UIC Student Sexual Misconduct Policy

Student Conduct Process

Students assume an obligation to conduct themselves in a manner compatible with the University’s function as an educational institution and suitable as members of the university community. The UIC Standards of Conduct, described in the Student Disciplinary policy, outline the types of unacceptable behavior that may result in disciplinary action, including sexual misconduct. Students should refer to the Student Disciplinary Policy for complete information about the student conduct process on the Office of the Dean of Students website.

Student Conduct Process

Student Conduct Complaint

Any member of the university community can file a complaint regarding student misconduct with the Office of the Dean of Students. Students have the right to file a complaint related to sexual misconduct in conjunction with or after the completion of a university Title IX investigation. The findings of the investigation will not prohibit a student from filing a student conduct complaint. The findings will be presented during the student conduct proceeding.

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Student Rights

The student victim and the respondent have similar rights throughout the student conduct process. Refer to Student Expectations and Rights for victims and respondents.

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Multiple Student Respondents

In reviews of incidents involving more than one student respondent, the student conduct administrator in the Office of the Dean of Students will determine whether the reviews for each student are conducted separately.

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Sexual Misconduct Hearings

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. The victim and the respondent are informed about the hearing procedures and the opportunity to present witnesses and other relevant information and to have an advocate or advisor participate in the hearing.

If the victim reported the sexual misconduct to the UIC Police and a report was generated that indicates a possible violation of the UIC Student Standards of Conduct occurred, the victim can choose to be a co-complainant with the UIC Police or serve as a witness during the student conduct hearing. Accommodations can be arranged for victim participation in the hearing such as allowing the victim to participate in the hearing via teleconference.

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.

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Testimony and Evidence

In cases concerning accusations of sexual misconduct, past sexual history of any involved party will not be admitted in evidence or testimony unless directly relevant to the matter under consideration. 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.

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Standard of Proof

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.

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Sanctions

The sanctioning process for sexual misconduct is designed to eliminate the misconduct, prevent its recurrence, and remedy its effects, while supporting the University’s educational mission and Title IX obligations. Sanctions may also serve to promote safety or deter students from similar future behavior. Sanctions will take into consideration the gravity of the student’s actions and the student’s entire conduct records at the university and will be designed to (1) hold students accountable for their actions and the resulting or potential consequences of such actions, and (2) protect the safety of the university community.

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.

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Notification of Hearing 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. Notices will be sent to the students via email to the students’ official university email address, U.S.P.S. mail to the students’ address located in the official records held by the Office of Admissions and Records, or hand delivered to each student.

The respondent will be informed about whether the university found the respondent responsible for the alleged misconduct, any sanctions imposed, and information regarding the appeal process. The respondent will not be notified of the remedies offered or provided to the victim.

The victim will be informed as to whether or not the university found the respondent responsible for the alleged misconduct, any sanctions imposed on the respondent, and other steps the university has taken to end the sexual misconduct, eliminate the hostile environment, prevent its recurrence and, as appropriate, remedy its effects. The written notice will also provide information on the appeal process.

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Appeals

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.

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Status of Student Respondents

In most cases, the status of a student respondent will not be altered and disciplinary sanctions will not be initiated until completion of the investigation, the student conduct hearing, or an appeal. Interim interventions may be initiated whenever there is evidence that a student or student organization may pose an ongoing threat (1) to the safety or well-being of one or more members of the university community, (2) to property within the university community, (3) or that disrupts or interferes with normal university life or functions. Refer to Interim Interventions for more information.

Administrative holds affecting registration transactions, posting of degrees, and students’ ability to acquire copies of their transcripts may be placed when students fail to fulfill terms of their disciplinary obligations. Such situations may include failure to respond to a written notice indicating a required meeting with a designated student conduct official and failure to complete disciplinary sanctions by an established deadline. This restriction normally will remain in effect until disciplinary obligations are met or adjudication of the matter is complete.

When the outcome of a student conduct action is suspension from the university, the student will not be allowed to register for classes during the period of the suspension. The restriction will not be removed, and the student will not be allowed to register until the stated period of suspension has expired and all disciplinary obligations are met.

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