Equity Policy and Procedures

Policy Details

As described in the Nondiscrimination Policy as well as the Christ-Centered Diversity Commitment, Wheaton College is a Christian liberal arts institution committed to treating all individuals as equal image-bearers of Jesus. The College affirms diversity as part of God’s original and eternal design for humanity and see its importance for knowing and worshiping God and serving His purpose. Furthermore, we are committed to a learning, living, and work environment where we love our neighbor as we love ourselves and treat everyone with respect and dignity. Therefore, as described in our Nondiscrimination Policy, Wheaton College expects that all interactions will be free of unlawful discrimination and harassment. Although many interpersonal conflicts and some forms of misconduct can be resolved without going through a formal process and may be addressed by following the spirit and guidance found in Matthew 18:15-20, the forms of harassment and discrimination governed by this policy may be legal matters for which both the government and the College may require a formal process.

I. Scope of this Policy

This Equity Policy & Procedures (“Policy”) applies to all members of the College community, including students, faculty, and staff (hereinafter “employees”), volunteers, visitors, and other guests of the College community, and to contractors, consultants, and vendors doing business or providing services to the College. The Policy applies to conduct by or against a College community member, including online or electronic conduct, whether the conduct occurs on-campus or when the conduct occurs off-campus. More specifically, the policy applies when conduct occurs (i) during a College-sponsored educational activity or program; (ii) it adversely impacts the education or employment of a member of the College community; or (iii) it otherwise threatens the health or safety of a member of the College community. While the College is committed to the principles of free inquiry and expression, the discrimination, or harassment prohibited by this Policy are neither legally protected expression nor the proper exercise of academic freedom.

As required by law and regulations, the Title IX Sexual Harassment Policy & Procedures (“Title IX Policy”) is the exclusive method for resolving sexual harassment prohibited by Title IX. However, because of our commitment that all members of our community have equal access to college programs and activities, the College chooses to prohibit sex-based harassment, dating violence, domestic violence, stalking, or other sexual misconduct not explicitly covered by Title IX. In those situations, the College will use this Policy to address reports of sexual misconduct not explicitly covered by Title IX and will apply Title IX definitions of sexual misconduct, coercion and consent where applicable.

II. Accessibility

Wheaton College is committed to making the processes described in this Policy accessible to all members of the Wheaton College community, including providing reasonable accommodations to persons with disabilities. To learn more about the policies and procedures specific to requesting reasonable accommodations, please visit the “Accessibility & Disability Services” section of the Learning & Accessibility Services webpage (students) or the Employee Handbook (Faculty and staff).

Further inquiries may be directed as follows:

ADA/Section 504 Coordinator for Students:
Melissa Norton, Student Services Building #209, (630) 752-5674, melissa.norton@wheaton.edu

ADA/Section 504 Coordinator for Employees:
Gina Cristman, Human Resource Generalist, Blanchard #154, (630) 752-5060, gina.cristman@wheaton.edu

III. Prohibited Conduct

In determining whether alleged conduct violates this Policy, the College will consider the facts and circumstances of the incident, including the nature of the alleged misconduct and the context in which it occurred. If the alleged conduct falls outside the purview of this policy, the Equity Officers and Title IX Coordinators may refer the reporting party to the applicable college policies. Prohibited conduct under this Policy includes, but is not limited to the following actions:

A. Discrimination

Discrimination is unequal, adverse treatment of an individual because of the individual’s actual or perceived membership in a legally protected class, as described in the Nondiscrimination Policy. Examples of discrimination can include:

• Refusing to hire or promote someone because of the individual’s membership in a protected class;
• Denying someone a raise, opportunities for advancement, or educational opportunities because of the individual’s membership in a protected class;
• Reducing someone’s job responsibilities because of the individual’s membership in a protected class;
• Avoiding professional development or mentorship opportunities due to protected class status or assumptions related to protected class status, e.g., only mentoring students of one gender, assuming a person is unavailable to attend or participate in professional opportunities due to childcare issues, marital status, age, or any other protected class;
• Denying someone access to a facility based on the individual’s membership in a protected class;
• Denying someone access to an educational program based on the individual’s membership in a protected class.

