Annual Security and Fire Safety Report

Sexual Misconduct    

Policy  

The University of Illinois Urbana-Champaign (“University”) is committed to providing a safe and welcoming campus environment that is free from all forms of discrimination based on sex. Discrimination based on sex includes discrimination on the basis of sexual orientation or gender identity. The University does not discriminate against any person based on sex in its education programs or activities or in employment. This policy includes the processes to be used for all reports or complaints of sexual misconduct. The grievance processes for Title IX Sexual Harassment and other Prohibited Sexual Misconduct shall be distinct as set out in this policy.

In addition to prohibiting sexual misconduct, the University also prohibits retaliation against any person who, in good faith, reports or discloses a violation of this policy, files a complaint, or otherwise participates in an investigation, proceeding, complaint, or hearing under this policy.  

Review the Campus Administrative Manual  for a complete copy of the University of Illinois Urbana-Champaign policy governing sexual misconduct.  

Purpose  

The purpose of the sexual misconduct policy is to provide a safe and welcoming educational and work environment and to establish standards of conduct that are appropriate for our campus community; 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, 110 ILCS 155/1 et seq.  

The sexual misconduct policy was revised in July 2020 as part of the effort to align the University’s policy and procedures with new Title IX regulations that went into effect on August 14, 2020, and to incorporate recommendations made by the Committee on Faculty Sexual Misconduct for addressing unwelcome sexual, sex or gender-based conduct by employees. When investigating and adjudicating complaints of “Title IX Sexual Harassment” (as defined below), federal regulations require the University to follow specific procedures, some of which are unique to Title IX. The sexual misconduct policy also addresses other categories of sexual misconduct that do not fall within the definition of “Title IX Sexual Harassment” (for example, because of the nature of the alleged conduct, where it took place, or who was involved) but that may violate other conduct requirements.  

The purpose of the sexual misconduct policy in delineating which conduct is “Title IX Sexual Harassment” is not to imply that the University considers certain conduct more or less objectionable, nor to discourage any person from submitting a report. Rather, the purpose of this policy is to ensure that all persons who experience sexual misconduct described in this policy have full access to the rights and resources they are entitled to, and that every complaint is handled fairly and equitably, in a manner consistent with applicable law, and with the ultimate aim of maintaining an institutional climate of safety and accountability. Title IX requires a definition of “Title IX Sexual Harassment” that provides a floor—not a ceiling—to the varied forms of misconduct that can be prohibited at a university, and the University of Illinois has decided to go beyond this floor to promote a safe and welcoming culture and climate.  

Definitions

The following definitions are used in the University of Illinois Urbana-Champaign Sexual Misconduct Policy. Federal definitions can be found in the section of this report titled “Definitions of reportable crimes.”  

Sexual Misconduct

Sexual Misconduct means Title IX Sexual Harassment, sexual harassment, sexual assault, dating violence, domestic violence, stalking, unwelcome sexual, sex or gender-based conduct, sexual violence, or sexual exploitation, as defined below.    

Sexual Assault

Sexual assault means:

  • 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 breasts, 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.
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 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:

  1. the person is incapacitated due to the use or influence of alcohol or drugs;
  2. the person is asleep or unconscious;
  3. the person is under the legal age to provide consent; or
  4. 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.  

Sexual Exploitation

Sexual exploitation means 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.
Title IX Sexual Harassment

Title IX sexual harassment means 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 that a reasonable person would determine 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 the Sexual Misconduct Policy);
  • Stalking (as defined in the Sexual Misconduct Policy);
  • Dating Violence (as defined in the Sexual Misconduct Policy); or
  • Domestic Violence (as defined the Sexual Misconduct Policy).
Sexual Harassment

Sexual harassment means unwelcome conduct of a sexual nature or unwelcome conduct based on sex, sexual orientation, or gender identity 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 the university;
  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 is sufficiently severe or pervasive; and objectively offensive; and unreasonably interferes with, denies, or limits a person’s ability to participate or benefit from educational or employment opportunities, assessments, or status at the University.
Stalking

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress. For the purposes of this definition:

  1. Course of conduct means two or more acts, including, but not limited to, acts 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.  
  2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.  
  3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.  
Dating Violence

Dating violence means violence committed by a person:

  1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. where the existence of such a relationship shall be determined based on consideration of the following factors:
    1. the length of relationship;
    2. the type of relationship; and
    3. the frequency of interaction between the persons involved in the relationship.

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

Domestic Violence

Domestic violence means 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.  

Unwelcome Sexual, Sex, or Gender-Based Conduct

Unwelcome sexual, sex or gender-based conduct means any unwelcome sexual, sex-based, or gender-based conduct occurring within or having an adverse impact on the workplace or academic environment, regardless of how it is conducted (physically, verbally, in writing, or via an electronic medium) and regardless of the sexes or genders of the individuals involved. This category of misconduct comes in three forms, each of which may also qualify as Title IX sexual harassment or violate the Nondiscrimination Policy in some circumstances:  

  1. Gender-based or sexual hostility: Objectively offensive treatment of another person or group, through words or conduct, with hostility, objectification, exclusion, or as having inferior status based on sex, gender (including gender identity or gender expression), or sexual orientation.  
  2. Unwanted sexual attention: Objectively offensive sexual attention, advances, or comments that a person reasonably should know are unwanted or which continue to occur or persist after the recipient has communicated a desire that the behavior stop.  
  3. Sexual coercion: Use of force, violence, threats, or other threats of harm by an individual to compel or attempt to compel another individual to engage in unwelcome sexual activity.  

Unwelcome sexual, sex or gender-based conduct need not be illegal under existing laws to violate the sexual misconduct policy. To be disciplined through a formal complaint process, however, the behavior must be by an employee acting in the course of employment. In investigating and responding to reports of violations, due consideration will be given to an individual’s rights to free speech, expression, and academic freedom. While speech can be used to harass or engage in unwelcome sexual, sex or gender-based conduct and can provide evidence of discriminatory intent, speech does not violate this policy just because it is subjectively offensive. A reasonable person must also find it offensive, it must lack bona fide academic purpose, and it must fall within one of the definitions of misconduct found in this policy. What sanctions or other responsive actions may be deemed appropriate, if any, will depend on the facts and circumstances of the case.  

Sexual Violence

Sexual violence means physical sexual acts attempted or perpetrated against a person’s will or when a person is incapable of giving consent. 

Retaliation

Retaliation means intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX, its implementing regulations, or the Sexual Misconduct Policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the policy. Retaliation may include, but is not limited to harassment, discrimination, threats, or adverse employment action. Any person or group within the scope of the Sexual Misconduct Policy who engages in prohibited retaliation is subject to a separate complaint of retaliation under the policy.  

The state of Illinois uses the following definitions:  

Criminal Sexual Assault

A person commits criminal sexual assault if that person commits an act of sexual penetration and:  

  • uses force or threat of force;
  • knows that the victim is unable to understand the nature of the act or is unable to give knowing consent;
  • is a family member of the victim, and the victim is under 18 years of age; or
  • is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.
  • Sexual Penetration

    “Sexual penetration” means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.   

    Consent

    “Consent” means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.   

    (c) A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.   

