UIC Title IX and VAWA Response, January 2016 Executive Summary I. Program Overview A. UIC Student Sexual Misconduct Website The Office of the Dean of Students, in conjunction with the Student Response Team and the Office for Access and Equity (of which the Title IX Coordinator is a member), created an Interim Student Sexual Misconduct website (http://sexualmisconduct.uic.edu/) that includes the comprehensive information required by the VAWA Amendments to the Clery Act, including required policy statements on rights, definitions, how to preserve evidence, confidential and private resources, how to report to the police and how to file a complaint. This site was launched and announced to the campus in January 5, 2015, and contains UIC’s most current policy statement on Sex Discrimination, Sexual Harassment and Sexual Misconduct. B. Education and Prevention Programs UIC engages in comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to prevent dating violence, domestic violence, sexual assault and stalking. For example: • During New Student Orientation every year, incoming undergraduates view video scenarios depicting various forms of sexual misconduct followed by small group discussion facilitated by orientation leaders. Students are given information about sexual assault, domestic/dating violence, and stalking and bystander intervention. The students receive an overview of the confidential advocacy resources on campus, options to report to the police, file a complaint with the Title IX coordinator or pursue a student conduct process. • New transfer students and international students receive an annual presentation about the sexual misconduct policy, advocacy services, and bystander information offered by the Campus Advocacy Network. • The Title IX coordinator provides compliance education about sexual harassment and other forms of sexual misconduct, policies, bystander information, options and resources for all orientations held for incoming graduate students, residents, post-doctoral students, and fellows in the health professions, as well as, to academic departments, academic advisors, campus units, orientation leaders, housing residents and peer mentors, new faculty and hospital employee orientations. • The President’s Task Force to Prevent and Address Sexual Violence and Misconduct has arranged online training, scheduled for the Spring 2016 semester, for all faculty, staff, and graduate and professional students in the University of Illinois system and all UIS undergraduate students. • Additional programs are detailed on pages 156-159 of UIC’s 2014-15 Annual Security and Fire Safety Report (http://clery.uic.edu/). The Title IX Coordinator for UIC and the Deputy Title IX Coordinator for UIUC were appointed co-chairs of the President’s Task Force (PTF) in December of 2014 to review legislative compliance, policy and procedures, response to students, and educational mandates. In furtherance of PTF efforts, UIC will conduct a campus climate survey during the spring semester. The PTF has also procured online training for all faculty, staff, and graduate and professional students in the University of Illinois system and all UIS undergraduate students, in addition to the developing a compliance matrix to inform policy changes. II. Sexual Misconduct Policy The 2011 Dear Colleague Letter and the 2013 VAWA Amendment’s to Clery necessitated a review of and modifications to UIC sexual violence and harassment policies and procedures. Accordingly, UIC promulgated its Interim Policy on Sex Discrimination, Sexual Harassment and Sexual Misconduct, which is accessible on the UIC Student Sexual Misconduct website (http://sexualmisconduct.uic.edu/policystatement.shtml). The review and revision process continues in light of recent legislation and administrative decisions. Specifically, the Department of Education’s Office for Civil Rights agreements for Michigan State and University of Virginia, in addition to new Illinois legislation passed in 2015 (Preventing Sexual Violence in Higher Education Act), are informing current revisions to our policy and procedures that will be finalized this spring. III. Reporting Incidents of Sexual Misconduct Any person at UIC may file a report to the UIC Police Department whether or not criminal charges are pursued. Complaints about sexual discrimination, sexual harassment and sexual misconduct can also be made directly to the Title IX Coordinator in the Office of Access and Equity or the Office of the Dean of Students. Reports of all domestic violence, dating violence, sexual assault, sexual harassment, and stalking made to UIC officials (e.g. UIC Police Department) will be referred to the Title IX Coordinator for an investigation. All UIC employees have the authority and responsibility to report sex discrimination or sexual misconduct and are considered to be “Responsible Employees.” All Responsible Employees are required to participate in training and report disclosures or observations of sex discrimination, sexual or gender-based harassment or other sexual misconduct to the Title IX Coordinator. IV. Responding Reports of Sexual Misconduct The Title IX Coordinator reports to the Director of the Office for Access and Equity (OAE), (www.uic.edu/depts/oae) and is charged with responding to complaints of unlawful discrimination/harassment, including all reports of sexual assault, domestic and dating violence and stalking. OAE developed the infrastructure required to respond to this expanded role necessitated by recent legislative changes, including hiring an additional investigator, creating a central campus policy, and implementing a standardized investigation and review process. A flowchart of the process is attached. The process is also more fully described in UIC’s Annual Security and Fire Safety Report (http://clery.uic.edu/UIC_ASFSR2014-2015.pdf). A. Investigating Complaints The Title IX Coordinator/OAE (www.uic.edu/depts/oae) investigates all reports of sexual assault, domestic and dating violence and stalking. At the beginning of the