Human Resources

Lake Land College Board Policy 11.04 – Discrimination and Harassment reflects the College’s commitment to maintaining an environment that is free from discrimination and harassment. The College expects that the use of these procedures will facilitate a prompt resolution of such complaints.

Reports of complaints of alleged sex discrimination, which includes discrimination and harassment on the basis of sex, including on the basis of sexual orientation, gender identity, gender-related identity and expression, sex stereotypes, sex characteristics, pregnancy or related conditions, parental status, sex-based harassment, sexual violence, domestic violence, dating violence, stalking, and other sex-based misconduct shall be addressed in accordance with Board Policy 11.04.01 – Prohibiting Sex Discrimination and its implementing Procedures. All other reports of alleged discrimination and harassment that are not sex or gender-based shall be addressed according to the following procedures.

Procedures for Resolution of Claims of Discrimination and Harassment

A student who believes that they have been harassed or discriminated against in violation of Board Policy 11.04, must report such behavior to the Director of Human Resources or the Vice President for Student Services.

An employee who believes that they have been harassed or discriminated against in violation of Board Policy 11.04 should report the unwelcome behavior to their supervisor or the Director of Human Resources and request assistance to stop the behavior. If the Director of Human Resources is the individual involved in the unwelcome behavior, the employee should report the behavior to the appropriate Vice President.

Informal Complaint Resolution

Informal  harassment complaint resolution may be achieved by any of the steps outlined below.

1. An employee complainant may meet with their supervisor or the Director of Human Resources to clarify whether harassing behavior is occurring and to discuss appropriate responses and plans as to how the issue might be resolved. A student complainant may meet with the Director of Human Resources or the Vice President for Student Services.

2. An employee complainant may request that their supervisor or the Director of Human Resources meet with the alleged harasser (“respondent”) to discuss the alleged conduct and to remind them of College policies against harassment and to obtain agreement by the respondent to comply with these policies. A complainant may request that, when possible, such a conversation be held without the identity of the complainant being revealed to the respondent. A student complainant request will be handled in a similar manner by the Director of Human Resources or the Vice President for Student Services.

3. An employee complainant may request that their supervisor or the Director of Human Resources meet with the complainant and the respondent in the role of a mediator to reach resolution of the issue. A student complainant may make a similar request of the Director of Human Resources or the Vice President for Student Services. Any resolution reached by mediation will include an agreement by the respondent to comply with and be bound by such policies.

After the informal complaint resolution has concluded, the complainant’s supervisor or harassment information center personnel, if involved, will forward all documentation concerning the complaint to the Director of Human Resources. The Director of Human Resources will maintain a record of the complaint in order to document that the claim of harassment was made and to document the outcome of the informal resolution.

Initiating a Formal Complaint

An individual may file a formal complaint of harassment if the informal attempt(s) to resolve the complaint was not satisfactory. An individual may also file a formal complaint of harassment if they choose to bypass the informal process. All formal complaints of harassment should be submitted in writing directly to the Director of Human Resources as soon after the offending conduct as possible.

The process for resolution of formal harassment complaints consists of two stages:  1) investigation; and 2) report and recommendation. Prior to investigation, a formal complaint, signed by the complainant, must be submitted in writing to the Director of Human Resources. The written complaint shall include the name(s) of the complainant and the respondent(s) and the details of the conduct alleged to be harassment. The Director of Human Resources will promptly designate a team to investigate the complaint.

Creation of Investigative Team

The Director of Human Resources or designee will convene an investigative team consisting of two individuals who are not immediate supervisors of the complainant(s) or respondent(s) and who do not have a conflict of interest with the complainant(s) or respondent(s). The investigative team may consist of the Director of Human Resources as long as the above criteria are met.

The investigative team shall interview the individual(s) filing a complaint(s), the respondent(s), and other individuals named by the complainant(s) and the respondent(s) who are identified as having information relevant to the allegations. The investigative team may interview other individuals it identifies as having information potentially relevant to the complaint.  All interviews should be completed as soon as practicable.

Report and Recommendations

Using the information gathered by the investigative team and in consultation with the investigative team, the Director of Human Resources or designee will prepare a formal report consisting of the complaint, the response of the respondent, the investigative team’s findings, and a recommendation of  the appropriate action(s) to be taken. The report will be retained by the Director of Human Resources.

Determinations

The President will designate the appropriate cabinet-level member to review the report. The cabinet-level designee may:  1) accept the report and recommendations as presented; or 2) request additional information/clarification from the investigative team and consider a modified report as appropriate.

After consideration of the final report, the cabinet-level designee will make a determination regarding the report. In consultation with the cabinet-level designee, the Director of Human Resources or designee will prepare formal responses to the complainant and respondent, which shall include a summary of the investigation findings and communication of any action to be taken.  Such action will depend on the nature of the offense and may include but is not limited to oral or written reprimand, suspension, reassignment, or termination. For students, action would include regular college disciplinary procedures as found in Board Policy 07.28.01 Student Code of Conduct and Disciplinary Procedures.

The complainant(s) and/or the respondent(s) may submit a written statement to the President concerning the findings and resulting actions within ten (10) business days of having received the College’s formal response. The President may uphold the prior findings and recommendation or may determine a different response.

CARING

• I treat others as equals.
• I hear and recognize the ideas/beliefs of others.
• I recognize a job well-done.
• I respect my own and others’ work-life balance.
• I bring a positive attitude to each situation.

COMMUNICATION

• I follow through by returning phone calls and acknowledging correspondence with others, in a timely manner.
• I listen to feedback to help me grow.
• I speak directly with those involved.
• I use the open door policy.
• I withhold judgment until the entire idea is expressed.
• I share all appropriate information that can be shared.

• I work for the good of the group.
• I hold myself and others accountable
• I celebrate individual and team success.
• I identify, utilize, and challenge strengths in myself and others.
• I regularly support team members.

• I evaluate current processes and constantly look for new and better ways to improve.
• I solve problems with old and new ideas.
• I openly voice new ideas.
• I integrate my experiences into my daily work. I constantly improve!
• I share with others what I have learned from my past experiences.

