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Non-Discrimination and Non-Harassment Policy

Policy 2.27

It is the policy of Elmhurst College (the College) to afford equal opportunity to and not discriminate against students, employees and applicants regardless of race, color, national origin, religion, sex, gender identity, sexual orientation, age, disability, citizenship, veteran status, pregnancy, marital status or other protected status as those terms are defined by applicable federal, state and local law.

The College believes that all employees and students should be able to work and learn in an educational environment free from discrimination and harassment. Harassment includes unwelcome conduct, whether verbal, physical, written or graphic, that is based on protected status such as race, color, national origin, religion, sex, gender identity, sexual orientation, age, disability, citizenship, veteran’s status, pregnancy, marital status or other protected status.

The College does not discriminate and will not tolerate discrimination against any member of its community that is based on protected status. Nor will it tolerate harassing conduct that affects tangible job or educational benefits or that interferes unreasonably with an individual’s work or academic performance or that creates an intimidating, hostile or offensive working, educational or learning environment. Such conduct shall be considered discriminatory harassment and is specifically prohibited by this policy.

The College is committed to addressing sexual assault, sexual violence, and other sexual misconduct, which are types of sexual harassment and are  specifically prohibited by this policy. Domestic violence, dating violence, sexual exploitation, stalking, retaliation, and intimidation are also prohibited by this policy.

This policy applies to all College employees, students, vendors and affiliated persons, regardless of sexual orientation or gender identity, and regardless of whether the alleged violations occurred on- or off-campus. Any employee, student, vendor or affiliated person who engages in prohibited discrimination or harassment will be subject to disciplinary action up to and including permanent exclusion from the College or termination in the case of employees.

Examples of conduct that may violate this policy are:

  • Verbal abuse, slurs, derogatory comments or insults about, directed at or made in the presence of an individual or group based on a protected status.
  • Display or circulation of written materials or pictures that are degrading, based on protected status.
  • Damage to, trespass to or unauthorized use of property, such as spraying or scratching of a motor vehicle, damage or theft of property, based upon protected status.
  • Physical contact or verbal threats based upon the protected status.

Conduct of this sort is prohibited by this policy without regard to whether the conduct would violate applicable law.

Retaliation and Intimidation
Retaliation is a very serious violation of this policy and should be reported immediately to any of the persons listed in this policy. Retaliation exists when action is taken against a complainant or participant in the complaint process that (i) adversely affects the individual’s opportunity to benefit from the College’s programs or activities; and (ii) is motivated in whole or in part by the individual’s participation in the complaint process. Retaliation against any individual for reporting discrimination or harassment will not be tolerated and will be treated as a separate and independent violation of this policy. Intimidation of any individual undertaken to prevent reporting of violations or cooperating with investigations is also prohibited under this policy. Each alleged or suspected violation will be investigated using the procedure set forth above. Individuals who are not themselves complainants, but who assist in a discrimination or harassment investigation, are also protected from retaliation and intimidation under this policy.

The sections that follow include additional information regarding the College’s (a) prohibition against sex discrimination (including sexual harassment, sexual assault, sexual violence and other sexual misconduct), (b) policy regarding consensual amorous relationships, (c) prohibition against disability discrimination and (d) reporting, investigation and grievance procedures.

a. Prohibition Against Sex Discrimination (including Sexual Harassment, Sexual Assault, Sexual Violence and Other Sexual Misconduct)
This section supplements the general policy statement set forth above and includes information that addresses the requirements of Title IX of the Education Amendments of 1972 (“Title IX”).

Title IX and Title IX Coordinator
Title IX is a federal law that prohibits sex discrimination in federally funded education programs and activities. Title IX states as follows:

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

Discrimination on the basis of sex (i.e., sex discrimination) includes sexual harassment, sexual assault and sexual violence. As noted above, it is the policy of the College to provide an educational environment free of all forms of sex discrimination, including but not limited to unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communications constituting sexual harassment, as defined in this policy and as otherwise prohibited by state and federal statutes. Sexual harassment, including acts of sexual assault and sexual violence, is a form of sex discrimination and is prohibited at the school. This prohibition against discrimination on the basis of sex applies to all students, faculty and staff, to other members of the College community, and to contractors, consultants and vendors doing business or providing services to the school.

