Policies and Procedures

Prohibition of Sex Discrimination, Sexual Harassment and Sexual Misconduct

UIC is committed to providing an educational and work environment that is free from all forms of sex discrimination, sexual violence, and sexual and gender-based harassment (collectively referred to as “sexual misconduct”).
UIC prohibits and will not tolerate sexual misconduct of or by students, employees, patients, or visitors. UIC will take prompt and fair action to eliminate such conduct, prevent its recurrence, and remedy its effects through interim protective measures and accommodations, equitable investigations, and disciplinary processes. Employees and students in violation of this policy may face sanctions up to and including termination or expulsion. The Office for Access and Equity, through its Title IX Coordinator, has the authority to conduct investigations, to determine when there have been violations of this policy based on the standard of preponderance of evidence, and then make recommendations in accordance with the relevant University policies for students, employees, patients, or visitors.

UIC encourages good faith reports of sexual misconduct and prohibits retaliation against any person who reports sexual misconduct and/or who participates in a Title IX investigation or resultant disciplinary process.

All employees are considered to be “Responsible Employees” with the authority and responsibility to report Sexual Misconduct to University Officials. Employees who are exempted from this reporting requirement are professional or pastoral counselors who provide work-related mental-health counseling, campus advocates who provide confidential victim assistance, and employees who are otherwise prohibited by law from disclosing information received in the course of providing professional care and treatment.

To file a report of sexual misconduct with the University, contact:

Sue McCarthy, Title IX Coordinator
Amy Truelove, Deputy Title IX Coordinator
Danielle Earls, Deputy Title IX Coordinator
Office for Access and Equity
809 S Marshfield Ave, M/C 602
(312) 996-8670
TitleIX@uic.edu
http://oae.uic.edu/sexual-misconduct/report-an-incident/

For more information about reporting options and resources, visit:
http://sexualmisconduct.uic.edu

A report of sexual misconduct may also be filed with:

Chicago Office, Office for Civil Rights
U.S. Department of Education
Citigroup Center
500 W. Madison Street, Suite 1475
Chicago, IL 606614544
(312) 730-1560,
OCR.Chicago@ed.gov
FAX: 312-730-1576;
TDD: 800-877-8339

UIC Complaint Resolution Procedure: Title IX Investigation

Report to Title IX Coordinator: Reports of sexual misconduct are referred to the Title IX Coordinator for an investigation.
Outreach to Survivor: The Title IX Coordinator or designee will contact the survivor to provide resources, explain the investigative process, and offer the option to participate or not participate. The Title IX Coordinator or designee will proceed with an investigation if she/he determines that the safety and security of the broader campus community requires that the university proceed with a full investigation. Any time this is done, the survivor will be notified prior to the start of any such investigation.
Interview of Complainant and Respondent: The investigation process is conducted by an investigator who will meet separately with the complainant and the respondent. During each meeting, the investigator will explain: (a) a summary of rights for each party, (b) the investigative process, (c) avenues of appeal after the investigation (if any), (d) information about available resources, and (e) an explanation that the University and the law protect against retaliation. The investigator will ask for all information relevant to the allegations. For both parties, this is their opportunity to present any information regarding the incident, including names of witnesses, the existence of documents, emails, text messages, or other recordings, or any other information the parties feel may be relevant.
Interview of Witness and Collect Relevant Information: As part of the investigation, the investigator may conduct additional investigative and witness interviews as appropriate and review all available pertinent evidence. This may include reviewing student and personnel files and reviewing law enforcement documents or evidence.
Issuance of Notice of Finding: Once the investigator has completed all the meetings and reviewed the pertinent information, the investigator will issue a notice of finding as to whether or not, by a preponderance of the evidence, the alleged conduct occurred and make a conclusion as to whether the respondent is or is not responsible for a violation of the University’s Sexual Misconduct Policy based on the evidence available at the time of the investigation. The investigator will simultaneously send the notice of finding to both parties outlining the results of the investigation and the basis for the conclusion, and setting forth recommended actions, as appropriate.
Right to Appeal Finding: The parties have the right to appeal the finding of the investigation within five (5) calendar days after receiving the written notice of finding. The request for an appeal must be accompanied by a statement stating the grounds for the appeal and the desired outcome, and include all relevant supporting evidence and documentation. An appeal may be filed based upon the following grounds: (1) Procedural Error: A procedural error occurred in the investigation; or (2) New Evidence: new information exists that would substantially change the outcome of the finding.
If an appeal is timely filed, the Title IX Coordinator will designate an individual or panel to review the finding. The decision will be provided simultaneously and in writing to the parties.
If an appeal is not filed or has been reviewed, the finding will be forwarded to the Office of the Dean of Students or the appropriate Human Resources department.
Referral to the Student Conduct Process: If the investigator deems that the respondent is responsible for a violation of the University Statement on Sexual Discrimination, Sexual Harassment, and Sexual Misconduct, the Student Sexual Misconduct Policy, and/or the University Nondiscrimination Statement, the University will take prompt and effective steps reasonably calculated to end the sexual misconduct, eliminate the hostile environment, prevent its recurrence and, as appropriate, remedy its effects.

UIC Complaint Resolution Procedure: Student Conduct Process

Hearing Process: Sexual misconduct hearings are conducted as described in the Student Disciplinary Policy. A staff member in the Office of the Dean of Students will meet separately with the student victim and the student respondent to discuss the incident, explain the student conduct process, and answer any questions.
Presentation of Evidence: During the presentation of the evidence segment of the student conduct hearing, the Title IX Coordinator or designee will present a summary of the findings from the investigation. The student victim, student respondent, and student conduct board members will have an opportunity to ask questions related to the investigative findings. The parties will not be allowed to personally cross-examine each other during a student conduct hearing. If the respondent declines to present information on his/her own behalf, this will not be construed as an admission of responsibility. If the victim declines to participate in the student conduct hearing, this will not be construed as evidence that favors the respondent.
Standard of Evidence: The outcome of a student conduct proceeding will be made using the preponderance of the evidence standard. The preponderance of the evidence standard requires the student conduct administrator and/or the student conduct board to determine whether or not it is more likely than not that sexual misconduct occurred.
Sanctions: Sanctions may include, but are not limited to, one or more of the following: Warning, Developmental Sanction, Recommended Counseling, Restitution and Fines, Failure or Grade Modification, University Probation, Suspension, Dismissal, Expulsion. A full description of the sanctions is included in the Student Disciplinary Policy.
Notice of Outcome: A written notice will be sent to both parties informing each student about the outcome of the student conduct hearing as determined by the responsible hearing committee
Appeal: Both the respondent and the victim have the right to appeal the hearing outcome within five days after the date of the issuance of the decision. Both students will receive written notification, simultaneously, of the final determination of the appeal committee. The appeal process is described in the Student Disciplinary Policy.