• I support and encourage personal and professional growth.
• I practice high ethical standards.
• I exhibit passion and enthusiasm in my daily tasks.
• I accept no less than the highest levels of integrity in myself and others.
• I go above and beyond.

Lake Land College is committed to maintaining a safe and healthy educational and employment environment that is free from sex discrimination, which includes discrimination and harassment based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity or expression, as well as sexual violence, domestic violence, dating violence and stalking.

As part of this commitment, the College does not adopt or implement any policy, procedure, or practice, or take any action regarding a student, employee, or applicant for employment, that discriminates against such individuals on the basis of their current, potential, or past pregenancy or related conditions, or that treats such individuals differently on the basis of sex with regard to their current, potential, or past parental, family, or marital status, or their status as head of household or principal wage earner of their family unit.

The College Administration has adopted these Procedures to implement the College’s Board Policies 11.04 Discrimination and Harassment and11.04.01 Prohibiting Sex Discrimination, ensure a safe and healthy educational and employment environment, and meet legal requirements in accordance with: Title IX of the Education Amendments of 1972 (“Title IX”), relevant sections of the Violence Against Women Reauthorization Act (“VAWA”); Title VII of the Civil Rights Act of 1964 (“Title VII”), relevant sections of the Illinois Human Rights Act, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”), the Preventing Sexual Violence in Higher Education Act, and other applicable law and local ordinances.

The College has an affirmative duty to respond promptly and effectively once it has knowledge of conduct that may reasonably constitute sex discrimination in its education program or activity. The College will promptly and equitably resolve complaints of sex discrimination in accordance with the procedures set forth below.

The College’s Board Policy 11.04 Prohibiting Sex Discrimination and these implementing Procedures apply to everyone in the College’s education programs and activities, including students, faculty and staff, applicants for admission or employment, and third parties, whenever the alleged sex discrimination occurs:

On college property or any property owned or controlled by a College recognized student organization;

Off college property if:

1) The conduct was in connection with a College or College-recognized program or activity; or

2) The conduct may have the effect of creating a hostile environment for a member of the College community; or

3) Otherwise within the College’s disciplinary authority for students or employees.

These Procedures govern sex discrimination in various forms, many of which may trigger legal obligations under one or more state and federal laws. In no case does the inapplicability of a particular legal framework prevent the College from addressing an act of misconduct that falls within the scope of these Procedures or other applicable College policies and procedures.

A. Title IX Coordinator

The College has designated the Title IX Coordinator duties as follows:

Responsibilities of the Title IX Coordinator include, but are not limited to:

• Coordinating the College’s efforts to comply with its responsibilities under Title IX and 34 C.F.R. Part 106, and other applicable laws and regulations, to provide an educational and employment environment that is free from sex discrimination.
• Ensuring that students, employees, applicants for admission and employment, and unions and professional organizations holding collective bargaining or professional agreements with the College are appropriately notified of the College’s prohibition on sex discrimination.
• Overseeing the College’s response to all sex discrimination reports and complaints and identifying and addressing any patterns or systemic problems revealed by such reports or complaints.
• Ensuring the prompt and thorough investigation of all sex discrimination complaints.
• Offering and coordinating appropriate supportive measures and ensuring the effective implementation of any remedies.
• Ensuring that appropriate protocols are in place for working with law enforcement and coordinating services with local victim advocacy organizations and services providers, including rape crisis centers.
• Ensuring that adequate training is provided to students, faculty and staff on Title IX and related issues.
• Monitoring students’ participation in academic programs and extracurricular activities, including athletics, to identify and proactively address issues related to possible sex discrimination.
• Collaborating with appropriate College officials to assess the campus climate regarding Title IX through surveys and other instruments and to analyze the data collected through such surveys and instruments.
• Maintaining appropriate records of sex discrimination reports and complaints.

Questions regarding these Procedures or the College’s compliance with Title IX and related laws should be directed to the Title IX Coordinator. References in these Procedures to the Title IX Coordinator include any individual designee that the Title IX Coordinator may delegate to perform specific duties.

B. Human Resources

Human Resources will coordinate with the Title IX Coordinator with respect to any complaints of sex discrimination that involve a College employee as the complainant or as the respondent.

For complaints of sex discrimination that involve a College employee as the respondent, investigatory and disciplinary procedures required by any applicable collective bargaining agreement will apply in addition to these Procedures.

C. Student Services

Heather Nohren, Chair of Counseling and Student Conduct
Luther Student Center, Office #429
217-234-5256
hnohren@lakelandcollege.edu

The Chair of Counseling and Student Conduct implements student disciplinary procedures that may be required either in addition to, or in lieu of, these Procedures, in accordance with Board Policy 07.28.01.

D. External Agencies

Inquiries concerning the application of Title IX may be referred to the Assistant Secretary for Civil Rights at the United States Department of Education:

Office for Civil Rights, Chicago Office
U.S. Department of Education
John C. Kluczynski Federal Building
230 S. Dearborn Street, 37th Floor
Chicago, IL 60604
(312) 730-1560
OCR.Chicago@ed.gov

Additionally, the Illinois Department of Human Rights has established a helpline for individuals to obtain information about their reporting options and referrals to other resources. The helpline is available Monday through Friday, from 8:30 a.m. to 5:00 p.m., at (877)236-7703.

A. Emergency Services

Anyone who experiences or observes an emergency situation should immediately call 911 to reach the Lake Land College Police Department of other local police department.

B. Crisis Response Services (24 Hour Service)

The following resources can provide an immediate confidential* response in a crisis situation, as well as ongoing assistance and support.

Prevail Illinois – Emergency assistance, advocacy, and counseling for victims of sexual violence
825 18th Street, Suite 409, Charleston, Illinois 61920
24-hour Crisis Line: 1-888-345-2846
Office Phone: 217-348-5033
Email: advocate@prevail.org

HOPE of East Central Illinois – Emergency assistance, shelter, transitional housing, legal advocay, counseling, referrals, and children’s services for victims of domestic violence
1927 18th Street, Charleston, Illinois 61920
24-hour Crisis Line: 1-888-345-3990
Office Phone: 217-348-5931
Email: info@hope-eci.org

*Indicates Confidential Advisors, as defined in Appendix A.

