Violence Against Women Act (VAWA) Amendments

The 2013 VAWA amendments to the Clery Act established the first ever federal requirement for prevention programming and response procedures for the crimes of dating violence, domestic violence, sexual assault, and stalking, as well as universal standards for disciplinary procedures at institutions of higher education. These requirements ensure that students and employees on college campuses can recognize these types of crimes, intervene safely, understand consent and what constitutes a healthy relationship, and receive due process when resolving complaints. The VAWA amendments also require institutions to include policy statements specific to dating violence, domestic violence, sexual assault, and stalking in their annual security report, outlining the procedures an institution will follow after an incident of dating violence, domestic violence, sexual assault, or stalking, and identify the rights and options available to survivors.

Student and Employee Rights and Options

When a student or employee reports to the university that the student or employee has been a victim of dating violence, domestic violence, sexual assault, or stalking, whether the offense occurred on or off campus, the university will provide the student or employee a written explanation of the student’s or employee’s rights and options, including:

• Procedures victims should follow if a crime of dating violence, domestic violence, sexual assault, or stalking has occurred, including written information about –

• The importance of preserving evidence that may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order;
• How and to whom the alleged offense should be reported;
• Options about the involvement of law enforcement and campus authorities, including notification of the victim’s option to –

• Notify proper law enforcement authorities, including on-campus & local police;
• Be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and
• Decline to notify such authorities; and

• Where applicable, the rights of victims and the institution’s responsibilities for orders of protection, “no-contact” orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court or by the institution;

• Information about how the institution will protect the confidentiality of victims and other necessary parties, including how the institution will –

• Complete publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifying information about the victim, as defined in section 40002(a)(20) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(20)); and
• Maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or protective measures;

• Notification of existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the institution and in the community;
• Notification of options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures. The institution must make such accommodations or provide such protective measures if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.

Universal Standards for Disciplinary Proceedings

UIC provides a prompt, fair, and impartial proceeding from the initial investigation to the final result to address grievances of dating violence, domestic violence, sexual assault, and stalking. Proceedings include all activities related to a non-criminal resolution of an institutional disciplinary complaint, including but not limited to, fact-finding investigations, formal or informal meetings, and hearings. The following shall apply to such proceedings:

• Proceedings will be completed within reasonably prompt timeframes designated by the university’s policy, including a process that allows for the extension of timeframes for good cause with written notice to the Complainant and Respondent of the delay and the reason for the delay;
• Proceedings will be conducted in a manner that:

• Is consistent with the university’s policies and is transparent to the Complainant and the Respondent;
• Includes timely notice of meetings at which the Complainant and/or Respondent may be present; and
• Provides timely and equal access to the Complainant, Respondent, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearings.

• Proceedings will be conducted by officials who:

• Do not have a conflict of interest or bias for or against the Complainant or the Respondent
• At minimum, receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.

• Proceedings will provide the Complainant and the Respondent with the same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by their advisor of choice.
• Proceedings will not limit the choice of advisor or presence for either the Complainant or Respondent in any meeting or institutional disciplinary proceedings; however, the university may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
• Proceedings will require simultaneous notification, in writing, to both the Complainant and Respondent, of:

• The results of any institutional disciplinary proceeding that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking;
• The institution’s procedures for the Respondent and the Complainant to appeal the result of the institutional disciplinary proceeding, if such procedures are available;
• Any change to the result; and
• When such results become final.

Summary of Grievance Process for Cases of Alleged Dating Violence, Domestic Violence, Sexual Assault, or Stalking

The UIC Comprehensive Policy and Procedures for Sexual Misconduct Grievance Process is described in detail on the following pages. Below is a summary of the process.

How to file a sexual misconduct complaint

Contact the Title IX Coordinator: Call (312) 996-8670; email titleix@uic.edu, or submit a Sexual Misconduct/Title IX Report.

Anticipated timeline

The Office for Access and Equity (OAE) strives to complete an investigation within 90 Days after issuance of the notice of investigation, unless good cause exists to extend the period for investigation and notice is given to the parties with the reason for delay. 

Standard of evidence used

The decision maker shall use the preponderance of evidence standard of proof to determine whether a violation of the university’s Sexual Misconduct Policy has occurred.

Range of protective measures that may be offered

Supportive measures may include without limitation changes to academic, living, dining, transportation and working situations. Examples include extensions of deadlines or other course-related adjustments; modifications of work or class schedules; use of campus escort services; issuing and enforcing mutual restrictions on contact between the parties; changes in work or housing locations; voluntary leaves of absence; increased security and monitoring of certain areas of the campus; restriction to use a facility; and other similar measures.

Major steps include

1. Incident report filed

2. Dismissal of complaint: The university may dismiss a complaint in whole or in part under certain conditions.

3. Investigation process: Notice of investigation will be provided to known parties. The normal course of investigation will include (a) interviewing the Complainant(s) and Respondent(s); (b) identifying, locating, and interviewing other relevant individuals and witnesses; and (c) reviewing written statements, documents, records, and other relevant evidence that is not otherwise impermissible.

4. Evaluation of evidence: The decision maker will objectively evaluate all evidence that is relevant and not otherwise impermissible and provide credibility determinations. The university will provide the parties with an equal opportunity to access relevant evidence or a description of such evidence, and to review and respond to the evidence or description within 3 days.

5. Determination: The decision maker shall use the preponderance of evidence standard of proof to determine whether a violation of the university’s Sexual Misconduct Policy has occurred and will notify the parties in writing of the determination and procedures for appeal.

6. Appeals process: Parties may file an appeal within 5 days of receipt of the notice of dismissal or determination. If an appeal is filed, the appeal decision maker will review the appeal and notify the parties of a determination.

7. Additional considerations for student cases:

• All dating violence, domestic violence, sexual assault, and stalking cases involving a student Respondent shall be referred to the Office of the Dean of Students after the investigator has completed their investigation, and the Student Disciplinary Policy, including the appeal process there, shall be followed. Additional information regarding the Office of the Dean of Students’ Student Disciplinary Policy, hearing process, and appeals process can be found here, and is described on the following pages.
• For cases with a non-student Respondent, the decision maker will: (a) have an opportunity to ask questions to parties and witnesses during individual meetings; (b) allow the parties to propose questions for any party or witness; (c) ask the party or witness the questions seeking relevant and not otherwise impermissible evidence and record the response and provide the record to the parties with a reasonable opportunity to ask follow-up questions.

8. Sanctions and remedies: The university may impose disciplinary sanctions, which may include sanctions for student Respondents set out in the Student Disciplinary Policy ranging from warning to termination. The university may impose sanctions on employee Respondents ranging from warning to termination. Other Respondents are subject to a range of sanctions from a warning to a complete ban on participation in the university’s education programs and activities. The university may also provide remedies, ranging from educational conversations through removal of contact with Respondent.

• Possible employee sanctions include:

• Unit transfers
• Reassignment of duties
• Mandatory individualized sexual misconduct training
• Coaching and counseling
• Oral reminders
• Written reminders/letters of reprimand
• Suspension with pay pending investigation
• Discharge from probation
• Suspension without pay
• Suspension pending charges of removal
• Discharge
• Termination of contract
• Non-reappointment

• Possible student sanctions include:

• Administrative sanctions: Warning, no-contact directive, restitution, loss of privileges, restriction or loss of computing privileges, university probation
• Developmental Sanctions: Community service hours, educational experience or project, recommendations for assistance
• Academic Sanctions: Class removal or reassignment, grade modification, class reinstatement
• Elevated Sanctions: Withholding degree, revocation of admission, suspension, dismissal, expulsion
• Campus Housing Sanctions: Residence hall probation, residence hall reassignment, residence hall contract suspension, residence all expulsion/contract termination
• Student Organization Sanctions: Fines, organizational probation, suspension of university registration, revocation of university registration

Summary of Student Conduct Process for Cases of Alleged Dating Violence Domestic Violence, Sexual Assault, and Stalking

All cases of alleged Dating Violence, Domestic Violence, Sexual Assault, and Stalking involving a student Respondent shall be referred to the Office of the Dean of Students after the Title IX investigator has completed their investigation, and the Student Disciplinary Policy, including the appeal process there, shall be followed. A detailed description of relevant student disciplinary proceedings is disclosed on the following pages. Below is a summary of the relevant student disciplinary proceedings.

How to file a disciplinary complaint

Reports may be made utilizing the university’s online incident reporting forms. To report non- academic misconduct, please use the Student Misconduct Incident Report.

Anticipated timeline

There are many factors that may affect the length of time needed to complete various portions of the resolution process fairly and equitably. Once the Title IX investigation is complete, the Dean of Students will move to schedule a hearing as soon as all parties are available to participate, but not sooner than ten (10) days from the date the parties and their advisors, if any, receive the Title IX misconduct investigation or sexual misconduct investigation evidence.

Standard of evidence used

A preponderance of the evidence, or “more likely than not”, standard is the official evidence standard of the Student Disciplinary Policy. In this context, the Respondent will be found to be responsible for the alleged violations if the hearing officer/hearing committee concludes that it is more likely than not that, based on a careful review of all credible and relevant information presented, the Respondent is responsible for the alleged acts/behavior and these acts/behaviors constitute a violation of the Standards of Conduct.

Range of protective measures that may be offered

Supportive measures may include without limitation changes to academic, living, dining, transportation and working situations. Examples include extensions of deadlines or other course-related adjustments; modifications of work or class schedules; use of campus escort services; issuing and enforcing mutual restrictions on contact between the parties; changes in work or housing locations; voluntary leaves of absence; increased security and monitoring of certain areas of the campus; restriction to use a facility; and other similar measures.

Major steps include

1. Investigation: Investigations of cases of alleged Dating Violence, Domestic Violence, Sexual Assault, and Stalking will be handled according to the Comprehensive Policy and Procedures for Sexual Misconduct Grievance Process. Once the investigation is completed and unless the complaint is dismissed, the investigator will refer the matter to the Dean of Students for adjudication in accordance with the Student Disciplinary Policy.

2. Notice: Complainants and Respondents will be provided with written notice of the hearing date, time, location, identity of participants, and purpose of the hearing prior to the hearing date.

3. Selection and notice of advisor/support person: Prior to the hearing, the Complainant and Respondent may each choose an advisor/support person to accompany them to the hearing. If a party chooses to have an advisor/support person present with them, the party must notify the university of the name and contact information for their advisor at least 5 days in advance of the hearing.

4. Evidence review: The Parties shall have an opportunity to review the relevant and not otherwise impermissible evidence in advance of the live hearing.

5. Live hearing: A live hearing will be conducted either in-person or virtually. The hearing shall have the following objectives:

• Inform the parties and committee members of the charges
• Give the student(s) involved an opportunity to present their respective positions and to respond to the charges;
• Consider evidence, testimony, and credibility of the students and witnesses;
• Determine, using the preponderance of the evidence standard, if a Respondent is responsible for any or all of the alleged violations of the Standards of Conduct;
• Consider and impose appropriate sanctions

6. Executive session: The hearing committee will assess the relevancy of the information presented during the hearing as well as the credibility of the parties and witnesses. The hearing committee will decide (based on a simple majority vote): (a) whether or not, by a preponderance of the evidence, the Respondent is responsible for the alleged violation(s) of the Standards of Conduct, and, if so, (b) what sanctions are appropriate.

7. Appeals process: Either party may file a request for appeal no later than seven days after receipt of the outcome of a hearing involving allegations of dating violence, domestic violence, sexual assault, or stalking. An appeal must be based on one or more of the following grounds: procedural error, new evidence, or sanction(s) disproportionate with violation(s). The appeal committee will review the request and determine whether to deny or grant the appeal and will then issue its written decision to both parties within 7 days of the appeal committee’s decision.

8. Sanctions: possible student sanctions may include:

• Administrative sanctions: Warning, no-contact directive, restitution, loss of privileges, restriction or loss of computing privileges, university probation
• Developmental Sanctions: Community service hours, educational experience or project, recommendations for assistance
• Academic Sanctions: Class removal or reassignment, grade modification, class reinstatement
• Elevated Sanctions: Withholding degree, revocation of admission, suspension, dismissal, expulsion
• Campus Housing Sanctions: Residence hall probation, residence hall reassignment, residence hall contract suspension, residence all expulsion/contract termination
• Student Organization Sanctions: Fines, organizational probation, suspension of university registration, revocation of university registration

Training for UIC Officials Involved in the Complaint Resolution Process

All individuals involved in a grievance process for allegations of dating violence, domestic violence, sexual assault, and stalking, including the Title IX Coordinator, investigators, hearing officer(s)/panel(s), appeal officer, and any person designed to facilitate an informal resolution process, will receive training on the definition of dating violence, domestic violence, sexual assault, and stalking, the scope of UIC’s education program and activity, how to conduct an investigation and grievance process (including hearings, appeal, and informal resolution processes), how to serve impartially (by avoiding prejudgment of facts at issue, conflicts of interest, and bias), any technology to be used at a live hearing, issues of relevance of questions and evidence, and issues of relevance to create an investigative report that fairly summarizes relevant evidence.

Further, all individuals whose duties include resolution of such complaints receive a minimum of 8 to 10 hours of annual training on issues related to sexual assault, dating violence, domestic violence, and stalking, and how to conduct the higher education’s complaint resolution procedures in addition to the annual training required by all university employees.

The materials used to train the individuals involved in the grievance process or informal resolution process will not rely on sex stereotypes and will promote impartial investigations and adjudications of complaints of dating violence, domestic violence, sexual assault, and stalking.