The Title IX Coordinator is responsible for implementing and monitoring Title IX compliance on behalf of Elmhurst College. This includes coordination of training, education, communications and administration of the complaint and grievance procedures for the handling of suspected or alleged violations of this policy. Any inquiries regarding Title IX or the College’s Prohibition Against Sex Discrimination should be directed to the College’s Title IX Coordinator. The College’s Title IX Coordinator will be available to meet with or talk to students regarding issues relating to Title IX and the College’s Prohibition Against Sex Discrimination.

The Title IX Coordinator for the College is:

Lynita Gebhardt
Director of Human Resources
Lehmann Hall, Elmhurst College
190 Prospect Avenue
Elmhurst, IL 60126
(630) 617-3020
lynita.gebhardt@elmhurst.edu

If you have a concern that your rights are being violated (whether student, faculty or staff), you should follow the College’s existing guidelines as described in the E-Book (for students), Faculty Manual (for faculty) or the Employee Handbook (for all employees of the College). If you are not sure who to go to or believe you have a complaint that falls under Title IX, you may reach out directly to the Title IX Coordinator. If the complaint relates to the Title IX Coordinator, you may contact the Vice President for Finance & Administration. In addition to contacting the Title IX Coordinator or Vice President for Finance & Administration, in instances of alleged or suspected sexual assault, sexual violence, dating violence, domestic violence, stalking or other potentially criminal conduct, you may contact Campus Security at (630) 617-3000 or the local police by calling 911. Additional information and resources regarding these issues is available on the Campus Security website.

Sexual Harassment
Sexual harassment deserves special mention. Sexual harassment, which includes sexual assault and sexual violence, is a type of sex discrimination prohibited by Title IX that may take many forms. Sexual harassment includes unwelcome sexual advances, requests for sexual favors and/or other physical, verbal or visual conduct based on sex when:

  • Submission to such conduct is, either explicitly or implicitly, made a term or condition of an individual’s employment or a student’s status in a course, program or activity; or
  • Submission to or rejection of such conduct by an employee or student is used as the basis for employment or academic decisions; or
  • The conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or a student’s academic performance or creating an intimidating, hostile or offensive employment, educational or living environment.

In determining whether a hostile environment based on sex exists in the educational setting, the College will consider whether there was harassing conduct based on sex that was sufficiently serious—that is, sufficiently severe or pervasive—to deny or limit a student’s ability to participate in or benefit from the College’s program.

With regard to students, this policy is intended to prohibit sex discrimination or sexual harassment as a basis for determination on issues including: (1) admissions; (2) educational performance required or expected of a student; (3) attendance or assignment requirements; (4) to what courses, fields of study or programs the student will be admitted; (5) what placement or proficiency requirements are applicable; (6) the quality of instruction; (7) tuition or fee requirements; (8) scholarship opportunities; (9) co-curricular programs and activities in which the student will participate; (10) any grade the student will receive; (11) the progress of the student toward completion of a program; (12) what degree, if any, the student will receive.

The following is a partial list of unwelcome conduct of a sexual nature, which will generally be considered sexual harassment:

  • Physical assaults of a sexual nature, such as rape, sexual assault, sexual battery, molestation or attempts to commit these acts;
  • Unwelcome sexual jokes, language, epithets, advances or propositions;
  • The display of sexually suggestive objects, pictures, magazines, posters or cartoons;
  • Comments about an individual’s body, sexual orientation, sexual prowess or sexual deficiencies;
  • Asking questions about sexual conduct;
  • Touching, leering, whistling, brushing against the body or suggestive, insulting or obscene comments or gestures;
  • Offering or implying an education-related reward, such as favorable reviews, grades, assignments, promotions, continued employment or promises of the same in exchange for sexual favors; and
  • Threatening or taking a negative education-related action, such as unfavorable reviews, grades or assignments, because sexual conduct is rejected.

Sexual Assault, Sexual Violence and Other Sexual Misconduct
“Sexual assault” and “sexual violence” are particular types of sexual harassment that include physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. Sexual assault and sexual violence include, but are not necessarily limited to, inappropriate touching, sexual intercourse of any kind without consent, rape and attempted rape.