B. Harassment

Harassment is unwelcome verbal, non-verbal, or physical conduct directed toward an individual because of the individual’s actual or perceived legally protected status as described in the Nondiscrimination Policy when:

• Submission to that conduct is made, either explicitly or implicitly, a term or condition of an individual’s educational experience or employment, or the individual’s submission to or rejection of such conduct is used as the basis for an employment, academic, or other educational decision, such as quid pro quo harassment; or
• Such conduct has the purpose or effect of substantially and unreasonably interfering with an individual’s employment or education, or of creating an intimidating, hostile, or offensive employment or educational environment (“hostile environment” harassment).

“Hostile environment” harassment exists when, based on the totality of the circumstances, the unwelcome conduct is so severe, or pervasive/persistent, or objectively offensive that it limits or alters the conditions of education or employment; or limits or alters the individual’s ability to participate in or benefit from College programs or activities. The criteria for determining whether an environment is “hostile” include:

• The frequency of the conduct;
• The nature and severity of the conduct;
• Whether the conduct was physically threatening;
• The effect of the conduct on the person subject to the conduct;
• Whether the conduct was directed at more than one person, or a group of people;
• Whether the conduct arose in the context of other discriminatory conduct;
• Whether the conduct unreasonably interfered with the educational or work performance of the person subject to the conduct;
• Whether the statement could be interpreted as discourteous, rude, or insensitive;
• Whether the speech or conduct deserves the protections of academic freedom;
• Whether the responding individual holds a position of authority over the reporting individual such as a supervisor or professor.

Other examples of conduct that may constitute harassment include (but are not limited to) the following:

• Jokes, derogatory language, or epithets about a person's protected status;
• The use of slurs and stereotypes related to a protected class;
• Teasing, name-calling, or practical jokes directed at a person based on a protected status;
• The display or circulation of written materials or pictures that degrade a person or group based upon a protected characteristic;
• Verbal abuse or insults about, directed at, or made in the presence of an individual or group of individuals in a protected group;
• Intimidation or mockery based on a protected class.

Bullying or uncivil behavior that is not based on a protected class does not fall within the purview of this policy. However, such behavior may violate the Community Covenant, Statement of Faith, Hazing Policy, or other College policies. If you have questions or concerns regarding bullying or uncivil behavior, contact Human Resources (for employees) or Residence Life (for students) for assistance.

One type of harassment is sexual harassment, which includes sexual misconduct such as sexual assault, dating violence, domestic violence, and stalking. Depending on the nature, geographical location, and severity of the sexual harassment or sexual misconduct, the behavior may be covered by the College’s Title IX Sexual Harassment Policy and Procedures or this Policy. Please refer to the Title IX Sexual Harassment Policy and Procedures or contact an Equity Officer and Title IX Coordinator(s) for more information regarding the specific misconduct covered by that policy.  Sexual Harassment not covered by the Title IX Sexual Harassment Policy and Procedures is governed by the Equity Policy and Procedures (See addendum for relevant definitions).

IV. Reporting Alleged or Suspected Violations of this Policy

The College requires all employees^[1] and strongly encourages students and other individuals, including third-party bystanders, to report incidents of unlawful discrimination and harassment to the Equity Officers and Title IX Coordinator(s). The College maintains multiple methods for reporting conduct that potentially violates this Policy such as reporting by email, online, in-person, video conference, or by telephone. Although there is no specific time limit for reporting a suspected violation of this Policy, an individual who believes that he or she has witnessed or been subjected to conduct that violates this Policy is encouraged to report such conduct as soon as possible after the alleged policy violation to discuss the available options for proceeding.

[1]  This expectation does not apply to confidential resources. Student Health Services, the Counseling Center, and ordained staff in the Chaplain’s Office are considered confidential resources and employees working in these areas are not required to report prohibited conduct that they learn of through a confidential role. The employees are encouraged, but not required, to provide the student or employee with the contact information for the Equity and Title IX office as well as information about how to file a report.