Campus and Community Resources

Following an allegation of dating violence, domestic violence, sexual assault, or stalking, UIC will provide written notification to students and employees about existing resources available within the institution and within the larger community that include: counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims. UIC School of Law and the UIC Regional Health Sciences Campuses across the state of Illinois may also use any of the on-campus resources available on Chicago Campus East and Chicago Campus West, including the UIC Title IX Coordinator who may be contacted at (312) 996-8670 or titleix@uic.edu.

Comprehensive campus and community resources can be reviewed in Appendix D of the Annual Security and Fire Safety Report. Online campus and community resources, in addition to other support resources for Complainants, family members, friends, faculty and staff, and Respondents on the sexual misconduct website. In addition, the UIC booklet, When You are Ready: People and Places for Info and Support, provides information that you or a friend may find helpful if you or someone you care about have been the subject of dating violence, domestic violence, sexual assault, or stalking.

Orders of Protection

University will provide written instructions on how to obtain a campus-issued and - enforced no-contact directive and/or an order of protection or no-contact order issued by a state court.

The university complies with Illinois law in recognizing orders of protection. Any person who obtains an order of protection from Illinois or any other state should provide a copy to University Police and the Title IX Coordinator. A Complainant may then meet with a representative of the University Police Department or to develop a Safety Action Plan, which is a plan for police and the victim to reduce risk of harm while on campus or coming and going from campus. This plan may include resources and accommodations from various departments of the institution, but is not limited to: escorts, special parking arrangements, changing classroom location, or allowing a student to complete assignments from home. A Confidential Advisor can accompany the Complainant to provide confidential insight and weigh relevant options. The university cannot apply for a legal order of protection, no contact order or restraining order for a victim from the applicable jurisdiction(s). The victim is required to apply directly for these services. To obtain an order of protection, you can: ask your attorney to file in civil court; request an order with your divorce; request an order during a criminal trial for abuse; go to the local County Circuit Clerk’s office and get papers to seek an order of protection for yourself, or contact Campus Advocacy Network (CAN) to ask for assistance in completing the forms. The University Police Department will also, as warranted, contact the appropriate Threat Assessment Team and convene its membership as stated in the Campus Violence Prevention Plan in accordance with the Campus Threat Assessment Policy.

The university may issue an institutional no-contact directive if deemed appropriate or at the request of the Complainant or Respondent. To the extent of the Complainant’s cooperation and consent, university offices will work cooperatively to protect the Complainant’s health, physical safety, work and academic status, pending the outcome of a formal university investigation of the complaint. For example, if reasonably available, a Complainant may be offered changes to academic, living, or working situations in addition to counseling, health services, visa/immigration assistance and assistance in notifying appropriate local law enforcement.

Different types of protection

If the offender is a student or faculty/staff member of the university, the university may issue its own no-contact directive. This means that the offender will not be allowed to be in direct or indirect contact with the victim. If the order is disobeyed, the offender may face academic discipline up to and including dismissal from the university.

Whether or not the offender is affiliated with the university, a victim may seek an order of protection from a state court. An order of protection issued by a circuit court judge will generally prohibit the offender from coming into direct or indirect contact with the victim. If the order is disobeyed, the offender will face criminal penalties. No-contact orders issued by a judge are different in that they are usually issued as a condition of bail in relation to a crime with which the offender has been charged.

Information on Registered Sex Offenders

The federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a state concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a state to provide notice, as required under state law, of each institution of higher education in that state at which the person is employed, carries on a vocation, volunteers services, or is a student.

If the offender resides in an unincorporated area, he or she will register with the County Sheriff’s Office. You can link to this information, which appears on the Illinois State Police sex offender database.

UIC Sex Offender Registration Policy

UIC complies with the Illinois Sex Offender Registration Act (730 ILCS 150), which requires all sex offenders employed by or attending an institution of higher education to register with the public safety or security director of the institution of higher education.

In compliance with this Act, any student, faculty, or staff member who is required to register as a sex offender must register in person at the UIC Police Department,located at 943 W. Maxwell St., Chicago, IL 60608, within 3 days of beginning classes or employment.

Those that are required to register will complete the Institutions of Higher Education Employment/Student Information Form, in-person, Monday through Friday between 7:00 am-3:00 pm, or by appointment.

For information about sex offenders near UIC campus or in Illinois, search the Illinois State Police sex offender database.

Comprehensive Policy and Procedures for Sexual Misconduct Grievance Process

UIC Sexual Misconduct Policy

UIC is committed to providing and preserving an educational and work environment free from all forms of sexual misconduct. UIC prohibits and will not tolerate sexual misconduct of or by students, employees, patients, or applicants for enrollment or employment with UIC. UIC will take prompt and fair action to eliminate such conduct, prevent its recurrence, and remedy its effects. Employees and students in violation of this policy may face sanctions up to and including termination or expulsion.

The purpose of this policy is to provide such an environment and to comply with Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. § 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106; Section 304 of the Violence Against Women Reauthorization Act of 2013 (“VAWA”), 20 U.S.C. 1092(f), and its implementing regulations, 34 C.F.R. Part 668.46; Title VII of the Civil Rights Act of 1964 (“Title VII”); the Illinois Human Rights Act; and the Illinois Preventing Sexual Violence in Higher Education Act, 105 ILCS 155/1 et seq.

It is important to preserve physical evidence where you believe a sexual assault, or any sexual misconduct occurred. If you choose to also obtain an order or protection or pursue this matter criminally, outside of this process, the physical evidence may assist in prosecution or obtaining an order of protection.

UIC’s Title IX Coordinator

UIC’s Title IX Coordinator is responsible for and authorized to coordinate the university’s efforts to comply with and carry out its responsibilities under Title IX, which prohibits sex discrimination in education programs and activities for institutions that receive federal financial assistance, as well as retaliation for the purpose of interfering with any right or privilege protected by Title IX. The Title IX Coordinator also oversees the university’s response to all reports and complaints of sexual misconduct and Title IX Sexual Harassment to monitor outcomes, identify any patterns, and assess their effects on the campus climate. The Title IX Coordinator evaluates requests for confidentiality by those who report or complain about sexual misconduct in the context of the university’s responsibility to provide a safe and welcoming campus environment for all students free from discrimination based on sex. The Title IX Coordinator is also responsible for effective implementation of any supportive measures or remedies for sexual misconduct, including Title IX Sexual Harassment, and for overseeing the university’s recordkeeping obligations under Title IX.

Formal Complaints

All Formal Complaints of Title IX Sexual Harassment shall be reviewed and addressed in accordance with the grievance process set forth which:

• Treats Complainants and Respondents equitably in all manners, including by providing remedies to a Title IX Complainant where a determination of responsibility for Title IX Sexual Harassment has been made against the Respondent, and by following the grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a Title IX Respondent;
• Requires an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence, and provides that credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness;
• Requires that any individual designated by the university as a Title IX Coordinator, investigator, decision-maker, or any person designated by the university to facilitate an informal resolution process: a) not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent; and b) receive training on the definition of Title IX Sexual Harassment, the scope of the university’s education program or activity, how to conduct an investigation and grievance process, and how to serve impartially;
• Requires that any individual designated by the university as a decision-maker receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence;
• Requires that any individual designated by the university as an investigator receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.
• Includes a presumption that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process;
• Includes reasonably prompt timeframes for conclusion of the grievance process;
• Describes the range of possible disciplinary sanctions and remedies or lists the possible disciplinary sanctions and remedies that the university may implement following any determination of responsibility;
• Bases all decisions on the preponderance of the evidence standard;
• Includes the procedures and permissible bases for the Complainant and Respondent to appeal.
• Describes the range of supportive measures available to Complainants and Respondents; and
• Does not require, allow, rely upon, or otherwise use questions or evidence that constitutes, or seeks disclosure of, information protected under a legally recognized privilege will be required, allowed, or relied on unless the person holding such privilege has waived the privilege.

Contact Title IX Coordinator’s Office

A person should contact the Title IX Coordinator’s office to:

• Seek information or training about rights and available actions to resolve reports or formal complaints involving potential sex discrimination, including Title IX Sexual Harassment and other sexual misconduct;
• File a formal complaint or make a report of sex discrimination, including Title IX Sexual Harassment and other sexual misconduct;
• Obtain information about the availability of and for coordination of resources (including confidential resources) and supportive measures relating to sex discrimination, including Title IX Sexual Harassment and other sexual misconduct;
• Notify the university of an incident, policy, or procedure that may raise potential Title IX concerns; and
• Ask questions about the university’s policies and procedures related to sexual misconduct.

Contact Information for UIC Title IX Coordinator

Office for Access and Equity

Marshfield Avenue Building

809 S. Marshfield Ave., 717 MAB (M/C 602), Chicago, IL 60612

(312) 996-8670, TitleIX@uic.edu

sexualmisconduct.uic.edu

To Make a Complaint to a Government Agency

U.S. Department of Education

Office for Civil Rights

Lyndon Baines Johnson Department of Education Building

400 Maryland Avenue, S.W., Washington, D.C. 20202-1100

(800) 421-3481; Fax: (202) 453-6012; OCR@ed.gov

Definitions

ACTUAL KNOWLEDGE: Notice of Title IX Sexual Harassment or allegations of Title IX Sexual Harassment to UIC’s Title IX Coordinator or any official of UIC who has authority to institute corrective measures on behalf of UIC. Note: This standard is not met when the only official of UIC with actual knowledge is the Respondent.

COERCION: Coercion is the use of force, threats, intimidation, or severe or persistent pressure that would reasonably cause an individual to fear significant consequences if they refuse to engage in sexual contact. In evaluating whether Coercion was used, the University will consider: (1) the frequency, intensity, and duration of the pressure; (2) the degree of isolation of the person being pressured; and (3) any actual or perceived power differential between the parties in the context of their respective roles within the University. For example, when a person expresses a decision not to participate in a particular sexual activity, a decision to stop, or a decision not to go beyond a certain sexual interaction, continued pressure can become coercive.

COMPLAINANT: An individual who is alleged to be the victim of conduct that could constitute sexual misconduct. If the alleged violation involves Title IX, the Complainant must be the individual who is alleged to be the victim of the conduct that could constitute Title IX Sexual Harassment.

CONSENT: Consent means mutually understood words or actions indicating a freely given, informed agreement to engage in a particular sexual activity with a specific person or persons. Consent must be voluntarily given and cannot be the result of Coercion. A person’s lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent. A person’s manner of dress does not constitute consent. A person’s consent to past sexual activity does not constitute consent to future sexual activity. A person’s consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another. A person can withdraw consent at any time.

A person cannot consent to sexual activity if that person is unable to understand the nature, fact, or extent of the activity or give knowing consent due to circumstances, including without limitation the following:

• the person is incapacitated due to the use or influence of alcohol or drugs;
• the person is asleep or unconscious;
• the person is under the legal age to provide consent; or
• the person has a disability that prevents such person from having the ability or capacity to give consent.

To be found responsible in a case involving a Complainant who could not consent to sexual activity, the Respondent must have known, or should have known, the Complainant was unable to understand the nature of the sexual activity or give knowing consent due to the circumstances. “Should have known” is an objective, reasonable person standard. That is, would a reasonable person have recognized that the Complainant could not consent to the sexual activity.

Note: The state of Illinois definition of “Consent” and other related terms are described in the Definitions section of this report.

DATING VIOLENCE (See 34 USC 12291(a)(11)): Dating Violence means violence committed by a person:

• who is or has been in a social relationship of a romantic or intimate nature with the victim; and
• where the existence of such a relationship shall be determined based on a consideration of the following factors:

• the length of the relationship;
• the type of relationship; and
• the frequency of interaction between the persons involved in the relationship.

Dating violence does not include acts covered under the definition of domestic violence.

Note: “Dating violence” is not defined in the Illinois criminal code.

DAYS: Days means calendar days, excluding university holidays and semester breaks.

DOMESTIC VIOLENCE: Includes any crime(s) committed against an individual by a current or former spouse or intimate partner (as defined under the family or domestic violence laws of Illinois), including but not limited to, domestic battery, aggravated domestic battery, stalking, aggravated stalking, cyberstalking, sexual assault, and sexual abuse.1

1“Domestic violence” includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who is a current or former spouse or intimate partner of the victim, or person similarly situated to a spouse of the victim; is cohabitating or has cohabitated with the victim as a spouse or intimate partner; shares a child in common with the victim; or commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of Illinois.

Note: The state of Illinois definition of “Domestic Violence” and other related terms are described in Appendix A of this report.

EDUCATION PROGRAM OR ACTIVITY: Locations, events, or circumstances over which UIC exercised substantial control over both the Respondent and the context in which the Title IX Sexual Harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by UIC. For purposes of the Title IX Sexual Harassment Grievance Process, the Title IX Sexual Harassment must occur against a person in the United States.

EVIDENCE: Something (including testimony, documents, and tangible objects) that tends to prove or disprove the existence of an alleged fact.

FORMAL COMPLAINT: A document filed by a Complainant or signed by the Title IX Coordinator alleging Title IX Sexual Harassment against a Respondent and requesting that UIC investigate the allegation of Title IX Sexual Harassment. At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the education program or activity of UIC. A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information listed for the Title IX Coordinator. As used in this paragraph, the phrase “document filed by a Complainant” means a document or electronic submission (such as by email or through an online portal) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Formal Complaint. Where the Title IX Coordinator signs a Formal Complaint, the Title IX Coordinator is not a Complainant or otherwise a party in the investigation.

HOSTILE ENVIRONMENT HARASSMENT: Unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational opportunities, assessment or status at UIC; (2) submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work or educational performance or creating an intimidating, hostile or offensive working or educational environment.

RESPONDENT: An individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct and who has been accused of violating the UIC Sexual Misconduct Policy. If the alleged violation involves Title IX, the Respondent is an individual who has been reported to be the perpetrator of conduct that could constitute Title IX Sexual Harassment.