Note: While the above-listed advocates and counselors may maintain a reporting person’s confidentiality vis-a-vis the College, they may have reporting or other obligations under State law.

In addition to the off-campus advocacy and support resources previously listed, employees may contact:

Employee Assistance Program – Sarah Bush Lincoln Health Center
Prairie Pavilion 11005 Health Center Drive, Suite 102, Mattoon, IL 61938
Office Phone: 217-258-4040 or 217-348-4040
After hours, weekends and holidays: 800-500-HELP

Resources for Living – Aetna
Phone: 1-888-238-6232, TTY711
Online: resourcesforliving.com

C. Medical Services

Individuals may seek treatment for injuries, preventative treatment for sexually transmitted disease, and other health services at their local hospital. Seeking medical treatment also serves to preserve physical evidence of sexual violence.

The hospital nearest to the Lake Land College campus is
Sarah Bush Lincoln Health Center*
1000 Health Center Drive, Mattoon, Illinois
Phone: 217-258-2525
*Provides medical forensic services (rape kits) and/or Sexual Assault Nurse Examiners at no cost pursuant to the Illinois Sexual Assault Survivors Emergency Treatment Act (410 ILCS 70).

Advocate Support: Anyone assaulted who would like an advocate present with them at the hospital may call the Prevail Illinois Toll-Free, 24-Hour Crisis Line at 1-888-345-2846.

Off-campus health care providers will generally maintain confidentiality and not share information with the College unless the reporting person requests the disclosure and signs a consent or waiver form. Note, however, that while these health care providers may maintain a reporting person’s confidentiality vis-a-vis the College, they may have other reporting obligations under State law.

D. On-Campus Advocacy and Support*

*Indicates Confidential Advisors, as defined in Appendix A.

Note: While the above-listed advocates and counselors may maintain a reporting person’s confidentiality vis-a-vis the College, they may have reporting or other obligations under State law.

The College encourages individuals who have experienced sex discrimination to talk with someone about what happened so that they can get the support they need and so that the College can respond appropriately.

A. Reporting Options and Notification Requirements

Different employees on campus have different notification obligations when they receive information about conduct that may reasonably constitute sex discrimination. The following sections detail the various reporting options for students, employees and other individuals, along with the applicable notification requirements for each option.

1.  Reporting to the Title IX Coordinator
Individuals are encouraged to report alleged incidents of sex discrimination to the Title IX Coordinator directly. The College’s Title IX Coordinator duties are designated as follows:

2.  Reporting to Responsible Employees
Some College employees (referred to as “Responsible Employees” are required to notify the Title IX Coordinator when they have information about conduct that may reasonably constitute sex discrimination. This notification must include all relevant details about an alleged incident of sex discrimination, including the date, time and specific location of the alleged incident(s), and the names of all involved individuals. To the extent possible, information shared with a Responsible Employee will be disclosed only to the Title IX Coordinator and/or those individuals responsible for handling the College’s response to the report.

The following categories of employees are the College’s Responsible Employees:

• College Administrators
• Supervisors and Managerial Staff, except Student Wellness Center Manager
• Faculty, except for those faculty who serve as Counselors in the Counseling Services office
• College Police
• Coaches
• Advisors of student clubs/organizations

3.  Confidential Reporting

Individuals who wish to confidentially report an incident of sex discrimination may make a confidential* report to the following on-campus Confidential Employees or off-campus confidential resources:

On-Campus Confidential Employees*:

A Confidential Employee is required to explain the following to any person who informs the Confidential Employee of conduct that may reasonably constitute sex discrimination:

• The employee’s status as confidential, including the circumstances in which the employee is not required to notify the Title IX Coordinator about conduct that reasonably may constitute sex discrimination;
• How to contact the Title IX Coordinator and how to make a complaint of sex discrimination; and
• That the Title IX Coordinator may be able to offer and coordinate supportive measures, as well as initiate an informal resolution process or an investigation under the grievance procedures.

Off-Campus Confidential Resources*:

Prevail Illinois – Emergency assistance, advocacy, and counseling for victims of sexual violence
825 18th Street, Suite 409, Charleston, Illinois 61920
24-hour Crisis Line: 1-888-345-2846
Office Phone: 217-348-5033
Email: advocate@prevail.org

HOPE of East Central Illinois – Emergency assistance, shelter, transitional housing, legal advocay, counseling, referrals, and children’s services for victims of domestic violence
1927 18th Street, Charleston, Illinois 61920
24-hour Crisis Line: 1-888-345-3990
Office Phone: 217-348-5931
Email: info@hope-eci.org

*Indicates Confidential Advisors, as defined in Appendix A.

The confidential resources listed in this section are not required to report any information about an alleged incident to the Title IX Coordinator without the reporting party’s permission.

Note: While the resources listed above may maintain a student’s confidentiality vis-a-vis the College, they may have reporting or other obligations under State law. Any College employee who suspects or receives knowledge that a minor student may be an abused or neglected child or, for a student aged 18 through 21, an abused or neglected individual with a disability, is required to: 1) immediately report or cause a report to be made to the Illinois Department of Children and Family Services (DCFS) on its Child Abuse Hotline and 2) follow directions given by DCFS concerning filing a written report within 48 hours with the nearest DCFS field office.

Also note: If the College determines that a person alleged to be the perpetrator of sex discrimination poses a serious and immediate threat to the College community, the College may be required to issue a timely warning to the College community. Any such warning will not include any information that identifies the person alleged to be the victim.

4. Reporting to Other College Employees

While only designated Responsible Employees are required to notify the Title IX Coordinator when the Responsible Employee has information about conduct that may reasonably constitute sex discrimination, all members of the College community (including students) are encouraged to notify the Title IX Coordinator when they have information about such incidents.

An employee who is not a Responsible Employee or Confidential Employee and who receives information about conduct that may reasonably constitute sex discrimination is required to either:

• Notify the Title IX Coordinator; or
• Provide the reporting party with the contact information of the Title IX Coordinator and information about how to make a complaint under these Procedures.

