Title IX Complaint Investigation Procedures

  • Initiation of Investigation by Title IX Coordinator
    • Upon receipt of a Title IX complaint of sexual discrimination, harassment and/or misconduct, including sexual violence, the Title IX Coordinator will initiate a prompt, fair and thorough investigation.
  • Interim Measures Provided
    • During the investigation, the Title IX Coordinator will ensure the victim and/or complainant receive written notice of and the opportunity to obtain Interim Measures as set forth in Section IX, above, and will advise the victim and/or complainant of the right to file a complaint with Campus Police or law enforcement agencies.
  • Notice to Respondent
    • Within 10 business days of receipt of a complaint, the respondent will be given written notice of the charges against him/her.
    • The respondent will be advised of the nature of the evidence against him/her (unless release of the evidence would endanger the health or safety of victim(s) or witness(es).
  • Due Process Rights of Victim and/or Complainant and Respondent
    • The victim and/or complainant and student respondent will each be notified of the individual(s) with authority to make a finding or impose a sanction in their proceeding before the individual(s) initiate contact with either party. Both parties will have the opportunity to request a substitution if the participation of an individual with authority to make a finding or impose a sanction poses a conflict of interest.
    • The victim and/or complainant and student respondent will each be afforded the right to present information and witnesses relevant to his or her case.
    • When the victim and/or complainant or student respondent is requested to appear at an investigatory meeting or proceeding related to a complaint, he or she may be accompanied by an advisor. An advisor is defined as a family member, peer, staff/faculty member of the College, or a union representative; it does not include legal counsel or an attorney at law.
    • If the respondent is a College employee, then any employee misconduct investigation procedures outlined in applicable employee guidebooks and/or collective bargaining agreements will apply.
  • Evidence Considered
    • Investigators will interview and receive evidence from the victim, complainant, respondent and any witnesses identified during the course of the investigation.
  • Preservation of Evidence
    • The Title IX Coordinator will provide the victim and/or complainant with information regarding the importance of preserving physical evidence of sexual violence and the availability of medical forensic services on at no charge pursuant to the Illinois Sexual Assault Survivors Emergency Treatment Act (410 ILCS 70). Any physical evidence gathered by the investigator will be preserved by Campus Police.
  • Concurrent Criminal Investigation
    • The existence of a concurrent criminal investigation by law enforcement agencies will not necessarily delay or interrupt the investigation procedures outlined herein. However, the law enforcement agency may request that the College investigation be temporarily suspended.
  • Determination Based Upon Preponderance of the Evidence
    • The Title IX Coordinator review’s the investigator’s report and all evidence gathered to determine whether the respondent engaged in sexual discrimination, harassment and/or misconduct in violation of College policy. The determination of violations shall be made based on the preponderance of evidence, meaning whether it is more likely than not that this policy was violated.
  • Notice to Respondent
    • For student respondents, within seven (7) days after receipt of the investigator’s report, the Title IX Coordinator will notify the student respondent via certified mail, return receipt requested, of his/her determination. If the Title IX Coordinator determines that the student respondent has violated the College’s prohibition of sexual discrimination, harassment and/or misconduct, this notification will also advise the student respondent of:
      1. Disciplinary sanctions; and
      2. The right to appeal the determination and sanctions in accordance with the Appeal Procedures set forth in Section VIII, below.
    • For employee respondents, the Department of Human Resources will follow its obligation under any applicable College Policies and collective bargaining agreements in providing notice.
  • Notice to Victim and/or Complainant
    • Concurrently with the notice provided to respondent, the Title IX Coordinator will notify the victim and/or complainant via certified mail, return receipt requested, of his/her determination.

Title IX Appeal Procedures for Victims and/or Complainants and Student Respondents

  • A victim and/or complainant or a student respondent who wishes to appeal the decision reached by the Title IX Coordinator at the conclusion of a formal investigation must submit a written request for appeal to the Conduct Review Committee. This request must be submitted to the College’s Conduct Officer within 10 business days after receipt of the Title IX Coordinator’s letter of determination.
  • The appeal request must be typewritten and must state the grounds for appeal. Appeals must be made on the basis of one or more of the following grounds:
    • Procedural error was committed.
    • The finding of facts contained in the decision included inaccurate information.
    • Specific evidence considered during the investigation is objectionable.
    • New evidence not offered during the investigation that would substantially change the   outcome of the finding is now available. In such cases, the new evidence must be described.
    • The sanction imposed is lenient, excessive or otherwise disproportionate with the violation.

Within 10 business days after receipt of the appeal request, the decision whether to grant the appeal based on if the appeal meets one of the above enumerated grounds will be made. The Conduct Officer shall inform the appellant by certified mail, return receipt request of the decision.

In the event a victim and/or complainant or a student respondent does not appeal within the required 10 business day period, the decision of the Title IX Coordinator will be final.