Sex-Based 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. The university does not discriminate against any person based on sex and prohibits sex discrimination in its education programs or activities, including in admission and employment. The university will take action to provide appropriate remedies when such conduct is found. 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 sex-based misconduct.
Purpose
The purpose of this policy is to provide a safe and welcoming educational and work environment free from sex-based misconduct and to establish standards of conduct that are appropriate for our campus community; and to comply with laws including 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.
Notice of Nondiscrimination
A notice of nondiscrimination will be available on the University of Illinois System website and in handbooks, catalogs, announcements, bulletins, and application forms. The website location for the notice of nondiscrimination is University of Illinois System Statement on Sex Discrimination.
Relation to Other Laws and Policies
Conduct prohibited by this policy may violate other laws and policies, including, but not limited to, the university’s Nondiscrimination Policy, the University Code of Conduct, the Policy on Workplace-Related Intimate Personal Relationships, and the Student Code.
Definitions
The following definitions are used in the University of Illinois Urbana-Champaign Sex-Based Misconduct Policy. Federal definitions can be found in the section of this report titled “Definitions of reportable crimes.”
Sex Discrimination
Sex discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Discrimination is different treatment with respect to an individual’s employment or participation in an education program or activity based, in whole or in part, upon the individual’s actual or perceived sex-based protected characteristic. Discrimination also includes allegations of a failure to provide reasonable accommodations or modifications for pregnancy or related conditions. Different treatment includes any differential treatment of a person or persons that is based on an individual’s actual or perceived sex and that:
- Excludes an individual from participation in;
- Denies the individual benefits of; or
- Otherwise adversely affects a term or condition of an individual’s participation in a university program or activity.
In the limited circumstances in which Title IX law permits different treatment or separation on the basis of sex, the university must not carry out such different treatment or separation in a manner that discriminates on the basis of sex by subjecting a person to more than de minimis harm, except as permitted by the exceptions and corresponding regulations in the U.S. Code.
Sex-Based Harassment
Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is: Quid Pro Quo Harassment, Hostile Environment Harassment, Sexual Assault, Dating Violence, Domestic Violence, or Stalking.
Quid Pro Quo Harassment
Quid pro quo harassment means a university employee, agent, or other person authorized by the university to provide an aid, benefit, or service under the university’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
Hostile Environment Harassment
Hostile environment harassment means unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the university’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
- The degree to which the conduct affected the complainant’s ability to access the university’s education program or activity;
- The type, frequency, and duration of the conduct;
- The parties’ ages, roles within the university’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
- The location of the conduct and the context in which the conduct occurred; and
- Other sex-based harassment in the university’s education program or activity.
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:
- the person is incapacitated due to the use or influence of alcohol or drugs;
- the person is asleep or unconscious;
- the person is under the legal age to provide consent; or
- the person has a disability that prevents such person from having the ability or capacity to give consent.
To be found responsible in a case involving a Complainant who could not consent to sexual activity, the Respondent must have known, or should have known, the Complainant was unable to understand the nature of the sexual activity or give knowing consent due to the circumstances. “Should have known” is an objective, reasonable person standard. That is, would a reasonable person have recognized that the Complainant could not consent to the sexual activity.
Coercion
Coercion is the use of force, threats, intimidation, or severe or persistent pressure that would reasonably cause an individual to fear significant consequences if they refuse to engage in sexual contact. In evaluating whether Coercion was used, the university will consider: (1) the frequency, intensity, and duration of the pressure; (2) the degree of isolation of the person being pressured; and (3) any actual or perceived power differential between the parties in the context of their respective roles within the university. For example, when a person expresses a decision not to participate in a particular sexual activity, a decision to stop, or a decision not to go beyond a certain sexual interaction, continued pressure can be coercive.
Dating Violence
Dating violence means violence committed by a person:
- who is or has been in a social relationship of a romantic or intimate nature with the victim; and
- where the existence of such a relationship shall be determined based on consideration of the following factors:
- the length of relationship;
- the type of relationship; and
- the frequency of interaction between the persons involved in the relationship.
Dating violence does not include acts covered under the definition of domestic violence.