5. Electronic Reporting and Anonymous Reports

The College maintains an online system for electronic reporting which can be found at the following link: lakelandcollege.edu/reporting-sexual-assault/.  The reporting party may choose to provide their identity or may choose to report anonymously. The system will notify the reporting party, before they enter information, that entering personally identifying information may serve as notice to the College for the purpose of triggering an investigation. Where a reporting party chooses to provide their identity and contact information through the online system, the College will respond to the reporting party within 12 hours with a copy of the notification of reights and options described in Section VI below.

B. Student Participation in Public Awareness Events

Public awareness events such as “Take Back the Night”, the Clothesline Project, candlelight vigils, protests, “survivor speak outs” or other forums in which students disclose incidents are not considered notice to the College of sex discrimination for purposes of triggering an obligation to investigate any particular incident(s). Such events may, however, inform the need for campus-wide education and prevention efforts, and the College will provide information about students’ rights at these events.

C. Immunity for Good Faith Reporting

Students who in good faith report an alleged violation of the College’s Policy Prohibiting Sex Discrimination will be granted immunity and will not receive a disciplinary sanction for a student conduct violation (such as underage drinking) revealed during the course of reporting. Immunity will not be provided for student conduct violations which the College determines are egregious, including without limitation misconduct which places the health and safety of another person at risk.

D. Knowingly False Reporting and Statements

A person who knowingly makes a false report of sex discrimination may be subject to disciplinary action, up to and including suspension, expulsion, or termination. The College will not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination of whether sex discrimination occurred. The College is still permitted to address false reports and statements by initiating a disciplinary process under its Student Code of Conduct or employee policies as long as there is evidence independent of the determination whether sex discrimination occurred.

Upon being notified of alleged conduct that the notifying party believes reasonably may constitute sex discrimination, the Title IX Coordinator will analyze the allegation(s) to determine the appropriate method for processing the allegation(s).  Where the Title IX Coordinator reasonably determines that the conduct as alleged could constitute sex discrimination, the Title IX Coordinator or designee will take appropriate action to promptly and effectively end any sex discrimination in the College’s education program or activity, prevent its recurrence, and remedy its effects.  Such action will include, but not be limited to, the following:

• Treat the complainant and respondent equitably.
• Offer and coordinate supportive measures, as appropriate, for the complainant (see Section VI.A below).
• If the College has initiated the grievance procedures (see Section VII) or offered an informal resolution process to the respondent (see Section VIII), offer and coordinate supportive measures, as appropriate, for the respondent.
• Notify the complainant or, if the complainant is unknown, the individual who reported the alleged conduct, of the grievance procedures and the informal resolution process, if available and appropriate, and concise written information about the complainant’s rights and options pursuant to these Procedures.
• In response to a complaint, initiate the grievance procedures, or the informal resolution process if available and appropriate and requested by both parties.
• In the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and in the absence or termination of an informal resolution process, determine whether to initiate a complaint under the grievance procedures, considering the factors outlined in Section VII.A.2.
• If electing to initiate a complaint, notify the complainant prior to doing so and appropriately address reasonable concerns about the complainant’s safety or the safety of others, including by providing supportive measures.

A. Supportive Measures

Supportive measures (also referred to as “interim protective measures”) are individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent, to: (1) restore or preserve a party’s access to the College’s education program or activity, including measures that are designed to protect the safety of the parties or the College’s educational environment; and (2) provide support during the College’s grievance procedures or during an informal resolution process.

Examples of supportive measures that the College may offer include, but are not limited to:

• Counseling and mental health support;
• Extensions of deadlines or other course-related adjustments;
• Leaves of absence;
• Changes to academic, extracurricular, living, dining, transportation and/or working schedules or situations;
• Campus escort services;
• Increased security or monitoring of certain areas of campus;
• Issuance and enforcement of campus no contact orders;
• Enforcement of an order of protection or no contact order entered by a State civil or criminal court; and/or
• Training and education programs related to sex discrimination.

1. Coordination of Supportive Measures

The Title IX Coordinator is responsible for the offering and coordination of supportive measures, as appropriate, for the complainant and/or respondent.  While the particular supportive measures offered will vary depending on what the College deems reasonably available, any supportive measures offered will be designed to protect the safety of the parties or the College’s educational environment, or to provide support during the grievance procedures or during the informal resolution process.  Supportive measures will not unreasonably burden either party and will not be imposed for punitive or disciplinary reasons.

If the complainant or respondent is a student with a disability, the Title IX Coordinator may consult, as appropriate, with the Counselor for Student Accommodations and Mental Health Initiatives to determine how to comply with Section 504 of the Rehabilitation Act of 1973.

At the conclusion of the grievance procedures or at the conclusion of the informal resolution process, the Title IX Coordinator will determine whether to modify or terminate, as appropriate, any supportive measures previously implemented, or whether to continue such measures beyond that point.

The Title IX Coordinator will ensure that information about supportive measures are not disclosed to persons other than the person to whom they apply, including informing one party of supportive measures provided to another party, unless necessary to provide the supportive measure or restore or preserve a party’s access to the College’s education program or activity, or as otherwise permitted by law, in conjunction with any response required by these Procedures.

2. Modification or Reversal of Supportive Measures

The Title IX Coordinator will provide the parties with a timely opportunity to seek, from an appropriate and impartial employee, modification or reversal of the decision to provide, deny, modify, or terminate supportive measures applicable to them. A party wishing to seek modification or reversal of a supportive measure decision must submit a written request to the Title IX Coordinator, which the Title IX Coordinator will forward to the designated impartial employee.

Upon the impartial employee’s receipt of the written request, the impartial employee will review the request and other relevant information to determine:

• Whether the decision to provide, deny, modify, or terminate the supportive measure was inconsistent with the definition of supportive measures (see Appendix A); and
• If so, whether modification or reversal of the supportive measures decision is appropriate.

Upon conclusion of the review, the impartial employee will notify the requesting party and the Title IX Coordinator of the outcome of the review.  As appropriate, the impartial employee will notify the other party of any modifications to a supportive measure applicable to that party that results from the review.