    Aggravated Criminal Sexual Assault
    1. A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur as part of the same course of conduct as the commission of the offense:
      1. the person displays, threatens to use, or uses a dangerous weapon, other than a firearm, or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;   
      2. the person causes bodily harm to the victim, except as provided in paragraph (10);   
      3. the person acts in a manner that threatens or endangers the life of the victim or any other person;   
      4. the person commits the criminal sexual assault during the course of committing or attempting to commit any other felony;   
      5. the victim is 60 years of age or older;   
      6. the victim is a person with a physical disability;   
      7. the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim’s consent or by threat or deception for other than medical purposes;   
      8. the person is armed with a firearm;   
      9. the person personally discharges a firearm during the commission of the offense; or   
      10. the person personally discharges a firearm during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.   
    2. A person commits aggravated criminal sexual assault if that person is under 17 years of age and (i) commits an act of sexual penetration with a victim who is under 9 years of age; or (ii) commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and the person uses force or threat of force to commit the act.
    3. A person commits aggravated criminal sexual assault if that person commits an act of sexual penetration with a victim who is a person with a severe or profound intellectual disability.
    Predatory Criminal Sexual Assault of a Child
    A person commits predatory criminal sexual assault of a child if that person is 17 years of age or older, and commits an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, and:  
    1. the victim is under 13 years of age; or
    2. the victim is under 13 years of age and that person:
      1. is armed with a firearm;
      2. personally discharges a firearm during the commission of the offense;
      3. causes great bodily harm to the victim that:
        1. results in permanent disability; or
        2. is life threatening; or
      4. delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim’s consent or by threat or deception, for other than medical purposes.
    Criminal Sexual Abuse
    1. A person commits criminal sexual abuse if that person:
      1. commits an act of sexual conduct by the use of force or threat of force; or
      2. commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent.
    2. A person commits criminal sexual abuse if that person is under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age.
    3. A person commits criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is less than 5 years older than the victim.
    Aggravated Criminal Sexual Abuse
    1. A person commits aggravated criminal sexual abuse if that person commits criminal sexual abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) for purposes of paragraph (7), as part of the same course of conduct as the commission of the offense:
      1. the person displays, threatens to use, or uses a dangerous weapon or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
      2. the person causes bodily harm to the victim;
      3. the victim is 60 years of age or older;
      4. the victim is a person with a physical disability;
      5. the person acts in a manner that threatens or endangers the life of the victim or any other person;
      6. the person commits the criminal sexual abuse during the course of committing or attempting to commit any other felony; or
      7. the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim for other than medical purposes without the victim’s consent or by threat or deception.
    2. A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is under 18 years of age and the person is a family member.
    3. A person commits aggravated criminal sexual abuse if:
      1. that person is 17 years of age or over and:
        1. commits an act of sexual conduct with a victim who is under 13 years of age; or
        2. commits an act of sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person uses force or threat of force to commit the act; or
      2. that person is under 17 years of age and:
        1. commits an act of sexual conduct with a victim who is under 9 years of age; or
        2. commits an act of sexual conduct with a victim who is at least 9 years of age but under 17 years of age and the person uses force or threat of force to commit the act.
    4. A person commits aggravated criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is at least 5 years older than the victim.
    5. A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is a person with a severe or profound intellectual disability.
    6. A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 13 years of age but under 18 years of age and the person is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim.
    Sexual Relations Within Families
    1. A person commits sexual relations within families if he or she:
      1. Commits an act of sexual penetration; and
      2. The person knows that he or she is related to the other person as follows:
        1. Brother or sister, either of the whole blood or the half blood; or
        2. Father or mother, when the child, regardless of legitimacy and regardless of whether the child was of the whole blood or half-blood or was adopted, was 18 years of age or over when the act was committed; or
        3. Stepfather or stepmother, when the stepchild was 18 years of age or over when the act was committed; or
        4. Aunt or uncle, when the niece or nephew was 18 years of age or over when the act was committed; or
        5. Great-aunt or great-uncle, when the grand-niece or grand-nephew was 18 years of age or over when the act was committed; or
        6. Grandparent or step-grandparent, when the grandchild or step-grandchild was 18 years of age or over when the act was committed.
    Domestic Violence

    “Domestic violence” means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.  

    “Physical abuse” includes sexual abuse and means any of the following:   

    1. knowing or reckless use of physical force, confinement or restraint;
    2. knowing, repeated and unnecessary sleep deprivation; or
    3. knowing or reckless conduct which creates an immediate risk of physical harm.

    “Harassment” means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner. Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress:   

    1. creating a disturbance at petitioner’s place of employment or school;
    2. repeatedly telephoning petitioner’s place of employment, home or residence;
    3. repeatedly following petitioner about in a public place or places;
    4. repeatedly keeping petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner’s windows;
    5. improperly concealing a minor child from petitioner, repeatedly threatening to improperly remove a minor child of petitioner’s from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence; or
    6. threatening physical force, confinement or restraint on one or more occasions.

    “Intimidation of a dependent” means subjecting a person who is dependent because of age, health or disability to participation in or the witnessing of: physical force against another or physical confinement or restraint of another which constitutes physical abuse, regardless of whether the abused person is a family or household member.   

    “Interference with personal liberty” means committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage.   

    “Willful deprivation” means willfully denying a person who because of age, health or disability requires medication, medical care, shelter, accessible shelter or services, food, therapeutic device, or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except with regard to medical care or treatment when the dependent person has expressed an intent to forgo such medical care or treatment. This paragraph does not create any new affirmative duty to provide support to dependent persons.   

    Domestic Battery
    1. A person commits domestic battery if he or she knowingly without legal justification by any means:
      1. causes bodily harm to any family or household member;
      2. makes physical contact of an insulting or provoking nature with any family or household member.

    “Family or household members” include spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers. For purposes of this Article, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.   

    Stalking
    • (a) A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to:
      1. fear for his or her safety or the safety of a third person; or
      2. suffer other emotional distress.
    • (a-3) A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and:
      1. at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or
      2. places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint to or of that person or a family member of that person.
    • (a-5) A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion:
      1. follows that same person or places that same person under surveillance; and
      2. transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint to that person or a family member of that person.
    • (a-7) A person commits stalking when he or she knowingly makes threats that are a part of a course of conduct and is aware of the threatening nature of his or her speech.
    • (c) Definitions. For purposes of this Section:
      1. “Course of conduct” means 2 or more acts, including but not limited to acts in which a defendant 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, engages in other non-consensual contact, or interferes with or damages a person’s property or pet. A course of conduct may include contact via electronic communications.
      2. “Electronic communication” means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. “Electronic communication” includes transmissions by a computer through the Internet to another computer.
      3. “Emotional distress” means significant mental suffering, anxiety or alarm.
      4. “Family member” means a parent, grandparent, brother, sister, or child, whether by whole blood, half-blood, or adoption and includes a step-grandparent, step-parent, step-brother, step-sister or step-child. “Family member” also means any other person who regularly resides in the household, or who, within the prior 6 months, regularly resided in the household.
      5. “Follows another person” means (i) to move in relative proximity to a person as that person moves from place to place or (ii) to remain in relative proximity to a person who is stationary or whose movements are confined to a small area. “Follows another person” does not include a following within the residence of the defendant.
      6. “Non-consensual contact” means any contact with the victim that is initiated or continued without the victim’s consent, including but not limited to being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim.
      7. “Places a person under surveillance” means: (1) remaining present outside the person’s school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant; or (2) placing an electronic tracking device on the person or the person’s property.
      8. “Reasonable person” means a person in the victim’s situation.
      9. “Transmits a threat” means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written statements or conduct.
    • (d) Exemptions.
      1. This Section does not apply to any individual or organization (i) monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements, or (ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.
      2. This Section does not apply to an exercise of the right to free speech or assembly that is otherwise lawful.
      3. Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
    • (d-5) The incarceration of a person in a penal institution who commits the course of conduct or transmits a threat is not a bar to prosecution under this Section.
    • (d-10) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of the Illinois Criminal Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
    Aggravated Stalking
    • (a) A person commits aggravated stalking when he or she commits stalking and:
      1. causes bodily harm to the victim;
      2. confines or restrains the victim; or
      3. violates a temporary restraining order, an order of protection, a stalking no contact order, a civil no contact order, or an injunction prohibiting the behavior described in subsection (b)(1) of Section 214 of the Illinois Domestic Violence Act of 1986.
    • (a-1) A person commits aggravated stalking when he or she is required to register under the Sex Offender Registration Act or has been previously required to register under that Act and commits the offense of stalking when the victim of the stalking is also the victim of the offense for which the sex offender is required to register under the Sex Offender Registration Act or a family member of the victim.
    • Exemptions.
      1. This Section does not apply to any individual or organization (i) monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements, or (ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the managing or maintenance of collective bargaining agreements, and the terms to be included in those agreements.
      2. This Section does not apply to an exercise of the right to free speech or assembly that is otherwise lawful.
      3. Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
    • (d) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of the Illinois Criminal Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
    Cyberstalking
    • (a) A person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that would cause a reasonable person to:
      1. fear for his or her safety or the safety of a third person; or
      2. suffer other emotional distress.
    • (a-3) A person commits cyberstalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions, harasses another person through the use of electronic communication and:
      1. at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person; or
      2. places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or
      3. at any time knowingly solicits the commission of an act by any person which would be a violation of this Code directed towards that person or a family member of that person.
    • (a-4) A person commits cyberstalking when he or she knowingly, surreptitiously, and without lawful justification, installs or otherwise places electronic monitoring software or spyware on an electronic communication device as a means to harass another person and:
      1. at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person;
      2. places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or
      3. at any time knowingly solicits the commission of an act by any person which would be a violation of this Code directed towards that person or a family member of that person.
    • For purposes of this Section, an installation or placement is not surreptitious if:
      1. with respect to electronic software, hardware, or computer applications, clear notice regarding the use of the specific type of tracking software or spyware is provided by the installer in advance to the owners and primary users of the electronic software, hardware, or computer application; or
      2. written or electronic consent of all owners and primary users of the electronic software, hardware, or computer application on which the tracking software or spyware will be installed has been sought and obtained through a mechanism that does not seek to obtain any other approvals or acknowledgement from the owners and primary users.
    • (a-5) A person commits cyberstalking when he or she, knowingly and without lawful justification, creates and maintains an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours, and which contains statements harassing another person and:
      1. which communicates a threat of immediate or future bodily harm, sexual assault, confinement, or restraint, where the threat is directed towards that person or a family member of that person, or
      2. which places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint, or
      3. which knowingly solicits the commission of an act by any person which would be a violation of this Code directed towards that person or a family member of that person.
    • (c) For purposes of this Section:
      • (1) “Course of conduct” means 2 or more acts, including but not limited to acts in which a defendant 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, engages in other non-consensual contact, or interferes with or damages a person’s property or pet. The incarceration in a penal institution of a person who commits the course of conduct is not a bar to prosecution under this Section.
      • (2) “Electronic communication” means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. “Electronic communication” includes transmissions through an electronic device including, but not limited to, a telephone, cellular phone, computer, or pager, which communication includes, but is not limited to, e-mail, instant message, text message, or voice mail.
      • (2.1) “Electronic communication device” means an electronic device, including, but not limited to, a wireless telephone, personal digital assistant, or a portable or mobile computer.
      • (2.2) “Electronic monitoring software or spyware” means software or an application that surreptitiously tracks computer activity on a device and records and transmits the information to third parties with the intent to cause injury or harm. For the purposes of this paragraph (2.2), “intent to cause injury or harm” does not include activities carried out in furtherance of the prevention of fraud or crime or of protecting the security of networks, online services, applications, software, other computer programs, users, or electronic communication devices or similar devices.
      • (3) “Emotional distress” means significant mental suffering, anxiety or alarm.
      • (4) “Harass” means to engage in a knowing and willful course of conduct directed at a specific person that alarms, torments, or terrorizes that person.
      • (5) “Non-consensual contact” means any contact with the victim that is initiated or continued without the victim’s consent, including but not limited to being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim.
      • (6) “Reasonable person” means a person in the victim’s circumstances, with the victim’s knowledge of the defendant and the defendant’s prior acts.
      • (7) “Third party” means any person other than the person violating these provisions and the person or persons towards whom the violator’s actions are directed.
    • (d) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
    • (e) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of the Illinois Criminal Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
    • (f) It is not a violation of this Section to:
      1. provide, protect, maintain, update, or upgrade networks, online services, applications, software, other computer programs, electronic communication devices, or similar devices under the terms of use applicable to those networks, services, applications, software, programs, or devices;
      2. interfere with or prohibit terms or conditions in a contract or license related to networks, online services, applications, software, other computer programs, electronic communication devices, or similar devices; or
      3. create any liability by reason of terms or conditions adopted, or technical measures implemented, to prevent the transmission of unsolicited electronic mail or communications.
    Dating Violence