“Sexual misconduct” encompasses a range of behavior that can include, but is not necessarily limited to, sexual assault (which includes both non-consensual sexual intercourse and non-consensual sexual contact), sexual violence, domestic violence, dating violence, stalking, sexual exploitation (e.g., non-consensual recording of sexual activity) and any other conduct of a sexual nature that has the purpose or effect of threatening or intimidating the person against whom such conduct is directed or that goes beyond the boundaries of consent.

Consent
Sexual activity requires “consent,” which is defined as clear, unambiguous, voluntary, positive agreement between the participants, to engage in specific sexual activity.

  • Consent to sexual activity can be communicated in a variety of ways, but one should presume that consent has not been given in the absence of clear, positive agreement. While verbal consent is not an absolute requirement for consensual sexual activity, verbal communication prior to engaging in sex helps to clarify consent. Students, therefore, are strongly encouraged to communicate verbally before engaging in sexual activity. However potentially awkward it may seem, talking about your own and your partner’s sexual desires, needs and limitations is expected to avoid misunderstandings.
  • Consent must be clear and unambiguous for each participant at every stage of a sexual encounter. Silence, or the absence of resistance, does not imply consent. A prior relationship does not indicate consent to future activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.
  • A person who is asleep, unconscious, or mentally or physically incapacitated, either through the use of drugs or alcohol, because of a disability, or for any other reason, is not capable of giving valid consent. Additionally, the use of alcohol or drugs may seriously interfere with the participants’ judgment about whether consent has been sought and given.
  • When there is a lack of mutual consent about sexual activity or there is ambiguity about whether consent has been given, a student can be charged with, and found guilty of, committing a sexual assault or another form of sexual misconduct. The manner of dress of the victim at the time of the offense does not constitute consent. Coercion, force or threat of either invalidates consent. A person who initially consents to sexual penetration or sexual conduct is deemed not to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct. Sexual harassment, sexual assault, sexual violence or other sexual misconduct is prohibited by this policy without regard to whether the conduct would violate applicable laws. Although the College’s policy prohibiting sexual assault, sexual violence and other sexual misconduct is broader than parallel Illinois statutory or other legal prohibitions, the College provides the following for informational and educational purposes.

Members of the College community should note that the State of Illinois defines “sexual conduct” in very broad terms:

"‘Sexual conduct’ means any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus or breast of the victim or the accused or any part of the body of a child under 13 years of age or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused."

This definition extends far beyond the typical understanding of the term “rape.”

The voluntary and knowing consent of all parties to any sexual conduct is crucial. College policy and Illinois law both recognize that sexual assault is not a gender-specific crime. According to the State of Illinois, criminal sexual assault may take the form of any of the following:

  • An act of sexual penetration by the use of force or threat of force, including threatening or endangering the life of the victim or any other person;
  • An act of sexual penetration where the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; or
  • An act of sexual penetration with a victim who was under age 17 when the act was committed or with a victim who was under age 18 when the act was committed and the accused was age 17 or more and held a position of trust, authority or supervision in relation to the victim; or
  • An act of sexual penetration in which the accused delivered (by injection, inhalation, ingestion, transfer of possession or any other means) to the victim without his or her consent or by threat or deception and for other than medical purposes, any controlled substance.

Illinois law also identifies the category of criminal “sexual abuse,” which involves any sexual contact without consent as described for criminal sexual assault. The key aspect under Illinois law is that sexual penetration is not required in order to violate the law. Any sexual contact without consent or in which the victim is unable to consent or revokes consent, can constitute a crime in Illinois.

The Clery Act requires that all sex offenses, to include sexual assaults, be made known to the campus community through the Annual Crime Report published each year by October 1. Under the Violence Against Women Act, crimes of domestic violence, dating violence and stalking must also be reported in the Annual Crime Report. Beginning in 1996, the Illinois Campus Security Act also requires public institutions of higher education to establish a community sexual assault task force. As a private institution, Elmhurst College is not obligated by this law, but has initiated and participates in an Elmhurst-area Sexual Assault Task Force. This group comprises local community and campus service providers and law enforcement members. It coordinates educational efforts to prevent sexual assault and works to ensure a coordinated response to incidents of sexual assault on campus. The College may also investigate alleged violations of this policy received from individuals outside the institution regarding individuals within the College, regardless of the location of the alleged offense. Any student who engages in sexual misconduct should be aware that his or her behavior may be considered criminal under Illinois law and could result in criminal prosecution, as well as disciplinary action by the College.