B. Emergency Removals and/or Administrative Leave

Prior to initiating or completing the grievance procedure(s) or the informal resolution process, or in the absence of a complaint, the College may remove a respondent from the College’s education program or activity on an emergency basis, where the College determines, based on an individualized safety and risk analysis, that an imminent and serious threat to the health or safety of a complainant or any students. employees, or other persons arising from the allegations of sex discrimination justifies removal.  In such a case, the College will provide the respondent with notice and an opportunity to challenge the decision immediately following the removal.

Nothing in these Procedures limits the College’s ability to place an employee on administrative leave in response to allegations of misconduct.

C. Clery Act Obligations

In accordance with the Clery Act, the College will issue timely warnings to the campus community about crimes that have already occurred but that may continue to pose a serious or ongoing threat to students and employees.  The Clery Act also requires the College to maintain a public crime log and publish an Annual Security Report (“ASR”) available to all current students and employees.  The ASR documents three calendar years of select campus crime statistics (including statistics regarding incidents of dating violence, domestic violence, and stalking), security policies and procedures, and information on the basic rights guaranteed to victims of sexual assault.

This Section provides the College’s grievance procedures for investigating and adjudicating complaints of alleged sex discrimination.  The procedures in Section VII.A apply to all complaints of alleged sex discrimination, except as provided in Section VII.B.  The supplemental/alternative procedures in Section II.B apply only to complaints of alleged sex-based harassment involving a student party (complainant or respondent), in addition to (or in lieu of, where noted) the procedures outlined in Section VII.A.

A. Procedures for All Sex Discrimination Complaints

1. General Guidelines

The College’s grievance procedures adhere to the following general guidelines:

• The College will treat complainants and respondents equitably.
• The College will ensure that any person designated as a Title IX Coordinator, Investigator, or Decisionmaker has been trained to serve in their designated role consistent with applicable legal requirements.
• The College will require that any person designated as a Title IX Coordinator, Investigator, or Decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
• The respondent will be presumed not responsible for the alleged sex discrimination until a determination is made at the conclusion of the grievance procedures.
• The College will not impose discipline on a respondent for sex discrimination unless there is a determination at the conclusion of these grievance procedures that the respondent engaged in prohibited sex discrimination.
• The College will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedure. These steps will not restrict the ability of the parties to: obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties are expressly prohibited from engaging in any form of retaliation, including against witnesses.
• The College will objectively evaluate all evidence that is relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence.
• Impermissible evidence will not be accessed, considered, disclosed, or otherwise used, except by the College to determine whether one of the exceptions to impermissibility outlined below applies. The following types of evidence, and questions seeking that evidence, are considered impermissible:
  • Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality.
  • A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the College obtains that party’s or witness’s voluntary, written consent for use of such records in the College’s grievance procedures.
  • Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is:
  • Offered to prove that someone other than the respondent committed the alleged conduct; or
  • Evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment.
    • Note: The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.
  • Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.
  • The grievance procedures will be implemented in a prompt and equitable manner. Timeframes for the major stages of the grievance procedures are outlined in Sections VII.A and VII.B.  The College may reasonably extend timeframes and deadlines on a case-by-case basis for good cause with a written notice to the parties that includes the reason for the delay. A party wishing to request an extension of a deadline must notify the College in writing of their request, including the reason for the request, at least one (1) business day in advance of the deadline.  Both parties will be notified in writing of the College’s determination and any amended timeframe and/or deadline that applies as a result of the determination.
  • Where an appeal is filed, the College will implement appeal procedures equally for both parties and will ensure that the Appellate Decisionmaker did not take part in the underlying investigation or determination regarding responsibility or dismissal of the complaint.

2. Complaint Initiation

The following individuals have a right to make a complaint under these grievance procedures:

• A complainant, as defined in Appendix A;
• A parent, guardian or other authorized legal representative, with the legal right to act on behalf of a complainant;
• The College’s Title IX Coordinator, after making the determination specified in this Section VII.A.2; and
• For complaints of sex discrimination other than sex-based harassment, in addition to the individuals listed under items (a) through (c) above:
  • (i) Any student or employee; or
  • (ii) Any person other than a student or employee who was participating in or attempting to participate in the College’s education program or activity at the time of the alleged sex discrimination.

In the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and in the absence or termination of an informal resolution process, the Title IX Coordinator will determine whether to initiate a complaint, considering, at a minimum, the following factors:

• The complainant’s request not to proceed with initiation of a complaint;
• The complainant’s reasonable safety concerns regarding initiation of a complaint;
• The risk that additional acts of sex discrimination would occur if a complaint is not initiated;
• The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
• The age and relationship of the parties, including whether the respondent is an employee of the College;
• The scope of the alleged discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals;
• The availability of evidence to assist a Decisionmaker in determining whether sex discrimination occurred; and
• Whether the College could end the alleged discrimination and prevent its recurrence without initiating the grievance process.

3. Complaint Evaluation

When a complaint is filed, the Title IX Coordinator will, within ten (10) business days of their receipt of the complaint, evaluate whether to investigate or dismiss the complaint.  In evaluating the complaint, the Title IX Coordinator will analyze the allegations to determine whether the conduct as alleged could constitute sex discrimination and whether any of the bases for dismissal in Section VII.A.4 apply.

Where the Title IX Coordinator determines that the conduct as alleged could constitute sex discrimination and that none of the bases for dismissal in Section VII.A.4 apply, the Title IX Coordinator will initiate the grievance procedures and issue a notice of allegations to both parties (see Section VII.A.6).  Where the Title IX Coordinator determines that the conduct as alleged would not constitute sex discrimination or that one or more bases for dismissal in Section VII.A.4 apply, the Title IX Coordinator will dismiss the complaint, or allegations therein, as provided in Section VII.A.4, and will issue written notice of the dismissal to the complainant.  Dismissal of a complaint under these Procedures does not preclude action under other College policies and procedures.

4. Complaint Dismissal

The College may dismiss a complaint if:

• The College is unable to identify the respondent after taking reasonable steps to do so;
• The respondent is not participating in the College’s education program or activity and is not employed by the College;
• The complainant voluntarily withdraws any or all of the allegations in writing, the Title IX Coordinator declines to initiate a complaint, and the College determines that, without the withdrawn allegations, the remaining alleged conduct, if any, would not constitute sex discrimination even if proven; and/or
• The College determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination. Before dismissing the complaint on this basis, the College will make reasonable efforts to clarify the allegations in the complaint.