    Dating violence is not defined in the Illinois criminal code. 

     Committees and task forces  

    The following committees and task forces have been assembled to raise awareness about sexual misconduct, develop prevention strategies, educate campus community members, review campus policies and assure compliance with state and federal laws.  

    Title IX Advisory Committee

    The Title IX Advisory Committee is chaired by the Title IX Coordinator and has representation from the Office for Access and Equity, the Office of the Dean of Students, the Office for Student Conflict Resolution, the Women’s Resources Center, the Vice Chancellor for Student Affairs, University Police, Division of Intercollegiate Athletics, University Ethics and Compliance Office and the Office of University Counsel. The work of this committee includes, but is not limited to, the following:  

    • Oversee the university’s efforts to comply with and carry out its responsibilities under Title IX and its implementing regulations  
    • Assess the campus climate around sex discrimination issues and identify the needs, issues, and trends  
    • Review sexual misconduct related policies, practices, and procedures to ensure compliance and consistency with applicable laws, regulations, and agency guidance  
    • Provide oversight and quality assurance for university reporting and response systems  
    Rape Awareness Prevention Committee

    The Rape Awareness and Prevention Committee is appointed jointly by the Senior Associate Chancellor for Human Resources and the Vice Chancellor for Student Affairs. The work of the Committee focuses on, but is not limited to, the following areas:  

    • Encouraging the development of educational programs designed to (a) enhance the knowledge of members of the campus community of appropriate measures of self-protection, including security precautions, self-defense, walking in groups in well-lighted areas, use of emergency and cellular phones, Safe Rides information, and escort services; and (b) dispel myths and alter attitudes that contribute to sexual assault in the community  
    • Working with community leaders and service providers, in compliance with the Illinois Campus Security Enhancement Act (110 ILCS 12/), as amended, to reduce the number of sexual assaults and ensure a coordinated response both in terms of law enforcement and survivor’s services  
    • Advising and assisting various units and agencies with the development, implementation, and assessment of awareness, prevention and intervention programs to address stranger and acquaintance sexual assault and other personal and campus safety issues  
    • Becoming knowledgeable of the levels and patterns of sexual assault in the campus community, and alerting the campus administration to any possible trends or need for changes in educational programs, interventions or services  
    • Promoting appropriate training of units and staff responsible for addressing sexual assault  
    Special Populations’ Student Health Concerns Committee 

    The mission of the Special Populations’ Student Health Concerns Committee is to promote balanced, healthy lifestyles among the diverse University of Illinois Urbana-Champaign community and to provide health and wellness information for typically underserved populations. Goals and objectives include:  

    • Promoting dialogue with the university community on cross-cultural health issues and awareness;  
    • Designing and implementing interactive programs that facilitate health awareness to the Urbana campus student community;  
    • Providing translated health education materials in several languages to our target populations (14 health topics currently available in 8 different languages);  
    • Providing illness prevention/health promotion programs through the offices of Student Affairs, ethnic group clubs and organizations and some selected academic units;  
    • Providing valuable health information and related literature by providing links to national, regional, local and Big Ten health centers;  
    • Maintaining the Multicultural Health Clearinghouse website with health information for special populations;  
    • Engaging in activities that will encourage student involvement in health/outreach programs; and  
    • Working with local health/social agencies and also providing desired services to the underserved, underinsured and underrepresented community members.  
    Sexual Misconduct Prevention And Response Task Force 

    The Sexual Misconduct Prevention And Response Task Force was formed to work toward improving coordination between community leaders and service providers to prevent sexual violence, domestic violence, dating violence and stalking and to ensure a coordinated response both in terms of law enforcement and survivor services. The task force meets at least two times per year to discuss and improve:  

    • Best practices as they relate to prevention, awareness, education and response to sexual violence, domestic violence, dating violence and stalking;  
    • The university’s comprehensive policy and procedures; and  
    • Collaboration and information-sharing among our university, community-based organizations and law enforcement, including discussing memoranda of understanding, protocols or other practices for cooperation.  
    Coordinated Community Response Team

    The Coordinated Community Response Team (CCRT) is a multidisciplinary team of campus and community partners who meet regularly to assess, plan, monitor, and evaluate campus prevention and response efforts addressing sexual misconduct (dating and domestic violence, sexual assault, and stalking). This team was created as part of the Grants to Reduce Sexual Assault, Domestic Violence, Dating Violence, and Stalking on Campus Program administered by the Office of Violence Against Women.   

    The Team’s mission statement is “We are leaders, allies, educators, and representatives of the University of Illinois community who work together to direct innovative approaches to preventing and responding to sexual misconduct for the benefit of all in our community. We center those who are most vulnerable, in order to create a community in which all people have the opportunity to learn, grow, and thrive in an environment that is safe and equitable and which upholds the human dignity of each person.”  

    Education and prevention programs 

    The university 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. 

    Educational programming consists of primary prevention and awareness programs for all incoming students and new employees, as well as ongoing awareness and educational initiatives for students and employees that: 

    • Identify domestic violence, dating violence, sexual assault and stalking as prohibited conduct; 
    • Define using definitions provided both by the Department of Education as well as state law what behavior constitutes domestic violence, dating violence, sexual assault and stalking; 
    • Define what behavior and actions constitute consent to sexual activity in the State of Illinois; 
    • Provide a description of safe and positive options for bystander intervention. Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options and taking action to intervene; 
    • Include information on risk reduction. Risk reduction means options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence; 
    • Include information regarding: 
    • Procedures victims can follow if a crime of domestic violence, dating violence, sexual assault and stalking occurs (as described in the “Procedures for reporting” section); 
    • How the university will protect the confidentiality of victims and other necessary parties (as described in the “Assistance for Victims: Rights and Options” section); 
    • Existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available within the university and in the community (as described in the “Resources” section); 
    • Options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures (as described in the “Assistance for Victims: Rights and Options” section); and 
    • Procedures for university disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking (as described in the “Adjudication of sexual misconduct violations” section). 

