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To prevent discrimination on the basis of Gender or sex, UIS ensures access to equitable educational opportunities and program participation. No one is, on the basis of Gender, sex, or actual or perceived sexual orientation or gender identity, excluded from participation in, denied the benefits of, or subjected to discrimination under any UIS education program or activity. UIS is committed to providing and preserving an educational and work environment free from all forms of Gender and sex discrimination, including Title IX Sexual Harassment and other Sexual Misconduct.

Any person may report an alleged or suspected violation of this policy. For the definitions of key terms used in this policy, see Appendix A. Defined terms used in this policy begin with capital letters. A copy of this policy will be provided to anyone upon request. UIS provides annual sex and Gender discrimination and Sexual Misconduct prevention and awareness training for all students who attend one or more classes on a UIS campus.

The content of this training is described in more detail at Appendix B. UIS also ensures those individuals whose duties include resolution of complaints of student violations of this policy receive at least eight additional hours of annual training regarding issues related to Title IX Sexual Harassment and the UIS complaint resolution procedures. Confidential Advisors at the UIS Counseling Center provide emergency and ongoing support to student members of the campus community who report being victims of Sexual Misconduct.

The Counseling Center also makes professional counseling services available to those students accused of committing Sexual Misconduct. Such a report may be made at any time including during non-business hours by using the telephone or address, or by mail to the office address, listed for the Title IX Coordinator. Reports may also be submitted online, either confidentially, to the extent permitted by law, or anonymously.

In addition to notifying the Title IX Coordinator, persons believing they are the victim of Sexual Violence, Dating Violence, Domestic Violence, or Stalking, or who have information about the commission of such offenses, are encouraged to inform the UIS police or local police. For a more complete discussion of reporting options and actions, see Appendix D. For other incidents involving alleged inequitable treatment on the basis of sex, contact the Title IX Coordinator.

The Title IX Coordinator provides persons reporting as victims of Sexual Misconduct with their rights and options in writing concerning reporting the allegations, relevant contact information, available assistance, Supportive Measures, accommodations, and complaint resolution procedures. All other UIS employees, including student housing resident advisors but excluding all other undergraduate and graduate student employees, are considered Responsible Employees.

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For a more complete discussion of Responsible Employee duties and responsibilities, see Appendix E. Responsible Employees who witness or learn about alleged Sexual Misconduct and who fail to report such conduct in a timely manner may be subject to disciplinary action, up to and including termination of employment.

Accordingly, UIS provides anyone reporting safety concerns, including Complainants and Respondents, with written notice regarding how to request Supportive Measures, such as changes to on-campus academic, living, transportation, and working situations. A non-exclusive list of Supportive Measures is found in Appendix F. Supportive Measures are available whether or not a complaint is filed. Any such removal will be based upon an individualized safety and risk analysis that determines the Respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Misconduct justifying removal.

Immediately after the removal, UIS will provide the Respondent with notice and an opportunity to challenge the decision. Subject to applicable laws, regulations and policies, UIS may place Respondent on administrative leave during the pendency of the applicable grievance process.

The Title IX Coordinator and all UIS administrators, supervisors, Responsible Employees, and others engaged in the administration or execution of this policy, keep confidential the identity of any individual who has made a report of Sexual Misconduct, any Complainant, any Respondent, and any witness, except as may be permitted by the Family Educational Rights and Privacy Act FERPA and its implementing regulations, or as required by law, or to carry out the purposes of this policy, including but not limited to the conduct of any investigation, hearing, or judicial proceeding arising thereunder.

Although UIS does not restrict the ability of any party to discuss any Sexual Misconduct allegations under investigation or to gather and present relevant evidence, UIS requests those involved in the complaint resolution process to respect confidentiality, particularly when confidentiality is required to protect witnesses, prevent evidence from being destroyed, avert a threat that subsequent testimony would be fabricated, or prevent a cover-up.

