§ 1-111 Sex-Based Misconduct Policy

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.

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.
This policy is only applicable to alleged incidents that occur after August 1, 2024. For alleged incidents occurring on or before July 31, 2024, the policy in place at the time of the alleged incident applies.
1. This policy applies to the conduct of:
  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. Applicants for enrollment or employment with the university;
  4. Other affiliated individuals, including but not limited to, for purposes of this policy, visiting faculty, visiting scholars, and post-doctoral fellows; and
  5. Third parties, including but not limited to contractors, subcontractors, volunteers, and visitors.
2. This policy applies to all university policies and practices.
3. This policy protects the rights of all persons under any academic, extracurricular, research, occupational training, or other education program or activity.
Responsible Employees and Confidential Employees
Responsible Employees are university employees who must promptly report all known details of actual or suspected Prohibited Conduct under this policy to the Title IX Coordinator. A Responsible Employee who is themselves a target of Prohibited Conduct under this Policy is not required to report their own experience, though they are encouraged to do so.

For information on which employees are Responsible Employees, see FAQs about Employee Reporting Obligations.

Confidential Employees fall into three categories. (1) An employee of the university whose communications are privileged or confidential under Federal or State law, provided, however, the employee’s confidential status, for purposes of this policy, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; (2) Confidential Advisors; or (3) An employee of the university who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination—but the employee’s confidential status is only with respect to information received while conducting the study.

Confidential Employees are university employees who are not required to report actual or suspected Prohibited Conduct under this policy to the Title IX Coordinator. They must, however, let the Complainant know their status as confidential, provide contact information of the Title IX Coordinator and information about how to make a report, and let them know the Title IX Office may be able to offer and coordinate supportive measures, as well as review options such as an informal resolution process or an investigation under the grievance procedures.

Employees who fail to perform their obligations under this section may be subject to discipline and should be referred to Illinois Human Resources or the Office of the Provost for appropriate action.
Emergency Removal/Leaves
The university can act to remove a student accused of Sex Discrimination or Sex-Based Harassment from its education program or activities, partially or entirely, on an emergency basis when the university undertakes an individualized safety and risk analysis, determines that an imminent and serious threat to the health or safety of a complainant or any students, employees, or other persons arising from the allegations of Sex Discrimination or Sex-Based Harassment justifies removal, and provides the student with notice and an opportunity to challenge the decision immediately following the removal. This may be done in conjunction with existing university policies and processes, such as for interim suspensions and involuntary removals.

Employees are subject to existing procedures for interim actions and leaves.
Prohibited Conduct
1. 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:
  1. Excludes an individual from participation in;
  2. Denies the individual benefits of; or
  3. 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 (pdf).
2. 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.
  1. 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 implicitly conditioning the provision of such an aid, benefit, or on a person’s participation in unwelcome sexual conduct;
  2. Hostile Environment 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:
    1. The degree to which the conduct affected the complainant’s ability to access the university's education program or activity;
    2. The type, frequency, and duration of the conduct;
    3. 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;
    4. The location of the conduct and the context in which the conduct occurred; and
    5. Other sex-based harassment in the university’s education program or activity
  3. Sexual Assault (See 20 U.S.C. 1092(f)(6)(A)(v)) means:
    1. 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 include breasts, buttocks, groin, and sex organs.
    2. Incest. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    3. 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.
    4. 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.
    5. Forcible Sodomy. Oral or anal sexual intercourse with another person, without the Consent of the victim.
    6. Statutory Rape. Statutory Rape is sexual intercourse with a person who is under the statutory age of consent.
  4. Dating Violence means violence committed by a person:
    1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
    2. where the existence of such a relationship is determined based on consideration of the following factors:
      1. of the length of relationship;
      2. the type of the relationship; and
      3. the frequency of the interaction between the persons involved in the relationship.
      Acts of Dating Violence that also meet the definition of Domestic Violence will be charged as Domestic Violence.
  5. Domestic Violence meaning felony or misdemeanor crimes committed by a person who:
    1. 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;
    2. Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
    3. Shares a child in common with the victim; or
    4. 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.
  6. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
    1. Fear for their safety or the safety of others; or
    2. Suffer substantial emotional distress.
    For the purposes of this definition:
    1. Course of conduct means two or more acts, including but not limited to, acts 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.
    2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
    3. 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:
    1. is sexual or romantic in nature;
    2. is committed by the victim’s current or former partner of an intimate, romantic, or sexual nature; and/or
    3. 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.
3. Other Misconduct
  1. 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:
    1. 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.
    2. 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.
    3. 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 this 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.
  2. 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:
    1. 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;
    2. allowing another to observe, record, or photograph nudity or sexual activity of one or more persons without their Consent; or
    3. otherwise distributing recordings, photographs, or other images of the nudity or sexual activity of one or more persons without their Consent.
  3. Sexual Violence means physical sexual acts attempted or perpetrated against a person’s will or when a person is incapable of giving Consent.
  4. 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.
Additional Definitions
As used in this policy, the following definitions and understandings apply:
1. 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 the 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 the 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:
  1. the person is incapacitated due to the use or influence of alcohol or other drugs;
  2. the person is asleep or unconscious;
  3. the person is under the legal age to provide consent; or
  4. 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.
2. 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 become coercive.
3. More than de minimis harm means harm that is genuine and objectively non-trivial as assessed from the perspective of a reasonable person in the individual’s position.
4. On the basis of sex or Sex-based includes on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
5. Pregnancy or related conditions means:
  1. Pregnancy
  2. Childbirth
  3. Termination of pregnancy (this includes the end of pregnancy in any manner, including miscarriage, stillbirth, or abortion)
  4. Lactation
  5. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation
  6. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions
Title IX
The Title IX Coordinator is responsible for and authorized to coordinate the university’s efforts to comply with and carry out its responsibilities under Title IX, which prohibits sex discrimination 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 Title IX Coordinator also oversees the university’s response to all reports and complaints of Prohibited Conduct under this policy to monitor outcomes, identify any patterns, and assess their effects on the campus climate. The Title IX Coordinator monitors for barriers to reporting sex discrimination and takes reasonable steps to address such barriers. The Title IX Coordinator evaluates requests for confidentiality or requests not to proceed with a complaint of Prohibited Conduct under this policy in the context of the university’s responsibility to provide a safe and welcoming campus environment free from all forms of discrimination based on sex. The Title IX Coordinator is also responsible for effective implementation of any supportive measures or remedies for Prohibited Conduct under this policy, and for overseeing the university’s recordkeeping obligations under Title IX.
Danielle Fleenor serves as the university’s lead Title IX Coordinator and can be contacted in person or by mail at 614 E. Daniel Street, Suite 303, Champaign, IL 61820; by phone at (844) 616-7978; or by email at titleixcoordinator@illinois.edu.
A person should contact the Title IX Coordinator’s office to:
1. seek information or training about rights and available actions to resolve reports or complaints involving potential sex discrimination, sex-based harassment, and/or other misconduct under this policy;
2. file a complaint or make a report of sex discrimination, sex-based harassment, and/or other misconduct under this policy;
3. obtain information about the availability of and for coordination of resources (including confidential resources) and supportive measures relating to sex discrimination, sex-based harassment, and/or other misconduct under this policy;
4. notify the university of an incident, policy, or procedure that may raise potential Title IX concerns; and
5. ask questions about the university’s policies and procedures related to sex discrimination, sex-based harassment, and/or other misconduct under this policy.