Upon dismissal, the College will promptly notify the complainant in writing of the ground(s) for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then the College will notify the parties simultaneously in writing of the dismissal and the ground(s) for the dismissal.  Any written notice of dismissal will include information about the right to appeal the dismissal and the permissible bases for appeal.  If a dismissal is appealed, the College will follow the procedures outlined in Section VII.A.9.

When a complaint is dismissed, the College will, at a minimum:

• Offer supportive measures to the complainant, as appropriate;
• If the respondent has been notified of the allegations, offer supportive measures to the respondent, as appropriate; and
• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within the College’s education program or activity.

5. Consolidation of Complaints

The College may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by the one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances.  If one of the complaints to be consolidated is a complaint of sex-based harassment involving a student party (complainant or respondent), the College will apply the additional/alternative procedures in Section VII.B.

6. Notice of Allegations

Upon initiation of an investigation under these grievance procedures, the College will notify the parties in writing of the following, with sufficient time for the parties to prepare a response before any initial interview:

• These grievance procedures, including the informal resolution process (if applicable);
• Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
• The College’s prohibition on retaliation;
• That the respondent is presumed not responsible for the alleged sex discrimination until a determination is made at the conclusion of the grievance procedures;
• That prior to a determination regarding responsibility being made, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial Decisionmaker;
• That the parties will be afforded an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigative report that accurately summarizes this evidence.
  • Note: If the College provides access to an investigative report, the College will offer an equal opportunity to access the relevant and not impermissible evidence upon the request of any party; and
• That the parties may be accompanied to any meeting or proceeding by an advisor of their choice who may be, but is not required to be, an attorney;
• That Board Policies 07.28.01 Student Code of Conduct and Disciplinary Procedures and 05.04.18 Discipline and Suspension, Demotion or Dismissal for Cause prohibit knowingly making false statements or knowingly submitting false information during the grievance procedures.

If, during the course of an investigation, the College decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the written notice or that are included in a consolidated complaint, it will provide written notice of the additional allegations to the parties.

7. Investigation

The Title IX Coordinator will appoint one or more trained Investigators to undertake an adequate, reliable, and impartial investigation into the complaint. The burden is on the College—not the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred, if such evidence is available.

When a party’s (complainant or respondent) participation is invited or expected at an investigative interview or other meeting, the Investigator will provide that party with written notice of the date, time, location, participants, and purpose of the interview or meeting with sufficient time for the party to prepare to participate.

The Investigator will provide the parties with the same opportunity to be accompanied to any meeting or proceeding during the investigation phase by an advisor of their choice, who may be, but is not required to be, an attorney. The Investigator will not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding. However, the advisor’s role during the investigation phase will be limited to providing support, guidance and/or advice to the party.  A party’s advisor may not speak on behalf of the party during any interview or meeting and must comply with all behavioral rules and expectations set forth in these Procedures or established by the Investigator. Additionally, in the event that the Investigator allows a party to have a person or persons other than their advisor present at an investigative interview or meeting, the Investigator will provide the same opportunity to the other party.

The Investigator will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible. The Investigator has discretion to determine whether the parties may present expert witnesses, so long as the determination applies equally to both parties.

The Investigator will review all evidence gathered through the investigation and determine what, if any evidence is irrelevant or otherwise impermissible in accordance with the guidelines on permissibility outlined in Section VII.A.1.

After the Investigator completes the investigation, including conducting all relevant investigatory interviews and gathering and reviewing all evidence to determine its relevance and permissibility, the Investigator will provide both parties (and the parties’ advisors, if any) with notice of the opportunity to access either the relevant and not otherwise impermissible evidence or a written investigative report that accurately summarizes this evidence, as well as a reasonable opportunity to review and respond to the evidence or investigative report.  If the Investigator provides a written investigative report, the Investigator will also provide each party with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.

The College will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures.

The investigation phase, including the timeframe for the parties to access and submit a response to the written investigative report or the relevant and not otherwise impermissible evidence, shall be completed within thirty (30) business days after the Investigator’s receipt of the notice of allegations, unless the timeframe is extended pursuant to Section VII.A.1 of these Procedures.

8. Decisionmaker Review and Determination

Upon the conclusion of the investigation phase, the Title IX Coordinator will appoint an impartial Decisionmaker to make a determination regarding responsibility relative to the complaint.  The Title IX Coordinator will provide the Decisionmaker with a copy of the investigative report, if any, the relevant and not otherwise impermissible evidence gathered during the investigation, and the parties’ responses to the investigative report or evidence, if any (“investigative materials”).

The College will provide a process that enables the Decisionmaker to question parties and witnesses to adequately assess a party’s or a witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination. For complaints that are not of sex-based harassment involving a student party, the Decisionmaker will have discretion to question parties and witnesses in person, by phone or other remote means, or in writing as necessary to assess the party’s or witness’s credibility.

The Decisionmaker may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The Decisionmaker will not draw an inference about whether sex discrimination occurred based solely on a party’s or witness’s refusal to respond to such questions.

Following the Decisionmaker’s review and evaluation of all relevant and not otherwise impermissible evidence, the Decisionmaker will:

• Within fifteen (15) business days after the Decisionmaker’s receipt of the investigatory materials, use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred.
• Within seven (7) business days after making the determination, notify the parties simultaneously in writing of the determination regarding responsibility. The written determination will include:
  • A description of the alleged sex discrimination;
  • Information about the policies and procedures that the Decisionmaker used to evaluate the allegations;
  • The Decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex discrimination occurred;
  • Any disciplinary sanctions that the Decisionmaker recommends be imposed on the respondent;
  • Whether remedies other than the imposition of disciplinary sanctions will be provided to the complainant; and
  • The College’s procedures and permissible bases for the complainant and respondent to appeal.

The determination regarding responsibility will become final either on the date that the College provides the parties with the written appeal determination, or, if no party appeals, the date on which an appeal would no longer be considered timely.