RETALIATION: Any action or attempted action taken by an accused individual or a third party against any person because that person opposed any practices forbidden under this policy or because that person in good faith filed a complaint, testified, assisted, or participated in any manner in an investigation or proceeding under this policy. This includes action taken or attempted against a bystander who intervened to stop or attempt to stop sexual misconduct. Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s good faith complaint or participation in the complaint process.

SEXUAL ASSAULT (See 20 U.S.C. 1092 (f)(6)(A)(v)):

• Forcible Fondling. Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim. Private body parts includes breast, buttocks, groin, and sex organs.
• Incest. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Rape. The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes attempted rape and assault with intent to commit rape.
• Sexual Assault with an Object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim.
• Forcible Sodomy. Oral or anal sexual intercourse with another person, without the consent of the victim.
• Statutory Rape. Statutory Rape is sexual intercourse with a person who is under the statutory age of consent.

Note: For the purposes of the Jeanne Clery Campus Safety Act, Sexual Assault is defined in CFR 34 § 668.46 as “An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program and included in Appendix A of this subpart.” Appendix A in the Clery Act regulations further defines rape, fondling, incest, and statutory rape. The university utilizes the definitions in Appendix A of the Clery Act regulations when compiling statistics for the Annual Security and Fire Safety Report. Title IX requires institutions to have Sexual Misconduct Policies and Procedures that use definitions from the most current FBI Uniform Crime Reporting (UCR) System. The Title IX definitions may differ from Clery Act definitions in that the Title IX definitions are subject to modification when the UCR definitions change. In June 2025, the FBI updated its UCR definitions such that the definition of “Rape” is now broadened. The FBI also eliminated “fondling” from the UCR, and replace it with “Criminal Sexual Contact,” which is more broadly defined than the prior definition of fondling. Thus, the Title IX definitions applied to the UIC Sexual Misconduct Policy may be slightly different than the Clery Act definitions for certain conduct. The Clery Act definition of Sexual Assault, the state of Illinois definition of “criminal sexual assault,” and other related terms are described in the Appendix A of this report.

SEXUAL EXPLOITATION: The use of another person’s nudity or sexual activity without consent for the purpose of sexual gratification, financial gain, or anyone’s advantage or benefit other than the person whose nudity or sexual activity is being used. Sexual Exploitation includes, but is not limited to:

1. observing, recording, or photographing nudity or sexual activity of one or more persons without their consent in a location where there is a reasonable expectation of privacy;
2. allowing another to observe, record, or photograph nudity or sexual activity of one or more persons without their consent; or,
3. otherwise distributing recordings, photographs, or other images of the nudity or sexual activity of one or more persons without their consent.

SEXUAL MISCONDUCT: Title IX Sexual Harassment, hostile environment harassment, sexual assault, dating violence, domestic violence, stalking, sexual violence, or sexual exploitation as defined here.

SEXUAL VIOLENCE: Physical acts attempted or perpetrated against a person’s will or when a person is incapable of giving consent. Sexual violence includes sexual assault.

SIGNED COMPLAINT: A document filed by a Complainant alleging sexual misconduct against a Respondent and requesting that UIC investigate the allegation of sexual misconduct. A Signed Complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information listed for the Title IX Coordinator. As used in this paragraph, the phrase “document filed by a Complainant” means a document or electronic submission (such as by email or through an online portal) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Signed Complaint. A Formal Complaint is a type of Signed Complaint.

STALKING: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• Fear for the person’s safety or the safety of others; or
• Suffer substantial emotional distress.

For the purposes of this definition:

• Course of Conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
• Reasonable Person means a reasonable person under similar circumstances and with similar identities to the victim.
• Substantial Emotional Distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Note: The state of Illinois definition of “Stalking” and other related terms are described in Appendix A of this report.

SUPPORTIVE MEASURES: Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Such measures are designed to restore or preserve equal access to UIC’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or UIC’s educational environment, or deter Sexual Misconduct.

• Supportive Measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. UIC will maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of UIC to provide the supportive measures.
• The Title IX Coordinator is responsible for coordinating the effective implementation of Supportive Measures.

TITLE IX SEXUAL HARASSMENT (See 34 CFR 106.30(a)): Conduct on the basis of sex that satisfies one or more of the following:

• Quid pro quo: A university employee conditioning the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct;
• Hostile environment: 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;
• Sexual Assault (as defined in this policy);
• Stalking (as defined in this policy);
• Dating Violence (as defined in this policy); or
• Domestic Violence (as defined in this policy)

Reporting Sexual Misconduct to UIC

How to Report an Incident to the Title IX Coordinator

Responding to incidents of sexual misconduct can be challenging, whether you are the person harmed or someone trying to help. All of us play a vital role in making UIC a respectful and safe place to learn, work, and live. UIC strongly encourages the prompt reporting of sexual misconduct either disclosed, experienced, or observed.

• A report of sex discrimination or sexual misconduct, including sexual harassment, may be made by anyone, including a person who has experienced sexual misconduct; or a third party or bystander who has information that sexual misconduct may have occurred.
• The report may be made in-person, by telephone, or by email to the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the verbal or written report.
• A report may be made any time (including during non-business hours) by submitting the reporting form available on the Office for Access and Equity website, calling (312) 996-8670, emailing titleix@uic.edu, or by mail to the Title IX Coordinator’s attention to 809 S. Marshfield Ave, Room 717, Chicago, IL 60612.

Where to Report an Incident at UIC

Individuals have the right to choose to report or not report the incident to UIC officials, on-campus or local law enforcement, or confidential services, separately or simultaneously. The report may be made to the Chicago Police Department or other local police department; the UIC, UIS, or UIUC Police Departments; UIC’s Title IX Coordinator; UIC’s Dean of Students; UIC’s Campus Advocacy Network (CAN), UIC’s Counseling Center; or local and national crisis centers.

• To report a crime off campus, contact local law enforcement by dialing 911.
• To report a crime on campus, contact the UIC Police Department at (312) 355-5555.
• To report sexual misconduct and request supportive measures or a sexual misconduct investigation, contact the Title IX Coordinator (Office for Access and Equity): Call (312) 996-8670, email titleix@uic.edu, or submit the Sexual Misconduct/Title IX Reporting Form (anonymous reporting option is available).
• To report violations of the UIC Student Conduct Code/Student Disciplinary Policy, contact the Assistant Dean of Students (Office of the Dean of Students): Call (312) 996-4857, email dos@uic.edu, or submit the Student Misconduct Incident Report Form.
• To explore your options/ask questions in a confidential setting, contact the Campus Advocacy Network (Women’s Leadership and Resource Center): Call (312) 413-8206 or email can-appointment@uic.edu.
• To report an incident for inclusion in the annual disclosure of crime statistics, contact UIC Police or submit the Anonymous (or Voluntary) Incident Reporting Form.

Additional information on resources, including counseling services or local and national crisis centers, are available in Appendix B of this report.

Preservation of Physical Evidence

It is important that you not bathe, douche, smoke, change clothing or clean the bed/linen/area where you were assaulted so that evidence may be preserved if the offense occurred within the past 96 hours, as it may be helpful for proof of criminal activity. If necessary, you can place clothing or bedding in a clean paper bag until you are able to provide the items to UIC or local law enforcement. You are also encouraged to preserve other evidence by saving text messages, instant messages, social networking pages, and other communications, and keep pictures, logs or other copies of documents, if you have any, as they could be useful for disciplinary proceedings, police investigations, and/or seeking orders of protection. Additional information on the preservation of physical evidence is located at sexualmisconduct.uic.edu/support/preserve-evidence.

Right to Receive Assistance from Campus Authorities

Individuals have the right to request and receive assistance from UIC in notifying law enforcement and in accessing and navigating on- and off-campus health and mental health services and counseling.

What Happens When a Report is Made to UIC

Reports of sexual misconduct made to Responsible Employees (including faculty and staff), the UIC Police Department, and the Dean of Students are referred to the Title IX Coordinator in the Office for Access and Equity.

When the Title IX Coordinator receives a report of sexual misconduct, whether the alleged offense occurred on or off campus, the reporter and/or Complainant will be provided with a written outreach including:

• Rights and options related to reporting the incident and requesting and receiving assistance from the university, law enforcement, confidential resources, and/or other providers;
• Summary of the university’s complaint resolution procedures, including the grievance process for Formal Complaints of Title IX Sexual Harassment;
• Availability of supportive measures, including interim safety measures, academic measures, and counseling services, with or without the filing of a Formal Complaint;
• Inquiry regarding the Complainant’s wishes with respect to supportive measures;
• Information about the individual’s rights to privacy and confidentiality;
• List of support services and resources at UIC and within the community (see Appendix B of the Annual Security and Fire Safety Report).

Supportive Measures

Supportive Measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. UIC will maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of

Supportive Measures.

Notification of the Title IX Coordinator, Policy, and Resolution Procedures

The Title IX Coordinator’s contact information and the university’s complaint resolution procedures, including the Title IX Sexual Harassment Grievance Process, will be made publicly available to the following:

• Applicants for admission;
• Students;
• Applicants for employment;
• Employees;
• Sources of referral for applicants for admission and employment;
• All unions or professional organizations with collective bargaining agreements.

The notice states that UIC does not discriminate on the basis of sex in its education programs or activities, including admissions and employment, in compliance with Title IX of the Education Amendments Act of 1972 (“Title IX”) and related laws and regulations.

The notice will also include a web link to information on how to report or file a complaint of sex discrimination and sexual misconduct, how to report or file a Formal Complaint of Title IX Sexual Harassment, and how the university will respond.

Confidentiality

For the purposes of Clery Act reporting and disclosures, no identifying information about the victim or reporting person will be disclosed in publicly available recordkeeping, such as the Daily Crime Log or the Annual Security and Fire Safety Report (ASFSR).

UIC will maintain as confidential any supportive measures provided to an individual, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the supportive measures.

If an individual requests confidentiality when reporting, UIC will take all reasonable steps to honor the request, taking into account that confidentiality may not be possible in every case given UIC’s responsibility to provide a safe environment for all members of the UIC community.

Information regarding sexual misconduct reports and investigations involving students, including any outcomes, will be shared with university employees with a legitimate educational interest or with external individuals or entities only on a need-to-know basis and only as permitted under UIC policy and applicable law.

Removal from Campus

The Title IX Coordinator may recommend the removal of a student-Respondent from UIC’s campus or education program or activity on an emergency basis, only after:

• Undertaking an individualized safety and risk analysis; and
• Determining if an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Title IX Sexual Harassment justifies removal; and
• Providing the Respondent with notice and an opportunity to challenge the decision immediately following the removal while respecting all rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act, as applicable.

The Title IX Coordinator may recommend the placement of an employee-Respondent on paid administrative leave during the pendency of a grievance process under existing procedures, without modifying any rights provided under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.

Reports Involving Other University of Illinois Affiliated Individuals

If a report involves a University of Illinois Springfield (UIS) or University of Illinois Urbana-Champaign (UIUC) student- or employee- Complainant or Respondent, then UIC, UIS, and UIUC will coordinate with the appropriate Title IX Coordinator for investigation and/or Dean of Students or supervisory authority for adjudication.

Title IX Sexual Harassment Grievance Process

Overview

For all reports or complaints alleging “Title IX Sexual Harassment” as defined in the comprehensive policy, UIC will use this grievance process. Processing a report or complaint under the Title IX Sexual Harassment Grievance Process does not preclude processing some or all allegations of a report or complaint under other policies and procedures, to the extent allowed by Title IX and other laws and applicable policies.

For all other reports or complaints of sexual misconduct other than Title IX Sexual Harassment, the “Sexual Misconduct Grievance Process” will be used.

If the regulations implementing Title IX at 85 Fed. Reg. 30026, 30026-30579 are enjoined or invalidated by a Federal Court with jurisdiction over the university or reversed or replaced by any agency with sufficient authority, the Sexual Misconduct Grievance Process will immediately begin to apply to all reports and complaints of sexual misconduct, including Title IX Sexual Harassment, and the Title IX Sexual Harassment Process will immediately be inoperative unless and until any such injunction, invalidation, reversal, or replacement is overturned.

Determination of Responsibility

The Respondent is presumed to not be responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process by a preponderance of evidence.

If there is a determination of responsibility against the Respondent, the Complainant will be provided with equitable remedies. Remedies are designed to restore or preserve equal access to the university’s education program or activity. Post-determination remedies may include the same supportive measures that are available prior to or after a Formal Complaint and can also be disciplinary or punitive toward the Respondent.

Impartiality of Officials

All individuals involved in the grievance process, including the Title IX Coordinator, investigators, hearing officer(s)/panel(s) will be reviewed to ensure there is not a conflict of interest or bias for or against Complainants or Respondents generally, or an individual Complainant or Respondent.

Evaluation of Evidence

All individuals involved in the grievance process, including the Title IX Coordinator, investigators, and hearing officer(s)/panel(s), will objectively evaluate all relevant evidence – including both inculpatory and exculpatory evidence – and determine credibility without respect to a person’s status as a Complainant, Respondent, or witness.

Evidentiary Standard

The evidentiary standard for the grievance process is preponderance of the evidence, which means more likely than not. This evidentiary standard is applied uniformly for all Formal Complaints of Title IX Sexual Harassment against students and employees, including faculty.

Time Frames

Whenever possible, Formal Complaints are addressed within 130 days of filing, including completing the investigation and any process to adjudicate the allegations and, if appropriate, consider sanctions, unless UIC reasonably determines for good cause that additional time is required. Good cause may include, but is not limited to, the unavailability of a party, a party’s advisor, or a witness; concurrent law enforcement activity; complying with collective bargaining agreements, complying with other legal requirements, or the need for language assistance or accommodation of disabilities. In such cases, UIC simultaneously provides written notice of the delay and the reason for it to the Complainant and the Respondent.

