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article 1—student rights and responsibilities

Part 1. Student Rights

§ 1-111 Sexual Misconduct Policy

(a) The University of Illinois at Urbana-Champaign (“University”) is committed to providing a safe and welcoming campus environment free from discrimination based on sex, which includes sexual assault, sexual exploitation, stalking, sexual harassment, dating violence, and domestic violence (collectively referred to as sexual misconduct). The University prohibits and will not tolerate sexual misconduct because such behavior violates the University’s institutional values, adversely impacts the University’s community interest, and interferes with the University’s mission. The University also prohibits retaliation against any person who, in good faith, reports or discloses a violation of this policy, files a complaint, and/or otherwise participates in an investigation, proceeding, complaint, or hearing under this policy. Once the University becomes aware of an incident of sexual misconduct, the University will promptly and effectively respond in a manner designed to eliminate the misconduct, prevent its recurrence, and address its effects.

(b) This policy applies to
(1) all students, Registered Organizations, Registered Student Organizations, and others subject to student discipline pursuant to § 1-301 of the Student Code;
(2) all University employees;
(3) other affiliated individuals, including but not limited to, for purposes of this policy, visiting faculty, visiting scholars, and post-doctoral fellows; and
(4) third parties, including but not limited to contractors, subcontractors, volunteers, and visitors. Any person asserting a violation may invoke this policy. This policy applies regardless of actual or perceived sexual orientation or gender identity. This policy covers conduct that occurs on University premises or property, as well as conduct that does not occur on University premises or property that substantially affects the University community’s interest.

(c) Definitions:
(1) Sexual misconduct includes sexual harassment, sexual assault, sexual exploitation, stalking, dating violence and domestic violence.
(2) Sexual assault is any sexual contact that does not involve the knowing consent of each person, including
    (A) any form of sexual penetration without consent; and
    (B) any intentional or knowing touching or fondling by either person, directly or through clothing, of the sex organs, buttocks, or breasts of the other person for the purpose of sexual gratification or arousal of either person without consent.
(3) Consent is informed, freely and actively given, mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. A person can withdraw consent at any time. There is no consent when there is force, threats, intimidation, or duress. A person’s lack of verbal or physical resistance or manner of dress does not constitute consent. Consent to past sexual activity with another person does not constitute consent to future sexual activity with that person. Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person. A person cannot consent to sexual activity if such 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:
    (A) the person is incapacitated due to the use or influence of alcohol or drugs;
    (B) the person is asleep or unconscious;
    (C) the person is under the legal age to provide consent; or
    (D) the person has a disability that prevents such person from having the ability or capacity to give consent.
(4) Sexual exploitation is the use of another person’s nudity or sexual activity without consent for the purpose of sexual gratification, financial gain, personal benefit, personal advantage, or any other non-legitimate purpose. Sexual exploitation includes, but is not limited to:
    (A) without the knowledge and consent of all participants, observing, recording, or photographing nudity or sexual activity of one or more persons 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, or otherwise distributing recordings, photographs, or other images of the nudity or sexual activity of one or more persons; and
    (B) sending sexually explicit materials of another person without consent of the recipient.
(5) Sexual harassment is unwelcome sexual, sex-based, or gender-based conduct, whether verbal, written, electronic and/or physical in nature:
     (A) that is (1) sufficiently severe or pervasive; and (2) objectively offensive; and 3) unreasonably interferes with, denies, or limits a person’s ability to participate or benefit from educational and/or employment opportunities, assessments, or status at the University; or
     (B) by a person having power or authority over another in which submission to such conduct is made explicitly or implicitly a term or condition of educational and/or employment opportunities, participation, assessments, or status at the University.
(6) Stalking is two or more acts directed at a specific person that would cause a reasonable person to fear for her, his, or others' safety, or to suffer substantial emotional distress, and includes, but is not limited to, following, monitoring, surveilling, or threatening a person; initiating or continuing contact with a person without consent; or interfering with or damaging a person’s property.
(7) Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and the existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of relationship, the type of the relationship, and the frequency of the interaction between the persons involved in the relationship.
(8) Domestic violence is felony or misdemeanor crimes of violence committed by:
    (A) a current or former spouse or intimate partner of the alleged victim;
    (B) a person with whom the alleged victim shares a child in common;
    (C) a person who is cohabitating with, or has cohabitated with, the alleged victim as a spouse or intimate partner;
    (D) a person similarly situated to a spouse of the alleged victim under the domestic or family violence laws of the State of Illinois; or
    (E) any other person against an adult or youth alleged victim who is protected from that person’s acts under the domestic or family violence laws of the State of Illinois.