    Campus officials seek to encourage more people to talk about issues surrounding sexual misconduct. The campus community has a longstanding history of engaging in much-needed discussion around those issues with its First Year Campus Acquaintance Rape Education (FYCARE) program, a sexual assault prevention workshop that has been mandatory for new students since 1996. 

    The university has developed an annual educational campaign consisting of presentations that include distribution of educational materials to new students; participating in and presenting information and materials during new employee orientation; presenting programs throughout the year including sessions such as: skits, residence hall speakers, poster series, web-based training programs, unit-specific consultations and select student-employee orientations. 

    At Illinois, We Care

    The website at wecare.illinois.edu delivers important information about sexual misconduct support, response, prevention and reporting options to those who need it. The website has quick links for those who want to report an incident, those who want to talk to someone, those who want information about how to support survivors and even people who do not necessarily know what to do. 

    The website provides information about confidential and nonconfidential resources, university policies, disciplinary procedures, and frequently asked questions on numerous topics related to supporting survivors, reporting options, and prevention and education programs. 

    Primary prevention education for students 

    All newly enrolled students are required to complete the Voices for Change training. This course is available to all continuing students with an undergraduate or graduate enrollment classification. Voices for Change is an online learning experience to enable academic communities of engaged bystanders who can identify harmful situations and have the motivation and skills needed to intervene. With a focus on self-reflection and concept application, Voices for Change weaves bystander engagement and intervention through four topic areas including: Identity and Inclusion, Consent and Sexual Violence, Alcohol and Other Drugs, and Hazing and Intimidation.

    Any new students who do not complete their Voices for Change training will have a hold that prevents all registration activity placed on their account for the upcoming semester until the coursework is complete.

    The Illinois Preventing Sexual Violence in Higher Education Act mandates the university provide this sexual violence primary prevention and awareness training annually for all students who attend one or more classes on campus. 

    Additionally, the First Year Campus Acquaintance Rape Education (FYCARE) workshop is an interactive discussion on campus sexual assault required for all first-year undergraduates. National studies have shown that 1 in 5 women and 1 in 16 men will experience an actual or attempted sexual assault during their undergraduate career. Perpetrators are most often acquaintances – friends, classmates or dating partners – of the victim. FYCARE focuses on the ways that all students can be involved bystanders and caring supporters who can look out for one another. 

    The program became mandatory in the fall of 1996, in large part due to a grassroots effort from students in response to campus events. Peer institutions frequently look to the FYCARE program as a model for similar programs. Regular evaluations find that FYCARE participants are affected positively in terms of their knowledge about rape and support for survivors. Each year, the FYCARE program undergoes revisions to stay on the cutting edge of sexual assault prevention research as well as the student needs of the university. 

    FYCARE workshops focus on the dynamics of sexual assault, ways to support a survivor, understanding consent and campus and community resources. The majority of workshops are normally held in-person in classroom buildings. During the Fall semester 2020 and Spring semester 2021, these workshops were moved online, but returned to in-person in the fall of 2021. Trained peer facilitators lead students through an engaging discussion in a relaxed atmosphere, drawing upon their own experiences as students on this campus to keep the workshop informative and entertaining. FYCARE recognizes that sexual assault is not only a crime rooted in gender inequality, but also one that affects people of all genders. 

    In an effort to create and maintain a safe campus community, the university has mandated that all students attend a FYCARE workshop during their first semester on campus. Evaluations show that the vast majority of past attendees found the workshops beneficial. Because survivors of sexual assault on campus often reach out to their friends, partners and family members for support and understanding, the workshop is invaluable. 

    Primary prevention education for employees 

    The university strives to achieve and maintain equal opportunity, inclusiveness, equitable treatment and access to education, employment and services for all individuals. As part of this commitment, the university strictly prohibits the offenses of sexual assault, sexual harassment, domestic violence, dating violence and stalking. As members of the university community, it is important that we are part of the solution, not the problem. 

    In the spring semester of each year, all university faculty, staff and extra help are instructed to complete mandatory online training. The training introduces university employees to terms, school policies and their responsibilities regarding sexual misconduct. The training is mandatory under the Illinois Preventing Sexual Violence in Higher Education Act. This training also provides employees with ways in which they can intervene as a bystander. This training program is included in the onboarding information for new employees. 

    As members of this university, it is up to us to create an environment in which interpersonal violence is unacceptable and survivors are supported. 

    Additional prevention and awareness programs 

    The Women’s Resources Center coordinates additional programming around the idea of bystander intervention and healthy relationships. Among those programs are: 

    • ICARE engages students in bystander intervention. In this interactive workshop, students dialogue with peers about consent and sexually disrespectful behavior, understand what helps people intervene in sexually disrespectful situations and set a group norm in which sexually disrespectful behavior is recognized as a problem and active bystander behavior is promoted. 
    • I Heart Healthy Relationships is a 60-90 minute peer-led workshop which leads students in a discussion about what healthy dating relationships entail, how to communicate effectively, what is needed and what should be avoided in a relationship, how to support survivors of domestic violence, and what support services are available on campus. 
    • GUARD is a multi-hour, peer-led seminar for students in fraternities and sororities about creating a safe campus which values consent, supporting survivors of sexual assault, and intervening in potentially dangerous situations. 

    Sexual misconduct awareness and prevention programs offered by the university in 2021 

    Note: In the “Which Prohibited Behavior Covered?” sections, the following abbreviations are used: SA (sexual assault), DaV (dating violence), DoV (domestic violence), S (stalking). 

    2021 Primary Prevention and Awareness Programs for All New Students
    2021 Primary Prevention and Awareness Programs for All New Employees
    2021 Ongoing Prevention and Awareness Programs and Education

    Sexual misconduct resources 

    The University is proud to have multiple confidential resources for those who have experienced sexual misconduct. McKinley Health Center and the Counseling Center provide multiple forms of physical and psychological well-being services, while the Women’s Resources Center has staff designated as Confidential Advisers who are trained and dedicated to providing support and advocacy. 

    * denotes confidential resource 

    Campus 

    Women’s Resources Center* 
    oiir.illinois.edu/womens-center 
    616 E. Green St., Champaign 
    Suite 202 
    217-333-3137 

    Counseling Center* 
    counselingcenter.illinois.edu 
    610 E. John St., Champaign 
    Room 206 
    217-333-3704 

    McKinley Health Center* 
    mckinley.illinois.edu 
    1109 S. Lincoln Ave., Urbana 
    217-333-2700 

    Title IX Coordinator 
    wecare.illinois.edu/titleix 
    614 E. Daniel, Suite 303, Champaign 
    844-616-7978 

    Office of the Dean of Students 
    Student Assistance Center 
    odos.illinois.edu/community-of-care/student-assistance-center/ 
    610 E. John St., Champaign 
    Room 300 
    217-333-0050 

    Office of Student Financial Aid 
    osfa.illinois.edu 
    620 E. John St., Champaign 
    217-333-0100 

    International Student and Scholar Services 
    isss.illinois.edu 
    610 E. John St., Champaign 
    Room 400 
    217-333-1303 

    Office for Access and Equity 
    oae.illinois.edu 
    614 E. Daniel, Suite 303, Champaign 
    217-333-0885 

    Office for Student Conflict Resolution 
    conflictresolution.illinois.edu 
    610 E. John St., Champaign 
    Room 300 
    217-333-3680 

    University Police Department 
    police.illinois.edu 
    1110 W. Springfield Ave., Urbana 
    217-333-1216 

    Student Legal Services 
    odos.illinois.edu/sls 
    1401 W. Green St., Urbana (rm. 324) 
    217-333-9053 

    Community 

    Rape Advocacy, Counseling 
    & Education Services 
    cu-races.org 
    300 S. Broadway Ave., Urbana 
    Suite 154A 
    217-384-4444 (24 hours) 
    877-236-3727 (toll free) 

    Courage Connection 
    courageconnection.org 
    508 E. Church St., Champaign 
    DV hotline: 217-384-4390 

    OSF Heart of Mary 
    Medical Center 
    osfhealthcare.org/heart-of-mary 
    1400 W. Park St., Urbana 
    217-337-2000 

    Land of Lincoln Legal Assistance 
    lollaf.org 
    302 N. First St., Champaign 
    217-356-1351 
    877-342-7891 (toll free) 

    Champaign Police Department 
    champaignil.gov/police 
    82 E. University Ave., Champaign 
    217-351-4545 

    Urbana Police Department 
    urbanaillinois.us/police 
    400 S. Vine St., Urbana 
    217-384-2320 