Subject to the extension of time frames for good cause, the following time frames apply:

• Informal Resolution will be concluded within 20 days of commencement of the informal resolution unless extended by the parties;
• Investigative Report will be provided within 60 days of receipt of the Formal Complaint;
• Written Decision will be provided within 60 days of receipt of the final written responses and evidence from the parties; and
• Appeal Decision will be issued within 30 days of receipt of the notice of appeal.

Concurrent Court Proceedings

The Title IX Coordinator will not wait for the conclusion of any criminal investigation or proceedings, including civil proceedings, before beginning the grievance process. The Investigator may, however, need to temporarily delay the evidence gathering portion of an investigation while the police are gathering evidence. In such cases, UIC simultaneously provides written notice of the delay and the reason for it to the Complainant and the Respondent. As soon as it is appropriate to proceed, the Investigator will promptly resume and complete the investigation. UIC may take immediate steps to protect the educational setting at any time if it determines such steps are necessary.

Formal Complaint

The Title IX Coordinator may decide to consolidate multiple Formal Complaints in instances when:

• There are allegations of Title IX Sexual Harassment against more than one Respondent; or
• There are allegations by more than one Complainant against one or more Respondents; or
• The allegations of Title IX Sexual Harassment arise out of the same facts or circumstances.

The Complainant may also request that a Formal Complaint not be pursued. The Title IX Coordinator or designee will make every effort to respect the request, as well as evaluate the request in the context of UIC’s responsibility to provide a safe and non-discriminatory environment for the UIC community. The Complainant will be informed that honoring the request may limit UIC’s ability to fully respond to the alleged incident. Even if UIC cannot initiate the conduct review process for the Respondent, UIC may pursue other steps to limit the effects of the alleged conduct and prevent its recurrence.

Dismissal of a Formal Complaint

A Formal Complaint of Title IX Sexual Harassment must be dismissed with respect to allegations of Title IX Sexual Harassment by the Title IX Coordinator within 5 days of the receipt of a Formal Complaint or within 5 days of discovering that:

• The conduct alleged in the Formal Complaint would not constitute Title IX Sexual Harassment, as defined, even if proved; or
• The conduct alleged did not occur in UIC’s education program or activity; or
• The conduct alleged did not occur against a person in the United States; or
• At the time of filing a Formal Complaint, a Complainant is not participating in or attempting to participate in the education program or activity of UIC.

A Formal Complaint of Title IX Sexual Harassment or any allegation therein may be dismissed by the Title IX Coordinator at any time during the grievance process if:

• The Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein; and/or
• The Respondent is no longer enrolled or employed by the university; and/or
• Specific circumstances prevent the Title IX Coordinator or designee from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.

Upon a required or permitted dismissal, the Title IX Coordinator will promptly send written notice of the dismissal and reason(s) for the dismissal to the parties simultaneously.

If a Formal Complaint of Title IX Sexual Harassment or any allegation therein is dismissed, UIC and Complainants may seek to address the alleged conduct under other applicable UIC processes, including the Office for Access and Equity’s Sexual Misconduct Grievance Process or the Dean of Students Student Disciplinary Policy.

Notice of Investigation

Upon receipt of a Formal Complaint, and if the Formal Complaint is not dismissed, the Title IX Coordinator will provide the following written notice to the parties who are known:

• Notice of the university’s Title IX Sexual Harassment Grievance Process, including any informal resolution process.
• Notice of the allegations of Title IX Sexual Harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview, which in no case shall be conducted within less than 24 hours of the notice, including:

• The identities of the parties involved in the alleged incident, if known;
• The conduct allegedly constituting Title IX Sexual Harassment;
• The date and location of the alleged incident, if known;
• A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
• A statement that a determination regarding responsibility is made at the conclusion of the grievance process;

• Notice to the parties that they may have an advisor of their choice, who can be, but is not required to be, an attorney;
• Notice to the parties that their advisor may inspect and review evidence obtained during the investigation;
• Notice of the relevant prohibitions on knowingly making false statements or knowingly submitting false information during the grievance process; however, a determination of responsibility, alone is not sufficient to conclude that a party made a false statement.

If applicable to an investigation, an updated written notice will be provided to the Respondent of any additional allegations added after the initial notice to the parties whose identities are known.

Informal Resolution Process

After the filing of a Formal Complaint of Title IX Sexual Harassment and at any time prior to reaching a determination regarding responsibility, the parties may opt for UIC to facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication.

UIC will not require that parties participate in an informal resolution process in lieu of an investigation and adjudication. Participation in an informal resolution is a voluntary decision. Informal resolution will not be offered or available to resolve allegations that an employee sexually harassed a student.

Participation in informal resolution, rather than an investigation and adjudication, will not be required as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, or construed as constituting a waiver of the right to an investigation and adjudication of Formal Complaints of Title IX Sexual Harassment consistent with this procedure.

Prior to the commencement of an informal resolution process, the parties will receive a written notice disclosing:

• The allegations of the Formal Complaint;
• The requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a Formal Complaint arising from the same allegations;
• At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the Formal Complaint;
• Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; and
• That the parties must provide their voluntary written consent to the informal resolution process.

Conflict of Interest

If informal resolution is requested, a conflicts review will be conducted to ensure that the facilitator by UIC to facilitate the informal resolution does not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

Title IX Investigative Process

Collection of Evidence

Throughout the investigation of allegations in a Formal Complaint, the parties will have an equal opportunity to present witnesses, including fact and expert witnesses, and provide inculpatory and exculpatory evidence. UIC will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility will be with the Title IX Coordinator and designee(s) and not with the Complainant or Respondent.

Advisors and Support Persons

The parties will be provided with the same opportunities to have other individuals, such as a support person, attend any grievance process meeting and hearing, including a parent, a family member, a friend, a colleague, or a union representative.

The parties are strongly encouraged and will be allowed to have an advisor of their choice accompany them to any meeting or hearing related to an allegation of Title IX Sexual Harassment.

During the investigative process, the advisor’s role is solely limited to providing advice, guidance, and support to the party. The advisor will not be permitted to provide a statement on behalf of the party. If the advisor violates the rules or engages in behavior or advocacy that harasses, abuses, or intimidates either party, a witness, or an individual resolving the complaint, that advisor may be prohibited from further participation.

1. Interview of Complainant and Respondent

The investigative process is conducted by one or more investigators designated by the Title IX Coordinator. The Title IX Coordinator may also participate in an investigation as an investigator if deemed necessary by the Associate Chancellor for the Office for Access and Equity. When the Title IX Coordinator is assigned as an investigator, the Associate Chancellor for the Office for Access and Equity will serve in the usual and customary role of the Title IX Coordinator until such time the investigation is complete. The investigator is responsible for contacting and interviewing the Complainant, any Complainant witnesses, the Respondent, any Respondent witnesses, and any witnesses the investigator deems necessary.

The investigator will meet separately with the Complainant and Respondent. During each meeting, and to the extent information has not been previously shared, the investigator will provide the following information to the Complainant, Respondent, and witnesses:

• UIC’s Sexual Misconduct Policy;
• Overview of the investigative process;
• Summary of procedural rights in the investigative process;
• Option to have an advisor and/or support person present;
• Option to request supportive measures;
• List of available support resources on campus; and
• Prohibition of retaliation.

The investigator will ask for all information relevant to the allegations. For both parties, this is their opportunity to present any information regarding the alleged incident, including names of witnesses, the existence of documents, emails, text messages, or recordings, or any other information the parties feel may be relevant.

2. Interviews of Witnesses and Collection of Relevant Information

As part of the investigation, the investigator may conduct additional investigative and witness interviews as appropriate and review all available relevant evidence. This may include reviewing student and/or personnel files and reviewing law enforcement documents or evidence.

The university cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the university obtains that party’s voluntary, written consent to do so for a grievance process.

3. Review of Investigative Report and Evidence

The Investigator shall provide the Complainant and Respondent an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a Formal Complaint, including the evidence upon which UIC does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. To that end, upon conclusion of the collection of evidence, including all relevant interviews, and prior to completion of the investigative report, the university will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy format. The Complainant and Respondent will be given 10 days to review the evidence, subject to applicable privacy laws, and provide a written response, which the investigator will consider prior to completion of the investigative report.

After the 10-day period has ended, the investigator will prepare an investigative report that fairly summarizes all of the evidence collected, including any additional statements provided by the parties as part of their written response. At least 10 days prior to a hearing or other time of determination regarding responsibility, the investigator shall send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response.

The Title IX Coordinator will then refer the Formal Complaint, the investigative report, and any written responses to the report submitted by the parties, to the respective hearing officer. The referral will be transmitted simultaneously to the Complainant, Respondent, and their advisors, if identified.

Whether included as relevant in the investigative report or not, the Title IX Coordinator will make all evidence subject to the parties’ inspection and review available at any hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.

Title IX Hearing Procedures for Student-Respondent

The investigative report will be provided to the Dean of Students for a live hearing in accordance with these procedures and the Student Disciplinary Policy for a determination regarding responsibility and determination of whether the alleged conduct constitutes a violation of the UIC Sexual Misconduct Policy.

If the Hearing Panel finds, by a preponderance of the evidence, that the Respondent is responsible for Title IX Sexual Harassment, it may impose any combination of the sanctions set forth in the Student Code of Conduct, as appropriate.

Additional information regarding the Office of the Dean of Students’ Student Disciplinary Policy, hearing process, and appeals process can be found at go.uic.edu/SDP and is described later in this section of the report.

Title IX Hearing Procedures for Employee-Respondent

Scheduling

Following the submission of the investigative report to the respective hearing officer decision-maker (“hearing officer”), a live hearing in accordance with these procedures will be scheduled at a time that is mutually agreeable to Complainant, Respondent, and their respective advisors. The Title IX hearing will be scheduled at least 10 days after the transmittal of the referral.

Title IX hearings may be conducted with all parties physically present in the same geographic location or, at the university’s discretion, any or all parties, witnesses, and other participants may appear at the hearing virtually, with technology enabling participants simultaneously to see and hear each other. For hearings conducted with all parties physically present in the same geographic location, at the request of either party, the university will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the hearing officer(s) and parties to simultaneously see and hear the party or the witness answering questions.

Hearing Officer(s)

The Title IX Coordinator will identify the hearing officer(s) for the Title IX hearing. The hearing officer(s) will not be the same person(s) as the Title IX Coordinator or the investigator(s).

If there is one hearing officer, the person will simultaneously serve as the hearing chair. If there is more than one hearing officer, one of the hearing officers will be selected as the hearing chair. The hearing chair will make determinations of relevancy on all cross-examination questions before the relevant party or witness answers the question.

The Complainant and Respondent will receive notice of the appointment of the hearing officer(s) and have the opportunity to request a substitution if the participation of a hearing officer poses a conflict of interest.

Advisors

If a party does not have an advisor for the hearing, the university will provide an advisor without fee or charge to that party solely for the purpose of conducting cross-examination on behalf of that party. The selection of the advisor will be within the university’s discretion and is not required to be an attorney. The party’s advisor will be responsible for conducting cross-examination on behalf of that party.

Support Person

In addition to an advisor, a party may choose to have a support person present at the hearing. The support person may be a friend, family member, spouse, advocate, or any other individual who is not a witness in the investigation. The roles of the support person or advocate will be limited to offering or providing support to a party; the support person will not have a speaking role during the Title IX hearing.

Reasonable Accommodations

Any party or other individual who will be present for the hearing may submit a request for disability-related accommodations to the Title IX Coordinator. The requests should be made in a timely manner prior to the hearing to arrange for reasonable accommodations.

Recording

An audio recording will be made of any Title IX hearing and, upon request, be available to the Complainant and Respondent for inspection and review at the Office for Access and Equity during regular business hours. Any unauthorized recording of the hearing is strictly prohibited and may result in separate disciplinary proceedings.

Title IX Live Hearing Process

Introduction/Reading of Allegations

The hearing chair will convene the hearing by requesting that all individuals who are present state their identity. The hearing chair will then read the alleged violations as identified by the Title IX Coordinator.

Opening Statements

The Complainant, and then the Respondent, will be invited to make a brief opening statement (1-3 minutes) for the purpose of providing the hearing officer(s) with a short summary of their positions relevant to the Formal Complaint and the evidence and/or witnesses to be presented.

Presentation of Investigative Report

The Title IX Coordinator or designee will present a summary of the investigative report. The Complainant, and Respondent, and the hearing officer(s) will have an opportunity to ask questions to the Title IX Coordinator or designee related to the investigative report. The Title IX Coordinator or designee will remain for the duration of the hearing.

Presentation of Evidence and Cross-Examination

The Complainant, and then Respondent, will present to the hearing officer(s) any and all relevant information, evidence, and witnesses to support their positions. Witnesses will only be present at the hearing while providing their testimony and answering any questions.

Following the testimony of each participant, the hearing officer(s) will permit the non-presenting party’s advisor to ask all relevant questions and follow-up questions, including those challenging credibility.

Cross-examination of a party must be conducted directly, orally, and in real time by the other party’s advisor of choice and never by the other party personally. Advisors will only be permitted to speak during cross-examination period.

Only relevant cross-examination and other questions may be asked of a party or witness. Before a Complainant, Respondent, or witness answers a cross-examination question, the hearing officer(s) must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant unless such questions and evidence are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant or such questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

If a Complainant, Respondent, or witness does not submit to cross-examination (i.e. answer those cross-examination questions that are relevant as determined by the hearing chair) at the Title IX hearing, the hearing officers(s) must not rely on any statement of that party or witness in reaching a determination regarding responsibility.

