Sexual Misconduct Policy

Illinois Wesleyan University
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). 

The University does not tolerate discrimination, harassment (including sexual harassment), or retaliation on these bases and takes steps to ensure that students, employees, and third parties are not subject to a hostile environment in University programs or activities.

The University responds promptly and equitably to allegations of discrimination, harassment, and retaliation. It promptly conducts investigations and takes appropriate action, including disciplinary action, against individuals found to have violated its policies, as well as provides appropriate remedies to complainants and the campus community. The University is committed to taking prompt action to end a hostile environment if one has been created, prevent its recurrence, and remedy the effects of any hostile environment on affected members of the campus community.

Section 2: Prohibition

IWU prohibits all acts of sexual misconduct or sexual harassment (as defined below) and 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, the Final Rule of 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.  Such prohibition extends to admission and employment; and any inquiries about the application of Title IX may be referred to the University’s Title IX Coordinator see Section 6(B), to the Assistant Secretary of the Department of Education, or both.

The U.S. Department of Education Final Rule under Title IX of the Education Amendments Act of 1972, released on May 6, 2020  prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance.  

Section 3: Definitions

Sexual misconduct encompasses many types of prohibited conduct, including, but not limited to: sexual misconduct, sexual harassment, sexual violence (including domestic and dating violence), gender-based harassment, sexual orientation harassment and sexual exploitation.  Sexual harassment is defined below in accordance with the Final Rule. 

  1. Sexual Misconduct
    Sexual misconduct is unwelcome conduct of a sexual nature.  Unwelcome conduct includes conduct that an individual did not solicit or incite and that the individual regarded as undesirable or offensive.  Sexual misconduct 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.  IWU uses the Supreme Court’s Title VII workplace standard (severe or pervasive conduct creating a hostile work environment) to define sexual misconduct.  In accordance with the Office of Civil Rights Summary of Major Provisions of the Department of Education’s Title IX Final Rule, First Amendment concerns differ in educational environments and workplace environments, and the Title IX definition provides First Amendment protections appropriate for educational institutions where students are learning, and employees are teaching.  Students, teachers, faculty and others should enjoy free speech and academic freedom protections, even when speech or expression is offensive.

  2. Sexual Harassment
    Sexual harassment is a form of discrimination on the basis of sex. Sexual harassment is unwelcomed conduct of a sexual nature. Unwelcome 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 conduct satisfies one or more of the following: (1) an employee of IWU conditions the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct, (2) unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity, or (3) “sexual assault”  (as defined in the Clery Act, 20 U.S.C. 1092(f)(6)(A)(v)), “dating violence” (as defined in 34 U.S.C. 12291(a)(10)), “domestic violence” (as defined in 34 U.S.C. 12291(a)(8)), or“stalking” (as defined in the Violence Against Women Act (VAWA) in 34 U.S.C. 12291(a)(30)).

    Title IX applies when sexual harassment occurs in the University’s educational programs or activities, against a person in the United States.

    “Educational programs or activities,” under the regulations, include locations, events or circumstances over which the University exercises substantial control over both the respondent and the context in which the sexual harassment occurred. Title IX applies to all of the University’s education programs and activities, whether such program or activity occurs on-campus or off-campus.

    Quid pro quo harassment and Clery Act/VAWA offenses are not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access.

    The Supreme Court’s Davis definition (severe and pervasive and objectively offensive conduct, effectively denying a person equal educational access) is one of the three categories of sexual harassment.  Where unwelcome sex-based conduct consists of speech or expressive conduct, Illinois Wesleyan University must balance Title IX enforcement with respect for free speech and academic freedom.

  3. 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.

  4. 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. 

  5. 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.

  6. Sexual Exploitation
    Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for their 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:
    1. Invasion of sexual privacy.
    2. Prostituting another student.
    3. Non-consensual video or audio-recording of sexual activity.
    4. Non-consensual distribution, showing, display, or dissemination of video and/or audio recorded sexual activity (i.e. “revenge porn”). 
    5. Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual or non-consensual sex).
    6. Engaging in voyeurism.
    7. Knowingly transmitting an STD or HIV to another individual.
    8. Exposing one’s genitals in non-consensual circumstances.
    9. 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.