    Carle Foundation Hospital 
    carle.org 
    611 W. Park St., Urbana 
    217-383-3311 

    State and national 

    Rape, Abuse and Incest National Network (RAINN) 
    rainn.org 
    800-656-4673 

    Love Is Respect 
    loveisrespect.org 
    866-331-9474 

    Illinois Coalition Against Sexual Assault 
    icasa.org 

    National Sexual Violence Resource Center 
    nsvrc.org 

    National Domestic Violence Hotline 
    thehotline.org 
    800-799-7233 

    The Refugee Center 
    therefugeecenter-cu.org 
    217-344-8455 

    National Coalition Against Domestic Violence 
    ncadv.org 

    National Stalking Resource Center 
    victimsofcrime.org/stalking-resource-center/ 

    Procedures for reporting 

    The university has procedures in place that strive to be sensitive to those who report sexual assault, domestic violence, dating violence, and stalking. This includes informing individuals, in writing, about their right to file criminal charges, as well as the availability of counseling and services relating to health, mental health, victim advocacy, legal, student financial aid, visa/immigration assistance, and other services that can be found on and/or off campus. Information will also be provided in writing to the victim pertaining to remedies to prevent contact between a victim and an accused party, such as changes to housing, academic, transportation and working accommodations, if reasonably available. The university will make such accommodations, if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to University Police or local law enforcement. Students and employees should contact the Title IX Office located at 614 E. Daniel, Suite 303, Champaign. The office can be contacted by phone at 844-616-7978 or by email at titleixcoordinator@illinois.edu

    After an incident of sexual assault, domestic violence or dating violence, the victim should consider seeking medical attention as soon as possible at Carle Hospital or OSF Heart of Mary Medical Center. In Illinois, evidence may be collected even if you choose not to make a report to law enforcement. If you decide, at a later date, that you would like to prosecute, this evidence will be available. Hospitals in Illinois are required to notify the local police department that treatment has been given to a sexual assault victim, however victims are not required to communicate with police, and will not be penalized for choosing not to do so. When possible, it is helpful that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where they were assaulted if the offense occurred within the past 96 hours so that evidence may be preserved that may assist in proving that the alleged criminal offense occurred/or is occurring or may be helpful in obtaining a protection order. Regardless of the ability to preserve evidence, victims are not precluded from obtaining medical, law enforcement or other support services. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease. 

    Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful to university hearing boards/investigators or police. 

    Although the university strongly encourages all members of its community to promptly report violations of the university’s Sexual Misconduct Policy to the proper authorities, including on-campus and local police, it is the victim’s choice whether or not to make such a report and victims have the right to decline involvement with the police. The university will assist any victim with notifying the police if they so desire. Confidential support for victims of all gender identities can be accessed through a Confidential Advisor via the Women’s Resources Center and can be reached by calling 217-333-3137, or an advocate at RACES can be contacted at 217-384-4444. Additional information about Confidential Advisors can be found online at https://oiir.illinois.edu/support-services. University Police may be reached directly by calling 217-333-1216, or in person at 1110 W. Springfield, Urbana, IL. Additional information about University Police may be found online at police.illinois.edu

    Victims’ options

    Victims have options regarding the involvement of law enforcement and campus authorities, including the option to: 

    1. notify proper law enforcement authorities, including on-campus and local police; 
    2. be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; or 
    3. decline to notify such authorities 

    If you are the victim of domestic violence, dating violence, sexual assault, or stalking, you can speak with a Confidential Advisor prior to making a report, to discuss any questions or concerns you may have before alerting the university or police. You may  report the incident to the Title IX Office at 614 E. Daniel, Suite 303, Champaign, by phone at 844-616-7978 or by email at titleixcoordinator@illinois.edu or online at https://wecare.illinois.edu/report/; and the University Police Department (if you desire). Victims can also bring a Confidential Advisor to these meetings. After submitting a report, the university will provide written information about resources and supportive measures, both on campus and off campus, including medical and mental health services, to persons who have been victims of sexual assault, domestic violence, dating violence, or stalking, and will provide information about the appropriate disciplinary procedures. The procedures set forth below are intended to afford a prompt response to complaints of sexual assault, domestic or dating violence, and stalking, to maintain confidentiality and fairness consistent with applicable legal requirements, and to impose appropriate sanctions on violators of the university’s Sexual Misconduct Policy. 

    As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders related to the incident more difficult. If a victim chooses not to make a complaint regarding an incident, they nevertheless retain the option to speak with the University Police or other law enforcement to preserve evidence in the event that they change their mind at a later date. 

    If a report of domestic violence, dating violence, sexual assault or stalking is reported to the university, below are the procedures that the university will follow as well as a statement of the standard of evidence that will be used during any disciplinary hearing on campus arising from such a report. 

    Procedures and the standard of evidence used during any disciplinary proceeding on campus 

    Sexual Assault, Domestic Violence, Dating Violence, and Stalking 

    (Preponderance of the evidence standard) 

    1. Depending on when reported (immediate vs delayed report), university will provide complainant with access to medical care. 
    2. University will assess immediate safety needs of complainant. 
    3. University will assist complainant with contacting police if complainant requests AND complainant will be provided with contact information for police department. 
    4. University will provide complainant with referrals to on and off campus counseling services. 
    5. University will assess the need to implement interim or long-term protective or supportive measures, such as housing changes, changes in class schedule, and “No Contact” directives between the parties. 
    6. University will provide a “no trespass” directive to respondent if deemed appropriate. 
    7. University will provide the complainant with a written explanation of the complainant’s rights and options
    8. 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. University will also provide information about resources at wecare.illinois.edu
    9. University will provide information with a link to the Sexual Misconduct Policy[MSE18]  to complainant and inform the complainant regarding timeframes for inquiry, investigation and resolution. 
    10. If an investigation is requested by the complainant or deemed necessary by the university, the university will inform the respondent of the allegations and proceed accordingly. 
    11. University will inform the complainant and the respondent of the outcome of the investigation and, after completing the adjudication process, both parties will be simultaneously informed of the results. 
    12. University will enforce the prohibition on retaliation against any person who retaliates against someone who, in good faith, reports or discloses a violation of, files a complaint, and/or otherwise participates in an investigation, proceeding, complaint, or hearing under the Sexual Misconduct Policy. 

    Assistance for victims: rights and options 

    Regardless of whether a victim elects to pursue a criminal complaint or whether the offense is alleged to have occurred on or off campus, the university will assist victims of sexual assault, domestic violence, dating violence, and stalking and will provide each victim with an explanation of their rights and options. Such information will include: 

    • The procedures victims can follow if a crime of dating violence, domestic violence, sexual assault or stalking has occurred; 
    • Information on how the university will protect the confidentiality of victims and other necessary parties; 
    • A statement that the university will provide written notification to students and employees about victim services within the university and in the community; 
    • A statement regarding the university’s provisions about options for, available assistance in, and how to request accommodations and other supportive and protective measures; and 
    • An explanation of the procedures for institutional disciplinary action. 
    • The rights and options of students who have experienced sexual misconduct are more fully explained at wecare.illinois.edu/policies/campus/rights/
    Confidential options for victims

    Confidential Advisors are available for victims of all gender identities through the Women’s Resources Center and are available for support and advocacy prior to, and regardless of, initiating a student or employee disciplinary process. Confidential Advisors provide campus-specific crisis management and advocacy, share campus and community referral services, conduct safety planning, explore and navigate reporting options, accompany victims to meetings, healing resources and alternatives, and advise victims. 

    Women’s Resources Center 
    oiir.illinois.edu/womens-center 
    616 E. Green St., Suite 202, Champaign 
    217-333-3137 

    Victims’ rights under Illinois law 
    • The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process. 
    • The right to notification of court proceedings. 
    • The right to communicate with the prosecution. 
    • The right to make a statement to the court at sentencing. 
    • The right to information about the conviction, sentence, imprisonment, and release of the accused. 
    • The right to timely disposition of the case following the arrest of the accused. 
    • The right to be reasonably protected from the accused throughout the criminal justice process. 
    • The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim’s testimony would be materially affected if the victim hears other testimony at the trial. 
    • The right to have present at all court proceedings, subject to the rules of evidence, an advocate or other support person of the victim’s choice. 
    • The right to restitution. 

    Orders of protection 

    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 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, but is not limited to: escorts, special parking arrangements, providing a temporary cell phone, 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 Champaign County Circuit Clerk’s office and get papers to seek an order of protection for yourself, or contact the Women’s Resources Center, Rape Advocacy Counseling & Education Services (RACES) or Courage Connection 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 you are the victim of a crime or crimes, the University of Illinois Urbana-Champaign will give you information about how to obtain a campus-issued and enforced or a state-issued no-contact directive and/or an order 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 verbal or physical 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. 

