Policy No. E. 3.00
Date of Issue 7/2/2014
Date of Update 8/13/2020
The university is committed to providing an education and employment environment that is safe, secure and free of sexual misconduct (as defined below). Human Resources will conduct educational workshops on this subject and provide prevention and referral resources to employees. Complaints of sexual misconduct should be reported and will be investigated and responded to in accordance with the policies and procedures hereof. This policy on sexual misconduct is an internal university policy which in no way precludes an individual from seeking redress or assistance from local police or judicial authorities.
As a reminder, complaints of and the investigation, adjudication and sanctioning of conduct that qualifies as 鈥淭itle IX Sexual Harassment鈥 are required by law to be handled pursuant to the processes and procedures set forth in E.8.00, Title IX Sexual Harassment Process of this Manual. Individuals are advised to review this policy, especially its definition of Title IX Sexual Harassment.
3.01 |
General InformationIn cases of sexual misconduct, it is important to preserve relevant evidence as failure to do so could compromise any subsequent investigation, jeopardize the ability to punish the perpetrator and/or complicate the ability to obtain an order of protection. Though the decision of whether and when to report is up to the individual who experienced the sexual misconduct, delayed reporting may make it more difficult to find and convict/discipline the perpetrator. Thus, an individual who experienced sexual misconduct is encouraged to consider filing a report with the police; filing a report does not obligate the victim to press charges or pursue legal action. In order to preserve evidence, a victim should strongly consider obtaining an appropriate medical examination as soon as possible. Although the university does not have the staff or facilities to do so, the emergency rooms at Mercy Hospital (2525 S. Michigan Avenue / (312) 567-2000) and University of 电车无码 Hospital (5841 S. Maryland Avenue / (773) 702-1000) do, including conducting a forensic examination. Such an examination often serves a valuable evidentiary purpose. Completion of a forensic examination does not require one to file a police report. If desired, one who has experienced sexual misconduct may seek an order of protection (750 ILCS 60/214) or no contact order (740 ILCS 22/101.1 et seq.) from an Illinois court. The decision to grant such an order in any particular instance is at the discretion of the court. If such an order is issued, the university will honor it as and to the extent required by law. Additional information on orders of protection and the process for obtaining such an order is available on the website of the Cook County Clerk of the Circuit Court at . Beyond on-campus services, within the 电车无码 area several agencies also offer resources for victims and survivors of sexual misconduct. Information on such agencies is available at www.iit.edu/student-affairs/violence-against-women-act-vawasaves-act. |
3.02 |
ReportingAny employee who believes he/she has experienced sexual misconduct should report the incident to his/her supervisor, Human Resources (10 West 35th Street, 9th Floor / 7-3318) , the Title IX Coordinator (10 West 35th Street, 2nd Floor / 7-5725) or Public Safety (3300 South Michigan Avenue / 8-6300) and, if necessary, seek medical assistance. The decision to inform law enforcement authorities rests with the individual, though the university can provide assistance to facilitate such reporting. Once reported, an employee who believes he/she has experienced sexual misconduct (the 鈥淐omplainant鈥) will receive information about resources and options available to him/her. The university will designate, given the particular facts and circumstances, an appropriate and trained person to investigate (the 鈥淚nvestigator鈥) the report. The report will be investigated promptly, thoroughly and discretely with every reasonable effort made to maintain confidentiality to the extent possible. However, when the university receives such a report, it has an independent obligation to investigate the same and to respond in a way that limits the effects of the sexual misconduct and prevents its reoccurrence, even if the individual who experienced the sexual misconduct has elected not to pursue it or has declined to cooperate. |
3.03 |
Investigatory ProcessIn connection with any such investigation, the Complainant and the person(s) accused of committing the sexual misconduct (the 鈥淩espondent鈥) will have the opportunity to present evidence and witnesses to the Investigator, and the Investigator may meet with other persons as he/she deems appropriate to complete the investigation. Generally, the Investigator will meet with the each party and any witnesses separately, and the Investigator may meet again with either party or any witness as circumstances warrant. Each party also is permitted to have one support person/adviser present during investigation meetings. (A union representative my serve as an adviser, where applicable.) In order to maintain the integrity, civility and efficiency of the process, this support person/adviser is limited to advising the staff person and may not participate in any meetings. This limitation on participation includes, but is not limited to presenting evidence, asking questions and making statements during the investigation meetings. Advisers who do not abide by these guidelines may be excluded from the process. The investigation meetings will not be electronically recorded by the University and may not be recorded by any participant. The parties may submit addition materials or information to the Investigator within five days following their respective interviews. All parties and witnesses are expected to cooperate and provide complete and truthful information throughout the investigation process. If the Investigator determines based on the preponderance of the evidence, meaning the facts and circumstances and reasonable inferences drawn therefrom indicate that it is more likely than not the reported, then the Respondent will be subject to discipline up to and including termination. The Complainant and Respondent will be notified at the same time of the results of the investigation. In situations involving sexual misconduct, the university will inform the Complainant of all discipline imposed on the Respondent. Human Resources and the Respondent鈥檚 manager(s) will review the findings of the investigation and determine any corrective action. |
3.04 |
AppealsThe Complainant or the Respondent may appeal the Investigators findings and any sanctions imposed directly to the Provost if the Respondent has a faculty appointment and to Vice President of Finance and Administration if the Respondent does not have a faculty appointment. Any appeal must be filed in writing within five days of the date of written notification of the findings of the investigation or if applicable, the imposition of disciplinary sanctions. An appeal may be made only for one of the following reasons:
The Provost or Vice President for Finance and Administration, as the case may be, may make one of the following determinations:
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3.05 |
Accomodations; Non-retaliationInterim protective measures and accommodations are reasonable measures the University can put in place to provide immediate support and added protection to an individual who reports having experienced sexual misconduct, at no cost to that individual. These measures can be temporary in duration pending the results of an investigation, but can become permanent. Interim protective measures and accommodations include, but are not limited to:
Interim protective measures and accommodations can be made available regardless of whether an individual chooses to report an incident to University public safety or local law enforcement or pursue a complaint with the University. Human Resources, in consultation with the Title IX Coordinator, will determine whether interim protective measures or accommodations are reasonable and should be implemented, and, if so, will work to ensure that interim protective measures or accommodations are implemented as soon as possible. The University will keep confidential any accommodations or protective measures provided, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the protective measures or accommodations. Retaliation of any kind, direct or indirect, by anyone against an individual who makes a report of sexual misconduct or provides information pursuant to an investigation of sexual misconduct is also a violation of university policy and will not be tolerated. |
3.06 |
DefinitionsSexual misconduct includes: sexual assault; dating violence; domestic violence, sexual exploitation and stalking. The definition of each such offense is as follows:
For purposes of the foregoing relevant offenses, effective consent is informed, freely and actively given, mutually understandable words or actions which indicate a positive agreement to participate in mutually agreed upon sexual activity. Consent must be clear and unambiguous, and it should not be presumed in the absence of such an agreement. The absence of 鈥渘o鈥 should not be understood to per se mean there is consent. Consent is not effective if it results from the use of force, threats, intimidation, or coercion. In addition, to have sex with someone who you know to be, or should know to be incapable of making a rational, reasonable decision about a sexual situation is a violation of this policy (e.g. an intoxicated person or someone with a mental or emotional impairment or someone who is unconscious or asleep or otherwise incapable of making such decisions). |