Domestic Abuse and Domestic Violence
“Domestic abuse” is also a crime under Illinois law. Any person who hits, chokes, kicks, threatens, harasses or interferes with the personal liberty of another person has engaged in prohibited domestic abuse. In Illinois, it is also a crime to prevent someone from calling 911 by interfering with the call or blocking access to the phone. Victims of domestic violence have the right to be protected from further abuse, neglect and exploitation and may press criminal charges against the abuser. According to the Illinois Domestic Violence Act, “Domestic violence is a learned pattern of behaviors used by one person in a relationship to control the other person. The partners may be married or not, gay or lesbian, living together, separated or dating.”

Domestic violence can be criminal and includes physical assault, sexual abuse and stalking. The violence takes many forms and can happen all the time or once in a while. If you are in an abusive situation, you are not to blame and are urged to seek help.

Under Illinois law, a person commits “stalking” when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to: (1) fear for his or her safety or the safety of a third person; or (2) suffer other emotional distress. A person also commits stalking when he or she, knowingly or without justification, on at least two separate occasions follows another person or places the person under surveillance, or any combination thereof, and: (1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or (2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint to or of that person or a family member of that person. A person who has previously been convicted of stalking any person commits stalking if he or she without lawful justification on one occasion (1) follows that same person or places that same person under surveillance; and (2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint to that person or a family member of that person.

The following are resources for individuals who have experienced domestic abuse, domestic violence, dating violence, or stalking. Additional information may be found in the brochure available at the Campus Security office.

Campus Resources

Student Health Services
Niebuhr Hall
(630) 617-3565

Counseling Services
Niebuhr Hall
(630) 617-3565

Residence Life Staff “On Call”

Campus Security
(630) 617-3000

Student Affairs
Frick Center, Room 240
(630) 617-3187

Domestic Violence Resources
Family Shelter Service (24 hours a day)
(630) 469-5650

Illinois Coalition Against Domestic Violence
(217) 789-2830

Off-Campus Resources

DuPage Women Against Rape (DWAR)
24-hour emergency number:
(630) 971-3927
Non-emergency number:
(630) 790-6600

DuPage County State’s Attorney Victim/Witness Coordinator
505 North County Farm Road
Wheaton, Illinois 60187
(630) 407-8008

Illinois Coalition Against Sexual Assault
Springfield, Illinois
(217) 753-4117

Anyone who is found by the College to have committed any form of sexual misconduct or other conduct prohibited by this policy, as those terms are defined by the College, is subject to discipline, up to and including termination or expulsion from the College, regardless of whether the accused person has been found criminally responsible for his or her actions.

b. Consensual Amorous Relationships
At the core of the College’s mission is an implied responsibility of trust and ethical behavior in every relationship in which a College faculty member, staff member or administrator has a supervisory, evaluative or advisory relationship with a student or another faculty member, staff member or administrator. Conflicts of interest can arise in a consensual romantic and/or sexual relationship (i.e., “amorous relationship”) because of the power differential that often exists between the parties to such relationships. Such relationships can present serious ethical concerns about issues such as validity and consent, sexual harassment and unfair treatment by others. As a result, such relationships can have a negative effect on the parties involved and the entire Elmhurst community. Although consensual amorous relationships do not necessarily constitute sexual harassment, such relationships may be problematic or even give rise to allegations of sexual harassment or other inappropriate conduct if: 1) a consensual relationship ends and one of the parties continues behavior that is unwelcome by the other party, and/or 2) a consensual relationship creates an unfair, hostile or intimidating learning or work environment.

Therefore, this policy places certain limitations and restrictions on consensual amorous relationships and imposes certain obligations on the party in such relationships who has the supervisory, evaluative or advisory authority. The College strongly discourages all employees from participating in consensual amorous relationships with students or other employees whenever a “professional relationship” (as defined below) between the parties exists. For purposes of this policy, “employee” includes all College faculty, staff and administrators. “Professional relationship” is a relationship that involves the exercise of supervisory, evaluative or advisory authority, including but not limited to teaching, grading, academic advising, mentoring, coaching, supervision, making decisions relating to employment or financial support or other oversight over campus business or activities.

1. No employee may have a professional relationship with a student with whom the employee is having or has recently concluded a consensual amorous relationship.
2. In addition, employees are strongly discouraged from engaging in consensual amorous relationships with other employees with whom they have a professional relationship.