Domestic Violence
Domestic Violence meaning felony or misdemeanor crimes committed by a person who:
- Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the university, or a person similarly situated to a spouse of the victim;
- Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
- Shares a child in common with the victim; or
- Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of Illinois.
Examples of felony or misdemeanor crimes for the purpose of this definition include but are not limited to: domestic battery, aggravated domestic battery, stalking, aggravated stalking, cyberstalking, sexual assault, and sexual abuse.
Stalking
Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- Fear for the person’s safety or the safety of others; or
- Suffer substantial emotional distress.
For the purposes of this definition:
- Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
This Policy addresses stalking on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Stalking is generally determined to be sex-based when it:
- is sexual or romantic in nature;
- is committed by the victim’s current or former partner of an intimate, romantic, or sexual nature; and/or
- is related to the victim’s actual or perceived sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, or gender expression (including victim exhibiting or failing to conform to traditional notions of femininity and masculinity).
Where a report of Stalking involves the alleged behavior of a Student, the Title IX Coordinator will determine if the reported conduct meets these criteria. Alleged stalking behavior by a Student that does not fall under this Policy may be addressed under the Student Code by the Office for Student Conflict Resolution.
Where a report of Stalking involves the alleged behavior of a university employee, applicant for employment, other affiliated individual, or third party, the Title IX Coordinator, in consultation with the Office for Access & Equity – Equal Employment Opportunity division and the applicable Human Resources unit, will determine if the reported conduct meets the above criteria. Alleged Stalking behavior by a university employee or applicant for employment, other affiliated individual, or a third party that does not fall under this policy may be referred to Illinois Human Resources and may be addressed using applicable policies and procedures.
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:
- 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.
- 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.
- 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 sex-based 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 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:
- 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;
- allowing another to observe, record, or photograph nudity or sexual activity of one or more persons without their consent; or
- otherwise distributing recordings, photographs, or other images of the nudity or sexual activity of one or more persons without their consent.
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 person by the university, a student, or an employee or other person authorized by the university to provide aid, benefit, or service under the university’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or this policy, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy, including in an informal resolution process, in grievance procedures, and in any other actions taken by the university under this policy. Nothing in this definition or this policy precludes the university from requiring an employee or other person authorized by a university to provide aid, benefit, or service under the university’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing under this 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.
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
a. 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:
- 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;
- the person causes bodily harm to the victim, except as provided in paragraph (10);
- the person acts in a manner that threatens or endangers the life of the victim or any other person;
- the person commits the criminal sexual assault during the course of committing or attempting to commit any other felony;
- the victim is 60 years of age or older;
- the victim is a person with a physical disability;
- 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;
- the person is armed with a firearm;
- the person personally discharges a firearm during the commission of the offense; or
- 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.
b. 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.
c. 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:
- the victim is under 13 years of age; or
- the victim is under 13 years of age and that person:
- is armed with a firearm;
- personally discharges a firearm during the commission of the offense;
- causes great bodily harm to the victim that:
- results in permanent disability; or
- is life threatening; or
- 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
a. A person commits criminal sexual abuse if that person:
- commits an act of sexual conduct by the use of force or threat of force; or
- 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.
b. 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.
c. 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
- 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:
- 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;
- the person causes bodily harm to the victim;
- the victim is 60 years of age or older;
- the victim is a person with a physical disability;
- the person acts in a manner that threatens or endangers the life of the victim or any other person;
- the person commits the criminal sexual abuse during the course of committing or attempting to commit any other felony; or
- 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.
- 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.
- A person commits aggravated criminal sexual abuse if:
- that person is 17 years of age or over and:
- commits an act of sexual conduct with a victim who is under 13 years of age; or
- 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
- that person is under 17 years of age and:
- commits an act of sexual conduct with a victim who is under 9 years of age; or
- 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.
- 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.
- 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.