(d) Retaliation is any action, or attempted action, directly or indirectly, against any person(s), who, in good faith, reports or discloses a violation of this policy, files a complaint, and/or otherwise participates in an investigation, proceeding, complaint, or hearing under this policy. Retaliation includes, but is not limited to harassment, discrimination, threats, job termination, adjustment in pay or responsibilities, or negative impact on academic progress. Actions are considered retaliatory if they have a materially adverse effect on the working, academic, or living environment of a person; or if they hinder or prevent the person from effectively carrying out their University responsibilities. Any person or group within the scope of this policy who engages in retaliation is subject to a separate complaint of retaliation under this policy.

(e) The Lead Title IX Coordinator is responsible for coordinating the University’s efforts to comply with and carry out its responsibilities under Title IX of the Education Amendments of 1972 (“Title IX”), which prohibits sex discrimination, including sexual misconduct, in education programs and activities for institutions that receive federal financial assistance, as well as retaliation for the purpose of interfering with any right or privilege protected by Title IX. The Lead Title IX Coordinator oversees the University’s response to all reports and complaints of sexual misconduct to monitor outcomes, identify and address any patterns or systemic problems, and to assess their effects on the campus climate. The Lead Title IX Coordinator also evaluates requests for confidentiality by those who report or complain about sexual misconduct in the context of the University’s responsibility to provide safe and welcoming campus environment for all students free from discrimination based on sex. Following a report or complaint of sexual misconduct, the University is required to conduct an adequate, reliable, impartial, equitable, and prompt investigation, including:
(1) determining whether the report or complaint alleges conduct that may, upon further investigation, constitute prohibited sexual misconduct;
(2) appointing an investigative team to conduct that investigation;
(3) determining whether reports and complaints are handled properly in a prompt and timely manner;
(4) informing all parties regarding the disciplinary process;
(5) confirming that all parties have been notified of a decision and the right to, and procedures for, an appeal, if applicable; (
6) maintaining information and documentation related to the investigation in a secure manner, consistent with the University’s obligations to disclose information as required by law; and
(7) monitoring compliance with timeframes set forth in the applicable procedures.

(f) Danielle Morrison serves as the University’s Interim Title IX Coordinator and can be contacted at 300 Turner Student Services Center, 610 East John Street, Champaign, IL 61820; by phone at (844) 616-7978; or by email at titleixcoordinator@illinois.edu. The University has Deputy Title IX Coordinators who can be contacted at the Title IX Office (Office of Diversity, Equity & Access), 1004 S. Fourth Street, Champaign, IL 61820; by phone at (844) 616-7978; or by email at titleixcoordinator@illinois.edu.

(g) A person should contact the Lead Title IX Coordinator or a Deputy Title IX Coordinator to:
(1) seek information or training about rights and available actions to resolve reports or complaints involving potential sex discrimination, including sexual misconduct;
(2) file a complaint or make a report of sex discrimination, including sexual misconduct;
(3) notify the University of an incident, policy or procedure that may raise potential Title IX concerns;
(4) get information about available resources (including confidential resources) and support services relating to sex discrimination, including sexual misconduct; and
(5) ask questions about the University’s policies and procedures related to sex discrimination, including sexual misconduct.