If a consensual amorous relationship exists or has existed between an employee and a student or other employee with whom the employee also has a professional relationship, the employee in the supervisory, evaluative or advisory role must report the relationship to the Director of Human Resources, the Senior Vice President for Academic Affairs/Dean of the Faculty or the Vice President for Finance and Administration. The College will then determine what action is appropriate, including whether the duties giving rise to the reporting employee’s professional relationship with the student or other employee will be reassigned. An employee’s violation of this policy may lead to disciplinary action, up to and including termination of employment at the College.

Retaliation against any person who reports concerns about consensual amorous relationships is prohibited and constitutes a violation of this policy. Questions regarding this policy may be directed to the Director of Human Resources, the Senior Vice President for Academic Affairs/Dean of the Faculty or the Vice President for Finance and Administration.

c. Prohibition Against Disability Discrimination and Reasonable Accommodations Policy
As noted in the general Non-Discrimination/Non-Harassment Policy statement set forth above, the College does not discriminate against individuals on the basis of physical or mental disability. To ensure equal access to its programs and activities, the College is committed to providing reasonable accommodations, including appropriate auxiliary aids and services, academic adjustments (inside or outside the classroom) and/or modification to the College’s policies and procedures, to qualified individuals with disabilities, unless providing such accommodations would result in an undue burden or fundamentally alter the nature of the relevant program or activity. The College’s ADA/504 Coordinator is responsible for determining appropriate accommodations in conjunction with the student and other College representatives, as appropriate.

ADA/504 Disability Services Coordinator
Maureen Connolly
Learning Center, Frick Center, 231
Elmhurst College
190 Prospect Avenue
Elmhurst, IL 60126
Phone: (630) 617-3753
Fax: (630) 617-3387
maureenc@elmhurst.edu

Applicants for admission to the College or current students requesting an accommodation should do so in writing to the greatest extent possible. The College may also ask a student’s health care provider to submit documentation regarding a student’s condition, the impact the condition has on the student’s ability to participate in the College’s educational or other programs, and any suggested accommodations. The College may request only medical information that is relevant and reasonably necessary to determine whether an individual is disabled, the nature and extent of the disability and appropriate reasonable accommodations.

All completed forms and supporting documentation must be submitted to the ADA/504 Disability Services Coordinator. To enable the College to evaluate an individual’s needs, engage in an interactive process with him or her, and provide appropriate reasonable accommodations in a timely fashion, the College requests that individuals complete and submit the required forms and supporting documentation as far in advance as possible before the first day of classes or as soon as practicable under the circumstances.

The College will make its determination on an individualized, case-by-case basis with input from the individual requesting accommodation, the College’s ADA/504 Disability Services Coordinator, and faculty and administrators, as necessary. Except in unusual cases, the College will reach a determination regarding an individual’s request for accommodation and notify the individual in writing of the determination within three (3) weeks of his or her properly submitted request. In the event that requested accommodations have been denied, the College’s determination letter will inform the individual of the reason(s) and of his or her right to appeal the College’s determination as set forth below. The ADA/504 Disability Services Coordinator will maintain a  confidential file regarding all requests for accommodation containing the forms and supporting documentation submitted by the applicant or student, any relevant communications (including notes of oral communications) between the individual and the College, the determination letter from the College to the individual and the reason(s) for any denials. Any disagreements between an individual requesting accommodation and the ADA/504 Disability Services Coordinator regarding appropriate accommodations and/or any allegations of violations of this policy may be raised under the College’s Investigation and Grievance Procedure set forth below.

d. Reporting, Investigation and Grievance Procedures

Reporting Procedure
Employees, customers, students, vendors and other persons affiliated with the College who believe they have experienced or have witnessed discrimination or harassment should immediately notify either the Title IX Coordinator or one of the following individuals: any employee’s supervisor, the Director of Human Resources, the Dean of Students, the Vice President for Finance and Administration or the Senior Vice President for Academic Affairs/Dean of the Faculty.

In addition to contacting one of the College representatives listed above, in instances of alleged or suspected sexual assault, sexual violence, dating violence, domestic violence, stalking or other potentially criminal conduct, students are encouraged to contact Campus Security (either in person or by calling (630) 617-3000) or the local police (by calling 911). Campus Security can assist students who wish for assistance working through the criminal reporting process. Additional information and resources regarding these issues is available below and on the Campus Security website.