If a Complainant, Respondent, or witness is absent from the hearing or refuses to answer cross- examination or other questions, the hearing officer(s) cannot draw an inference about the determination regarding responsibility based solely on the individual’s absence or refusal to answer cross-examination or other questions.

Closing Statements

The Complainant, and then the Respondent, may each make a brief closing statement (1-3 minutes). The closing statement should be a short summary of the materials and information presented during the hearing and any relevant information that the party would like to share with the hearing officer(s).

Executive Session

The hearing chair will excuse all participants and attendees of the hearing and enter into executive session during which the hearing officer(s) will assess the information presented and make a determination.

Sanctions

The range of possible sanctions for employee-Respondents determined to be responsible for Title IX Sexual Harassment includes oral warnings, written warnings, or reassignment. Sanctions may also include initiation of processes to effectuate a demotion, paid or unpaid suspension, severe sanctions less than dismissal, discharge, and/or termination.

Determination

After the conclusion of the hearing, the hearing officer(s) will issue a written determination regarding Respondent’s responsibility by using the preponderance of evidence standard.

The written determination will include:

• Identification of the allegations potentially constituting Title IX Sexual Harassment;
• A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
• Findings of fact supporting the determination regarding responsibility;
• Conclusions regarding the application of UIC’s policies to the facts;
• 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, including relevant employment opportunities, will be provided by the university to the Complainant.

• The university’s procedures and permissible bases for the Complainant and the Respondent to appeal.

The Title IX Coordinator will provide the written determination of the hearing officer(s) to the parties simultaneously. The determination regarding responsibility becomes final either on the date that the Title IX Coordinator provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

The Title IX Coordinator is responsible for effective implementation of any remedies.

Appeal Process

Either party may appeal a determination regarding responsibility, and a dismissal of a Formal Complaint or any allegations therein, on any of the following bases:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
• The Title IX Coordinator, investigator(s), or hearing officers(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent, which affected the outcome of the matter.

The decision-maker(s) for the appeal (“appeal officer”) will not be the same person as the hearing officer(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator.

The appeal officer will notify the other party in writing when an appeal is filed and implement appeal procedures that apply equally for all parties. The parties will be provided with a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome.

After review, within 30 days, the appeal officer will issue a written decision describing the result of the appeal and the rationale for result. The Title IX Coordinator will provide the written determination of the appeal officer(s) to the parties simultaneously.

Recordkeeping

The university will maintain for a period of 7 years the records of:

• Each Title IX Sexual Harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript;
• Any disciplinary sanctions imposed on the Respondent;
• Any remedies provided to the Complainant designed to restore or preserve equal access to the university’s education program or activity;
• Any appeal and the result therefrom; and
• Any informal resolution and the result therefrom.

The university will also maintain, for a period of not less than 7 years, all materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. The university makes these training materials publicly available on its website.

The university will maintain, for a period of 7 years, records of any actions, including any supportive measures, taken in response to a report or Formal Complaint of Title IX Sexual Harassment. In each instance, the Title IX Coordinator or designee will document the basis for the conclusion that the university’s response was not deliberately indifferent, and document that the university has taken measures designed to restore or preserve equal access to the university’s education program or activity. If the university does not provide a Complainant with supportive measures, then the university will document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the university in the future from providing additional explanations or detailing additional measures taken.

Sexual Misconduct Grievance Process

Overview

For all reports or complaints alleging sexual misconduct that are outside the scope of “Title IX Sexual Harassment” as defined above, UIC will use this Sexual Misconduct Grievance Process. Processing a report or complaint under the Sexual Misconduct Grievance Process does not preclude processing some or all allegations of a report or complaint under other policies and procedures, to the extent allowed by applicable policies and laws.

Remedies

If there is a determination of responsibility against the Respondent, the Complainant may be provided with equitable remedies. Remedies are designed to restore or preserve equal access to the university’s education program or activity. Post-determination remedies may include the same supportive measures that are available prior to or after a Signed Complaint and can also be disciplinary or punitive toward the Respondent.

Impartiality of Officials

All individuals involved in the grievance process, including the Title IX Coordinator and investigators, will be reviewed to ensure there is not a conflict of interest or bias for or against Complainants or Respondents generally, or an individual Complainant or Respondent.

Evaluation of Evidence

All individuals involved in the grievance process, including the Title IX Coordinator, investigators, and hearing officer(s)/panel(s), will objectively evaluate all relevant evidence – including both inculpatory and exculpatory evidence – and determine credibility without respect to a person’s status as a Complainant, Respondent, or witness.

Evidentiary Standard

The evidentiary standard for the grievance process is preponderance of the evidence, which means more likely than not or 51%. This evidentiary standard is applied uniformly for all Signed Complaints of sexual misconduct against students and employees, including faculty.

Time Frames

Whenever possible, Signed Complaints are addressed within 130 days of filing, including completing the investigation and any process to adjudicate the allegations and, if appropriate, consider sanctions, unless UIC reasonably determines for good cause that additional time is required. Good cause may include, but is not limited to, the unavailability of a party, a party’s advisor, or a witness; concurrent law enforcement activity; complying with collective bargaining agreements, complying with other legal requirements, or the need for language assistance or accommodation of disabilities.

Concurrent Court Proceedings

The Title IX Coordinator will not wait for the conclusion of any criminal investigation or proceedings, including civil proceedings, before beginning the grievance process. The Investigator may, however, need to temporarily delay the evidence gathering portion of an investigation while the police are gathering evidence. In such cases, UIC simultaneously provides written notice of the delay and the reason for it to the Complainant and the Respondent. As soon as it is appropriate to proceed, the Investigator will promptly resume and complete the investigation. UIC may take immediate steps to protect the educational setting at any time if it determines such steps are necessary.

Signed Complaint

The Title IX Coordinator may decide to consolidate multiple Signed Complaints in instances when:

• There are allegations of sexual misconduct against more than one Respondent; or
• There are allegations by more than one Complainant against one or more Respondents; or
• The allegations of sexual misconduct arise out of the same facts or circumstances.

The Complainant may also request that a Signed Complaint not be pursued. The Title IX Coordinator or designee will make every effort to respect the request, as well as evaluate the request in the context of UIC’s responsibility to provide a safe and non-discriminatory environment for the UIC community. The Complainant will be informed that honoring the request may limit UIC’s ability to fully respond to the alleged incident. Even if UIC cannot initiate the conduct review process for the Respondent, UIC may pursue other steps to limit the effects of the alleged conduct and prevent its recurrence.

Dismissal of a Signed Complaint

A Signed Complaint of sexual misconduct may be dismissed by the Title IX Coordinator for any of the following reasons:

• The Title IX Coordinator determines that the conduct alleged in the Signed Complaint would not constitute sexual misconduct, as defined, even if proved; or
• At the time of filing a Signed Complaint, a Complainant is not participating in or attempting to participate in the education program or activity of UIC; or
• The Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Signed Complaint or any allegations therein; or
• The Respondent is no longer enrolled or employed by the university; or
• Specific circumstances prevent the Title IX Coordinator or designee from gathering evidence sufficient to reach a determination as to the Signed Complaint or allegations therein.

Upon a dismissal, the Title IX Coordinator will promptly send written notice of the dismissal and reason(s) for the dismissal to the parties simultaneously.

If a Signed Complaint of sexual misconduct is dismissed, UIC and/or Complainants may seek to address the alleged conduct under other applicable UIC processes, including the Dean of Students Student Disciplinary Policy and the University of Illinois Code of Conduct.

Notice of Investigation

Upon receipt of a Signed Complaint, and if the Signed Complaint is not dismissed, the Title IX Coordinator will provide the following written notice to the parties who are known:

• Notice of the university’s Sexual Misconduct Grievance Process, including any informal resolution process.
• Notice of the allegations of sexual misconduct, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview, which in no case shall be conducted within less than 24 hours of the notice, including:
• The identities of the parties involved in the alleged incident, if known;
• The conduct allegedly constituting sexual misconduct;
• The date and location of the alleged incident, if known;
• Notice to the parties that they may have an advisor of their choice, who can be, but is not required to be, an attorney;
• Notice of the relevant prohibitions on knowingly making false statements or knowingly submitting false information during the grievance process; however, a determination of responsibility, alone is not sufficient to conclude that a party made a false statement.

If applicable to an investigation, an updated written notice will be provided to Respondent of any additional allegations added after the initial notice to the parties whose identities are known.

Sexual Misconduct Signed Complaint Investigative Process

Collection of Evidence

Throughout the investigation of allegations in a Signed Complaint, the parties will have an equal opportunity to present witnesses, including fact and expert witnesses, and provide inculpatory and exculpatory evidence. UIC will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.

Advisors and Support Persons

The parties will be provided with the same opportunities to have other individuals, such as a support person, attend any grievance process meeting and hearing, including a parent, a family member, a friend, a colleague, or a union representative.

The parties are strongly encouraged and will be allowed to have an advisor of their choice accompany them to any meeting or hearing related to an allegation of sexual misconduct.

During the investigative process, the advisor’s role is solely limited to providing advice, guidance, and support to the party. The advisor will not be permitted to provide a statement on behalf of the party. If the advisor violates the rules or engages in behavior or advocacy that harasses, abuses, or intimidates either party, a witness, or an individual resolving the complaint, that advisor may be prohibited from further participation.

1. Interview of Complainant and Respondent

The investigative process is conducted by one or more investigators designated by the Title IX Coordinator. The Title IX Coordinator may also participate in an investigation as an investigator if deemed necessary by the Associate Chancellor for the Office for Access and Equity. When the Title IX Coordinator is assigned as an investigator, the Associate Chancellor for the Office for Access and Equity will serve in the usual and customary role of the Title IX Coordinator until such time the investigation is complete. The investigator is responsible for contacting and interviewing the Complainant, any Complainant witnesses, the Respondent, any Respondent witnesses, and any witnesses the investigator deems necessary.

The investigator will meet separately with the Complainant and Respondent. During each meeting, and to the extent information has not been previously shared, the investigator will provide the following information to the Complainant, Respondent, and witnesses:

• UIC’s Sexual Misconduct Policy;
• Overview of the investigative process;
• Summary of procedural rights in the investigative process;
• Option to have an advisor and/or support person present;
• Option to request supportive measures;
• List of available support resources on campus; and
• Prohibition of retaliation.

The investigator will ask for all information relevant to the allegations. For both parties, this is their opportunity to present any information regarding the alleged incident, including names of witnesses, the existence of documents, emails, text messages, or recordings, or any other information the parties feel may be relevant.

2. Interviews of Witnesses and Collection of Relevant Information

As part of the investigation, the investigator may conduct additional investigative and witness interviews as appropriate and review all available relevant evidence. This may include reviewing student and/or personnel files and reviewing law enforcement documents or evidence.

The university cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the university obtains that party’s voluntary, written consent to do so for a grievance process.

Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant unless such questions and evidence are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant or such questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

3. Review of Evidence

The Investigator shall provide the Complainant and Respondent an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a Signed Complaint. To that end, upon conclusion of the collection of evidence, including all relevant interviews, and prior to completion of the investigation, the university will send to each party the evidence subject to inspection and review in an electronic format or a hard copy format. The Complainant and Respondent will be given 10 days to review the evidence, subject to applicable privacy laws, and provide a written response, which the investigator will consider prior to completion of the investigation. After the 10-day period has ended, the investigator will prepare an evidence packet that fairly summarizes all of the evidence collected, including any additional statements provided by the parties as part of their written response.

Sexual Misconduct Adjudication

For Employee-Respondents

After the conclusion of the investigation, the investigator will issue a written determination regarding Respondent’s responsibility by using the preponderance of evidence standard. Prior to being issued, the investigator’s written determination will be subject to an internal review by the Title IX Coordinator within the Office for Access and Equity.

The written determination will include:

• Identification of the allegations potentially constituting sexual misconduct;
• Findings of fact supporting the determination regarding responsibility;
• Conclusions regarding the application of UIC’s policies to the facts;
• A statement of, and rationale for, the determination regarding responsibility as to each allegation;
• The university’s procedures and permissible bases for the Complainant and the Respondent to appeal.

The Title IX Coordinator will provide the written determination to the parties simultaneously. The determination regarding responsibility becomes final either on the date that the Title IX Coordinator provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely. If the Respondent is found responsible for violating the UIC Sexual Misconduct Policy, the written determination will be referred to the appropriate supervisor, unit head, Vice Chancellor, or other relevant administrator for appropriate employment action in accordance with applicable employment laws, policies, practices, and agreements.

The Title IX Coordinator is responsible for effective implementation of any remedies.

For Student-Respondents

After the conclusion of the investigation, the investigator will issue a written recommendation regarding Respondent’s responsibility by using the preponderance of evidence standard. The investigator will recommend either a finding of a violation of the UIC Sexual Misconduct Policy or a finding of no violation of the UIC Sexual Misconduct Policy. Prior to being issued, the investigator’s written recommendation will be subject to an internal review by the Title IX Coordinator within the Office for Access and Equity.

The written recommendation will include:

• Identification of the allegations potentially constituting sexual misconduct;
• The evidence packet; and
• A statement of, and rationale for, the investigator’s recommendation regarding responsibility as to each allegation.

The Title IX Coordinator will provide the written recommendation to the parties simultaneously. The written recommendation will also be referred to the Office of the Dean of Students for a hearing in accordance with the Student Disciplinary Policy for determination of whether the Respondent is responsible for a violation of the UIC Sexual Misconduct Policy. The Office of the Dean of Students is not bound by, nor is it required to adopt, the recommendation of the Title IX investigator.