A. Potential Policy Violations may be reported to:

1. Equity Officers and Title IX Coordinator(s) (“Equity Officers”)
   
   Beth Maas
   Director of Equity & Title IX Coordinator, Student Services Building #211, beth.maas@wheaton.edu, (630) 752-7885
   
   Dr. Carrie Williams
   Associate Dean of Student Wellness & Deputy Equity and Title IX Coordinator for students, Student Services Building #214, carrie.williams@wheaton.edu, (630) 752-5797
   
   Karen Tucker
   Director of Human Resources & Deputy Equity and Title IX Coordinator for employees, Blanchard #154, karen.tucker@wheaton.edu, (630) 752-5060
   
   
2. Public Safety
   

   Individuals may also report incidents under this Policy to Wheaton College’s Department of Public Safety. Public Safety can assist in securing resources and/or making a report to the local police, regardless of the location where the incident occurred. Reports made to Public Safety are not confidential and must be shared with the Equity Officers. Please note: Public Safety employs student workers. If you wish to speak with a non-student, you may ask to speak with an officer.

   Phone: (630) 752-5911
   
   Email: public.safety@wheaton.edu
   
   In Person: Chase Service Center
   
   
3. Online
   
   To file an online report please click here or go to www.wheaton.edu/titleixandequity.
   
   
4. Anonymous and Confidential Reporting
   

   The College recognizes that in some instances, individuals may wish to initiate an anonymous report to protect their identity. Individuals wishing to make an anonymous  report may visit the College’s anonymous reporting link or go to www.wheaton.edu/titleixandequity. However, individuals wishing to make an anonymous report should understand that the College may be limited in its ability to act on information from anonymous reports.

B. Privacy and Confidentiality of Reports to the College

The College strives to protect the privacy interests of all parties involved in a report of prohibited conduct. Allegations of prohibited conduct are considered private and generally will only be shared with other College employees on a need-to-know basis. However, because of the need to inquire into facts, to respond to reports of alleged prohibited conduct, and to promote a nondiscriminatory and safe environment, the College cannot guarantee strict confidentiality in most cases. Individuals with concerns regarding confidentiality may speak with an Equity Officer. Individuals who are involved in an Equity process such as reporting and responding individuals as well as witnesses are likewise expected to maintain the privacy and confidentiality of any information or records shared during the resolution process.

C. Amnesty for Good Faith Reports by Students

The College encourages the reporting of violations of this Policy and seeks to remove any barriers to an individual making a report. The College recognizes that students may be hesitant to report in some circumstances, such as when they or others may be accused of violating other College policies, such as drinking or using drugs at the time of the incident. Given this concern and the College’s desire to provide for the safety of all community members, any Student Conduct proceedings or negative conduct records may be lessened (and possibly avoided) for students who self-report violations of this Policy in good faith.  However, even if no other adverse consequences are initiated, the College may require the student to engage in educational or restorative action.

D. Obligation to Act in Good Faith

Reports made under this Policy should be made only in good faith. All parties and witnesses have an obligation to be truthful. Reports that are not made in good faith, such as reports that are later found to be intentionally false, exaggerated, or made maliciously for ulterior motives or without regard for truth, as well as, false or misleading testimony provided by a third-party witness, may be a form of retaliation under this Policy and/or may violate this Policy and other College policies. This provision does not apply to reports made in good faith, even if the outcome did not support a violation of the Policy. Additionally, individuals who are not parties or witnesses in an Equity process and are found sharing misleading or false information about a report made in good faith, may be engaging in a form of harassment against a party who is or has participated in an Equity process in good faith.

V. Retaliation Prohibited

Retaliation against an individual who makes a report alleging a violation of this Policy or who participates in the information-gathering or resolution of such a report is prohibited. Retaliation exists when materially adverse action, including reputational harm, is taken or attempted against an individual with the purpose of interfering with any right or privilege secured by law/policy, because of that individual’s participation in the protected activity under this Policy. Retaliation may also include intimidation, threats, coercion, harassment or discrimination against an individual. Protected activity includes, but is not limited to, making a good-faith report of conduct in violation of this Policy, participating (or not participating) in good faith in information gathering related to a report under this Policy, and/or  serving as a witness to any report of conduct in violation of this Policy.

Retaliation should be promptly reported to the Director of Title IX. Equity Officers have the discretion to address retaliation concerns promptly. Any acts of retaliation shall be grounds for disciplinary action up to and including termination of employment or expulsion, independent of the sanction or supportive measures imposed in response to the underlying report.