    How to be an active bystander 

    Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.

    Bystanders play a critical role in the prevention of sexual and relationship violence. They are individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it. We want to promote a culture of community accountability where bystanders are actively engaged in the prevention of violence without causing further harm. We may not always know what to do even if we want to help. Below is a list of some ways to be an active bystander. If you or someone else is in immediate danger, you can call 911. This could be when a person is yelling at or being physically abusive towards another and it is not safe for you to interrupt. 

    • Watch out for your friends and fellow students/employees. If you see someone who looks like they could be in trouble or need help, ask if they are okay. 
    • Confront people who seclude, hit on, try to make out with, or have sex with people who are incapacitated. Ask for help if you need it.  
    • Speak up when someone discusses plans to take sexual advantage of another person. 
    • Believe someone who discloses sexual assault, abusive behavior, or experience with stalking. 
    • Refer people to on or off campus resources listed in this document for support in health, counseling, confidential advocacy services, or with legal assistance. 

    The Division of Public Safety, Rape Advocacy Counseling & Education Services (RACES), and the Women’s Resources Center have worked together to create an on-request program to address the ways that bystanders can intervene in situations where sexually coercive behavior might be occurring. Utilizing a format mixing multimedia, lecture, and discussion, the program aims to educate students about how the media and rape myths perpetuate a campus culture that condones sexual violence, as well as how students can intervene and stop the cycle. 

    The Women’s Resources Center provides ICARE, a 60- to 90-minute bystander intervention workshop offered to established groups and organizations on campus. In this highly interactive workshop, students dialogue with peers about consent and sexually disrespectful behavior, understand what helps people intervene in sexually disrespectful situations, set a group norm in which sexually disrespectful behavior is recognized as a problem and active bystander behavior is promoted, and learn a variety of intervention skills. The workshop is also highly customizable and is built specifically for group members to examine their values and how they can work together to end sexual violence. 

    Risk reduction 

    The only person responsible for rape is the offender. Knowing that in some instances sexual misconduct is perpetrated on a serial basis, the university is committed to providing the campus community with strategies to reduce the risk of being targeted by a potential perpetrator (taken from Rape, Abuse, & Incest National Network): 

    • Be aware of your surroundings. 
    • Try to avoid isolated areas. It is more difficult to get help if no one is around. 
    • Walk with purpose. Even if you don’t know where you are going, act like you do. 
    • Try not to load yourself down with bags as this can make you appear more vulnerable. 
    • Make sure your cell phone is with you and charged and that you have cab money. 
    • Avoid becoming isolated with someone you don’t trust or someone you don’t know. 
    • Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone. 
    • When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation. 
    • Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). 
    • Don’t leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, just get a new one. 
    • Don’t accept drinks from people you don’t know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. 
    • At parties, don’t drink from the punch bowls or other large, common open containers. 
    • Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they’ve had, or is acting out of character, get him or her to a safe place immediately. 
    • If you suspect you or a friend has been drugged, contact law enforcement immediately by calling 911. Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others). 

    If you need to get out of an uncomfortable situation, here are some things that you can try: 

    • Remember that being in this situation is not your fault. You did not do anything wrong, it is the person who is making you uncomfortable that is to blame. 
    • Be true to yourself. Don’t feel obligated to do anything you don’t want to do. “I don’t want to” is always a good enough reason. Do what feels right to you and what you are comfortable with. 
    • Have a code word with your friends or family so that if you don’t feel comfortable you can call them and communicate your discomfort discreetly. 
    • Lie. If you don’t want to hurt the person’s feelings it is better to lie and make up a reason to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else that you need to be, etc. 
    • Try to think of an escape route. How would you try to get out of the room? Where are the doors? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby? 
    • If you and/or the other person have been drinking, you can say that you would rather wait until you both have your full judgment before doing anything you may regret later. 

    Title IX Coordinator 

    Reports of all domestic violence, dating violence, sexual assault and stalking made to the University Police Department will automatically be referred to the Title IX Coordinator. 

    Adjudication of sexual misconduct violations 

    Whether or not criminal charges are filed, a person or the university may pursue disciplinary action for violations of the Student Code or university policies through the Student Disciplinary Procedures for students and through the Procedures for Addressing Discrimination, Harassment, and Non-Title IX Sexual Misconduct Complaints or the Procedures for Addressing Title IX Sexual Harassment Complaints for employees. To file a complaint, individuals should contact the Title IX Office or the Office for Student Conflict Resolution if they are alleging a student violated policy, or the Office for Access and Equity if they are alleging an employee violated policy. All complainants, whether student or employee, have the right to consult with a Confidential Advisor, available through the Women’s Resources Center, prior to filing a complaint. 

    Confidential options for victims 

    Victims of all gender identities have the right to have a Confidential Advisor with them throughout the student disciplinary process. Confidential Advisors are available through the Women’s Resources Center and are also available for support and advocacy prior to, and regardless of, initiating a student or employee disciplinary process. Confidential Advisors are available to provide campus-specific crisis management and advocacy, share referral services, conduct safety planning, explore and navigate reporting options (including as a victim is deciding if they want to file a report), meeting accompaniment, healing resources and alternatives, and victim advisement. 

    Women’s Resources Center 
    oiir.illinois.edu/womens-center 
    616 E. Green St., Suite 202, Champaign 
    217-333-3137 

    Disciplinary process for students 

    Consistent with university policy, the disciplinary process will include a prompt, fair, and impartial investigation and resolution process transparent to the complainant and the respondent. Usually, complaints of sexual misconduct are resolved within 60 business days of the report/interview (or within 85 business days, if appealed); however, the proceedings timeframe allows for extensions for good cause with notice to the complainant and the respondent of the delay and the reason for the delay. Investigators and hearing board members are trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking, and are taught how to conduct an impartial investigation and hearing process that protects the safety of the victim and promotes accountability. 

    1. The complainant and the respondent each have the opportunity to participate in an impartial disciplinary process that will be decided by a properly trained investigator and/or panel that protects the safety of victims and promotes accountability; 
    2. The complainant and the respondent will have timely notice for meetings at which the complainant or respondent may be present; 
    3. The institution will allow for timely access for the complainant, the respondent, their advisors if any, and appropriate officials to review any information that will be used during formal and informal disciplinary meetings and hearings; 
    4. The institutional disciplinary procedures will not be conducted by officials who have a conflict of interest or bias for or against the complainant or the respondent or against complainants or respondents generally; 
    5. The institution provides the complainant and respondent the same opportunities to have others present during an institutional disciplinary proceeding. The complainant and the respondent each have the opportunity to be advised by a personal advisor of their choice, at their expense, at any stage of the process and to be accompanied by that advisor at any meeting or proceeding; 
    6. A student conduct decision is based on the preponderance of the evidence standard. In other words, the conduct process asks: “is it more likely than not that the respondent violated the university’s Student Code?” 
    7. The complainant and the respondent will be notified simultaneously in writing of the result of any disciplinary proceeding, as well as any changes to those results or disciplinary actions prior to the time that such results become final; and 
    8. The complainant and the respondent each have the right to appeal the outcome of the proceeding by filing a written appeal within five business days of the written decision and will be notified simultaneously in writing of any change to the result prior to the time that it becomes final and of the final result after the appeal is resolved. 

    When a complainant does not consent to the disclosure of his or her name or other identifiable information to the alleged perpetrator, the university’s ability to respond to the complaint may be limited. 