Additional information regarding the Office of the Dean of Students’ Student Disciplinary Policy, hearing process, and appeals process can be found at go.uic.edu/SDP and is described later in this section of the report.

The Title IX Coordinator is responsible for effective implementation of any remedies.

Sexual Misconduct Appeal Process for Employee-Respondents

Either party may appeal a determination regarding responsibility, and a dismissal of a Signed Complaint or any allegations therein, on any of the following bases:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
• The Title IX Coordinator or investigator(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent, which affected the outcome of the matter.

The decision-maker(s) for the appeal (“appeal officer”) will not be the same person as the investigator(s), or the Title IX Coordinator.

The appeal officer will notify the other party in writing when an appeal is filed and implement appeal procedures that apply equally for all parties. The parties will be provided with a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome.

After review, within 30 days, the appeal officer will issue a written decision describing the result of the appeal and the rationale for result. The Title IX Coordinator will provide the written determination of the appeal officer(s) to the parties simultaneously.

Student Disciplinary Proceedings

The following describes relevant information regarding UIC student disciplinary proceedings as they are described in the UIC Student Disciplinary Policy. The Student Disciplinary Policy governs the Chicago campuses as well as the regional sites of the University of Illinois Chicago. Please review the Student Disciplinary Policy in whole for comprehensive information about the student conduct process. Copies of the Student Disciplinary Policy are available from the Office of the Dean of Students and online.

Sexual Misconduct Investigation and Hearing Guidelines

UIC will conduct hearings to address complaints of sexual misconduct following these procedures from Article VIII of the Student Disciplinary Policy. Sexual misconduct includes quid pro quo harassment, hostile environment harassment, sexual assault, dating violence, domestic violence, stalking, sexual violence, and sexual exploitation.

A. Sexual Misconduct Complaints

Filing Complaints of Sexual Misconduct

Complaints filed with the Dean of Students involving allegations of sexual misconduct are referred to the Title IX Coordinator in the Office of Access and Equity. The Dean of Students or Title IX Coordinator may implement supportive measures prior to, during, and/or upon the completion of the sexual misconduct investigation.

• Interim measures for reports of sexual misconduct are known as supportive measures and will be implemented in coordination with the Title IX Coordinator and subject to the limitations set forth in the Comprehensive Policy and Procedures for Sexual Misconduct Grievance Process.

B. Sexual Misconduct Investigations

Investigations of sexual misconduct will be handled according to the Comprehensive Policy and Procedures for Sexual Misconduct Grievance Process. Once the investigation is completed and unless the complaint is dismissed, the investigator will refer the matter to the Dean of Students for adjudication in accordance with the Student Disciplinary Policy.

C. Hearing Guidelines and Information

Sexual misconduct hearings shall proceed consistent with the following guidelines:

1. Evidence review: The Parties shall have an opportunity to review the relevant and not otherwise impermissible evidence in advance of the live hearing.

2. Live hearing

• Location: The live hearing may be conducted with the parties physically present in the same geographic location or with the parties physically present in separate locations, with technology enabling the student conduct committee and parties to simultaneously see and hear the party or the witness while that person is speaking.
• Questioning of Parties and Witnesses:

• The Chair and members of the Student Conduct Committee will have an opportunity to ask questions to Parties and witnesses during the live hearing that are relevant and not otherwise impermissible. They may also question the parties and witnesses to adequately assess their credibility, to the extent that credibility is both in dispute and relevant to evaluating one or more of the allegations.
• Parties may propose to the Chair such questions that the party wants asked of any party or witness and have those questions asked by the Chair when the Chair determines that the questions are relevant and not otherwise impermissible. Prior to excluding a proposed question, the Chair will explain the decision to exclude the question as not relevant or not otherwise permissible. If the Chair decides that questions are unclear or harassing, then the party proposing the question will have an opportunity to revise the question. The Chair will determine whether the revision sufficiently clarifies or revises a question such that it is no longer unclear or harassing and will then pose the sufficiently revised questions.

• Record: The University will create an audio or audiovisual recording or transcript of the live hearing and make it available to the parties for inspection and review upon request.

D. Protection from Retaliation

Retaliation for participation in the process is prohibited by university policy and will be addressed pursuant to the Comprehensive Policy and Procedures for Sexual Misconduct Grievance Process.

E. Timeliness of Process

There are many factors that may affect the length of time needed to complete various portions of the resolution process fairly and equitably. Once the sexual misconduct investigation is complete, the Dean of Students will move to schedule a hearing as soon as all parties are available to participate, but not sooner than ten (10) days from the date the parties and their advisors, if any, receive the sexual misconduct investigation evidence.

F. Request for Delays

Requests for delays will be considered on a case by case basis, but are typically not be granted in sexual misconduct cases

G. Notice

Complainants and Respondents will be provided with written notice of the hearing date, time, location, identity of participants, and purpose of the hearing prior to the hearing date. The notice will include a description of the procedures to be followed at the hearing. The Respondent and Complainant both have the opportunity to provide written statements about the incident prior to the hearing but must provide those statements by the stated deadline(s).

H. Amnesty Provision for Alcohol/Drug

To encourage reporting, the university will not pursue disciplinary actions for alcohol/drug violations against a student making a good faith report of sexual misconduct. The university may utilize educational responses as appropriate through the Dean of Students.

I. Advisors for Sexual Misconduct Hearings

Prior to the sexual misconduct hearing, the Complainant and Respondent may each choose an advisor, which may but need not be an attorney, to accompany them to the hearing. If a party chooses to have an advisor present with them, the party must notify the university of the name and contact information for their advisor at least 5 days in advance of the hearing.

Support Person/Advocate for Sexual Misconduct Hearings

The Respondent and Complainant are allowed to bring a support person as described in Article VII, Part A, Subsection 4 of the Student Disciplinary Policy, in lieu of or in addition to the advisor as described above.

J. Considerations of Evidence

• The Student Conduct Committee cannot draw an inference about whether sexual misconduct occurred based solely on a party’s or witness’s absence from the hearing or refusal to respond to questions. The Student Conduct Committee will consider all relevant and not otherwise impermissible evidence presented at the hearing. The Chair makes relevancy/permissibility determinations regarding offered evidence.
• Impermissible Evidence: The Student Conduct Committee will not require, allow, consider, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of the following:

• Information protected under a legally recognized privilege or was provided to a Confidential Employee, unless the person who is owed such privilege has voluntarily waived the privilege.
• A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, UNLESS the recipient obtains that party’s or witness’s voluntary, written consent for use in these proceedings.
• Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, UNLESS evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment.

K. Sexual Misconduct Hearing Committee

Members of the Student Conduct Committee who serve in hearings related to sexual misconduct will consist of those members who have received specialized training consistent with the requirements of applicable law. Members of the Student Conduct Committee may not participate as hearing committee members in any hearing where they were otherwise involved in the sexual misconduct investigation or any previous complaint resolution procedures associated with the allegations being considered in that hearing. The Complainant and Respondent will receive notice prior to the Student Conduct Hearing of the Student Conduct Committee members and Chair in their proceeding and will have the opportunity to request a substitution if any said member has a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

Student Conduct Hearing Procedures

Hearing proceedings will follow the format described below, from Article IX, Part B of the Student Disciplinary Policy, and, for hearings involving allegations of sexual misconduct, as supplemented or amended by the procedures for Sexual Misconduct Hearings in Article VIII of the Student Disciplinary Policy. The hearing is not conducted as a civil or criminal proceeding and consequently strict rules of evidence do not apply. At the sole discretion of the Chair/Student Conduct Committee members, changes may be made to the hearing format to accommodate special circumstances. It is within the sole discretion of the Student Conduct Committee and Chair to determine the relevance of any information, materials, or testimony, and to refuse to direct questions to the parties/witness and/or refuse to accept information, materials, or testimony it considers immaterial or irrelevant, and otherwise impermissible. The Student Conduct Committee hearing will utilize the following format:

1. Introduction/Reading of Alleged Violations

The Chair of the Student Conduct Committee will convene the hearing by requesting that all individuals present state their identity. The Chair will then read the alleged violations of the Standards of Conduct.

2. Opening Statements

The Complainant and Respondent may each make a brief opening statement for the purpose of providing the hearing committee with a short summary of their positions relevant to the complaint and the materials/witnesses to be presented.

3. Presentation of Evidence

The Complainant and Respondent may formally present to the hearing committee any and all information, materials, and witness testimony to support his/ her position. In cases involving allegations of sexual misconduct, a Title IX Investigator will present the investigation report to the hearing committee as well and will be present for the entire hearing.

4. Questioning of Parties/Witnesses/Investigator

Following the presentation of each individual (Complainant, Respondent, investigator, and witnesses), questions will be posed first by the committee, then by the opposing party. All questions from one party directed to the other must be made through the Chair. The hearing committee, through the Chair, may recall anyone who provided testimony. Once all information, materials and testimony have been presented, the hearing committee, Complainant and Respondent are provided with a final opportunity to ask additional questions or provide additional information to the Student Conduct Committee.

5. Closing Statements

The Complainant and Respondent may each make a closing statement. The closing statement should be a short summary of the materials and information presented during the hearing and any relevant information that the student would like to share with the hearing committee.

6. Executive Session

The hearing committee will excuse all participants and enter into executive session during which the committee will assess the relevancy of the information presented as well as the credibility of the parties and witnesses. The hearing committee will decide (based on a simple majority vote): (a) whether or not, by a preponderance of the evidence, the Respondent is responsible for the alleged violation(s) of the Standards of Conduct, and, if so, (b) what sanctions are appropriate. Only after determining responsibility will the committee consider any previous sanctions imposed on the Respondent through the Student Disciplinary Policy. The review of any previous sanctions will include all disciplinary actions taken as a result of an Administrative Hearing, the Academic Liaison Process, or imposed by a hearing or appeal committee. The deliberations of the executive committee are not recorded.

Sanctions

Sanctions are designed to promote the University’s educational mission and safety of the university community, and to deter students from behavior that violates the Standards of Conduct. Some behavior may be so harmful or disruptive to the university community or to the educational process that it may require more severe sanctions. More than one sanction may be imposed in any one case. The following factors are generally considered when determining sanctions for a particular case:

• The nature of the violation(s);
• Prior findings of responsibility and sanction(s);
• Mitigating circumstances surrounding the violation;
• The student’s motivation(s) for engaging in the behavior;
• Impact of the behavior;
• Sanctions which have been imposed in similar cases in the past;
• The developmental and educational impact on the student; and
• The overall impact on the university community.

A full description of the available sanctions is described in Student Disciplinary Policy, Article V, and includes the following:

• Administrative sanctions: Warning, no-contact directive, restitution, loss of privileges, restriction or loss of computing privileges, university probation
• Developmental Sanctions: Community service hours, educational experience or project, recommendations for assistance
• Academic Sanctions: Class removal or reassignment, grade modification, class reinstatement
• Elevated Sanctions: Withholding degree, revocation of admission, suspension, dismissal, expulsion
• Campus Housing Sanctions: Residence hall probation, residence hall reassignment, residence hall contract suspension, residence all expulsion/contract termination
• Student Organization Sanctions: Fines, organizational probation, suspension of university registration, revocation of university registration

Student Conduct Hearing Guidelines and Information

These hearing guidelines and information, from the Student Disciplinary Policy, Article VII. Hearing Guidelines and Information, apply to all Student Conduct hearings unless otherwise noted. Additional guidelines applicable to Student Conduct hearings for sexual misconduct are included in Student Disciplinary Policy Article VIII.

1. Confidentiality:

Student Conduct Records are maintained in accordance with the UIC Student Records Policy, as well as applicable Federal and State laws. Student Conduct Records may be shared with university officials on a need-to know-basis. Please review Article XII for additional information on Student Conduct Record retention.

2. Incidents Involving Multiple Students:

When more than one student is involved in the same incident, the Dean of Students will determine the appropriate approach to resolution, balancing students’ privacy rights with the institutional resources available to provide a timely and fair resolution. If a decision is made to combine the hearings of all the students involved in an incident, all participating parties (Complainants and Respondents) will be present for the reading of the charges, opening remarks, Complainant’s presentation of evidence and witness testimony, and closing statements. However, at the time the individual Respondent presents his/her case, the other Respondent(s) and his/her advisor(s) or legal counsel and witnesses may be excluded from the proceedings unless otherwise agreed upon by the Respondent(s) and the committee.

3. Notification of Hearing Outcome:

Within five (5) days of the conclusion of the hearing, a written decision will be issued to the Respondent and all appropriate parties.

4. Advisors/Support Person:

The Respondent and the Complainant have the right to have one support person (as defined herein) present during the hearing. Due to extenuating circumstances, the Office of the Dean of Students may allow for more than one advisor/support person. The role of the advisor/support person will be restricted to supporting the respective parties.

5. Participants in Hearing:

All hearings are closed except for the following individuals: administrative hearing officer or members of the Student Conduct Committee, the Complainant(s), the Respondent(s), advisors/legal counsel, witnesses, and the Dean of Students.

• Witnesses: A witness is someone who directly observed an incident or has direct or indirect knowledge related to an incident. Witnesses should be able to speak knowledgeably about the incident and be able to provide relevant facts to the Office of the Dean of Students. Reliable witnesses are critical to the integrity and effectiveness of the Student Conduct process. Except in the case of sexual misconduct complaints, Witnesses cannot participate solely to speak about an individual’s character. The Respondent, the Complainant, and/or the Office of the Dean of Students may request relevant witnesses to participate in the Student Conduct process. The Office of the Dean of Students may request a written statement from the witness and/or a meeting with the witness prior to the hearing. All witness statements are submitted through the Witness Form.
• Student Organization Representative:The individual, or individuals (no more than three), selected by the Student Organization to speak on the Organization’s behalf. The Organization Representative may be, but is not required to be a member of the Organization’s leadership structure (e.g., President, Vice President, Team Captain, etc.).