- 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
- A person commits sexual relations within families if he or she:
- Commits an act of sexual penetration; and
- The person knows that he or she is related to the other person as follows:
- Brother or sister, either of the whole blood or the half blood; or
- 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
- Stepfather or stepmother, when the stepchild was 18 years of age or over when the act was committed; or
- Aunt or uncle, when the niece or nephew was 18 years of age or over when the act was committed; or
- 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
- 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:
- knowing or reckless use of physical force, confinement or restraint;
- knowing, repeated and unnecessary sleep deprivation; or
- 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:
- creating a disturbance at petitioner’s place of employment or school;
- repeatedly telephoning petitioner’s place of employment, home or residence;
- repeatedly following petitioner about in a public place or places;
- 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;
- 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
- 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
- A person commits domestic battery if he or she knowingly without legal justification by any means:
- causes bodily harm to any family or household member;
- 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:
- fear for his or her safety or the safety of a third person; or
- 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:
- 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
- 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:
- follows that same person or places that same person under surveillance; and
- 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:
- “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.
- “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.
- “Emotional distress” means significant mental suffering, anxiety or alarm.
- “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.
- “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.
- “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.
- “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.
- “Reasonable person” means a person in the victim’s situation.
- “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.
- 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.
- This Section does not apply to an exercise of the right to free speech or assembly that is otherwise lawful.
- 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:
- causes bodily harm to the victim;
- confines or restrains the victim; or
- 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.
- 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.
- This Section does not apply to an exercise of the right to free speech or assembly that is otherwise lawful.
- 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:
- fear for his or her safety or the safety of a third person; or
- 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:
- 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
- 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
- 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:
- 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;
- 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
- 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:
- 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
- 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:
- 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
- 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
- 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:
- (0.5) “Anxiety” means excessive worry and apprehensive expectations, occurring more days than not for at least 6 months, about a number of events or activities, such as work or school performance and is associated with 3 or more of the following 6 symptoms with at least some symptoms present for more days than not for the past 6 months:
- restlessness or feeling keyed up or on edge;
- easily fatigued;
- difficulty concentrating or mind going blank;
- irritability;
- muscle tension; and
- sleep disturbance such as difficulty falling or staying asleep, or restless and unsatisfying sleep.
- (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:
- 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;
- 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
- 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
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 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, sex-based 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.
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 sex-based misconduct violations” section).
Campus officials seek to encourage more people to talk about issues surrounding sex-based misconduct. The campus community has a longstanding history of engaging in much-needed discussion around those issues with its First Year Consent and Relationship Education (FYCARE) program, a sexual assault prevention workshop that has been mandatory for incoming undergraduate students, including first-year and transfer 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 wecare.illinois.edu delivers important information about sex-based 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 and transfer 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, but are offered both in-person and virtually. 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
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 sex-based misconduct. The training is mandatory under the Illinois Preventing Sexual Violence in Higher Education Act and Title IX regulations. 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 sexual violence prevention programming, including educational workshops that are available to all members of the campus community by request. Among those programs are:
- ICARE Bystander Intervention is a peer-led workshop that engages students in exploring bystander intervention in the context of preventing sexual violence. 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.
- In addition to peer-led programs, the Women’s Resources Center also offers staff-led educational programs on topics such as navigating consent, how to support survivors, stalking prevention, and violence awareness.
Sex-based misconduct awareness and prevention programs offered by the university in 2023
Note: In the “Which Prohibited Behavior Covered?” sections, the following abbreviations are used: SA (sexual assault), DaV (dating violence), DoV (domestic violence), S (stalking).