    Adjudication of violations for student discipline 

    If the respondent is a student, the Student Disciplinary Procedures govern the adjudication of violations of the Sexual Misconduct Policy. Specifically, cases that include allegations that a student has engaged in behavior that meets the definition of Title IX sexual harassment (as of the August 14, 2020, effective date) are addressed through the process described in Appendix D of the Student Disciplinary Procedures. All other cases that include allegations that a student has engaged in sexual misconduct that does not meet the definition of Title IX sexual harassment are addressed through the process described in Articles II and III. You may view the Student Disciplinary Procedures at conflictresolution.illinois.edu/policies/student-discipline. The Student Code can be accessed at studentcode.illinois.edu

    The major procedural steps are: 
    1. The Office for Student Conflict Resolution (OSCR) receives information of possible code violations from many sources including local and University Police, faculty, staff, and students. For complaints covered by Title IX, only the complainant or the Title IX Coordinator can file a formal complaint. 
    2. If necessary or appropriate, the complainant is invited to meet with a properly trained case coordinator (sometimes referred to as an investigator) to discuss the nature of the incident. 
    3. The case coordinator determines whether, if substantiated, the allegations would constitute a violation of the Student Code. 
    4. A written notice describing the allegations is sent to the complainant and the student alleged to have violated the Student Code (hereafter referred to as the respondent). 
    5. The case coordinator meets (or attempts to meet) with the respondent, complainant, and relevant witnesses to gather evidence. 
    6. The case coordinator compiles the evidence into a report and affords both the complainant and the respondent an opportunity to respond to the report. 
    7. The OSCR director appoints three members of the Subcommittee on Sexual Misconduct to serve on a Panel. This Panel reviews the evidence; conducts a live hearing in which the respondent, the complainant, and witnesses are invited to participate; and determines whether the respondent is responsible for violating university policy. If the Panel finds that the respondent is responsible for violating the Student Code, the Panel will also assign sanctions. Panel members are faculty, staff, and students who must have no bias for or against the parties or against complainants or respondents generally, and no conflicts of interest. (If the respondent is not accused of behavior that would be covered by Title IX and is not under consideration for suspension or dismissal, then the case coordinator is empowered to determine responsibility and assign sanctions directly.) 
    8. Written notice of the outcome is provided to both parties. 
    9. Disciplinary decisions are subject to appeal by the respondent and the complainant. Depending upon the nature of the complaint , appeals are decided by the Director of the Office for Student Conflict Resolution or by appropriately trained members of the Senate Committee on Student Discipline, and their decisions are final. 
    The anticipated timelines are: 
    1. Case coordinators generally send charge/allegation notices within 1 to 2 business days of the investigators’ determination that a formal investigation is warranted. 
    2. Investigations will occur promptly and will vary depending on the complexity of the incident, the availability of important information and documents, the cooperation of the parties and witnesses, etc. The investigation generally takes between 10 and 40 business days. 
    3. Evidence review by the parties, including the opportunity to respond, typically takes between 5 and 20 business days. 
    4. If a formal hearing is scheduled, the parties will be notified of the date, time, and location at least 7 business days in advance (for Title IX cases) or at least 5 business days in advance (for other sexual misconduct cases). 
    5. Appeals must be filed within 5 business days of the decision letter. Appeals will be decided promptly but, depending upon the nature of the complaint, may require assembling a committee and providing the committee with sufficient opportunity to review the appeal. This may take 10-20 business days. 
    6. Usually the complaint will be resolved within 60 business days of the report (or within 85 business days, if appealed). 
    The decision-making process includes: 
    1. Decisions in the student disciplinary process are made based on the preponderance of the evidence standard. All relevant information is considered and weighed. 
    2. Both parties may provide all relevant information to OSCR for review and consideration. 
    Sanctions 

    The Student Disciplinary Process will assign both formal and educational/behavioral sanctions. 

    1. Formal sanctions: University Reprimand, University Censure, Conduct Probation, Suspension, Dismissal, and Dismissal Held in Abeyance. Suspension and Dismissal are noted on the academic transcript for the duration of the sanction. 
    2. Educational/Behavioral sanctions for any violation of the Student Code: No contact directives, no trespass orders, violence prevention programs, workshops on ethical decision making, meetings with mentors or disciplinary officers, research papers, letters of apology, personal journal reviews with a disciplinary officer, reflective essays, policy review essays, educational interviews, substance abuse assessments and programs, drug testing, topic-focused discussions with licensed professionals, mandated service to the community, and other educational projects. 

    Disciplinary process for employees 

    As set forth in its Nondiscrimination Policy and Sexual Misconduct Policy, the University of Illinois Urbana-Champaign is committed to ensuring that its learning and working environments are free from all forms of discrimination and harassment. Alleged violations by university employees of the University Nondiscrimination Policy and Sexual Misconduct Policy may be reported by students, applicants, visitors, faculty, staff, employees, or former employees of the University of Illinois Urbana-Champaign or by third parties with knowledge of the alleged violation. 

    For complaints outside the Nondiscrimination Policy or Sexual Misconduct Policy, students or employees may have access to other resources or problem-solving processes on campus, including those offered through their units, the Office for Student Conflict Resolution, the Faculty Advisory Committee or the Professional Advisory Committee, Campus Belonging Resources (replaces the Bias Assessment and Response Team), and negotiated grievance procedures in collective bargaining agreements. 

    Investigations may be implemented irrespective of any criminal proceeding or administrative action pursued in accordance with applicable departmental or University policies.

    Investigators and decision-makers receive annual training on issues related to dating violence, domestic violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. 

    Complainants and respondents have the same opportunities to have others present during disciplinary proceedings and to each have the opportunity to be advised by a personal advisor of their choice, at their expense, at any stage of the process. They may be accompanied by that advisor at any meeting or proceeding. 

    The process for accepting complaints and addressing those complaints is consistent with the university’s policies and is transparent to complainants and respondents. Both complainants and respondents receive timely notice for meetings at which either or both may be present. In addition, complainants, respondents and appropriate officials are provided timely and equal access to any information that will be used during informal and formal disciplinary meetings and hearings. 

    The disciplinary process for employees is conducted by officials and decision-makers who have no bias for or against the parties or against complainants or respondents generally, and no conflicts of interest.

    Adjudication of violations for employee discrimination and harassment violations 

    If the respondent is an employee, the Procedures for Addressing Discrimination, Harassment, and Non-Title IX Sexual Misconduct Complaints, or for incidents that fall under Title IX sexual harassment as of the August 14, 2020, effective date, the Procedures for Addressing Title IX Sexual Harassment Complaints, govern the adjudication of alleged violations. These procedures can be accessed at oae.illinois.edu/discrimination-and-harrassment-prevention.html

    The major steps in the Procedures for Addressing Discrimination, Harassment, and Non-Title IX Sexual Misconduct Complaints are: 
    1. Office for Access and Equity receives information of possible policy violations from complainant, supervisor or university unit. 
    2. The Office for Access and Equity will determine the most effective method of investigating alleged violations of the Nondiscrimination Policy and the Sexual Misconduct Policy. In the normal course, an investigation will include (a) interviewing the complainant, the respondent(s), and any other relevant individuals and witnesses, (b) reviewing written statements, documents, records, and other relevant evidence, (c) an investigation report to which both the respondent and complainant are afforded an opportunity to respond and (d)  a report with a determination regarding responsibility or dismissal will be issued and submitted to the respondent’s department head for review and approval.  
    3. After the issuance of the investigation report, the investigator will convene a meeting with the department head, human resources, and the provost’s office (when investigations involve faculty respondents). The department head shall then submit a written response to the investigator’s findings and recommendations. The complainant and the respondent will simultaneously receive a written copy of the department’s response. 
    4. The complainant and the respondent each have the right to file an appeal to a three-person appeals panel based on one or more of the following reasons: 
    5. There was a procedural irregularity that affected the outcome of the matter; 
    6. New evidence has come to light 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/or 
    7. 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 the specific complainant or respondent that affected the outcome of the matter. 

    The appeal must be submitted in writing with all supporting materials attached. 

    The anticipated timelines are: 
    1. The investigator shall issue an investigation report for a formal investigation within 60 calendar days from the date the complainant meets with the investigator and determines to move forward with the formal process or from the date that a formal investigation is initiated by the Office for Access and Equity in the event that no formal complaint has been filed. Extensions may be sought from the Director of the Office for Access and Equity and will be granted when necessary to ensure a thorough investigation. Extensions are requested, granted or disapproved in writing, and simultaneous written notice will be provided to all parties involved. 
    2. After the department head meets with the investigator, human resources, and the provost’s office (when investigations involve faculty respondents), the department head must submit a written response to the investigator’s findings and recommendations. If the response is not received within ten days and no extension is requested, then the investigator’s report will be deemed to be accepted by the respondent’s department. 
    3. The complainant and the respondent each have the right to appeal the findings of the investigation. If the complainant or respondent decides to appeal, the appeal must be submitted in writing to the Director or Associate Vice Chancellor for Compliance within 7 calendar days of the issuance of the investigation report. The appeals panel will render a written decision within 7 days of its deliberation (or as soon as feasible when extensions are necessary). The written decision on the appeal will be delivered simultaneously to all parties involved and is final. 
    The decision-making process includes: 

    For a report to proceed to a formal investigation, there must be a reasonable suspicion that the complainant’s allegations, if substantiated, would constitute a violation of the Nondiscrimination or Sexual Misconduct Policy. In the investigation, the investigator’s findings of fact shall be made using the preponderance of the evidence standard (i.e., more likely than not). 

    Resolution options and how the university decides which process to use: 

    If a violation of policy is found, the relevant university unit, in consultation with Illinois Human Resources, shall determine and take appropriate corrective and/or disciplinary action, up to and including dismissal if warranted. All corrective action and discipline will be imposed in accordance with applicable University statutes and relevant University rules and regulations. 

