UIC Student Sexual Misconduct Policy

Student Expectations and Rights

Student Expectations and Rights

Respect for Privacy

Information regarding sexual misconduct reports and investigations, including any outcomes, will be shared with University employees with a legitimate educational interest or with external individuals or entities only on a need-to-know basis and only as permitted under University policy and applicable law.
Refer to About Confidentiality for more information.

In accordance with the UIC Student Records Policy, the results of a student conduct hearing can be released on a case-by-case basis to university officials with a legitimate educational interest. The results will not include the names of the victim(s).
Refer to the UIC Student Records Policy for more information.

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Student Choice to File a Complaint

Reporting experiences of sexual misconduct to certain university officials such as faculty, advisors, Campus Housing staff, Dean of Students staff, and UIC police will initiate a Title IX investigation and possible student conduct process. Victims who are uncertain about filing a complaint or who are not certain about what processes they want to pursue can talk to confidential resources such as the Campus Advocacy Network for victim assistance and advocacy or the Counseling Center staff for support.

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Student Choice to Participate

While the University must investigate all cases of reported sexual misconduct, students will not be forced to talk with university officials such as the UIC police, the Title IX Coordinator or the Dean of Students staff. Students may choose to participate or decline to participate in any university process related to sexual misconduct. However, even if a student declines to participate, the University may continue to investigate the matter, initiate a formal proceeding/hearing, and issue findings based on available information.

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Protection from Retaliation

The University will take appropriate steps to ensure that a person who reports or participates in a sexual misconduct investigation or proceeding will not be subjected to retaliation by the student respondent or by others with knowledge of the report. Anyone who believes they are experiencing retaliation is strongly encouraged to report the concern. Reports of student misconduct should be reported to the Office of the Dean of Students. A report of retaliation will be reviewed as a separate offense under this policy. A person can be found responsible for retaliation even if not found to be responsible for the reported sexual misconduct.

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Pending Legal Proceedings

Students may initiate and participate in criminal and/or civil proceedings in connection with a sexual misconduct report alone or in conjunction with a Title IX investigation and/or the student conduct process. The University is committed to coordination between University processes and UIC Police/ local law enforcement, and may share information with those agencies, as appropriate.

The University will fulfill its legal and ethical obligation to take immediate and appropriate action to investigate possible sexual misconduct, even if there are other external processes or procedures pending in connection with that same sexual misconduct report. Similarly, if the University finds sexual misconduct has occurred, the University will take effective steps to end it, prevent its recurrence, and address its effects, regardless of what external proceedings may also be pending. A pending criminal investigation does not relieve the university from an obligation to investigate and take corrective action.

Standards for criminal investigations are different than the standards for a violation of this policy, and therefore the University will not base its decisions under this policy solely on law enforcement reports and/or actions. Accordingly, the University will not normally wait for the conclusion of a criminal investigation or other proceedings before implementing its review of reported sexual misconduct under this policy and taking appropriate action.

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Notification to Complainant

If a student complainant has chosen not to participate in the University’s review of the sexual misconduct report but desires to be notified of the outcome, the University will notify the student. If the student has expressed a desire, in writing, not to be notified of the outcome, the University will honor that decision. In such cases, the University will not send the notification itself to the student, but may proceed with any necessary follow-up and may need to provide notification of that follow-up if appropriate.

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Timeliness of Process

The University strives to complete sexual misconduct investigations, excluding the time for any hearings or appeal processes, within sixty (60) calendar days. There are, however, many factors that may affect the length of time needed to complete various portions of the resolution process fairly and equitably. Consequently, some matters will be resolved before the designated time frames and some may be resolved afterward.

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Amnesty Provision for Alchohol/Drug

The University recognizes that sometimes students are reluctant to seek help after experiencing sexual misconduct, or may be reluctant to help others who may have experienced sexual misconduct, because they fear being held responsible by the University or law enforcement for underage alcohol consumption or drug use. To encourage reporting, the university will not pursue disciplinary actions for alcohol/drug violations against a student making a good faith report of sexual misconduct. The university may utilize educational responses as appropriate through the Office of the Dean of Students.

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Student Victim Rights

Student Victims have the right:

1. To have any and all reports of sexual misconduct treated seriously and to be treated with respect and dignity by university officials.

2. To file a complaint about sexual misconduct with the University and/or receive assistance with notifying campus or other police departments.

3.To request an interim intervention which may include a change in academic and living situations after an alleged sex offense and to be informed in a timely manner of available academic, living, and administrative options.

4. To be informed in writing about campus and community resources for victim assistance and advocacy, counseling, and other resources and options for victims of sexual misconduct.

5. To receive information on the university’s responsibility to make a confidential report, required by the Clery Act, for the purposes of tracking campus crime.

6. To be informed of the criminal and campus processes to investigate reports of sexual misconduct (e.g. Title IX investigations, student conduct process) and informed about the options to participate in these processes.

7. To inspect documents and/or relevant information gathered as part of the investigation and the student conduct process (though medical/mental health information may be kept confidential). A request to inspect documentation or evidence should be directed to the investigator or student conduct official at any time during the process. Requests must be presented in writing at least two working days in advance.

8. To have the same rights as the student respondent to have witnesses and an advocate or advisor present during an investigation and student conduct proceedings and to have accommodations made that minimize face to face contact with the student respondent.

9.To be informed of the initial outcome, in writing, of an investigation and/or a student conduct proceeding involving sexual misconduct and the right to appeal the outcome and receive written notification of the final determination.

10. To be free from undue coercion or retaliation from any member of the university community resulting from a report of sexual misconduct.

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Student Respondent Rights

Student Respondents have the right:

1. To be treated with respect and dignity by university officials.

2. A fair, thorough, neutral, and impartial investigation of the incident.

3. To be informed about campus and community resources for counseling, support, and other student services.

4. To request interim academic or housing accommodations when such accommodations are related to problems associated with the allegation of sexual misconduct.

5. To be informed of the university investigation and student conduct processes and procedures.

6. To inspect documents and/or relevant information gathered as part of the investigation and the student conduct process (though medical/mental health information may be kept confidential). A request to inspect documentation or evidence should be directed to the investigator or student conduct official at any time during the process. Requests must be presented in writing at least one working day in advance.

7. To have an advisor or an advocate and witnesses present during investigative and student conduct proceedings.

8. To be informed of the initial outcome, in writing, of an investigation and/or a student conduct proceeding involving sexual misconduct and the right to appeal the outcome and receive written notification of the final determination.

9. To receive information on the university's responsibility to make a confidential report, required by the Clery Act, for the purposes of tracking campus crime.

10. To be free from undue coercion or retaliation from any member of the university community resulting from a report of alleged sexual misconduct.

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