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To prevent discrimination on the basis of Gender or sex, UIS ensures access to equitable educational opportunities and program participation. No one is, on the basis of Gender or sex, excluded from participation in, denied the benefits of, or subjected to discrimination under any UIS education program or activity. UIS is committed to providing and preserving an educational and work environment free from all forms of Gender and sex discrimination, including Sexual Harassment and other Sexual Misconduct. This policy applies to all members of the UIS community, including all UIS students; employees; other affiliated individuals, including but not limited to, visiting faculty and visiting scholars; and third parties, including but not limited to contractors, subcontractors, volunteers, and visitors.
Any person may report an alleged or suspected a violation of this policy. Conduct prohibited by this policy may violate other laws and policies, depending on context and circumstances, e. Title IX of the federal Education Amendments of prohibits sex and gender discrimination in the educational setting, as well as retaliation for the purpose of interfering with any right or privilege secured by Title IX.
For the definitions of key terms used in this policy, see Appendix A. Defined terms used in this policy begin with capital letters. A copy of this policy will be provided to anyone upon request. UIS provides annual sex and Gender discrimination and Sexual Misconduct prevention and awareness training for all students who attend one or more classes on a UIS campus.
Real private sex Springfield content of this training is described in more detail at Appendix B. UIS also ensures those individuals whose duties include resolution of complaints of student violations of this policy receive at least eight additional hours of annual training regarding issues related to Sexual Misconduct and the UIS complaint resolution procedures. Confidential Advisors at the UIS Counseling Center provide emergency and ongoing support to student members of the campus community who report being victims of Sexual Misconduct. The Counseling Center also makes professional counseling services available to those accused of committing Sexual Misconduct.
For a more complete discussion of reporting options and actions, see Appendix D. For other incidents involving alleged inequitable treatment on the basis of sex or Gender, contact the Title IX Coordinator. Persons reporting as victims of Gender or sex discrimination, including Real private sex Springfield Misconduct, are provided with their rights and options in writing concerning reporting the allegations, relevant contact information, available assistance, interim protective measures, accommodations, and complaint resolution procedures.
All other UIS employees, including student housing resident advisors but excluding all other undergraduate and graduate student employees, are considered Responsible Employees.
Reports should be made as soon as possible, but must be made within 48 hours of receiving the information. For a more complete discussion of Responsible Employee duties and responsibilities, see Appendix E. Responsible Employees who witness or learn about alleged Sexual Misconduct and who fail to report such conduct in a timely manner may be subject to disciplinary action, up to and including termination of employment.
Accordingly, UIS provides anyone reporting safety concerns with written notice regarding how to request possible protective measures, including changes to on-campus academic, living, transportation, and working situations. A non-exclusive list of possible protective measures is found in Appendix F. The Title IX Coordinator assists with identifying and recommending implementation of any appropriate measures.
UIS keeps the measures confidential unless doing so impairs implementation.
Accordingly, the Title IX Coordinator and all UIS administrators, supervisors and Responsible Employees keep the identities of Complainants, Respondents, and any witnesses confidential to the extent permissible under applicable state and federal law and subject to their reporting and other responsibilities under this policy.
For more information about submitting confidentiality requests and how they are evaluated, approved or denied, see Appendix G. UIS also asks those involved in the Title IX complaint process to maintain confidentiality, particularly when confidentiality is required to protect witnesses, prevent evidence from being destroyed, avert a threat that subsequent testimony would be fabricated, or prevent a cover-up. Any direction to maintain confidentiality does not impede a Complainant or Respondent from submitting information for consideration during the complaint process and is consistent with applicable law.
UIS is committed to the prompt and equitable resolution of all alleged or suspected violations of this policy. When UIS becomes aware of a possible violation of this policy, UIS takes immediate and appropriate steps to investigate or otherwise determine what occurred subject to the confidentiality rules. If the investigation reveals that a violation of this policy occurred, UIS takes action reasonably calculated to end the violation, prevent its recurrence, and, as appropriate, remedy its effects. UIS is nonetheless committed to investigating all alleged and suspected violations of this policy to the fullest extent possible.
UIS coordinates with law enforcement investigations and shares information to the extent permitted and as appropriate. UIS reserves the right to commence and complete its own investigation prior to the completion of any criminal investigation or criminal proceeding. Complaints are addressed within 60 days of filing, including completing the investigation and any required process to consider appropriate sanctions, unless UIS reasonably determines for good cause that additional time is required.
Issues or concerns may arise or be reported by the Complainant or others that, in the judgment of the Title IX Coordinator, do not rise to the level of a violation of this policy. In such situations, the Complainant may prefer to seek an informal resolution of the issues or concerns. For more information on the informal complaint resolution process, see Appendix H. Any person may submit a formal complaint alleging a violation of this policy. Formal complaints are submitted in person or in writing to the Title IX Coordinator. Formal complaints must be submitted within days of the occurrence of the matter being complained about.
Formal Complaints submitted outside this timeline are normally not investigated unless the Title IX Coordinator determines there is an ongoing risk to the safety of the UIS community, although support services are generally available for current students and employees without regard to when the matter being reported occurred.
