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, gender and all forms of sexual misconduct (as defined below).
Section 2: Prohibition
IWU prohibits all acts of sexual misconduct (as defined below) and IWU does not tolerate discrimination on the basis of sex or gender 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, the Illinois Preventing Sexual Violence in Higher Education 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. A number of different acts fall into the category of sexual violence, including: rape, sexual assault, sexual battery, sexual abuse, sexual coercion, domestic violence and dating violence. 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 agender, woman, man, transgender or something else on or beyond the gender spectrum. 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 conforming or failing to conform to stereotypical notions of their perceived gender. 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 sexuality, including but not limited to: asexuality, bisexuality, homosexuality, heterosexuality or something else on or beyond the sexuality spectrum. 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:
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. The following factors should be considered by a person in determining whether another person has given consent: (i) consent is a freely given agreement to sexual activity, (ii) a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent, (iii) a person's manner of dress does not constitute consent, (iv) a person's consent to past sexual activity does not constitute consent to future sexual activity, (v) a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another, (vi) a person can withdraw consent at any time, and (vii) a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances, including without limitation the following: (a) the person is incapacitated due to the use or influence of alcohol or drugs; (b) the person is asleep or unconscious; (c) the person is under age; or (d) the person is incapacitated due to a mental disability.
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 differing, similar or identical sexual orientations and/or gender identities. 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:
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).
The interpretation guidance provided by the Department of Education Office for Civil Rights and other federal agencies, beginning with the April 4, 2011, Dear Colleague Letter, have interpreted the statutory and regulatory provisions of Title IX to include protections against gender and sexual orientation discrimination. The University has aligned its policies with those interpretations
B. Title IX Coordinator
The University has designated the following individual as its Title IX Coordinator:
Darcy L. Greder
Associate Dean of Students, Interim Title IX Coordinator
103 Holmes Hall
Phone: (309) 556-3541
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  :
Darcy L. Greder
Associate Dean of Students, Interim Title IX Coordinator
103 Holmes Hall
Phone: (309) 556-3541
For reports by students:
Darcy L. Greder
Associate Dean of Students, Interim Title IX Coordinator
103 Holmes Hall
Phone: (309) 556-3541
For reports by faculty:
Associate Provost, Title IX Deputy Coordinator
211 Holmes Hall
Phone: (309) 556-3220
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. Subject to the provisions set forth below a complainant, victim or third party bystander may make a report: electronically, anonymously, confidentially or any combination thereof.
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)  and each has LGBTQ+ sensitivity training:
Elyse Nelson Winger
Evelyn Chapel Main Office
Assistant Vice President/Executive Director of Counseling and Health Services
Mental Health Counselor
Staff Counselor/Outreach Coordinator
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:
Administrative Specialist IV
Magill Hall Counseling and Consultation Services
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.
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.
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
Within twelve (12) hours of receiving 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 rights under the Illinois Preventing Sexual Violence in Higher Education Act; (v) their grievance rights; (vi) their right to modification of academic, living, dining, transportation, and working situations; (vii) their right to report a crime to campus or local law enforcement; and (viii) the University’s obligation to honor an order of protection or no contact order entered by a State civil or criminal court. 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. Such investigation shall include without limitation (i) assisting and interviewing the complainant, (ii) identifying and locating witnesses, (iii) contacting and interviewing the respondent, (iv) contacting and cooperating with law enforcement, when applicable, and (v) providing information regarding the importance of preserving physical evidence of the sexual violence and the availability of a medical forensic examination at no charge to the survivor.
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 and such burden of proof should be on the University.
Upon deciding to open an investigation the University shall notify the respondent of: (i) the identity of the parties; (ii) the specific section of the Sexual Misconduct Policy alleged to have been violated; (iii) the precise conduct that is alleged to constitute a violation, including the date and location of the incident(s).
Prior to initiating the investigation, and consistent with any request for confidentiality, the University shall provide notice to the complainant and the respondent of the University representative that will be responsible for conducting the investigation, making factual findings, and, if warranted, imposing disciplinary sanctions. Both the complainant and respondent shall have the opportunity to request a substitution of the identified University representative if such University representative’s participation would pose a conflict of interest.