Nothing in this policy overrides provisions in applicable state or federal law, University of Illinois or UIS governing documents, collective bargaining agreements, or other contractual obligations of the University of Illinois or UIS. Please contact Human Resources for additional information and assistance. Persons conducting functions pursuant to this policy, including but not limited to the Title IX Coordinator, Investigators, decision-makers, or anyone deated to facilitate an informal resolution process, must be free from conflicts of interest and bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

UIS officials with a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent must recuse themselves from taking any part in the Formal Complaint resolution process and notify the appropriate UIS or University of Illinois official so that a substitute can be deated. Either party concerned that an official with authority to make a finding or impose a sanction might have a conflict of interest or bias may request, in writing, a substitution of that official.

For additional information on how certain conflicts of interest are resolved, see Appendix G. All University students and employees have a duty to cooperate with investigations under this policy and provide truthful information. This does not require the disclosure of information protected under a legally recognized privilege unless such privilege has been waived. Knowingly making false statements or knowingly submitting false information during the hearing process may result in discipline.

A determination of responsibility, alone, is not sufficient to conclude that false information was intentionally provided. UIS takes immediate and appropriate steps to investigate allegations of Retaliation and protects the Complainant, as necessary.

The reporting party can use the complaint resolution mechanisms specified in this policy to allege Retaliation. Individuals believing they have experienced discrimination on the basis of Gender or sex at UIS have the right to initiate a complaint with an appropriate state or federal agency. For more information, see Appendix H. Representatives from community-based organizations and local law enforcement are also invited to participate.

The task force works toward improving UIS coordination with community leaders and service providers to prevent Sexual Misconduct and to facilitate a coordinated response both in terms of law enforcement and victim services. UIS makes appropriate training available to task force members. UIS provides no later than November 1st of each year a report concerning the immediately preceding calendar year to the Illinois Department of Human Rights and the Attorney General with all of the components required by Section 9. Conduct prohibited by Title IX and addressed by this part may violate other laws and policies, depending on context and circumstances, e.

If the regulations implementing Title IX at 85 Fed. After learning of their options and getting answers to any questions they may have, Complainants decide whether to file a Formal Complaint. If they choose not to file a Formal Complaint or if they are not eligible to do so, the Title IX Coordinator will still discuss with them available Supportive Measures. UIS is committed to resolving complaints in a reasonably prompt timeframe. UIS strives to conclude the grievance process within calendar days of complaint filing.

UIS permits the temporary delay of the grievance process or limited extensions of time for good cause with written notice to the Complainant and Respondent of the delay or extension and reasons for the action. Formal Complaints submitted by Complainants must be ed, either physically or digitally, or otherwise indicate that the Complainant is the person filing the Formal Complaint.

In such cases, the Title IX Coordinator is not considered a Complainant or otherwise a party to the complaint and all requirements under this policy continue to apply. Formal Complaints that are not dismissed either by the Title IX Coordinator or on appeal are investigated by a trained Investigator. Investigations are conducted in a prompt, thorough, fair and impartial manner. The burden of gathering evidence sufficient to reach a Determination Regarding Responsibility on the allegations rests with UIS, which uses the Investigator to collect evidence for the investigation and prepare a Report of Investigation.

UIS coordinates with law enforcement investigations and shares information to the extent permitted by law and as appropriate. UIS reserves the right to commence and complete its own investigation prior to the completion of any criminal investigation or criminal proceeding. Depending upon the circumstances, the Complainant may desire to seek an informal resolution of the allegations of Title IX Sexual Harassment.

Title IX informal complaint resolution is not available unless the Complainant has already filed a Formal Complaint. Participation in Title IX informal complaint resolution is completely voluntary on the part of all parties and any party has the right to withdraw from the informal resolution process and the grievance process with respect to the formal complaint.

Title IX informal complaint resolution is not an option in cases where an employee is alleged to have engaged in Title IX Sexual Harassment against a student. Unless the parties voluntarily agree to resolve a Formal Complaint using a Title IX informal complaint resolution process, all Formal Complaints are resolved through a live hearing which allows both parties to participate equally.

For student Respondents, the Office of the Dean of Students initiates the hearing process by forwarding the Report of Investigation, together with any written responses submitted by the parties, to the Chair of the Executive Panel for a proceeding under the Student Conduct Code.