2023 Primary Prevention and Awareness Programs for All New Students
Name of Program | Date Held | Location Held | Number of Attendees | Which Prohibited Behavior Covered? |
---|---|---|---|---|
Voices for Change Comprehensive | 01/01/2 023 - 12/31/2 023 | On- line | 42,159 (all students were provided the training, including new students and returning students) | SA, DoV, DaV, S |
FYCARE (First Year Consent and Relationship Education) | 01/01/2023 – 12/31/2023 | Various buildings and online | 11,032 (new students, including transfer and first-years) | SA, DoV, DaV, S |
2023 Primary Prevention and Awareness Programs for All New Employees
Name of Program | Date Held | Location Held | Number of Attendees | Which Prohibited Behavior Covered? |
---|---|---|---|---|
Harassment and Discrimination + Title IX Training | 01/01/202 3 – 12/31/202 3 (and as hired) | On- Line (NESSI E New Hire) | 20,346 (all employees were provided the training, including new employees and current employees) | SA, DoV, DaV, S |
2023 Ongoing Prevention and Awareness Programs and Education
Sex-based misconduct resources
The University is proud to have multiple confidential resources for those who have experienced sex-based 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*
wrc.illinois.edu
616 E. Green St., Champaign
Suite 213
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/Title IX Office
wecare.illinois.edu/titleix
614 E. Daniel, Suite 303, Champaign
844-616-7978
Office of the Dean of Students
The Connie Frank CARE Center
odos.illinois.edu/community-of-care/CAREcenter
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
432 Student Services Building
610 E. John St., Champaign
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
301 S. Vine St., Urbana
Suite103
217-384-4444 (24 hours)
877-236-3727 (toll free)
Courage Connection
courageconnection.org
1304 E. Main St., Urbana
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
217-753-4117
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
victimconnect.org/learn/types-of-crime/stalking
855-484-2846
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 Sex-Based 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 wrc.illinois.edu/advocacy/confidential-advising. 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:
- notify proper law enforcement authorities, including on-campus and local police;
- be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; or
- 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 wecare.illinois.edu/report and the University Police Department (if you desire). Victims can also bring a Confidential Advisor or support person 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 Sex-Based 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)
- Depending on when reported (immediate vs delayed report), university will provide complainant with access to medical care.
- University will assess immediate safety needs of complainant.
- University will assist complainant with contacting police if complainant requests AND complainant will be provided with contact information for police department.
- University will provide complainant with referrals to on and off campus counseling services.
- University will assess the need to implement interim or long-term supportive measures, such as housing changes, changes in class schedule, and “No Contact” directives between the parties.
- University will provide a “no trespass” directive to respondent if deemed appropriate.
- University will provide the complainant with a written explanation of the complainant’s rights and options.
- 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.
- University will provide information with a link to the Sex-Based Misconduct Policy to complainant and inform the complainant regarding timeframes for inquiry, investigation and resolution.
- 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.
- 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.
- 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 Sex-Based 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 sex-based 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
wrc.illinois.edu
616 E. Green St., Suite 213, Champaign
217-333-3137
Victims’ rights under Illinois law
- The right to be treated with fairness and respect for their dignity and privacy and to be free from harassment, intimidation, and abuse throughout the criminal justice process.
- The right to notice and to a hearing before a court ruling for access to any of the victim’s records, information, or communications which are privileged or confidential by law.
- The right to timely notification of all court proceedings.
- The right to communicate with the prosecution.
- The right to be heard at any post-arraignment court proceeding in which a right of the victim is at issue and any court proceeding involving a post-arraignment release decision, plea, or sentencing.
- The right to be notified of 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 have the safety of the victim and the victim’s family considered in denying or fixing the amount of bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction.
- 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 and 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 resources and accommodations from various departments of the institution, 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.
Harm reduction
The only person responsible for rape is the offender. Knowing that in some instances sex-based 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):
Staying Safe
- What Consent Looks Like – The laws vary by state and situation, but you don’t have to be a legal expert to understand how consent plays out in real life.
- How to Respond if Someone Is Pressuring You – If someone is pressuring you to engage in sexual activity, it is important to remember that being in this situation is not your fault. Here are some strategies to try.
- Safety Planning – Brainstorming ways to stay safe may help reduce the risk of future harm.
- Safety Tips for Traveling – Whether you travel often or you’re getting ready for a once-in-a-lifetime vacation, it’s important to think about safety as part of your travel preparations.
- Alcohol Safety – There are steps you can take to increase your safety in situations where drinking may be involved. Like any safety tips, they are not a guarantee, but they may help you feel more secure in social situations.
- Let’s Talk About… – Check out RAINN’s comics on consent, safe dating tips for teens, talking with young children about sexual assault, and talking with college students about stay safe on campus.
Protecting Others
- Practicing Active Bystander Intervention – When you see something that doesn’t seem right, there are simple ways to step in and help a friend.
- Your Role in Preventing Sexual Assault – Whether it’s giving someone a safe ride home from a party or diverting a person who is engaging in uncomfortable behavior, anyone can help prevent sexual violence.