Please understand that any criminal or other investigation conducted by law enforcement authorities is separate from an investigation that the College conducts under this Policy and does not relieve the College of its obligations under Title IX or other applicable law. If law enforcement so requests, the College may decide to delay its investigation for a brief period of time, but will take any interim measures it deems necessary to address the issue before the investigation. If requested to provide information to law enforcement, the College will cooperate with such a request consistent with its privacy obligations under FERPA and other applicable laws.

Confidentiality
The College strongly supports a student’s interest in confidentiality in cases involving sexual violence. To the extent possible, the College will only disclose information regarding alleged incidents of sexual violence to individuals who are responsible for handling the College’s response.

Elmhurst College also provides a variety of confidential resources for students who believe they have experienced a sexual assault or other sexual misconduct. The following sources of confidential assistance are not required to report any information regarding an incident of alleged sexual violence:

Campus Resources

Student Health Services
Niebuhr Hall
(630) 617-3565

Counseling Services
Niebuhr Hall
(630) 617-3565

Residence Life Staff “On Call”

Campus Security
(630) 617-3000

Student Affairs
Frick Center, Room 240
(630) 617-3187

Domestic Violence Resources

Family Shelter Service (24 hours a day)
(630) 469-5650

Illinois Coalition Against Domestic Violence
(217) 789-2830

DuPage Women Against Rape (DWAR)
24-hour emergency number: (630) 971-3927
Non-emergency number: (630) 790-6600

DuPage County State’s Attorney Victim/Witness Coordinator
505 North County Farm Road
Wheaton, Illinois 60187
(630) 407-8008

Illinois Coalition Against Sexual Assault
Springfield, Illinois
(217) 753-4117

All other College employees who are aware of conduct that is prohibited by this Policy are deemed to be “responsible employees” and are required to report the conduct to the College’s Title IX Coordinator (identified above) or to one of the following individuals: the Dean of Students, the Vice President for Finance and Administration or the Senior Vice President for Academic Affairs/Dean of the Faculty.

In the event that a student reporting an incident of sexual violence requests that the student’s name not be disclosed to the alleged perpetrator, or that no investigation or disciplinary action be pursued, the Title IX Coordinator will evaluate whether the College can honor the request while still providing a safe and nondiscriminatory environment for all students. The College will consider in particular whether there are any circumstances that suggest that there is an increased risk of the alleged perpetrator committing additional acts of sexual violence or other violence (e.g., whether there have been other sexual violence complaints about the same alleged perpetrator).

If a victim’s request for confidentiality limits the College’s ability to investigate, the College will take appropriate steps to limit the effects of the alleged sexual misconduct and prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the student complainant, such as providing increased monitoring, supervision or security at relevant locations, or providing training and educational materials to students and employees.

Regardless of the College’s decision, the College will take appropriate interim or remedial measures to protect the safety of the victim and other members of the College community. In the event that the College determines that a request for confidentiality cannot be honored, the College will still limit its disclosure of information regarding the incident to the extent practicable.

In addition, to the extent the reported conduct constitutes a crime that the College is required to report under the Clery Act, the crime will be included in the statistics in the College’s annual security report (ASR). The ASR does not include any identifying information. In addition, where it is determined that the incident may pose a serious, ongoing threat to members of the College community, the Cleary Act also requires the College to provide a timely warning so that members of the College community may protect themselves from harm. In the event a timely warning is deemed necessary, a mass email Crime Alert is sent to all students and employees on campus and is posted on the College's website. Crime alerts are also posted in the residence halls and various other buildings on campus, and are typically posted in the lobby/entrance area of the building(s) for seven days. Updates to the College community about any particular case resulting in a Crime Alert may be distributed via email.

Anyone who believes she or he has been a victim of sexual misconduct is encouraged to report the incident by following one of the procedures below and to seek medical care and follow-up counseling as soon as possible. Upon learning of any incident of sexual assault or other sexual misconduct, The Title IX Coordinator will contact the student and offer assistance.