Upon completion of the grievance process, a written Determination Regarding Responsibility will be issued. In the case of student Respondents, the Dean of Students reviews the Report of Investigation and the Determination Regarding Responsibility to determine if there is evidence of other Student Conduct Code violations. If there is evidence of non-Title IX violations, the disciplinary procedures applicable to those alleged violations are followed.

If UIS does not provide a Complainant with Supportive Measures, UIS will document the reasons why such a response was not clearly unreasonable in light of the known circumstances. With the exception of training material posted on the UIS Title IX web, all records are confidential and are made available to persons outside of the process only as required or permitted by law. Parties may appeal only on the following grounds:.

Both parties retain any rights to file a complaint with an appropriate state or federal agency or the courts in accordance with applicable law. Part C addresses Sexual Misconduct under University of Illinois policies and state or federal laws other than Title IX of the Education Amendments of and its implementing regulations. UIS is committed to the prompt and equitable resolution of all allegations of Sexual Misconduct.

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When UIS becomes aware of an allegation of Sexual Misconduct, UIS takes immediate and appropriate steps to investigate or otherwise determine what occurred subject to confidentiality rules. If the evidence establishes that the alleged Sexual Misconduct occurred, UIS takes action reasonably calculated to end the misconduct, prevent its recurrence, and, as appropriate, remedy its effects. UIS is nonetheless committed to investigating alleged Sexual Misconduct to the fullest extent possible. UIS coordinates with law enforcement investigations and shares information to the extent permitted and as appropriate.

Issues or concerns may arise or be reported by the Complainant or others that, in the judgment of the Title IX Coordinator, do not rise to the level of a violation of this policy. In such situations, the Complainant may prefer to seek an informal resolution of the issues or concerns. For more information on the informal resolution process, see Appendix N. Any person may submit a complaint alleging Sexual Misconduct. Complaints are submitted in person or in writing to the Title IX Coordinator. Complaints covered by this part must be submitted within calendar days of the occurrence of the matter being complained about.

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Complaints submitted outside this timeline are normally not investigated unless the Title IX Coordinator determines there is an ongoing risk to the safety of the UIS community, although Supportive Measures are generally available for current students and employees without regard to when the matter being reported occurred. For more information on the complaint resolution process, see Appendix O. If a formal investigation is initiated, it is conducted in a prompt, thorough, fair and impartial manner by a trained Investigator, who may be the Title IX Coordinator.

The burden of gathering evidence sufficient to reach a determination regarding the allegations rests with the Investigator, who collects evidence for the investigation and prepares a Report of Investigation. For more information on the investigation of complaints and the Report of Investigation, see Appendix P.

For student Respondents, the Office of the Dean of Students receives the Report of Investigation, together with any written responses submitted by the parties, and addresses the complaint under the applicable hearing procedures of the Student Conduct Code. For employee Respondents, the Title IX Coordinator reviews the Report of Investigation, together with any written responses submitted by the parties, and prepares a written determination regarding whether the Respondent committed the alleged Sexual Misconduct and, if so, recommends appropriate corrective options.

The standard for determining whether the alleged Sexual Misconduct occurred in both student and employee Respondent cases is whether it is more likely than not, based on the evidence, that the Respondent committed the Sexual Misconduct as alleged. Complainants and Respondents may appeal the complaint outcome. See Appendix R. Campus Security Authority.

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If such an official is a pastoral or professional counselor, the official is not considered a campus security authority when acting as a pastoral or professional counselor. A person alleging a violation of this policy. If the alleged violation involves Title IX, the Complainant must be the individual who is alleged to be the victim of conduct that could constitute Title IX Sexual Harassment. Confidential Advisors. Professional counselors available at the UIS Counseling Center or off-campus who provide emergency and ongoing support, help find needed resources, and talk with students about reporting Sexual Misconduct.

Confidential Advisors are not considered Responsible Employees.

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All communications between a Confidential Advisor and a survivor of Sexual Violence pertaining to an incident of Sexual Violence are confidential, unless the student victim consents to the disclosure in writing, the disclosure falls within a statutory exception, or failure to disclose the communication would violate state or federal law.

Consent means freely given words or actions that indicate an agreement to participate in sexual activity.

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A person can withdraw consent at any time.

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