    When required to do so by law or federal guidance, the university will disclose to the complainant any disciplinary sanctions imposed against the respondent(s). Respondent(s) may have an opportunity to challenge or appeal corrective and/or disciplinary actions through the applicable disciplinary policies and procedures and/or grievance process. If no violation of policy is found, the university may still take corrective action if other unit or university rules have been violated and/or when otherwise required based on institutional interests and needs. 

    The major steps in the Procedures for Addressing Title IX Sexual Harassment Complaints are: 
    1. Office for Access and Equity receives a signed formal complaint from either the complainant or Title IX coordinator. 
    2. The Office for Access and Equity will determine the most effective method of investigating alleged violations of the Title IX Sexual Harassment section of the Sexual Misconduct policy. In the normal course, an investigation will include (a) interviewing the complainant, the respondent(s), and any other relevant individuals and witnesses, (b) reviewing written statements, documents, records, and other relevant evidence, (c) an investigation report to which both the respondent and complainant are afforded an opportunity to respond. 
    3. The report will make no conclusions, engage in no policy analysis, and render no recommendations. Once the final investigation report is shared with the parties, the investigator will refer the matter for a hearing. 
    4. An Associate Director will select an appropriate three-member Decision-Maker Panel which will oversee the hearing process and subsequently draft the written deliberation statement. The hearing will permit the parties to have an advisor of their choice present, submit evidence, engage in cross-examination, and submit an impact statement. The Decision-Maker Panel will make its determination based upon a preponderance of the evidence.
    5. The complainant and the respondent each have the right to file an appeal to a three-person appeals panel based on one or more of the following reasons:
      1. There was a procedural irregularity that affected the outcome of the matter; 
      2. New evidence has come to light 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/or 
      3. 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 the specific Complainant or Respondent that affected the outcome of the matter. 

    The appeal must be submitted in writing with all supporting materials attached. 

    The anticipated timelines are: 
    1. Final investigatory reports are generally completed within 90 days of a formal complaint being filed. However, extenuating circumstances can cause delay. The university will avoid all undue delays within its control and provide written notice to the parties of the delay, the cause of the delay, and an estimate of the additional time that will be needed as a result. 
    2. The hearing must be at least 10 days from when the final report was sent to the parties. Once the hearing has concluded the written deliberation statement is due to an Associate Director within 14 days of the end of the deliberation and will be sent to the parties simultaneously. 
    3. The complainant and the respondent each have the right to appeal the findings of the written deliberation statement. If the complainant or respondent decides to appeal, the appeal must be submitted in writing to the Director or Associate Vice Chancellor for Compliance within 7 calendar days of the issuance of the written deliberation statement. The appeals panel will render a written decision within 7 days of its deliberation (or as soon as feasible when extensions are necessary). The written decision on the appeal will be delivered simultaneously to all parties involved and is final. 
    Dismissal of Charges (Mandatory and Discretionary) 

    The university must dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that: 

    1. The conduct alleged in the formal complaint would not constitute Title IX sexual harassment as defined in the Sexual Misconduct Policy, even if proved; and/or 
    2. The conduct did not occur in an educational program or activity; and/or 
    3. The conduct did not occur against a person in the United States. 
    The University may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing: 
    1. A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein; or 
    2. The respondent is no longer enrolled in or employed by the university; or 
    3. Specific circumstances prevent the university from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein. 
    Resolution options and how the university decides which process to use: 

    If a violation of policy is found, the relevant university unit, in consultation with Illinois Human Resources, shall take appropriate corrective and/or disciplinary action, up to and including dismissal. All corrective action and discipline will be imposed in accordance with applicable University statutes and relevant University rules and regulations.

    When required to do so by law or federal guidance, the university will disclose to the complainant any disciplinary sanctions imposed against the respondent(s). Respondent(s) may have an opportunity to challenge or appeal corrective and/or disciplinary actions through the applicable disciplinary policies and procedures and/or grievance process. 

    Sanctions 

    The Office for Access and Equity may recommend the following sanctions for employees: 

    Tenured and Tenure-Track Faculty 
    • Participation in educational programs about equal opportunity or harassment 
    • No contact order 
    • Verbal counseling 
    • Letter of Expectation 
    • Denial of salary increase 
    • University of Illinois Statutes, Article IX, Section 6. Severe Sanctions Other Than Dismissal for Cause for Members of the Faculty 
    • University of Illinois Statutes, Article X, Section 1, Parts (c), (d), and (e) (Termination of Tenure) 
    Specialized Faculty 
    • Participation in educational programs about equal opportunity or harassment 
    • No contact order 
    • Verbal counseling 
    • Letter of Expectation 
    • Denial of salary increase 
    • Non-renewal of appointment 
    • Immediate dismissal 
    Academic Professionals 
    • Participation in educational programs about equal opportunity or harassment 
    • No contact order 
    • Letter of Expectation 
    • Denial of salary increase 
    • Notice of Non-reappointment 
    • Immediate Dismissal 
    Civil Service 
    • Participation in educational programs about equal opportunity or harassment 
    • No contact order 
    • Work Performance Reminder 
    • Written Reminder 
    • Decision Making Leave 
    • Denial of salary increase (for certain classifications) 
    • Discharge 
    Graduate Employees 
    • Participation in educational programs about equal opportunity or harassment 
    • No contact order 
    • Reassignment 
    • Letter of Expectation 
    • Termination 
    Extra Help/Academic Hourly 
    • Immediate termination 
    Disclosure 

    The university will, upon written request, disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, a report on the results of any disciplinary proceeding conducted by the university against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as the result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph. 

    Confidentiality 

    Personal identifiable information about the victim will be treated as confidential and only shared with persons with a specific need to know who are investigating/adjudicating the complaint or delivering resources or support services to the complainant (for example, publicly available record-keeping for purposes of Clery Act reporting and disclosures will be made without inclusion of identifying information about the victim). Further, the university will maintain as confidential any accommodations or other supportive and protective measures provided to the victim to the extent that maintaining such confidentiality would not impair the ability of the university to provide the accommodations or other supportive and protective measures. 

    The university does not publish the name of crime victims nor house identifiable information regarding victims in the University Police Department’s Daily Crime Log or online. Victims have the right to require that directory information about them not be disclosed. To make this request, a student must submit a “Request to Suppress Directory Information” to the Office of the Registrar at 217-333-6565. Students who request suppression of directory information usually do so because of serious, even dangerous, circumstances. It is critical that their privacy be protected in every situation. If a student has elected to suppress directory information, the university will respond to inquiries as follows: “There is no information available for any student by that name.” 

    Supportive and protective measures and sanctions 

    The university may implement supportive and protective measures following the report of domestic violence, dating violence, sexual assault and/or stalking.

    Examples of supportive and protective measures include, but are not limited to: a university order of no contact, an order of no trespass, counseling and/or medical services, residence hall relocation, temporary housing, or changes to dining situations, adjustment of course schedules or other academic adjustments, a leave of absence, assistance with transportation situations, or changes to work situations, such as reassignment to a different supervisor or position or adjusting reporting lines. These measures may be applied to one, both, or multiple parties involved. Violations of university orders of no contact, no trespass and/or protective measures will constitute related violations that may lead to additional disciplinary action. Protective measures imposed may be temporary pending the results of an investigation or may become permanent as determined by the university.

    Sanctions for student disciplinary violations are noted in the previous section on the student disciplinary process. 

    For students, sexual assault, domestic violence, dating violence, and stalking are violations of the Student Code. Employees who violate the Sexual Misconduct Policy will be subject to discipline, up to and including termination of employment. 

    Sexual assault, domestic violence, dating violence, and stalking are criminal acts which also may subject the perpetrator to criminal and civil penalties under federal and state law. 

    The Title IX Coordinator or their designee will determine whether supportive/protective measures should be implemented, and, if so, take steps to implement those supportive/protective measures as soon as possible. 

    Confidential advising/advocacy for victims 

    Victims of all gender identities have the right to have a Confidential Advisor with them throughout the adjudication process. Confidential Advisors are available through the Women’s Resources Center and are also available for support and advocacy prior to, and regardless of, initiating a student or employee disciplinary process. Confidential Advisors are available to provide campus-specific crisis management and advocacy, share referral services, conduct safety planning, explore and navigate reporting options, accompany victims to meetings, offer healing resources and alternatives, and advising victims. 

    Women’s Resources Center 
    oiir.illinois.edu/womens-center 
    616 E. Green St., Suite 202, Champaign 
    217-333-3137 

    Sex offender registration 

    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 website, by accessing https://isp.illinois.gov/Sor/Disclaimer.