6. Personal Safety Consideration:

The Dean of Students will accommodate concerns for the personal safety, well- being, and/or fears of confrontation of the Respondent, Complainant, victim/survivor, or any witnesses during the hearing by taking appropriate and reasonable measures. In situations where reasonable fear for physical safety and/or retaliation exists, the Chair reserves the right to adjust the hearing format, including having police present and/or using technology to allow parties to participate in a manner that addresses the concerns while allowing the process to move forward.

7. Quorum:

For a Student Conduct Hearing, a quorum consists of four voting members of the Student Conduct Committee. For a Student Conduct Hearing related to allegations of sexual misconduct, a quorum consists of four voting members of the Sexual Misconduct Hearing Committee, who have received specialized training in sexual misconduct. For an Administrative Hearing, the Dean of Students hears the case and determines the outcome.

8. Record of Hearing:

For a Student Conduct Hearing, the Dean of Students will maintain a record of the hearing which may be in the form of a written summary or transcript of the proceedings or an audio recording. The record of the hearing will be made available to the Complainant and/or Respondent upon written request. Such records will be in the same format it is maintained. If either party seeks a copy of the record, it will be provided at no cost for the first copy. However, the initial request must be received within ten (10) days of the conclusion of the hearing. Subsequent requests for copies of the hearing record will be assessed as a fee equal to the actual cost of duplication and the fee must be received before the requested copy will be released. Administrative Hearings are not recorded.

9. Remote Participation:

Any party, including the Respondent, Complainant, or any witness, may participate in a hearing remotely by way of telephone, videoconferencing, or other appropriate means provided the identity of the person participating remotely is known to all parties and all other guidelines and procedures described in this Student Disciplinary Policy are followed.

10. Reasonable Accommodations:

UIC is committed to creating a learning environment and academic community that promotes educational opportunities for all individuals, including those with disabilities. Students should contact the UIC Disability Resource Center to submit requests for accommodations related to proceedings under this Policy. The requests should be made in a timely manner prior to the proceedings in order to arrange for reasonable accommodations.

11. Testimony and Evidence:

The hearing committee/hearing officers will make determinations based on all available information and materials determined to be credible and relevant to the matter under consideration. Failure of the Respondent to be present or participate in the proceedings will not be construed as an admission of responsibility. Likewise, failure of the Complainant to participate in the proceedings will not be construed as evidence that favors the Respondent.

12. Timeliness of Conduct Process:

The University strives to complete the Student Conduct process, including the time for any hearings or appeal processes, within sixty (60) days. There are, however, many factors that may affect the length of time needed to complete various portions of the resolution process fairly and equitably. Consequently, some matters will be resolved before the designated time frames, and some may require additional time.

13. Standard of Proof:

A preponderance of the evidence, or “more likely than not”, standard is the official evidence standard of the Student Disciplinary Policy. In this context, the Respondent will be found to be responsible for the alleged violations if the hearing officer/hearing committee concludes that it is more likely than not that, based on a careful review of all credible and relevant information presented, the Respondent is responsible for the alleged acts/behavior and these acts/behaviors constitute a violation of the Standards of Conduct.

14. Hearings in Absentia:

If a student Complainant or Respondent does not attend the hearing, the case may proceed to disposition without the student’s participation.

Student Conduct Appeals Process

In accordance with Student Disciplinary Policy, Article X. Appeals Process, the Dean of Students office will review all requests for appeal to determine if the requestor has asserted appropriate grounds for appeal. Appeals will not be granted based solely on a party’s disagreement with the outcome.

Filing an Appeal

• The Respondent may file a request for appeal no later than five (5) days after receipt of the outcome of the hearing where the Respondent has been found responsible for violating one or more of the Standards of Conduct.
• Either party may a request for appeal no later than seven days after receipt of the outcome of a hearing involving allegations of sexual misconduct. In the case of an appeal of a decision regarding the sexual misconduct, the party not filing the appeal must be notified, in writing and given five (5) days to submit a written statement in response to the appeal.
• The request for appeal must be submitted through the Student Conduct Appeal Form and must include (a) a statement explaining the grounds for the appeal, (b) all relevant supporting evidence and documentation, and (c) the desired outcome of the appeal request.

Grounds for Appeal

An appeal must be based upon one or more of the following grounds:

• Procedural Error: A procedural error occurred in the handling of the complaint that substantially affected the outcome of the hearing.
• New Evidence: New evidence exists, sufficient to alter a decision, which was not reasonably available at the time of the original hearing. Information will not be considered “new evidence” if the Respondent or Complainant did not attend the original hearing or voluntarily withheld information during the original hearing.
• Sanction(s) Disproportionate with Violation(s): The sanction(s) imposed are substantially disproportionate to the severity of the violation(s) of the UIC Standards of Conduct for which the student was found responsible.
• For complaints involving allegations of sexual misconduct, appeals may also be based on the following grounds: The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents, generally, or against the individual Complainant(s) or Respondent(s) that affected the outcome of the matter.

Appeal Review Process

• The Appeal Committee will, except as required to explain the basis of new evidence, limit its review to the record of the initial hearing, including any documents or written statements considered by the hearing officer/committee, and any supporting documents and statements submitted by the parties as part of the appeal process.
• After reviewing the request, the Appeal Committee designated to review the appeal will make one of the following determinations: The appeal is denied because (a) none of the grounds for an appeal has been met or (b) the appeal is granted because one or more of the grounds for an appeal have been met. The Appeal Committee may uphold the original disciplinary decision and deny the appeal, modify the original disciplinary decision, or remand the matter for a new hearing or remand review.
• The Appeal Committee will issue its written decision to the Respondent within a reasonable period of time not to exceed 30 days from the date the appeal was received. For cases involving allegations of sexual misconduct, both parties will receive written notification, simultaneously, of the final determination of the Appeal Committee within 7 days of the Appeal Committee’s decision.

Finality

The decision of the Appeal Committee and any decision resulting from a remand review or hearing are final and no further appeals are allowed. All decisions shall be reported to the Respondent, the Complainant, and all appropriate university administrators. The results relating to the complaint become final either on the date the parties are provided with the written determination of the result of any appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

Student Conduct Records Disclosure

Under the UIC Student Records Policy, Section IV. A. Disclosure not requiring prior consent, there are circumstances for which a student’s disciplinary records may be released without the consent of the student.

The university may disclose the final results of a disciplinary hearing, regardless of the outcome, to a victim of an alleged perpetrator of a crime of violence (e.g., actual or attempted arson, assault, burglary, criminal homicide, vandalism of property, kidnapping/abduction, robbery, and forcible sex offenses) or non-forcible sex offense.

The university may disclose student educational records information to any third party in cases where the student has been found to be an alleged perpetrator of a crime of violence or non-forcible sex offense and a disciplinary proceeding took place on or after October 7, 1998 and, with respect to the alleged crime or offense, the student has been found to have committed a violation of the university’s rules or policies. The university will not disclose the name of any other student (victim or witness) without the prior written consent of the other student(s).

Programs To Prevent VAWA Crimes

The VAWA amendments to the Clery Act require that institutions must put into place prevention programs that aim to stop crimes outlined in the Clery Act before they occur. These programs should promote positive behaviors that foster healthy, mutually-respectful relationships and sexuality, encourage safe bystander intervention tactics, and seek to change behavior and social norms in safe, healthy directions.

UIC, including its regional campuses, engages in comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault, and stalking that:

• Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research, or assessed for value, effectiveness, or outcome; and
• Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels.

Programs to prevent dating violence, domestic violence, sexual assault, and stalking include both primary prevention and awareness programs directed at incoming students and new employees, as well as ongoing prevention and awareness campaigns directed at current students and employees.

Programs include:

• A statement of policy that UIC prohibits the crimes of domestic violence, dating violence, sexual assault, and stalking and the procedure and disciplinary sanctions in cases of alleged sexual misconduct;
• Definition of what behavior constitutes domestic violence, dating violence, sexual assault, and stalking using definitions provided both by the Violence Against Women Act (VAWA) and state law (as defined in Appendix A of the Annual Security and Fire Safety Report);
• Definition of what behavior constitutes consent to sexual activity in the State of Illinois (as defined in Appendix A of the Annual Security and Fire Safety Report);
• Definition of what behavior constitutes consent to sexual activity at UIC and the purposes for which the definition is used;
• A description of safe and positive options for bystander intervention;
• Information on risk reduction;
• An overview of associated information contained in the UIC Annual Security and Fire Safety Report in compliance with the Clery Act.

Primary Prevention Programs for Incoming Students and New Employees

Primary prevention programs mean programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions.

Mandatory Sexual Misconduct Training

The University of Illinois’ Prohibition of Sex Discrimination, Sexual Harassment, and Sexual Misconduct policy requires all incoming, returning, and transfer students, as well as all faculty and staff, to be regularly educated on discrimination and harassment prevention, sexual violence, and reporting options and obligations. New students are required to complete training before or early in their first semester. All returning students are provided training materials and encouraged to review those materials each academic year. Paid university employees, including faculty, staff, and extra help, are expected to complete their designated training annually for sexual misconduct as well, though this occurs during the spring semester, and training for discrimination and harassment under all protected categories under state and federal law occurs in the fall semester. Though all courses are administered by University Ethics and Compliance Office staff, login support and course management are handled through the training vendor, Get Inclusive, via their course functionality. Survivors who are unable to complete the training because of trauma can request accommodations by emailing the Title IX Coordinator at titleix@uic.edu.

It is important to note that employees who are also enrolled as students at the University of Illinois are expected to complete the employee training, in addition to their student training. The reason we require the completion of both courses is that the roles and responsibilities of employees are not addressed in the student training, which focus on the student’s perspective, along with prevention tips, bystander intervention, reporting options, and student resources.

Note: Mandatory sexual misconduct trainings were unavailable in spring of 2025.

Student Training: Sexual Misconduct Prevention for Graduate/Undergraduate Students

All newly enrolled students are required to complete the assigned graduate or undergraduate training. These courses are available to all continuing students with an undergraduate or graduate enrollment classification. Any new students who do not complete the training will have a hold that prevents all registration activity placed on their account for the upcoming semester until the coursework is complete

Employee Training: Faculty and Staff Title IX Training

All university employees, with the exception of extra help satisfy their requirements via the annual ethics training, are required to complete the Faculty and Staff Title IX Training. This is an online course educating on rights and responsibilities to address, report and prevent sexual misconduct, and foster a safe, respectful learning and working environment, which is to be completed during the spring semester, annually.

Awareness Programs for Incoming Students and New Employees

Awareness programs mean community-wide or audience-specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration.

To prepare for New Student Orientation, survivor advocates and prevention educators introduce Orientation Leaders to the concepts of gender-based violence, bystander intervention, and survivor advocacy. Orientation Leaders learn how to connect with a campus advocate and support student survivors. They then share this information with incoming undergraduates during Orientation. Throughout Orientation and Weeks of Welcome, campus advocates and prevention educators raise awareness of services and share information about violence prevention, consent, and safety through tabling and programming geared at incoming students.

Advocates and prevention educators from the Campus Advocacy Network, a program of the Women’s Leadership and Resource Center also regularly participate in new faculty and graduate and professional students’ orientations to share information about confidential advocacy and trauma-informed classrooms. Faculty and teaching assistants are given promotional materials and information to share with their students during class, via Blackboard, and in their syllabi.

The Title IX coordinator, through the Office for Access and Equity, provides compliance education about sexual harassment and other forms of sexual misconduct, policies, bystander information, options and resources for all orientations held for incoming graduate students, residents, post-doctoral students, and fellows in the health professions as well as new faculty and hospital employee orientations; professional staff in Campus Housing; student staff in Residence Life; and Dean of Students Title IX hearing boards. OAE also provides a general presentation to the Office of the Dean of Students staff.

Ongoing Prevention and Awareness Campaigns

Ongoing prevention and awareness campaigns means programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the institution.

Annual Programs

• Domestic Violence Awareness Month occurs in October during the fall semester and consists of a series of events including tabling, movie screenings, exhibits, workshops, and educational programs. Participants are made aware of the resources on campus through announcements and brochures.
• Peers to Allies: Lighting the Flame in UIC Social Justice Leadership is an intermittent program that occurs in the fall semester and is a violence prevention program that situates leadership, ally building, bystander education, crisis support and social justice as the cornerstones for student engagement. Through a three-day retreat, students learn leadership skills and how to recognize interpersonal violence, effectively intervene as a bystander and refer students to advocacy services and available campus options to file complaints or pursue the student conduct process.
• Intergroup Dialogue: Exploring Race and Gender occurs in the fall semester and is a three-credit class offered through the honors college that explores the construction of social identities, how interpersonal violence can be an outgrowth of power, privilege and oppression, how to dialogue across difference, intervene as a bystander, become an ally and social change agent.
• Anti-Violence Advocacy at UIC & Beyond occurs in the spring semester and is a one-credit seminar offered through the Honors College that explores the forms that violence takes in the lives of our community members, applying an intersectional lens to challenge popular misconceptions about survivors, anti-violence activism, and what trauma looks like. Students will learn to better advocate for themselves and for the survivors in their own lives by developing practical skills for listening, dispelling myths, sharing resources, and safety planning. Throughout the course, students will center the voices of survivors and activists through film, podcasts, art, poetry, and memoir, in addition to scholarly texts to build toward a collaborative project in which groups will develop and present resource guides for raising awareness about different topics related to sexual and gender-based violence.
• Sexual Assault Awareness Month occurs in April during the spring semester and consists of a series of events including tabling, movie screenings, artmaking, exhibits, workshops, and educational programs. Participants are made aware of the resources on campus through announcements, social media campaigns, and brochures.