VI. Resolution Process

The Director of Equity and Title IX will coordinate the College’s response to a discrimination or harassment report. The Director of Equity and Title IX may also assign their duties under this Policy to a designee(s).

A. Definitions

Designee(s) Specific faculty and staff members located throughout our various campus locations who serve as Information Gatherers, Decision-Makers, Informal Resolution Facilitators, or Appellate Officers during an Equity Resolution Process. These individuals are trained annually on topics related to policy, process, investigations, decision-making, informal resolution and trauma informed practices. Equity Officers may designate these individuals (or hire trained professionals from outside agencies) to serve in a specific role throughout an Equity Resolution Process.

Reasonable cause is when the facts and circumstances alleged or reported, if taken as true, would lead a reasonable person to believe conduct in violation of the Policy may have occurred.

B. College Response When a Report is Received: Initial Review and Assessment

When an Equity Officer receives a report, he or she will contact the person who may have experienced discrimination or harassment to provide information about resources, options, and extend an invitation to meet. The individual may decide whether to meet with the Equity Officer. If they meet, the Equity Officer will review resources, options, and supportive measures. If the individual chooses not to meet with the Equity Officer, the College’s ability to take responsive action may be limited.

Upon receipt of a report of a violation of the Policy, the Equity Officer(s) will conduct an initial review and assessment. If at that time it is determined that the alleged conduct, even if true, would not constitute a violation of the Policy, the matter may be referred to the appropriate campus office for resolution or closed with no further action taken by the College. Where there is reasonable cause to believe a violation of the Policy may have occurred, the College will proceed, in consultation with the individual as described below.

The Equity Officers may exercise discretion to determine appropriate responsive action based on the facts and circumstances. At an Equity Officer’s discretion, and with consideration of the reporting individual’s wishes, options for responsive action may include informal discussions, resolutions facilitated by an Equity Officer, information gathering, and responsive action by the Equity Officer or designee(s). The Equity Office will document the report received, the responsive action used, and the outcome.

C. Supportive Measures

Where there is reasonable cause to believe conduct in violation of the Policy may have occurred, the Equity Officer or a designee will provide prompt, appropriate, and reasonably available measures to support and protect the parties and deter any further acts of alleged misconduct, harassment, or retaliation. Supportive measures are non-disciplinary, non-punitive individualized on-campus services that are provided without fee or charge to the reporting individual or responding individual in effort to restore or preserve equal access to the College’s educational programs and activities including measures designed to protect the physical safety of all parties or the College’s educational environment. Supportive Measures may be imposed regardless of whether information-gathering is sought by the reporting individual. Supportive measures are available to both the reporting individual and responding individual as needed.

Such supportive measures can include but are not limited to: referral to the on-campus counseling center, student health services; off-campus counseling resources; referral to the Employee Assistance Program (for employees); modifying course schedules, work arrangements for on-campus positions, dining accommodations, or campus housing assignments; offering campus escorts, and issuing a mutual “no contact” directive between the parties. In cases where there is reasonable cause to believe the alleged responding individual is a threat to persons or property, or where multiple reporting individuals have been directly impacted by responding party's conduct and a potentially significant pattern of harm may exist, the College may suspend an individual (for employees, with or without pay), remove an individual from campus housing, or implement any other measures the College deems appropriate pending the outcome of the information gathering.  Supportive measures will be kept confidential to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures.

Violation of a directive and/or other action issued as a part of a supportive measure may result in disciplinary action.

D. Support Persons

The reporting and responding individuals may bring a non-attorney support person to any meeting or interview in connection with the resolution of a report of an alleged violation of the Policy. In matters involving employees, an individual’s supervisor, subordinates, and peers in the same department may not act as a support person due to the potential conflict(s) of interest in serving in this role. In matters involving students, parents may not serve as a support person. The College reserves the right to proceed with any meeting, interview, document, or report review period regardless of a support person’s availability.

A support person may not speak on behalf of an individual during or participate directly in, meetings or other proceedings. Support persons are likewise expected to maintain the privacy of any records shared during the resolution process. Such records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the College. The College may restrict the role of any support person who fails to observe the College’s limits on participation in the proceedings or the College’s privacy expectations.

