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:

Michael Diaz, 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 Comprehensive Policy and Complaint Resolution Procedures

UIC's Comprehensive Policy is implemented to address allegations of sexual misconduct, including sexual violence, domestic violence, dating violence and stalking.  This policy includes UIC's complaint resolution procedures for responding, investigating and resolving reports of sexual misconduct.

 

UIC Summary of Complaint Resolution Procedures

Title IX Investigation Overview

Report to Title IX Coordinator: Reports of sexual misconduct are referred to the Title IX Coordinator for an investigation.
Outreach to Reporting Party: The Title IX Coordinator or designee will contact the Reporting Party 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 Reporting Party and Responding Party: The investigation process is conducted by an investigator who will meet separately with the complainant and the Responding Party. 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.
Conclusion of Investigation: The Title IX Investigator shall prepare a written report containing all evidence collected and the Investigator's recommendation as to whether or not, by a preponderance of the evidence, the alleged conduct constitutes a violation of the UIC's Sexual Misconduct Policy. The Investigator will recommend either a finding of a violation or a finding of no violation.
Issuance of Notice of Finding: Written notice of the Investigator's recommendation will be sent to both parties outlining the results of the investigation and the basis for the conclusion.
Referral to the Student Conduct Process: In all investigations involving student Responding Party, the written notice of the Investigator’s recommendation will also be sent to the Office of the Dean of Students for a hearing in accordance with the Student Disciplinary Policy and a determination of whether the alleged conduct constitutes a violation of the UIC policy on Sexual Misconduct. The hearing will include a presentation of the Investigator’s recommendation by the Title IX Investigator and an opportunity for the Reporting Party and Responding Party to present testimony and evidence.
Referral to Human Resources: In all investigations involving an employee Responding Party, the written notice of the Investigator’s recommendation will also be referred to appropriate supervisor, unit head, Vice Chancellor or other relevant administrator when a violation of the Sexual Misconduct Policy has been made by the Title IX Investigator. Further, in investigations involving an employee Responding Party, both 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 to the Title IX Coordinator 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. Note: Any appeals regarding disciplinary sanctions must be appealed through the Responding Party's relevant grievance procedure (ie: civil service, academic professional, faculty, etc.).

Student Conduct Process Overview

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 reporting party and the student responding party 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 recommended findings from the investigation. The student reporting party, student responding party, 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 responding party declines to present information on his/her own behalf, this will not be construed as an admission of responsibility. If the reporting party declines to participate in the student conduct hearing, this will not be construed as evidence that favors the responding party.
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 responding party and the reporting party 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.

Final Outcome Overview

Adoption of Finding from Student Conduct Process: Upon lapse or exhaustion of an appeal under the Student Conduct Process, the Title IX Coordinator will adopt the outcome and sanctions, if applicable, as determined by the Office of the Dean of Students.
Adoption of Finding from Investigations Involving Employees: Upon lapse or exhaustion of the appeal process through Office for Access and Equity, the Title IX Investigator’s finding will be made final.