  • Any victim has the option to report the crime to the Elmhurst Police Department (call 911 or the Office of Campus Security at 617-3000). The victim will be assisted by a member of the Campus Security staff in working through the criminal reporting process.
  • Instances of sexual misconduct where the alleged perpetrator is a student may be brought to the College’s disciplinary system. (See Code of Conduct and Student Disciplinary Procedures). In general:
    • The victim or the College may file charges with the Dean of Students and, after an appropriate investigation, the Judicial Hearing Committee may conduct a formal hearing.
    • During the hearing, both the victim and the accused are entitled to have a silent adviser present as defined in the Student Disciplinary Procedures.
    • Both the accused and accuser are also to be informed of the outcome of the proceeding. All other procedures outlined in the E-Book apply.
    • Sanctions in such proceedings include admonition, warning, censure, disciplinary probation, restitution, fine, removal from residential facilities, social probation, suspension or expulsion. A requirement of specialized counseling or training may be imposed. For a complete list of potential sanctions, please see the E-Book.
    • In addition, if a student is found guilty in an off-campus court of law, the College may impose its own sanctions.
  • If a victim decides not to notify the Elmhurst Police Department, Office of Campus Security or to pursue College disciplinary procedures, the College encourages the individual to contact a campus or community resource to get support. Each student is entitled to confidential services, either on or off campus, whether or not criminal or campus judicial charges are pursued.
  • Campus and area resources include the following.
    • In any instance of sexual assault, the victim should seek medical attention as quickly as possible. This will serve to protect evidence and will greatly assist proving sexual assault.
    • The College will also support the victim by assisting in changes of living and/or academic conditions after an alleged sexual assault incident.
    • The Bill of Rights for Victims and Witnesses of Violent Crime is an Illinois Law (Illinois Compiled Statutes, Chapter 725, paragraph 120/4) that ensures fair and compassionate treatment for victims and witnesses of violent crime. The law guarantees two basic rights to crime victims and witnesses—the right to obtain information from the criminal justice system, and the right to be treated in a humane way by the system.

Information regarding resources for individuals who have experienced domestic abuse or domestic violence are also included above.

Investigation and Grievance Procedure
The College will promptly investigate any and all alleged and suspected violations of its Non-Discrimination and Non- Harassment Policy about which the College knows or reasonably should know, regardless of whether a complaint alleging a violation has been filed and regardless of where the conduct at issue occurred. All employees involved in the adjudication process are trained in the requirements of Title IX as well as College policies and procedures. The investigation will be completed within 60 days of the filing of a complaint or the date on which the College becomes aware of a suspected violation, unless the College determines in its discretion that more time is required to complete the investigation. Any pending criminal investigation or criminal proceeding may have some impact on the timing of the College’s investigation, but the College will commence its own investigation as soon as is practicable under the circumstances. The College reserves the right to commence and/or complete its own investigation prior to the completion of any investigation or criminal proceeding. If any party believes anyone involved in the investigation or adjudication process has a conflict of interest, the party should notify the Title IX Coordinator. The Title IX Coordinator will appoint an uninterested designee to determine whether a conflict exists and, if so, appoint a different neutral investigator/adjudicator.

As a part of the investigation, the relevant official (or his or her designee) will seek to interview the complainant, the accused and any other witnesses, and to review any relevant documents. The College will take appropriate measures to preserve any evidence, and the parties are expected to do the same. All parties are expected to provide as much information as possible in connection with the investigation.

To the extent either party is offered any other opportunities to present information or participate in the investigation, the College will endeavor to afford the same or substantially similar opportunities to the other party. The complainant and the respondent will be afforded equal access to information, including updates on the status of the investigation if appropriate.

The complainant and the person about whom the complaint is made will be notified of the outcome of the College’s investigation (i.e., whether or not a violation occurred) within 7 days of the conclusion of the investigation. This written notice will be issued concurrently to the complaining and the accused parties. The complainant will also be notified of any sanctions imposed that directly affect him or her, e.g., expulsion of the respondent or a no-contact order. In determining whether a violation of this policy has occurred, the College will use a “preponderance of the evidence” standard (i.e., more likely than not).