E. Informal Resolution Options

In some cases, reported actions, communications or conduct may not rise to the level of violating this Policy or the reporting individual may not wish to pursue a formal process, but the reported conduct is still unwelcomed behavior. The College offers informal resolutions to address such unwelcomed behavior. Informal resolutions are primarily designed to address unwelcomed behavior and to attempt restoration of the relationship between the parties. Examples of Informal Resolution options may include a facilitated conversation between the parties, mediation, supportive measures, a Restorative Justice conversation or circle, targeted and/or broad-based training, educational programming for relevant individuals or groups, coaching or education  with the responding individual, or any other reasonable remedy that will achieve the goals of the Policy. In some instances, notifying an individual that certain actions or language are offensive and requesting that the actions or language stop will heighten awareness and accomplish the objectives of the Policy. In other instances, Restorative Justice conversations or coaching conversations may also be an appropriate method for addressing the unwelcomed behavior.

After assessing the unwelcomed behavior, the Equity Officers may recommend that informal resolution may be the most effective option at stopping the conduct, addressing its effects, and preventing reoccurrence. An informal resolution may be initiated if the reporting individual requests an informal resolution, and the Equity Officers concur that informal resolution is appropriate. The College will not compel a reporting or responding individual to engage in informal resolutions. Participation is voluntary and the parties can request to end their participation at any time. Equity Officers will not facilitate direct conversation between a reporting and responding individual when the allegations involve sexual misconduct.

However, even if the Informal Resolution option ends, the Equity Officer may determine that additional remedies-based steps (e.g., community remedies involving targeted training, coaching, corrective action, etc.) are appropriate without the participation of the parties. These remedies are intended to provide awareness and prevention education to the broader community to deter similar incidents of harassment, discrimination and retaliation from occurring within the campus community.                            

F. Information-Gathering and Communication of Outcomes

The Equity Officers may determine that the appropriate responsive action will be to gather information. In making this determination, the Equity Officers will consider the nature of the alleged conduct, the severity of the alleged conduct, the wishes of the person alleged to be the subject of the conduct (reporting individual), and any other relevant factors. The College will gather information regarding the potential policy violation as it deems appropriate. All information gathering will be conducted impartially, and promptly. The Equity Officers or their designee(s) will gather information about the allegations.

The Equity Officers or Designee(s) will notify the responding individual of the alleged misconduct, and the responding individual will be given the opportunity to respond. The Equity Officers or Designee(s) will determine the outcome after reviewing the information gathered. No outcome will be determined until the College has gathered all relevant facts. An Equity Officer will communicate the outcome and sanctions, if applicable, to the individuals.

G. Corrective Action

The responding individual must be notified of the allegation and offered the opportunity to respond before the imposition of any disciplinary sanctions or other corrective actions that are not supportive measures, against the responding individual.

Responding parties who are found by a preponderance of evidence, to have engaged in behavior prohibited by this Policy, will be subject to corrective action. This means that the Decision-Maker(s) must be convinced that it is more likely than not that the allegation(s) are true. In imposing any corrective actions and remedies for a policy violation, the College reserves the right to take measures deemed necessary to protect the rights and personal safety of the reporting individual and the College community. Not all forms of discrimination or harassment are equally serious offenses. Therefore, different remedies or corrective actions may be imposed depending on the severity of the offense and any previous conduct violations.

In making this determination, the Equity Officers will consider (1) the ongoing safety of people on campus; (2) the seriousness of the incident; (3) the nature of the responding individual’s response; (4) the responding individual’s conduct record; and (5) the impact the conduct may have on the campus community. The Equity Officers will consult with Student Development (for students) and/or Human Resources (for employees) to gather information on the responding individual’s conduct record and ensure the sanctions imposed are consistent with other policies and actions of the College.

Corrective actions for employees may include, but are not limited to: education, training, coaching, warnings, reprimands, performance improvement plan, transfer, demotion, loss of compensation, loss of privileges or leadership and/or access restrictions, no contact and/or no trespass directives, restitution, behavioral agreements, termination of employment, and/or ineligibility for rehire. Any corrective actions imposed on a faculty member shall comply with any applicable terms of a faculty member’s contract with the College and the College’s Faculty Handbook.