  7. Consent
    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.

  8. Officials with Authority
    Under the Final Rule, an official with authority is an IWU employee who has “authority to institute corrective measures” and would therefore have “actual notice” when made aware of potential policy violations.  Officials with authority at IWU include:
  • Title IX Coordinators and Deputy Coordinators
  • Associate Provost and Provost
  • Dean of Students and Assistant Dean of Students
  • Vice President of Business and Finance
  • President
  • Board of Trustees Chairperson

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:

  • Physical assaults of a sexual nature, such as rape, sexual assault, sexual battery, and sexual coercion. 
  • Intentional unwelcome 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 unwelcome 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  

  1. Dissemination of Policy
    The University will post this policy on its website (Sexual Misconduct Policy).  In addition, the University will distribute this policy to students, faculty and staff via email at the beginning of the fall and spring semesters.  

  2. Education
    The Sexual Violence Prevention Task Force (SVPTF) meets regularly throughout the year and coordinates campus-wide educational programs.  Members include: Title IX coordinators; the Dean of Students/Vice President of Student Affairs; the Associate Provost; the Assistant Vice-President of Student Affairs; the Directors of the Offices of Campus Safety, Student Involvement, Residential Life, Diversity and Inclusion, and Multifaith Engagement; the Student Senate president; and other student leaders from Fraternity and Sorority Life, the Council for Inclusion and Awareness, Pride, and FEM: Feminism Equality Matters; and other interested students, staff and faculty. 

  3. Training
    The Title IX Coordinator is provided training and certified by aTIXa. Officials with authority for the University participated in Training on Title IX Regulations in August, 2020. In addition, the Interim Associate Dean participated in an aTIXa Title IX Investigator Training. 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. Training of front line responders receives considerable attention:  All-University Judiciary Committee (AUJC) members, Campus Safety, and Residential Life staff all receive specific sexual assault prevention and response training.  Policy review is an ongoing process coordinated by Cindy Lotz, Title IX coordinator.  

Section 6: Title IX / Title IX Coordinator

  1. 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).

    On May 6, 2020 the U.S. Department of Education released its Final Rule under Title IX of the Education Amendments Act  of 1972. The University has aligned its policies with  the Final Rule.

  2. Title IX Coordinator
    The University has designated the following individual as its Title IX Coordinator:
    Cindy Lotz
    Director of Human Resources and Title IX Coordinator
    Phone: (309) 556-3536
    Email:   clotz@iwu.edu

    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.  At IWU the Title IX Coordinator has participated in Training and Certification from ATIXA.  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  [1]  :

Cindy Lotz
Director of Human Resources and Title IX Coordinator
Phone: (309) 556-3536
Email:  clotz@iwu.edu

For reports by students:

Lynda Duke
Interim Associate Dean of Students, Title IX Deputy Coordinator
103 Holmes Hall
Phone: (309) 556-3111
Email: lduke@iwu.edu

For reports by faculty:

Rebecca Roesner
Associate Provost for Academic Planning and Standards, Title IX Deputy Coordinator
211A Holmes Hall
Phone: (309) 556-3667
Email: rroesner@iwu.edu

Section 7: Reporting and Confidentiality

The University encourages complainants(as well as witnesses) of sexual misconduct to talk to somebody about what happened – so complainants can get the support they need, and so the University can respond appropriately.  Different employees on campus have different abilities to maintain a complainant’s confidentiality.  Subject to the provisions set forth below a complainant or third party bystander may make a report: electronically, anonymously, confidentially or any combination thereof.

  1. Privileged Reporting
    1. 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) and each has LGBTQ+ sensitivity training: 
      Bob Rogers
      Staff Counselor
      Magill Hall
      (309) 556-3052
      brogers@iwu.edu
      Christina Armstrong
      Staff Counselor/Outreach Coordinator
      Magill Hall
      (309) 556-3052
      camrstr1@iwu.edu
      Laura Kane
      Staff Nurse, Arnold Health Services
      Magill Hall
      (309) 556-3107
      lkane@iwu.edu
      Eda Flores-Miranda
      Staff Counselor
      Magill Hall
      (309) 556-3052
      efloresm@iwu.edu
      Jennifer Ross Barnett
      Staff Nurse, Arnold Health Services
      Magill Hall
      (309) 556-3107
      jrossbar@iwu.edu
      Alya Abbed
      Staff Counselor
      Magill Hall
      (309) 556-3052
      aabbed@iwu.edu
      Victoria Folse
      Interim Executive Director, Counseling & Health Services
      (309) 556-3062
      vfolse@iwu.edu
       
    2. Non-professional counselors and advocates

      There are some people who provide assistance to complainant’s 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 complainant without the complainant’s consent.  A complainant can seek assistance and support from these individuals without triggering a University investigation that could reveal the complainant’s identity or that the complainant has disclosed the sexual misconduct incident. 