investigation process, the parties are informed of their rights, including that of having an advisor such as legal counsel, union representative, or an advocate present during any part of the process. The advisor’s role is passive and advisors cannot actively participate in the process. Following the receipt of a report, the complainant is invited to meet with the Title IX Coordinator or designee for an initial review of the matter to see if there is a basis for a Title IX complaint and whether he/she wants to participate in the investigative process. The Title IX Coordinator or designee will (a) make referrals to confidential advocacy services, health care services and counseling, (b) arrange for interim safety measures, (c) arrange for reasonable workplace, academic, living, and administrative accommodations, (d) issue no contact or no retaliation directives, and when necessary (e) collaborate with the Office of the Dean of Students on issuance of interim suspensions, and/or the employing unit and Faculty and Staff Response Team regarding workplace bans and administrative leaves. The Title IX investigation process is conducted by Title IX designated investigators who will meet separately with the Complainant and the Respondent. The investigator will provide information about: (a) the rights for each party, (b) option to report to law enforcement or decline to do so (c) the investigative process, (d) employment action (e) the student conduct process, (f) available resources, (g) the University’s policy prohibiting retaliation, (h) interim safety measures, (i) workplace or academic accommodations, (j) evaluation for confidentiality or anonymous reporting, and (k) community remedies. The investigator will request that each party (i.e. the Complainant and Respondent) provide all information relevant to the allegations, including the names of witnesses, documents, emails, text messages, or other recordings, or any other information the parties feel may be relevant. Both parties may also submit supplemental information during the course of the investigation, until the investigator issues findings regarding the case. B. Deciding Complaints Once the investigation is completed, the investigator will issue his/her written findings as to whether or not, by a preponderance of the evidence, the alleged conduct occurred and, if so, whether or not that conduct constituted a violation of the University or campus policies on sexual misconduct, harassment or discrimination. The Title IX Coordinator or designee will provide a review of the evidence and findings to affirm, remand for further investigation or reverse the findings of the investigator. The notice of findings shall be sent to both parties simultaneously and shall contain a summary of the allegations, the information and materials considered, the investigator’s findings of fact and conclusions, the basis for the findings, and any recommended actions. Notice of finding will also be sent to the appropriate University official (e.g. Office of the Dean of Students) and unit(s), department, college(s), and/or Vice Chancellor of both the Respondent and Complainant. Although it is generally up to the discretion of the victim as to whether she/he files a student conduct complaint against the respondent, the Title IX Coordinator may deem a conduct hearing necessary for the safety and security of the student victim and/or the broader campus community. The Title IX Coordinator presents the findings from the Title IX investigation to the Student Hearing Conduct Panel as to whether or not the Interim Policy on Sex Discrimination, Sexual Harassment and Sexual Misconduct was violated. The Office for Access and Equity is charged with ensuring this policy has been implemented fairly and consistently when dealing with such matters. During the Student Conduct Hearing process, all parties are afforded an opportunity to ask questions regarding the Title IX investigative report. The Student Conduct Hearing Panel reviews the Title IX Coordinator’s report and findings in their determination of responsibility and sanctions. If new information emerges during the hearing process that substantively alters the findings, the case would be remanded to the Title IX Coordinator for further review and investigation. The student conduct decision is based on the preponderance of evidence standard. The complainant and the respondent will be notified simultaneously in writing of the result of any conduct proceeding, as well as any changes to those results or disciplinary actions prior to the time that such results become final. The institution provides the complainant and respondent the same opportunities to have others present during an institutional disciplinary proceeding. The complainant and the respondent student 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. An advisor may only consult and advise his or her advisee, but not speak for the advisee at any meeting or hearing. The parties will not be allowed to personally cross-examine each other during a student conduct hearing. Sanctions may include one or more of the following: Warning, Developmental Sanction, Recommended Counseling, Restitution and Fines, Failure or Grade Modification, UIC Probation, Suspension, Dismissal, Expulsion. A full description of the sanctions is included in the Student Disciplinary Policy. A written notice will be sent simultaneously to both parties informing each student about the outcome of the student conduct hearing as determined by the responsible hearing committee. C. Appeals The complainant and the respondent each have the right to appeal the outcome of the hearing by completing a Request for Appeal form (issued by the Office of the Dean of Students after a hearing) and supplying a statement explaining the grounds for the appeal, all relevant supporting evidence and documentation, and the desired outcome and will be notified simultaneously in writing, of any change to the result prior to the time that it becomes final and of the final result after the appeal is resolved.