Corrective actions for students may include, but are not limited to: education, training, assessment conducted by the Dean of Student Wellness, coaching, warnings, reprimands, loss of privileges, or leadership positions and/or access restrictions, no contact and/or no trespass directives, restitution, behavioral agreements, probation, suspension, expulsion, and/or ineligibility for re-admission or employment.

When an information-gathering reveals that a campus organization (such as a student club, athletic team, campus academic department, or staff/faculty committee) has committed or promoted behavior that violates this Policy, the organization and its members may be disciplined. Corrective action to the organization may include, but is not limited to, loss of College privileges (including, but not limited to, prohibition of the organization’s participation in certain activities and the use of College facilities), educational requirements for organization members, required additional oversight of organization activities, and temporary or permanent loss of funding and/or loss of recognition by the College, in addition to individual members of the organization who are determined responsible for a Policy violation being subject to the sanctions listed above. All campus organizations/departments are responsible for the actions of their members when those members are acting or operating in, with, or on behalf of the campus organization/department.

The Equity Officers or their designees have the sole right to determine whether conduct violates this Policy or is otherwise inappropriate. The Equity Officers reserve the right to impose consequences, up to and including immediate termination of a student, staff or non-tenured faculty member’s  relationship with the College, for any conduct targeting a person’s legally protected characteristic that the Equity Officers determined to be inappropriate even if the conduct does not meet the definitions of “discrimination” and/or “harassment” set out, above, in this Policy.

H. Specific Procedures for Tenured Faculty Members

For cases involving Tenured Faculty Members as responding parties, the Provost or his/her Designee(s) will render the decision whether the Policy has been violated and what sanctions, if any to impose. If the Provost or his/her Designee(s) imposes the sanction of termination of the employment, the Provost or his/her Designee(s) will follow the procedures for termination for cause set forth in the Faculty Handbook following the expiration of the relevant period for appeals. Termination of tenure proceedings will be conducted in accordance with the procedures set forth in the Faculty Handbook, provided, however, that if a decision is made under the Faculty Handbook not to discharge such tenured faculty member, the matter will be referred to the Provost for determination of an alternative sanction.

I. Appeal

A responding individual may appeal an outcome involving termination of employment, expulsion, or suspension. An appeal must be submitted in writing to the Director of Equity and Title IX Coordinator within five business days of the individual being notified of the outcome and must set forth the grounds upon which the request for further review is based. If a responding individual does not appeal the outcome within the timeline set forth above, the outcome will be considered final.

1. Grounds for Appeal

A request for an appeal must be based on one or more of the following reasons:

1. A substantive error occurred that significantly impacted the outcome of the adjudication (e.g., bias or material information not gathered or properly considered).
2. To consider new evidence unavailable during the original adjudication or information-gathering that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
3. The sanctions imposed are grossly disproportionate (i.e., excessively harsh) given the offense or the cumulative conduct record of the responding individual. This ground for appeal will not apply to matters where termination of tenure is sought, as that proposed sanction will be reviewed through the procedures set forth in the Faculty Handbook.

Any information included in the appeal that does not apply to the above three reasons for filing an appeal will not be considered in the appeal process.

2. Appellate Procedures

Upon receipt of an appeal request, the Director of Equity and Title IX Coordinator will notify the reporting individual, and s/he will be provided the opportunity to submit a written response and supporting documentation.

A member of the Senior Administrative Cabinet or his/her design will serve as the Appellate Officer. After considering all relevant documentation and, if deemed necessary by the Appellate Officer, meeting with the parties or others, the Appellate Officer will make a final decision. The Appellate Officer’s decision will be provided to both parties within a reasonable time after the conclusion of the Appellate Officer’s review.

J. Procedural Discretion

The procedures set forth in this Policy reflect the College’s desire to respond to reports of harassment, discrimination and/or retaliation in good faith and in a manner that promotes fairness to all involved individuals. The College recognizes that each case is unique and that circumstances may arise which require the exercise of discretion and flexibility in responding to a particular matter. Accordingly, the College reserves the right to modify the procedures in this Policy or take other action as it finds to be appropriate under the circumstances.

In circumstances where a report is made of a violation of this Policy by an individual or about an individual who is not a student or an employee of the College, the College reserves discretion to use responsive actions or procedures other than those discussed in this Policy, as appropriate under the circumstances.