      While maintaining a complainant’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 complainant – 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 complainant 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:

      Teresa Beard
      Senior Office Coordinator
      Magill Hall Counseling and Consultation Services
      309-556-3052
      Email:   tbeard@iwu.edu
  2. Non-Privileged Reporting
    1. 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 Officials with Authority (see Section 3(G) for definition).    Any other personnel that receive reports of sexual harassment 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 harassment then said personnel will be subject to disciplinary action. 
    2. Confidentiality
      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 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.
    3. 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 complainant  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.
  3. Supportive Measures
    Whether an individual makes a privileged report or a non-privileged report, both the complainant and the respondent  shall be entitled to the supportive measures that are designed to restore or preserve equal access to the University’s educational programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or deter sexual harassment.  If a privileged report has been made then the University’s professional counselors and pastoral counselors; or non-professional counselors or advocates shall inform the reporter of the availability of such supportive measures and shall coordinate with the appropriate University officials to ensure such supportive measures are provided.  If a non-privileged report has been made then the University’s Title IX Coordinator or a Title IX Deputy Coordinator shall inform the complainant of the availability of such supportive measures and shall coordinate with the appropriate University officials to ensure such supportive measures are provided to both parties. Supportive measures may include, but are not limited to: referral to counseling, medical, and/or other health services; altering campus housing assignments; altering work arrangements for employees (student, faculty, and staff); safety planning; implementing mutual contact limitations between parties; academic support or other program-related adjustments; class schedule modifications; withdrawals or leaves of absence (for example, student financial aid counseling or visa and immigration assistance); and transportation accommodations.

Section 8: Investigation

  1. Preliminary Inquiry
    Within twelve (12) hours of receiving a report of sexual harassment or upon an Official with Authority having actual knowledge (as that term is defined in 34 CFR 106.30(a))  of sexual harassment or allegations of sexual harassment, the University shall inform the complainant about: (i) supportive measures (See Section 7(C)); ii. (ii) their Title IX rights; (iii) their rights under the Illinois Preventing Sexual Violence in Higher Education Act; (iv) their grievance rights;  (v) their right to report a crime to campus or local law enforcement; and (vi) 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.

    If the Title IX Director or Deputy Director finds the incident meets the definition of harassment, next they will assess if (1) the sexual harassment occurred in a University program or activity, and (2) against a person in the United States.  If these conditions are met the complainant may choose to file a formal, written complaint. 

  2. Investigation
    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.  If extenuating circumstances result in a temporary delay or require a limited extension of the investigation for good cause, written notice will be provided to the parties.  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; collecting evidence, proving a violation of policy 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.

  3. Grievance Procedures
    The following grievance procedures shall apply when the respondent is a: 
    1. 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 )

    2. Staff member
      The grievance procedures for staff members will be outlined in the Staff Handbook.

    3. Student
      The grievance procedures for students can be found in the judicial process outlined under the Student Rights and Responsibilities section of the Student Handbook. 

      Notwithstanding anything in the referenced grievance procedures to the contrary:
      1. Upon receipt of a formal report, the parties will be provided with written notice of the allegations, including:
        1. Notice of the applicable policies and procedures
        2. Notice of the details of the allegations, including:
          1. The identities of the parties involved (if known).
          2. The specific section(s) of the policy alleged to have been violated.
          3. The conduct that would be considered sexual harassment.
          4. The date of the incident.
          5. The location of the incident.
        3. A statement that the responding party is presumed to be “not responsible” for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process. 
        4. A statement that informs the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney.
        5. A statement that parties may request to see and review evidence collected in an investigation.

          A statement reminding the parties that this Policy prohibits false statements (See Section 13).  A statement that remedies, if any, will be designed to restore or preserve equal access to the University’s educational programs and/or activities.
      2. The grievance process will require an objective evaluation of all evidence, using the preponderance of the evidence standard, that includes both inculpatory and exculpatory evidence; and credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

      3. The grievance process will be free of conflicts of interest and bias for or against complainants or respondents; and all decision makers in the grievance process will have received the requisite training as required under 34 CFR 106.45 (iii); and the decision maker(s) will not be the Title IX Coordinator or the investigator.

      4. The timeframe for completing the grievance process may be temporarily delayed or extended for good cause.

      5. Not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

      6. 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 have ten (10) days to respond to an investigative report in writing in advance of the decision of responsibility and/or at a live hearing to decide responsibility. The burden of collecting evidence and proving a violation of policy is on the University, not the parties.