Annual Campaigns

• Posters are displayed at bus shelters and in campus buildings to increase awareness of Campus Advocacy Network services, consent, and forms of gender-based violence (stalking, domestic/dating violence, sexual assault, harassment). Posters are also distributed throughout campus housing, colleges, and departments, and promoted online through email, webpages, and social media.
• Social Media is utilized to promote programs, safety, healing, and bystander messages. For example, educational campaigns posted on the Campus Advocacy Network’s Facebook page during Stalking Awareness Month in January and Teen Dating Violence Awareness Month in February amplify information about signs and effects of violence, safety planning, bystander intervention, and healing. The Women’s Leadership and Resource Center also connects with students, faculty, staff, and community partners over Instagram and X (formerly Twitter).

Available Workshops

Sexual misconduct workshops, education, and training addressing domestic violence, dating violence, sexual assault, stalking, sexual harassment, and bystander intervention are offered to students and employees upon request (learn more at sexualmisconduct.uic.edu/education-and-training). Students, faculty, and staff can request a Camus Advocacy Network (CAN) workshop on a variety of topics using the “Request a Training” online form or by emailing can@uic.edu. Instructors can request a workshop during their classes through CAN’s Don’t Cancel Your Class! (DCYC!) program using the DCYC! online form or by emailing can@uic.edu. CAN workshops are tailored to meet the needs of student, staff, or faculty groups and may address topics such as the roots and red flags of gender-based violence; safety planning; healthy relationships, consent, and boundaries; bystander intervention; and/or sexual, racial, homophobic, and ableist harassment. On an annual basis, workshops are presented to students who live in the residence halls; are a member of student organizations, fraternities and sororities; or who are taking academic classes; as well as faculty and staff in academic departments, campus units and the UIC Hospital.

Title IX workshops addressing sexual misconduct cover information about sexual misconduct definitions, UIC’s policy against sexual misconduct, consent, on- and off-campus resources, as well as campus advocacy technical assistance with helping students file a complaint with the police, Title IX investigations, student conduct process and/or seeking civil or criminal orders of protection, academic accommodations and other remedies.

Bystander workshops focus on assisting students in recognizing interpersonal violence, taking ownership of their role in interpersonal violence prevention and teaching students the various ways in which they can safely and effectively intervene.

Examples of available workshops include:

• Gender-Based Violence 101 workshops for student leaders, organizations, and campus units
• We Can All Be Advocates: Bystander 101 workshops for Greek Organizations and other student organizations
• Don’t Cancel Your Class! program available to instructors teaching undergraduate, graduate, and professional courses
• Healthy Relationships and Intimate Partner Violence workshop for Campus Housing, College of Architecture, Design and the Arts, Gender and Women’s Studies, and Liberal Arts and Sciences students, in addition to any other orgs interested
• Gender-Based Violence in Medicine seminar for College of Medicine students
• Trauma-Informed Teaching and Advising workshops for UIC faculty and student-facing staff
• Campus SaVE Trainings for Greek Organizations
• Supporting Survivors, Preventing Harm, and Acting for Change workshops for student-facing staff in Housing and other campus units
• Clery Act and VAWA training for Campus Housing
• Respectful love: what does it look like? Healthy relationship workshop offered to students and student organizations through the Wellness Center

Safe and Positive Options for Bystander Intervention

Sexual assault and relationship abuse impacts many people on college campuses. According to the 2015 National Intimate Partner and Sexual Assault Survey, it’s estimated that 1 in 5 (21.3%) women and 1 in 38 men (2.6%) will be sexually assaulted in their lifetimes. Women in particular are most vulnerable between the ages of 16 and 24. LGBTQ students face an increased risk of violence: nearly 1 in 4 undergraduate students identifying as transgender, gender non-conforming, questioning or other experience sexual assault after enrolling in a higher education institution. College aged men, women, and non-binary folks also experience relationship abuse and stalking at high rates.

UIC Community Members Can Be Active Bystanders!

What Is Bystander Intervention?

Bystander intervention is a prevention strategy that encourages witnesses to take safe action when they see a situation that might lead to sexual violence or abuse, and to support victims after an incident. At UIC, we all have a part to play in keeping the community safe. As a bystander, you can serve a critical role in preventing interpersonal violence on campus. It is just like the public transportation safety campaigns; “If you see something, say something.” Your role in maintaining a safe campus environment is the same.

While this sounds easy, sometimes it is not. The first step is for a bystander to recognize that a certain action/comment/situation may be a stepping stone to increasingly severe acts of violence. If something makes you feel uncomfortable or makes you concerned for the safety of another person, trust your gut feeling. The second step is knowing what to do. We know that intervening in these situations can be overwhelming. UIC offers bystander workshops through the Campus Advocacy Network in order to help identify what safe and positive options you have and to build your confidence and skills.

What Can I Do to Help?

When you are in a situation in which you feel uncomfortable or feel someone is at risk for harm, the 5 D’s will help you select a course of action:

Direct

The DIRECT approach uses words or actions to stop what is going on. For example, telling someone that “It’s not going to happen, that person is too drunk to go home with you tonight” or saying “I don’t appreciate hearing those kinds of jokes” in response to a racist, sexist ableist, or homophobic joke. This approach is useful in situations in which you feel safe and capable enough to intervene directly.

Distract

The DISTRACTION approach is exactly what it sounds like; using indirect strategies to interrupt what is going on. It is especially useful when a direct approach may escalate things for the person involved or result in harm to you. Examples include asking someone to help you find your lost cell phone to interrupt attempts to “hook up” with an incapacitated person, or “accidentally” spilling or dropping something to shift the attention away from the situation.

Delegate

DELEGATING is when you involve someone who has social power in that situation or some type of authority. You can get your friends, housing RA’s, club advisors, course instructors, or the Office of the Dean of Students involved. You do not have to do this alone. Delegation is useful when there is an emergency situation or when personal risk of harm or retaliation are a possibility.

Delay

DELAYED RESPONSE is when you had concerns about a situation and you may not have done anything about it at the time. It’s not too late! There is still an opportunity to talk to the person you were concerned about and provide them with support and referrals, or to the person whose behavior made you feel uncomfortable and tell them what they did or said was not alright with you. You may check in with the victim and say, “I saw what happened, and it wasn’t right. Are you okay?” You can also enlist the help of others by going to the police or others in authority such as the Office of the Dean of Students or Title IX Coordinator, or confidentially to the Campus Advocacy Network.

Document

DOCUMENTING is when you take notes on an incident, record it, or offer to serve as a witness when a victim files a report. First, assess if it is safe to record and, after the incident, if you have taken photographs, screenshots, or audio/video recording, ask the victim what they want to do with the documentation. You can also offer to provide a written report or serve as a witness to what happened.

What Can My Friends and I Do to be Safe?

As members of the UIC community you can help keep yourself and your friends safe. Remember these tips when you plan to go out:

Have A Plan.

Talk with your friends about your plans for the night BEFORE you go out. Do you feel like drinking? Are you interested in hooking up? Where do you want to go? Having a clear plan ahead of time helps friends look after one another.

Go Out Together.

Go out as a group and come home as a group. Never separate and never leave your friend(s) behind. Being with others is a good idea when a situation looks dangerous.

Watch Out for Others.

If you are walking at night with friends and notice someone walking by themselves in the same direction, ask them to join you so that they don’t have to walk alone.

Defuse Situations.

If you see a friend coming on too strong to someone who may be too drunk to make a consensual decision, interrupt, distract, or redirect the situation. If you are too embarrassed or shy to speak out, get someone else to step in. Ask a friend or the party host to intervene with you; call (911), the UIC Police at (312) 355-5555, or someone else in authority; or yell for help to draw attention to the situation.

Trust Your Instincts.

If a situation or person doesn’t seem “right” to you, trust your gut and remove yourself, if possible, from the situation.

The bottom line? Don’t blame victims of harm, and ask for help if you need it.

No matter what steps you and/or your friends take – or don’t take – to be safe, it is not your fault if harm happens. You deserve to have fun, explore, and get to know people without encountering violence. If you or someone you care about does experience violence, contact the Campus Advocacy Network, Counseling Center, or a 24-hour crisis line for support and resources.

• Campus Advocacy Network: email can-appointment@uic.edu, call 312-413-8206
• Chicago Rape Crisis Hotline: 888-293-2080
• Illinois Domestic Violence Hotline: 877-863-6338
• UIC Counseling Center: 312-996-3490 (select option “2” if you get an automated message)
• Crisis Text Line: Text HOME to 741741

Risk Reduction Strategies

The Rape, Abuse, & Incest National Network recommends the following risk reduction strategies:

Increasing on-campus safety

The following are some strategies to reduce the risk for many different types of crimes, including sexual violence:

• Know your resources. Who should you contact if you or a friend needs help? Where should you go? Locate resources such as the Campus Advocacy Network, Centers for Cultural Understanding and Social Change, campus health center, campus police station, and a local sexual assault or domestic violence service provider. Notice where emergency phones are located on campus, and program the campus security number into your cell phone for easy access.
• Stay alert. When you’re moving around on campus or in the surrounding neighborhood, be aware of your surroundings. Consider inviting a friend to join you, using the SAFE App’s Virtual Friend Walk or Virtual Police Escort, or asking campus security for an escort. If you’re alone, only use headphones in one ear to stay aware of your surroundings.
• Be careful about posting or sharing your location. Many social media sites, like Instagram, Snapchat, or Facebook, use geolocation to publicly share your location. Consider disabling this function and reviewing other social media settings. If you are in a relationship, consider turning off location sharing and keeping your passwords private.
• Make others earn your trust. A college environment can foster a false sense of security. They may feel like fast friends, but give people time to earn your trust before relying on them.
• Think about Plan B. Spend some time thinking about back-up plans for potentially sticky situations. If your phone dies, do you have a few numbers memorized to get help? Do you have emergency cash in case you can’t use a credit card? Do you have the address to your dorm or college memorized? If you drive, is there a spare key hidden, gas in your car, and a set of jumper cables?
• Be secure. Lock your door and windows when you’re asleep and when you leave the room. If people constantly prop open the main door to the dorm or apartment, tell security or a trusted authority figure.

Safety in social settings

• It’s possible to relax and have a good time while still making safety a priority. Consider these tips for staying safe and looking out for your friends in social settings.
• Make a plan. If you’re going to a party, go with people you trust. Agree to watch out for each other and plan to leave together. If your plans change, make sure to touch base with the other people in your group. Don’t leave someone stranded in an unfamiliar or unsafe situation.
• Protect your drink. Don’t leave your drink unattended, and watch out for your friends’ drinks if you can. If you go to the bathroom or step outside, take the drink with you or toss it out. Drink from unopened containers or drinks you watched being made and poured. It’s not always possible to know if something has been added to someone’s drink. In drug-facilitated sexual assault, a perpetrator could use a substance that has no color, taste, or odor.
• Intervene when you can. If you notice someone putting something into a drink, say something - you can speak directly with the perpetrator or delegate to a friend or authority figure. If you notice a friend flirting with someone who can’t consent, speak up.
• Know your limits. Keep track of how many drinks you’ve had, and be aware of your friends’ behavior. If one of you feels extremely tired or more drunk than you should, you may have been drugged. Leave the party or situation and find help immediately.
• It’s okay to lie. If you want to exit a situation immediately and are concerned about frightening or upsetting someone, it’s okay to lie. You are never obligated to remain in a situation that makes you feel uncomfortable, pressured, or threatened. You can also lie to help a friend leave a situation that you think may be dangerous. Some excuses you could use are needing to take care of another friend or family member, an urgent phone call, not feeling well, and having to be somewhere else by a certain time.
• Stay safe online. If someone bothers you on a social media or dating site, take a screenshot and then report the post or account. You deserve to be safe online, just like in person.
• Be a good friend. Trust your instincts. If you notice something that doesn’t feel right, it probably isn’t. If you think someone may be feeling unsafe, pull them aside and ask if they need assistance. (The “distract” technique works well in these situations.) If you notice inappropriate or harmful posts online, in a group chat, or on Blackboard, take a screenshot, report the posts, and intervene if you feel safe to do so. Learn more about how to keep your friends safe in social settings.

Safety in Relationships

You deserve to feel safe while exploring new relationships and dating. Consider these tips from Love Is Respect and the Campus Advocacy Network for staying safe and looking out for your friends who are dating.

• Establish clear boundaries. Boundaries empower you to decide what you feel comfortable with and how you want to be treated, while honoring your partner’s boundaries can help you be supportive of them. We can create several types of boundaries—for example, digital, physical, financial, and emotional. Learn more about how to set boundaries for yourself.
• Be careful about sharing passwords and location. Protect your digital boundaries by keeping your passwords and location private. Learn more about how to stay safe online and on your phone.
• Watch out for red flags. Relationships exist on a spectrum, and it can sometimes be hard to tell when a behavior goes from healthy to unhealthy, or even abusive. Dating abuse is a pattern of coercive, intimidating, or manipulative behaviors used to exert power and control over a partner. Learn about the warning signs of abuse, and trust your instincts if something feels wrong or unsafe.
• Ask for help when you need it. If you notice signs of abuse, reach out for support from a confidential advocate at the Campus Advocacy Network, talk to a friend or mentor that you trust, or call a 24-hour hotline. Abuse is never your fault, and you deserve help to feel safe and supported.
• Support friends when harm happens. If you think a friend is experiencing violence, ask how you can help or offer to connect them with resources like the Campus Advocacy Network, Counseling Center, or Title IX office. Let them take the lead; they are the expert on their experience, and showing you believe them and want them to feel safe can go a long way in their healing journey.