9. Appeals

Both parties will have the right to appeal any determination regarding responsibility, and any dismissal of a complaint or allegations therein, to a designated Appellate Decisionmaker.  An appeal must be based on one or more of the following grounds:

• A procedural irregularity that would change the outcome of the determination or dismissal;
• New evidence that would change the outcome of the determination or dismissal and that was not reasonably available when the determination or dismissal was made; and/or
• The Title IX Coordinator, Investigator or Decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome of the determination or dismissal.

A party wishing to appeal a dismissal or determination regarding responsibility must submit a written appeal request to the Title IX Coordinator within seven (7) business days of the party’s receipt of the written determination or notice of dismissal.

Within seven (7) business days after the Title IX Coordinator’s receipt of an appeal request, the Title IX Coordinator will forward the appeal request and all relevant materials to the appointed Appellate Decisionmaker and will notify both parties in writing of the appeal, including providing the respondent with notice of the allegations, if notice was not previously provided to the respondent.

Within ten (10) business days of the Appellate Decisionmaker’s receipt of the appeal and relevant materials, the Appellate Decisionmaker will review the appeal and relevant materials and decide whether to affirm, reverse, or modify the dismissal or determination regarding responsibility.  Within seven (7) business days after the conclusion of the review, the Appellate Decisionmaker will notify both parties, in writing, of the result of the appeal and the rationale for the result.  The Appellate Decisionmaker’s determination is final.

10. Disciplinary Sanctions and Remedies

If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:

• Coordinate the provision and implementation of remedies to a complainant and other people the College identifies as having had equal access to the College’s education program or activity limited or denied by sex discrimination;
• Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
• Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the College’s education program or activity.

In accordance with Board Policy 07.28.01 Student Code of Conduct and Disciplinary Procedures, disciplinary sanctions that the College may impose on a student respondent include, but are not limited to:

• Reprimand
• Academic Sanction
• Disciplinary Probation
• Loss of Privileges
• Restitution
• Discretionary Sanctions
• Administrative Withdrawal
• Suspension
• Dismissal

In accordance with Board Policy 05.04.18 Discipline and Suspension, Demotion or Dismissal for Cause, disciplinary sanctions that the College may impose on an employee respondent include, but are not limited to:

• Oral Warning
• Written Warning
• Suspension with or without pay
• Demotion or Dismissal

Any disciplinary sanctions against a respondent will not be implemented until the conclusion of the grievance procedures.

Possible remedies that the College may provide to a complainant or other individuals include, but are not limited to:

• Continuation of supportive measures as noted in Section VI.A.
• Alteration of class or work arrangements
• Campus climate surveys
• Policy/procedure modification and/or training

B. Supplemental/Alternative Procedures for Sex-Based Harassment Complaints Involving a Student Party

1. Decisionmaker Review, Questioning Proceeding and Determination

For a sex-based harassment complaint involving a student party, upon the appointment of the Decisionmaker, both parties will have the opportunity to request a substitution if the participation of the appointed Decisionmaker poses a conflict of interest.  A party wishing to request substitution of the appointed Decisionmaker must notify the Title IX Coordinator, in writing, within three (3) business days after the party’s receipt of the name of the appointed Decisionmaker.

The process enabling the Decisionmaker to question parties and witnesses to adequately assess their credibility will consist of an individual question-and-answer meetings facilitated by the Decisionmaker.

Prior to convening the individual meetings, both parties will be notified, in writing, of the opportunity to submit proposed questions to be asked of the other party and any witnesses during the individual meetings.  The Decisionmaker will determine whether each proposed question is relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible to the party who proposed the question.  Questions that are unclear or harassing of the party or witness being questioned will not be permitted.  The Decisionmaker will provide a party with an opportunity to clarify or revise a proposed question that the Decisionmaker determines is unclear or harassing.  If the party sufficiently clarifies or revises the proposed question, the question will be asked.

During the individual meetings, the Decisionmaker will pose the submitted questions deemed relevant and appropriate. The Decisionmaker may also pose the Decisionmaker’s own questions to the party or witness.  If a party has an advisor, the advisor will be permitted to accompany the party to their individual meeting(s); however, the same limitations on the advisor’s role that apply during the investigation phase will apply during the individual meeting(s).

The Decisionmaker will create an audio or audiovisual recording or transcript of each individual meeting and will provide each party with the recording or transcript with enough time for the party to have a reasonable opportunity to propose follow-up questions.

To account for the additional time needed for the Decisionmaker to facilitate the question-and-answer meetings, the Decisionmaker’s deadline for making the determination of responsibility for sex-based harassment complaints involving a student party will be thirty (30) business days after the parties’ deadline to request substitution of the appointed Decisionmaker (or, if the Decisionmaker is substituted, the parties’ receipt of the name of the substituted Decisionmaker), rather than the fifteen (15) business day deadline outlined in Section VII.A.8.

In addition to the components listed in Section VII.A.8, the Decisionmaker’s written determination regarding responsibility will include, if applicable and to the extent appropriate, other students identified by the College to be experiencing the effects of sex-based harassment.

 2. Appeals

In addition to the grounds listed in Section VII.A.9, the parties to a sex-based harassment complaint involving a student party may appeal a determination regarding responsibility on the ground that the sanction is disproportionate to the violation.

In lieu of resolving a complaint through the grievance procedures, the parties may instead request to participate in an informal resolution process. The College will inform the parties in writing of any informal resolution process that it offers and determines is appropriate, if one is available.  The College will not offer informal resolution to resolve a complaint when such a process would conflict with Federal, State, or local law.

Before the initiation of an informal resolution process, the College will provide the parties with written notice of:

• The allegations;
• The requirements of the informal resolution process;
• That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
• That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations;
• The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
• What information the College will maintain and whether and how the College could disclose such information for use in grievance procedures if such procedures are initiated or resumed.

The College will review on an ongoing basis, its sex discrimination and sexual misconduct prevention and education programming to ensure that students are provided with substantive opportunities to learn about sex discrimination (including sex-based harassment, primary prevention, bystander intervention, risk reduction, consent, reporting methods, relevant College policies and procedures, retaliation, survivor-centered and trauma-informed response, relevant definitions, and other pertinent topics.

The College, in conjunction with its college-wide task force established pursuant to the Campus Security Enhancement Act of 2008 (110 ILCS 12/10), will annually review its prevention and education offerings to identify ways in which to enhance its effectiveness.