      7. At the live hearing, the University must permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.  Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally, notwithstanding the discretion of the University under 34 CFR 106.45(b)(5)(iv) to otherwise restrict the extent to which advisors may participate in the proceedings.  Before a complainant, respondent, or witness answers a cross-examination or other question, the decision-maker(s) must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

      8. There are no restrictions on the ability of any party to discuss the allegations or gather and present relevant evidence, including presentation of expert witnesses.

      9. The complainant 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 their designee.

      10. 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.

      11. The complainant and the respondent shall, at a minimum, have the right to timely appeal the determination by the decision-maker(s) if the party alleges (i) procedural irregularity that affected the outcome of the matter; (ii) new evidence that was not reasonably available at the time the determination regarding responsibility was made, that could affect the outcome of the matter; (iii) the Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants, respondents generally or the individual complainant or respondent that affected the outcome of the matter; or (iv) 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.  Each party shall have a reasonable and equal opportunity to submit a written statement in support of, or challenging, the outcome. 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 seven (7) days after the conclusion of the appeal review of findings or sanctions or sooner if required by federal or State law.
  4. Outcome of Investigation
    The University shall provide the complainant and respondent with written notice of the outcome of the investigation (i.e. whether sexual harassment was found to have occurred) within seven (7) days of such a finding being made.  The written notice shall include:  (i) identification of the allegations potentially constituting sexual harassment; (ii) a description of the procedural steps taken by the University from receipt of the formal complaint through determination; (iii) findings of fact supporting the determination; (iv) conclusion regarding the application of the Policy to the facts; (v) a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the University imposes on the respondent, and whether remedies designed to restore or preserve equal access to the University’s education program or activity will be provided by the University to the complainant; (vi) the University’s procedures and permissible bases for the complainant and respondent to appeal.  The University shall also provide the complainant and respondent with written notice of any appeal.

    Possible 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. 

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. 

Administrative Contacts 

  • Illinois Department of Human Rights (IDHR) 

Chicago: 312-814-6200 or 800-662-3942 

Chicago TTY: 866-740-3953 

Springfield: 217-785-5100 Springfield TTY: 866-740-3953 

Marion: 618-993-7462 Marion TTY: 866-740-3953  

  • Illinois Human Rights Commission (IHRC) 

Chicago: 312-814-6269 Chicago TTY: 312-814-4760 

Springfield: 217-785-4350 Springfield TTY: 217-557-1500 

  • United States Equal Employment Opportunity Commission (EEOC) 

Chicago: 800-669-4000 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 Facsimile: 202-453-6012

TDD: 877-521-2172

Section 10: Important Contact Information

In addition to all other contact information provided throughout this policy, a complainant and/or reporter  may also contact the following:

Illinois Wesleyan Campus Safety
104 East University Avenue
Bloomington, Illinois 61701
Phone: (309) 556-1111
Email:   security@iwu.edu 
www.iwu.edu

Bloomington Police Department
305 S. East Street
Bloomington, Illinois 61701
Phone: (309) 820-8888
www.cityblm.org

Community Based Sexual Assault Crisis Center
Stepping Stones (309) 662-0461
https://www.ywcamclean.org/what-we-do/prevention-and-empowerment-services/stepping-stones

State Based Sexual Assault Crisis Center  
Illinois Coalition Against Sexual Assault
Phone: (217) 753-4117

National Based Sexual Assault Crisis Center
RAINN
Phone: (800) 656-4673

Nearest Medical Facility   [3]
CarleBromenn Medical Center
1304 Franklin Avenue, Normal IL
(309) 454-1400

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 complainant 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-reporter or student-third 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 intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy.  Intimidation, threats, coercion, or discrimination, including charges against an individual for sexual misconduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this policy, constitutes retaliation.   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 August 14, 2020 

[1] If you email one of the identified individuals and receive an automated away message (i.e. out of the office or away on vacation), then you should email one of the other identified individuals.

[2] If you email one of the identified individuals and receive an automated away message (i.e. out of the office or away on vacation), then you should email one of the other identified individuals.

[3]  A complainant of Sexual Violence may have a medical forensic examination completed at no cost to the complainant at the above named medical facility pursuant to the Sexual Assault Survivors Emergency Treatment Act.   

[4]  A complainant of Sexual Violence may have a medical forensic examination completed at no cost to the complainant at the above named medical facility pursuant to the Sexual Assault Survivors Emergency Treatment Act.