For more information on the formal complaint resolution process, see Appendix I. If a formal investigation is initiated, it is conducted in a prompt, thorough, fair and impartial manner. At the completion of fact-finding efforts and analysis, the Title IX Coordinator prepares a written Report of Investigation and delivers it to the Dean of Students if the Respondent is a student, or to the appropriate supervisors and other officials if the Respondent is an employee. The Report of Investigation 1 includes factual findings; 2 concludes whether a violation of this policy occurred; and 3 recommends appropriate potential corrective options.
The notification is issued contemporaneously to both parties to the extent possible and specifies that Complainants and Respondents may make arrangements with the Title IX Coordinator to review the Report of Investigation, subject to applicable privacy laws and regulations, within 5 business days of Real private sex Springfield date of the notice.
The Title IX Coordinator may reopen the investigation at any time for good cause shown, including at the request of the Dean of Students, and issue a revised Report of Investigation. In such cases, the above notice and appeal rights apply to the revised Report of Investigation. All investigations resulting in a finding that a violation of this policy occurred result in a referral to the Office of the Dean of Students for disciplinary action for student Respondents or a referral to the appropriate supervisors and other officials for appropriate employment action.
If the Title IX Coordinator determines that this policy was not violated, then in the case of student Respondents, the Dean of Students reviews the Report of Investigation to determine if there is evidence of other Student Conduct Code violations. The Title IX Coordinator is also available to meet with Complainants to explain why their complaint was not substantiated.
If the findings are inconclusive, the Title IX Coordinator may seek to facilitate a resolution or a result that takes the concerns and well-being of both the Complainant and the Respondent into. The Title IX Coordinator always prioritizes any and all safety concerns. For more information on the investigation findings and how they are resolved, see Appendix K. The Title IX Coordinator Real private sex Springfield records documenting any reports or complaints alleging violations of this policy and how such reports or complaints were resolved. All records are confidential and Real private sex Springfield made available to persons outside of the process only as required or permitted by law.
Complainants and the Respondents may appeal the complaint outcome within 7 business days of the issuance of the Report of Investigation. Parties may appeal the complaint outcome only on the following grounds: 1 a procedural error occurred, or 2 new information exists that would substantially change the outcome of the finding.
Both parties also retain the right to file a complaint with an appropriate state or federal agency or the courts in accordance with applicable law. For more information on submitting an appeal and how appeals are decided, see Appendix L. Nothing in this policy overrides provisions in applicable state or federal law, University of Illinois or UIS governing documents, collective bargaining agreements, or other contractual obligations of the University of Illinois or UIS. Please contact Human Resources for additional information and assistance. Persons conducting functions pursuant to this policy must be free from conflicts of interest and bias for or against any party.
UIS officials having a conflict of interest or bias in a particular case must recuse themselves from taking part in the complaint resolution process and notify the appropriate UIS or University of Illinois official so that a substitute can be deated. Similarly, either party to a complaint may request a substitution for an official with authority to make a finding or impose a sanction in their proceeding if the participation of the official poses a conflict of interest.
See Appendix J. For additional information on how certain conflicts of interest are resolved, see Appendix M. It is a violation of Title IX and this policy to retaliate against a person for reporting in good faith an alleged or suspected violation of this policy, or for assisting, participating, or cooperating in an investigation of the same.
UIS takes immediate and appropriate steps to investigate allegations of retaliation and protects the Complainant, as necessary. The reporting party can use the complaint resolution mechanisms specified in this policy to allege retaliation. Individuals believing they have experienced discrimination on the basis of Gender or sex at UIS have the right to initiate a complaint with an appropriate state or federal agency. For more information, see Appendix N. Representatives from community-based organizations and local law enforcement are also invited to participate.
The task force works toward improving UIS coordination with community leaders and service providers to prevent sexual misconduct and to facilitate a coordinated response both in terms of law enforcement and victim services.
UIS makes appropriate training available to task force members. UIS will provide no later than November 1,and every November 1 thereafter, an annual report concerning the immediately preceding calendar year to the Illinois Department of Human Rights and the Attorney General with all of the components required by Section 9.
Campus Security Authority. If such an official is a pastoral or professional counselor, the official is not considered a campus security authority when acting as a pastoral or professional counselor. Confidential Advisors. Professional counselors available at the UIS Counseling Center or off-campus who provide emergency and ongoing support, help find needed resources, and talk with students about reporting Sexual Misconduct. Confidential Advisors are not considered Responsible Employees. All communications between a Confidential Advisor and a survivor of Sexual Violence pertaining to an incident of Sexual Violence are confidential, unless the student victim consents to the disclosure in writing, the disclosure falls within a statutory exception, or failure to disclose the communication would violate state or federal law.
Consent is informed, freely and actively given, mutually understandable words or actions that indicate Real private sex Springfield willingness to participate in the mutually agreed upon sexual activity in question. Silence does not necessarily constitute consent. If coercion, intimidation, threats, or force express or implied are used there is no consent.
There is no consent when the victim is under duress or is deceived. Lack of verbal or physical resistance or submission resulting from the use of force or threat of force does not constitute consent. A person can withdraw consent at any time. A person cannot consent to sexual activity if he or she is unable to understand the nature of the activity or give knowing consent due to the 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 age; or the person has a mental disability.
Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent. Dating Violence.Real private sex Springfield
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