If a report includes multiple allegations that could invoke more than one College policy or procedure, the Director of Equity and Title IX shall determine in his or her discretion what process will be used to resolve the report(s) and will notify all parties of his or her determination.

K. Complaints Relating to Retaliation, Violations of Supportive Measures, and Other Procedural Violations

Any complaint relating to retaliation in violation of this Policy, violations of supportive measures, violation of the obligation to act in good faith, violation of the obligation to be truthful, or violations of sanctions should be reported promptly to the Director of Equity and Title IX Coordinator. The College will take appropriate action against any individual who retaliates against another person in violation of this Policy or who violates supportive measures, the obligation to act in good faith, the obligation to be truthful or violates sanctions.

When the College receives a complaint regarding any such violations the Director of Equity and Title IX Coordinator and/or Equity Officers may exercise discretion to determine an appropriate responsive process based on the facts and circumstances. In instances where the outcome of the process results in a suspension, expulsion, or termination of employment, the impacted individual may appeal the outcome in accordance with the appeal rights as set forth in this Policy. The College will notify the parties of the outcome of the complaint.

L. Conflicts of Interest

The College requires any College official participating in the information-gathering, adjudication, or appeals process to disclose any potential or actual conflict of interest. A College employee shall be considered to have a conflict of interest if he or she has existing or potential interests which compete with or might reasonably appear to compete with his or her independent and unbiased judgment in the matter. If an individual believes an assigned Equity Officer or Designee has a conflict of interest or bias, the individual should immediately notify the Director of Equity and Title IX Coordinator and request that the individual with a conflict be replaced. If the Director of Equity and Title IX Coordinator is the individual believed to have a conflict of interest, the individual may submit the conflict request to the Vice President for Student Development.

In all cases, requests to replace an individual due to a conflict of interest must be submitted within two (2) days of the individual receiving notice of the individual’s participation. The written request must include a description of the conflict. If the Director of Equity and Title IX Coordinator or Vice President for Student Development determines that a conflict of interest exists, the College will take steps to address the conflict as appropriate in order to maintain an impartial process. The final determination regarding the existence of a conflict of interest will be made by the Director of Equity and Title IX Coordinator or, in the case of a conflict request involving the Director of Equity and Title IX Coordinator, the Vice President for Student Development.

This policy will be amended from time to time, as needed, to remain in alignment and compliance with relevant State and Federal laws.

Addendum

Because of our commitment that all members of our community have equal access to education and employment, the College chooses to prohibit all forms of unlawful harassment and discrimination, including sexual harassment, dating violence, domestic violence, stalking, or other sexual misconduct not explicitly covered by the Title IX Regulations. This includes unwelcome conduct on the basis of sex (1) that may not rise to the level of Title IX Sexual Harassment (as defined below), (2) that occurs outside a College education program or activity but may still interfere with an individual’s right to a non-discriminatory educational or work environment, or (3) that occurs against a person outside the United States. These allegations and allegations of disparate treatment are addressed using this policy or other appropriate college policy. 

Prohibited Conduct

A. Quid Pro Quo Conduct. An employee conditions the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct; or

B. Unwelcome Conduct. Unwelcome conduct that is determined by a reasonable person to be so severe, pervasive[1], and objectively offensive that it effectively denies a person equal access to the College’s education programs or activities; or

C. Sexual Misconduct. Sexual assault/violence, dating violence, domestic violence, and/or stalking, defined as follows:

1. Sexual Assault/Violence. An offense classified as a forcible or nonforcible sex offense. This category of prohibited conduct includes the following:

a. Sex Offenses—Any sexual act[2] directed against another person, without the consent of the victim/survivor including instances where the victim/survivor is incapable of giving consent.

b. Rape—(Except Statutory Rape) The actual or attempted sexual intercourse with a person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim/survivor is incapable of giving consent because temporary or permanent mental or physical incapacity.

c. Sodomy—Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim/survivor is incapable of giving consent because of their youth (i.e. under 18) or because of their temporary or permanent mental or physical incapacity.

d. 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, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim/survivor is incapable of giving consent because of their age (i.e. under 18) or because of their temporary or permanent mental or physical incapacity.

e. Fondling—The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim/survivor is incapable of giving consent because of their age (i.e. under 18) or because of their temporary or permanent mental or physical incapacity.

f. Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

g. Statutory Rape—Nonforcible sexual intercourse with a person who is under the statutory age of consent[3].

