Sexual harassment is an umbrella term encompassing sexual assault, quid pro quo harassment, hostile environment harassment, stalking, dating violence, and domestic violence. Sexual violence refers to sexual assault, stalking, dating violence, and domestic violence, all of which are prohibited misconduct under the University’s Sexual Harassment Policy. Perpetrating sexual violence is prohibited by federal and state law, as well as University policy.
An individual who has reported being or is alleged to be the victim of conduct that could constitute sexual harassment.
Is informed, freely given, and mutual. Sexual activity requires consent, which is defined as voluntary, positive agreement between the participants to engage in specific sexual activity. Consent to sexual activity can be communicated in various ways, but one should presume that consent has not been given in the absence of clear, positive agreement. While verbal consent is not an absolute requirement for consensual sexual activity, verbal communication prior to engaging in sex helps to clarify consent. If coercion, intimidation, threats, or physical force is used, there is no consent. If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption, or being asleep or unconscious. There is no consent when there is force, expressed or implied, or use of duress or deception. Silence does not by itself constitute consent, nor does past consent to sexual activities by itself imply ongoing or future consent. Moreover, undertaking a new type of sexual activity requires that new consent be provided. A person’s consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person. A person’s manner of dress does not constitute consent and may not be considered as a factor under this policy. A person can withdraw consent at any time.
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the survivor and where the existence of such a relationship shall be determined based on a consideration of the following factors: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship.
Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the survivor, by a person with whom the survivor shares a child in common, by a person who is cohabitating with or has cohabitated with the survivor as s spouse or intimate partner, by a person similarly situated to a spouse of the survivor under the state domestic or family violence laws, or by any other person against an adult or youth victim who is protected from that person's acts under the state domestic or family violence laws.
Interim Protective Measures
Interim protective measures are reasonable measures the University can put in place to provide immediate support and protection to person(s) who report sexual misconduct or retaliation. These measures are available to individuals even if they choose not to file or pursue a complaint, or if the status of a Respondent to the University is unclear (un-enrolled student, non-employee, etc.). Examples of interim protective measures include, but are not limited, to:
- No Contact Orders
- Class or work schedule changes
- Housing changes
- Academic support or adjustments
- Transportation arrangements
- Safety planning
Interim protective measures are available for both parties and will be individualized based on the information gathered by the Title IX Coordinator, making every effort to avoid depriving student Complainants or Respondents access to their education. The measures needed by each individual may change over time, and the Title IX Coordinator shall communicate with the Complainant and Respondent throughout the investigation to ensure that any interim protective measures are necessary and effective based on their evolving needs.
These measures may be issued by the University’s Title IX Coordinator at any time, including during the investigative process and after the conclusion of the grievance process. Requests to adjust interim protective measures should be made to the Title IX Coordinator, who will determine such requests based on the information available at the time. Decisions regarding interim protective measures may not be appealed.
An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
Intimidation, threats, coercion, or discrimination against any individual for purpose of interfering with any right or privilege secured by Title IX because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any investigation, proceeding, or hearing.
Treating someone unfavorably because of that person's sex or gender, including their sexual orientation, gender identity, or gender expression.
Sexual penetration by force or the threat of force. However, if a victim is under the age of 17, or if the victim is unable to understand the nature of the act or give knowing consent, sexual abuse does not need to include penetration. Sexual abuse is a type of sexual assault and constitutes a severe form of sexual harassment that violates this policy and the Illinois Criminal Code.
Sexual assault is an offense that meets the definition of rape, statutory rape, fondling, or incest, as defined below.
- Rape: 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 survivor.
- Statutory rape: sexual intercourse with a person who is under the statutory age of consent.
- Fondling: touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the survivor, including instances where the survivor is incapable of giving consent because of their age or temporary or permanent mental incapacity.
- Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.
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:
- 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; or
- Sending sexually explicit materials of another person without consent of the recipient.
An umbrella term encompassing sexual assault, quid pro quo harassment, hostile environment harassment, stalking, dating violence and domestic violence. Sexual harassment means conduct on the basis of sex that satisfies one or more of the following: (1) a University employee conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct; (2) unwelcome conduct on the basis of sex determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or (3) sexual assault, dating violence, domestic violence, and stalking, as defined in this policy.
Any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration. Non-consensual sexual penetration constitutes sexual assault. If one individual or a group of individuals forces a person to engage in non-consensual sexual penetration with respect to any consenting or non-consenting party, this conduct constitutes sexual assault.
Sexual violence is defined as physical sexual acts attempted or perpetrated against a person’s will, or when a person is incapable of giving consent, including without limitation rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.
Non-disciplinary, non-punitive individualized services offered as appropriate, reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal Complaint or where no formal Complaint has been filed. Such measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all.