Once a decision has been made, both the complainant and the accused have the right to appeal the outcome (including the issue of whether there is a policy violation and any sanctions imposed). Employee appeals must be submitted in writing to the President within 7 days of being notified of the outcome and must set forth the grounds upon which the appeal is based. Student appeals proceed as outlined in the E-Book. An appeal is not a request for a new investigation at a higher level or  because of dissatisfaction with the results of the investigation. An appeal must be based upon new evidence or proof of irregularities, error, unfairness, prejudice or other factors preventing the adjudicator from reaching a just decision. The parties will be notified of the President’s decision within 14 days of the date by which all requested information is received, unless the President or his or her designee determines that additional time is required. Decisions made by the President are final.

Interim Measures
The College reserves the right to suspend any member of the College community suspected or accused of violating this Policy or to take any other interim measures the College deems appropriate, pending the outcome of an investigation or grievance. Such interim measures can include, but are not limited to, removing a student from campus housing, modifying course schedules and issuing a “no contact” order. In situations involving suspected or alleged violations of the Prohibition Against Sex Discrimination, the College also reserves the right to take steps to protect the complainant as deemed necessary during the pendency of the investigation and resolution process (e.g., allowing for a change in academic situation, issuing a “no contact” order to the accused, etc.). Any such interim steps will be taken in a manner that minimizes the burden on the complainant to the extent possible.

Sanctions and Other Remedial Actions
The College will take steps to prevent the recurrence of any sex discrimination. The official conducting the investigation will determine whether a violation of this policy has occurred and what, if any, corrective action might be appropriate. Any disciplinary action will be imposed in accordance with any other applicable policies or procedures governing disciplinary action against faculty members, employees and students. The College will take reasonable steps to prevent the recurrence of any violations of this policy and to correct the discriminatory effects on the complainant (and others, if appropriate). If the College determines that sanctions are warranted, any employee or affiliated person who is found, after investigation, to have violated this policy or other policies of the College will be subject to sanctions, depending on the circumstances, from a warning up to and including permanent exclusion from the College or termination in the case of employees. The College in its discretion may also require any person violating this policy to go through additional training on the policy and expected conduct.

The College will also take appropriate remedial action to eliminate any hostile environment and prevent its recurrence. Such measures may include training or other programming for the campus community, as well as ongoing remedies for the complainant in the form of victim support services, academic accommodations or other assistance.

Complaints of Student Peer-to-Peer Discrimination or Harassment
All alleged or suspected discrimination or harassment will be investigated in accordance with this policy. A violation of this policy in a student peer-to-peer situation is also a violation of the Student Code of Conduct and will be referred to the Dean of Students to address under the disciplinary procedures and sanctions outlined below at the conclusion of the University’s investigation conducted pursuant to this Non-Discrimination/Non-Harassment Policy.

Training, Prevention and Education
The College will provide the following education programming designed to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault and stalking. 

Primary Prevention and Awareness Programs
The College will provide primary prevention and awareness programs for all incoming students and new employees that include the following:

  • A statement that the College prohibits the offenses of domestic violence, dating violence, sexual assault and stalking, and a description of the College’s policies that prohibit this conduct;
  • The definition of consent, in reference to sexual activity, as defined under Illinois law and under College policy;
  • The definition of domestic violence, dating violence, sexual assault and stalking under Illinois law;
  • Safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault or stalking against a person other than such individual;
  • Information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; 
  • The possible sanctions or protective measures that the College may impose following a final determination of a College disciplinary procedure regarding allegations of sexual misconduct or other interpersonal misconduct;
  • The procedures that an accuser (or complainant) should follow if a sex offense, domestic violence, dating violence, sexual assault or stalking has occurred, as described in this booklet;
  • The procedures for College disciplinary action in cases of alleged domestic violence, dating violence, sexual assault or stalking, as described in this booklet;
  • Information about how the College will protect the confidentiality of accusers and victims, including how publicly available record keeping will be accomplished without the inclusion of identifying information about the accuser or victim, to the extent permissible by law;
  • Information about existing counseling, health, mental health, victim advocacy, legal assistance and other services available for student and employee accusers and victims, both on campus and in the community; and
  • Information about options for, and available assistance in, changing academic, living, transportation and working situations, if so requested by the accuser or victim and if such accommodations are reasonably available, regardless of whether the accuser or victim chooses to report the crime to campus police or local law enforcement.

Ongoing Prevention and Awareness Campaigns
The College will also provide ongoing prevention and awareness campaigns for students and employees that include the information covered in the primary prevention and awareness programs.

Policy updated August 2014

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