2.  Dating Violence. Violence committed by a person— (A) who is or has been in a social relationship of a romantic or intimate nature with the victim/survivor; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship. (ii) The type of relationship. (iii) The frequency of interaction between the persons involved in the relationship.

3.  Domestic Violence. Includes felony or misdemeanor crimes  committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who is a current or former spouse or intimate partner of the victim, or person similarly situated to a spouse of the victim;  is cohabitating  or has cohabitated with the victim as a spouse or intimate partner, shares a child in common with the victim;  or commits acts against a youth (i.e. under 18) or adult against an adult or youth victim who is protected from  those acts under the  family or domestic violence laws of the jurisdiction. 

4. Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

Definitions

A. Coercion means pressuring or forcing another to engage in sexual activity based on fear of harm to self or others. Means of coercion may include but are not limited to pressure, threats, emotional intimidation, a power differential between the parties, and/or the use of physical force.

B. Reporting Individual means an individual who is alleged to be the victim/survivor of conduct that could constitute sexual harassment under this Policy.

C. Consent means voluntary, informed, and mutual agreement to engage in sexual activity, and may be withdrawn at any time. Refusal to consent does not have to be verbal; it can be expressed with gestures, body language, or attitude. However, a lack of verbal or physical resistance or submission resulting from the use or threat of force, coercion, manipulation, or intimidation does not constitute consent. Likewise, a person’s manner of dress, consent to prior sexual activity, consent to sexual activity with a different person, or relationship status with the person does not constitute consent. It is the responsibility of the initiator of any sexual activity to ensure that he or she has the other person’s consent before engaging in sexual activity.

A person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent. Sexual contact with anyone who is under the legal age of consent, is asleep or unconscious, or who the person knows or reasonably should know is incapacitated due to consumption of alcohol, drugs, medication, or a mental or physical impairment is a violation of this Policy. People who are unconscious or physically unable to communicate are incapable of giving consent for purposes of this Policy. Therefore, a responding individual’s belief that the reporting individual consented to the sexual activity due to the responding individual’s intoxication or recklessness is not a defense.

D. Incapacitation means the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, without limitation, sleep, blackouts, and/or a disability that impacts the ability of an individual to provide legal consent. Incapacitation is determined by how the alcohol or other drugs consumed impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments. Because incapacitation may be difficult to discern, individuals are strongly encouraged to err on the side of caution.

E. Responding individual means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment under this Policy.

F. Supportive Measures are non-disciplinary, non-punitive individualized on-campus services that are provided without fee or charge to the reporting individual or responding individual in effort to restore or preserve equal access to the College’s educational programs and activities including measures designed to protect the physical safety of all parties or the College’s educational environment. Supportive Measures may be imposed regardless of whether information-gathering is sought by the reporting individual. Supportive measures are available to both the reporting individual and responding individual as needed. Such supportive measures can include but are not limited to: referral to the on-campus counseling center, student health services; off-campus counseling resources; referral to the Employee Assistance Program (for employees); modifying course schedules, work arrangements for on-campus positions, dining accommodations, or campus housing assignments; offering campus escorts, and issuing a mutual “no contact” directive between the parties. In cases where there is reasonable cause to believe the alleged responding individual is a threat to persons or property, or where multiple reporting individuals have been directly impacted by responding party's conduct and a potentially significant pattern of harm may exist, the College may suspend an individual (for employees, with or without pay), remove an individual from campus housing, or implement any other measures the College deems appropriate pending the outcome of the information gathering. Supportive measures will be kept confidential to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures. Violation of a directive and/or other action issued as a part of a supportive measure may result in disciplinary action.

[1] Indicates the unwelcome behavior occurred more than one time or impacted multiple parties.

[2] A sexual act is defined as conduct between persons consisting of: Contact between the penis and the vulva; Contact between the penis and the anus; Contact between the mouth and penis; Contact between the mouth and vulva

[3] The age of consent for sexual activity in Illinois is 17. If the older individual (18 or older) is in a position of trust, authority, or supervision over the younger person (under 18), the age of consent is effectively raised to 18.

Last updated: 2025-09-11