Online Safety
- Online Dating and Dating App Safety Tips – As is the case when meeting someone new, whether online or offline, it’s wise to keep a few safety precautions in mind. Below are some steps you can take to increase your safety when interacting with others through online dating apps and services. Like any safety tips, they are not a guarantee, but they may help you feel more secure.
- Safe Web Browsing – There are two important safety elements to consider when browsing for help online: privacy and security.
- Social Media Safety – What you choose to share on social media is always your decision, but what others choose to do with your information may not always be in your control.
Leaving Uncomfortable Situations
- 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 sex-based 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 Conduct Procedure for Allegations of Sex-Based Misconduct or the Procedures for Addressing Sex-Based Misconduct 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
wrc.illinois.edu
616 E. Green St., Suite 213, Champaign
217-333-3137
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.”
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 sex-based 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.
- 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;
- The complainant and the respondent will have timely notice for meetings at which the complainant or respondent may be present;
- 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;
- 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
- 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;
- 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?”
- The complainant and the respondent will be notified simultaneously in writing of the result of any disciplinary or appeal proceeding.
- 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.
- All decisions and sanctions by the panel, if appealed by either party are held in abeyance until the appeal body renders the final decision.
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 Sex-Based Misconduct Policy. As of August 1, 2024, all forms of sex-based misconduct are addressed through the process described in Appendix D of the Student Disciplinary Procedures. 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:
- 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.
- If necessary or appropriate, the complainant is invited to meet with a properly trained investigator to discuss the nature of the incident.
- The investigator determines whether, if substantiated, the allegations would constitute a violation of the Student Code.
- 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).
- The case coordinator meets (or attempts to meet) with the respondent, complainant, and relevant witnesses to gather evidence.
- The investigator compiles the evidence into a report and affords both the complainant and the respondent an opportunity to respond to the report.
- The OSCR director will appoint 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 complainant or respondents generally, and no conflicts of interest.
- Written notice of the outcome is provided to both parties.
- Disciplinary decisions are subject to appeal by the respondent and the complainant. Depending upon the nature of the complaint, appeals are decided by appropriately trained members of the Senate Committee on Student Discipline.
The anticipated timelines are:
- Investigators generally send charge/allegation notices within 1 to 2 business days of the investigators’ determination that a formal investigation is warranted.
- 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.
- Evidence review by the parties, including the opportunity to respond, typically takes 5 business days.
- If a formal hearing is scheduled, the parties will be notified of the date, time, and location at least 5 business days in advance.
- 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.
- 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:
- Decisions in the student disciplinary process are made based on the preponderance of the evidence standard. All relevant information is considered and weighed.
- 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.
- 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.
- 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 Sex-Based 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 Sex-Based 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 Sex-Based 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-harassment- prevention.html.
The major steps in the Procedures for Addressing Discrimination, Harassment, and Non- Title IX Sexual Misconduct Complaints are:
- Office for Access and Equity receives information of possible policy violations from complainant, supervisor or university unit.
- 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 of responsibility will be issued and submitted to the respondent’s department head for review and approval.
- 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.
- 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:
- 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;
- There were procedural errors that had a material impact on the fairness of the investigation; and/or
- The Investigator(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:
- 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.
- 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.
- 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 Access and Equity 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:
- Office for Access and Equity receives a signed formal complaint from either the complainant or Title IX coordinator.
- (b) 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.
- 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.
- A three-member Decision-Maker Panel 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.
- 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:
- There was a procedural irregularity that affected the outcome of the matter;
- 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
- 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:
- 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.
- 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.
- 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 Access and Equity 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:
- 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
- The conduct did not occur in an educational program or activity; and/or
- 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:
- A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein; or
- The respondent is no longer enrolled in or employed by the university; or
- 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.
Supportive and protective measures and sanctions
The university may implement supportive measures following the report of domestic violence, dating violence, sexual assault and/or stalking.
Examples of supportive 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. Supportive 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 Sex-Based 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 measures should be implemented, and, if so, take steps to implement those supportive 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
wrc.illinois.edu
616 E. Green St., Suite 213, 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.