UIC Student Sexual Misconduct Policy

Policy Definitions

Policy Definitions

Advisor/Support Person

An individual chosen by a complainant or respondent to provide support during the review of a report of possible sexual misconduct and any proceedings related to the report (i.e. meetings with university officials, student conduct hearings). An attorney may serve in the role of advisor.

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Advocate

An advocate is a person who has specialized training on sexual assault/sexual violence, domestic and dating violence and stalking. Advocates provide confidential, victim-centered assistance through their work at the university (e.g. legal advocates at the Campus Advocacy Network) or with a community organization (e.g. medical advocates at Rape Victim Advocates). The role of the advocate is to provide technical assistance and support through identifying and discussing all options available to victims and then helping them navigate those options. Options include the student conduct process, Title IX investigation, criminal and civil court processes, academic accommodations or other individualized options. Advocates can provide assistance in a single meeting or on an ongoing, longer-term basis.

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Annual Security and Fire Safety Report (ASFR)

Annual report distributed to the campus which contains safety information, policy statements, fire reports, and crime statistics for the campus as mandated by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”).

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Bystander Intervention

The bystander intervention model focuses on prevention by educating community members to understand and recognize situations that may lead to an incident of sexual assault, domestic violence, dating violence, and stalking and by teaching the bystander appropriate skills to intervene and interrupt these potentially harmful situations. The bystander role includes interrupting situations that could lead to interpersonal violence before it happens or intervening during an incident; speaking out against social norms that support sexual assault, domestic violence, dating violence, and stalking; and having skills to be an effective and supportive ally to survivors.

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Campus Security Authority (CSA)

A Campus Security Authority is a campus individual who: has responsibility for campus security; or is specified by the university as an individual to which students should report criminal offenses; or has significant responsibility for student and campus activities, including but not limited to, student housing, athletics, student conduct, and safety and security. CSA's are responsible for reporting incidents of crime, as described in the Clery Act, to the UIC Police.

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Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act is a federal law that requires colleges and universities to keep and disclose information about crime on and near their respective campuses and provide information about campus crime prevention programs and policies. The Clery Act was most recently amended by the Violence Against Women Reauthorization Act of 2013.

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Complainant

An individual who files a complaint with the university regarding an experience of sexual misconduct or an occurrence of sexual misconduct.

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Confidential Advisor

An individual to whom victims of sexual misconduct can report anonymously or directly except where specifically required by law. Confidential advisors are not obligated to report crimes to the University or law enforcement.

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Consent

Consent means clear and unambiguous agreement by a competent person that is freely given and expressed in mutually understandable words or actions, to engage in a particular sexual activity with a specific person or persons.

  • Consent must be voluntarily given and cannot be the result of force, threats, intimidation and/or coercion (e.g. emotional or psychological pressure);
  • A person’s lack of verbal or physical resistance or submission resulting from the use of threat of force does not constitute consent;
  • Neither the manner of dress nor consent to past sexual activity constitute consent;
  • Consent to past sexual activity does not constitute consent to future sexual activity;
  • The absence of a response does not communicate consent;
  • A person’s consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another;
  • Consent can be withdrawn by either party at any time;
  • A person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances, including without limitation the following:
    • The person is incapacitated due to the use or influence of alcohol or drugs;
    • The person is asleep or unconscious;
    • The person is under the age of consent;
    • The person is incapacitated due to mental or physical disability.

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Dating Violence

Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; where the existence of such a relationship is determined based on a consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.

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Domestic Violence

Domestic violence consists of abusive behaviors that are committed by someone with a qualifying relationship with the victim. Abusive behaviors include: emotional/psychological, physical and/or sexual abuse, harassment, threats, intimidation, forcing someone to participate in illegal activities such as selling drugs or stealing, or depriving someone of necessities such as food or medicine. The qualifying relationship includes a past or present spouse or intimate partner, a person with whom the victim shares a child in common; a person living in the same apartment, house or residence hall room or by a caregiver regardless of gender identification or sexual orientation of the abuser or the victim.

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FERPA

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA generally prohibits the nonconsensual disclosure of personally identifiable information from a student’s education record.

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Incapacitation

Lacking the physical and/or mental ability to make informed, rational judgments. This may have a variety of causes, including, but not limited to, being asleep or unconscious, having consumed or otherwise being under the influence of alcohol or taken drugs, or experiencing blackouts or flashbacks.

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Investigator

An appropriately trained staff member who reviews and investigates reports of sexual misconduct under this policy.

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Responsible Employee

A responsible employee includes any employee (1) who has the authority to take action to address complaints of sexual violence; (2) who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX coordinator or other appropriate university officials; (3) or whom a student could reasonably believe has this authority or duty.

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Reporter

An individual who reports to the University a concern of possible sexual misconduct. A Reporter does not have to be a Complainant.

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Retaliation

Intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s informal or formal complaint or participation in an investigation or proceedings related to sexual misconduct.

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Sexual Assault

Any form of non-consensual sexual activity. Sexual assault includes all unwanted sexual acts that range from fondling to attempted rape or rape. Rape is defined as 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 victim. Sexual assault also includes sex with minors (e.g. statutory rape or incest), sex between a minor (i.e. age 17 or younger) and a person who is 18 years or older and holds a position of authority over the complainant, and sex with a person who is unable to understand the nature of the act or is unable to give consent.

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Sexual Harassment

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature when it meets any of the following:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education, living environment, employment, or participation in a University-related activity or program.

b. Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting an individual’s education, living environment, employment, or participation in a University-related activity or program.

c. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive environment for working, learning, or living on campus.

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Sexual Misconduct

Refer to Sexual Misconduct Definitions and Examples of Sexual Misconduct.

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Stalking

Stalking is 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 to suffer substantial emotional distress. Stalking may be comprised of legal and illegal behaviors that occur over time and are harassing in nature because of their content, frequency, and unwelcome nature. Stalking may be an outgrowth of domestic violence, an attempt to pursue a relationship, or arise out of a conflict or dispute.

Stalking behaviors may include but are not limited to, acts in which the stalker directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property.

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Student Respondent

A UIC student who was reported to have engaged in sexual misconduct.

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Student Victim/Survivor

A student who experiences an incident of sexual misconduct. The terms “victim” and “survivor” are both used to describe individuals who have experienced sexual violence. (For purposes of this policy, the term student victim will be used).

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Title IX

Title IX of the Education Amendments of 1972 (Title IX) (20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106) (as amended) is a federal law that prohibits sex-based discrimination, including sexual harassment and sexual assault, in education programs that receive federal financial assistance.

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Title IX Coordinator

The University official charged with ensuring the University's overall compliance with Title IX and related University policy. The Title IX Coordinator is the primary investigator of sexual misconduct complaints. The coordinator’s responsibilities include overseeing all Title IX complaints and identifying and addressing any patterns or systemic problems that arise during the review of such complaints.

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Violence Against Women Act

The Violence Against Women Reauthorization Act of 2013 (VAWA) imposes new regulations on colleges and universities related to sexual misconduct including the expansion of Clery crime categories and policy, education, and training requirements.

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