C. Grievance Procedures
The following grievance procedures shall apply when the respondent is a:
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/human-resources/NonExemptHandbook/Nonexempt_Staff_Handbook_.1-12-12.pdf). The grievance procedures for exempt staff members can be found in the Exempt Staff Handbook.
Notwithstanding anything in the referenced grievance procedures to the contrary:
(a) The complainant and respondent shall have the opportunity to provide or present evidence and witnesses on their behalf during the complaint resolution procedure. Such opportunity shall include the right to respond to an investigative report in writing in advance of the decision of responsibility and/or at a live hearing to decide responsibility.
(b) The complainant and respondent may not directly cross examine one another, but may, at the discretion and direction of the University representative(s) resolving the complaint, may, in writing, submit suggested questions to be posed by the University representative(s).
(c) The complaint and respondent may request to have an advisor of their choice accompany them to any meeting or proceeding related to an alleged violation of the Sexual Misconduct Policy, provided that the involvement of the advisor does not result in undue delay of the meeting or proceeding. The advisor must comply with any written University rule or policy regarding the advisor's role. If the advisor violates the rules or engages in behavior or advocacy that harasses, abuses, or intimidates either party, a witness, or the University representative(s) resolving the complaint, that advisor may be prohibited from further participation, as determined by the Title IX Coordinator or his/her designee.
(d) The complainant and the respondent may not be compelled to testify, if the complaint resolution procedure involves a hearing, in the presence of the other party. If a party invokes this right, the University shall provide a procedure by which each party can, at a minimum, hear the other party's testimony.
(e) The complainant and the respondent shall, at a minimum, have the right to timely appeal the complaint resolution procedure's findings or imposed sanctions if the party alleges (i) a procedural error occurred, (ii) new information exists that would substantially change the outcome of the finding, or (iii) the sanction is disproportionate with the violation. Such an appeal shall be made and delivered to the Title IX Coordinator within seven (7) days of the party receiving notice of the complaint resolution procedure's findings or imposed sanctions. The individual or individuals deciding the appeal review of the findings or imposed sanctions shall not have participated previously in the complaint resolution procedure and shall not have a conflict of interest with either party. The complainant and the respondent shall receive the appeal decision in writing within 7 days after the conclusion of the appeal review of findings or sanctions or sooner if required by federal or State law.
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. Disciplinary action against a respondent can include without limitation: (i) modification of academic, living, dining, transportation, and working situations; (ii) no-contact orders from the University; (iii) temporary suspension; and/or (iv) removal or dismissal from the University. 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.
Chicago: 312-814-6200 or 800-662-3942
Chicago TTY: 866-740-3953
Springfield TTY: 866-740-3953
Marion TTY: 866-740-3953
Chicago TTY: 312-814-4760
Springfield TTY: 217-557-1500
Chicago TTY: 800-869-8001
400 Maryland Avenue, SW
Washington D.C., 20202-1100
Customer Service Hotline: 800-421-3481
Section 10: Important Contact Information
In addition to all other contact information provided throughout this policy, a complainant and/or victim may also contact the following:
Illinois Wesleyan Campus Security
110 East Graham Street
Bloomington, Illinois 61702
Phone: (309) 556-1111
Bloomington Police Department
305 S. East Street
Bloomington, Illinois 61701
Phone: (309) 820-8888
Community Based Sexual Assault Crisis Center
State Based Sexual Assault Crisis Center
Illinois Coalition Against Sexual Assault
National Based Sexual Assault Crisis Center
Nearest Medical Facility 
Advocate Bromenn Medical Center
1304 Franklin Avenue, Normal IL
Section 11: Amnesty
With respect to any instances of sexual misconduct that involve the use of drugs or alcohol, it is the University’s position that the use of drugs or alcohol never makes a victim at fault for such sexual misconduct. A primary concern of the University is each individual’s safety, and as such, the University shall grant immunity to any student-victim or student-thirty party bystander who reports, in good faith, an alleged violation of this Sexual Misconduct Policy to those University representatives identified in Sections 6 or 7 of this Policy, so that the reporting student will not receive a disciplinary sanction by the University for a student conduct violation, such as underage drinking, that is revealed in the course of such a report, unless the University determines that the violation was egregious, including without limitation an action that places the health or safety of any other person at risk.
Section 12: 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 13: 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 14: 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 15: Effective Date
This policy shall be effective as of September 21, 2018.