outcome of Investigation
The University shall provide the complainant and respondent with written notice of the outcome of the investigation (i.e. whether sexual misconduct was found to have occurred) within seven (7) days of such a finding being made. The University shall also provide the complainant and respondent with written notice of any appeal. If the University has determined that sexual misconduct has occurred, the University shall take prompt and effective steps reasonably calculated to end the sexual misconduct, prevent its recurrence, and, as appropriate, remedy its effects. Effective remedial action may include disciplinary action against the respondent, providing counseling for the respondent, remedies for the complainant and others, as well as changes to the University’s overall services or policies. When allowed for by applicable State and Federal law, the University shall also notify the complainant of any sanction(s) imposed upon the respondent.
Section 9: Complaints to Administrative Agencies
A complainant has the right to contact the Illinois Department of Human Rights (“IDHR”), Equal Employment Opportunity Commission (“EEOC”) or the United States Department of Education – Office of Civil Rights (“OCR”) about filing a formal complaint. An IDHR complaint must be filed within one hundred eighty (180) days of the alleged incident. A complaint with the EEOC must be filed within three hundred (300) days of the alleged incident. In addition, an appeal process is available through the Illinois Human Rights Commission (“IHRC”) after the IDHR has completed its investigation of the complaint.
- Illinois Department of Human Rights (IDHR)
Chicago: 312-814-6200 or 800-662-3942
Chicago TTY: 866-740-3953
Springfield TTY: 866-740-3953
Marion TTY: 866-740-3953
- Illinois Human Rights Commission (IHRC)
Chicago TTY: 312-814-4760
Springfield TTY: 217-557-1500
- United States Equal Employment Opportunity Commission (EEOC)
Chicago TTY: 800-869-8001
- United States Department of Education – Office of Civil Rights (OCR)
400 Maryland Avenue, SW
Washington D.C., 20202-1100
Customer Service Hotline: 800-421-3481
Section 10: Retaliation
It is a violation of this policy for any person to retaliate against, interfere with, coerce, or take any other adverse action against a student, faculty member, staff member, applicant or other third party that: (i) seeks advice concerning sexual misconduct; (ii) makes a report of sexual misconduct; (iii) assists or supports another individual that makes a report of sexual misconduct; or (iv) participates as a witness or in the investigation of a sexual misconduct report. Such conduct is in violation of this policy and will be investigated and adjudicated accordingly. If you believe you have been subject to retaliation, any such incident should be reported to the Title IX Coordinator or a Title IX Deputy Coordinator.
Section 11: Malicious, False Accusations
It is a violation of this policy to make a report of sexual misconduct that is known to be false. Such conduct is in violation of this policy and will be investigated and adjudicated accordingly.
Section 12: Academic Freedom
IWU is committed to the principles of academic freedom. Vigorous discussion and debate are fundamental to the University and this policy is not intended to stifle teaching methods or infringe upon academic freedom. The protections of academic freedom must be carefully considered in all reports of sexual misconduct involving faculty. The fact that speech or a particular expression is offensive is not, standing alone, a legally sufficient basis to establish a violation of this policy. If such speech or expression takes place in the teaching context, it must also be persistent, pervasive, and not germane to the subject matter in order to be sexual misconduct under this policy. The academic setting is distinct from the workplace in that wide latitude is required for professional judgment in determining the appropriate content and presentation of academic material.
Section 13: Effective Date
This policy shall be effective as of August 1, 2014.