It’s On Us

It’s On Us is a rallying cry inviting everyone to step up and realize that the solution begins with us. It’s a declaration that sexual assault is not only a crime committed by a perpetrator against a victim, but a societal problem in which all of us have a role to play. It’s On Us is reframing sexual assault in a way that inspires everyone to see it as their responsibility to do something, big or small, to prevent it. They are asking everyone to create an environment, be it a dorm room, a party, a club or a sports team, or the greater college campus, where sexual assault is unacceptable and survivors are supported.

Raising awareness. Holding ourselves and each other accountable. Looking out for someone who cannot consent.

IT’S ON US. All of us.

Bystander Intervention: Putting a stop to Sexual Assault

Explains the basics and principles of bystander intervention, a strategy that has proven effective in the reduction of sexual assault. This video demonstrates techniques to counter the bystander effect by getting witnesses to stop violent acts and includes three ways to disrupt a sexual assault. Lake Land College students and staff may access the video link here. Lake Land College students can also locate it on the Student Hub.

Step UP! Be a Leader. Make a Difference.

Developed by the University of Arizona C.A.T.S. Life Skills Program, along with the National Collegiate Athletics Association (NCAA), the Step UP! bystander intervention program educates students to be proactive in helping others with concerns related to a variety of topics including sexual assault.

Sexual Assault: Awareness and Recovery for Students

This page provides education on consent, types of assault and how to get help for students of all ages.

Education from Blue Seat Studio:

Title IX and Sexual Misconduct

Help a Friend

Consent: It’s Simple as Tea

Copyright ©2015 Emmeline May and Blue Seat Studios. Check out more videos from Blue Seat.

The College Student’s Guide to Safe & Healthy Intimate Relationships

For many students, the college years are when they first become sexually active. While they may feel well equipped to handle themselves in these relationships, they may not be armed with adequate sexual health and safety knowledge and may make decisions and choices that can place them at increased risk for health issues or risky sexual encounters. The College Student’s Guide, provided by Learn Psychology, was created to remove some of the mystery from sexual health and give students the appropriate resources and information to make sure they stay healthy, happy and safe throughout their college days and beyond.

Learn Psychology provides in-depth information and resources for those interested in pursuing a degree in psychology and other mental health professions.

National Center for Victims of Crime

Online information and assistance related to dating violence, stalking, bullying and harassment, sexual assault and other crimes.

All College employees receive annual training on the College’s obligation to address sex discrimination in its education program or activity, the scope of conduct that constitutes sex discrimination, including the definition of sex-based harassment, and all applicable notification and information requirements under Section V.A. of these Procedures.

In addition to the above training, the Title IX Coordinator, campus law enforcement, campus security, and anyone else involved in the receipt of reports of, responding to, investigating or adjudicating alleged incidents of sex discrimination, or in the referral or provision of services to survivors, receive annual education and training on primary prevention, bystander intervention, risk reduction, consent, reporting obligations, investigation procedures, confidentiality requirements, relevant College policies and procedures, retaliation, survivor-centered and trauma-informed response, relevant definitions, and other pertinent topics.

Individuals who investigate or resolve complaints, including through informal resolution, or who have the authority to modify or terminate supportive measures, receive at least 8-10 hours of annual training on issues related to Preventing Sexual Violence in Higher Education Act offenses including sexual violence, domestic violence, dating violence, and stalking; the College’s obligations under Title IX and related laws; the definitions of sex discrimination and the specific forms of prohibited conduct; how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; how to conduct the College’s grievance procedures outlined in Section VII of these Procedures; and issues of relevance, including the meaning and application of the term “relevant” in relation to questions and evidence, and the types of evidence that are impermissible regardless of relevance under the grievance procedures. Decisionmakers also receive training on any technology to be used at question-and-answer meetings, informal resolution facilitators receive training on the rules and practices associated with the College’s informal resolution process, and the College’s Title IX Coordinator receives training on their specific responsibilities and on the College’s recordkeeping system and applicable recordkeeping requirements.

All Confidential Advisors receive 40 hours of training on sexual violence before being designated a Confidential Advisor. Annually thereafter, Confidential Advisors attend a minimum of six (6) hours of ongoing educational training on issues related to sexual violence. Confidential Advisors also receive periodic training on the College administrative process, interim protective measures and accommodations, and the College’s grievance procedures pursuant to Section VII above.

The College, in conjunction with its college-wide task force established pursuant to the Campus Security Enhancement Act of 2008 (110 ILCS 12/10), will annually review its training offerings to identify ways in which to enhance its effectiveness.

The training provided to College employees will not rely on sex stereotypes and will promote impartial investigations and adjudications of complaints of alleged sex discrimination.

Definitions

A. Bystander Intervention: see Section 5 of the Preventing Sexual Violence in Higher Education Act, 110 ILCS 155/5.

B. Complainant: (1) a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination; or (2) a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged sex discrimination.

 C. Complaint: an oral or written request to the College that objectively can be understood as a request for the College to investigate and make a determination about alleged sex discrimination.

 D. Confidential Advisor: a person who is employed or contracted by the College to provide emergency and ongoing support to student survivors of sexual violence, as outlined in Section 20 of the Preventing Sexual Violence in Higher Education Act, 110 ILCS 155/20. Confidential Advisors may include persons employed by a community-based sexual assault crisis center with which the College partners. All Confidential Advisors receive 40 hours of training on sexual violence before being designated a Confidential Advisor. Annually thereafter, Confidential Advisors attend a minimum of six (6) hours of ongoing educational training on issues related to sexual violence. Individuals designated as “Responsible Employees” in these Procedures are not Confidential Advisors. A Confidential Advisor may or may not also be a Confidential Employee.

 E. Confidential Employee: an employee of the College who has confidential status with respect to information received while the employee is acting within the scope of the following duties and functions: (1) a person who is employed by the College whose communications are privileged or confidential under Federal or State law; (2) an employee whom the College has designated as confidential under Title IX for the purpose of providing services to persons related to sex discrimination; (3) an employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination. A Confidential Employee may or may not also be a Confidential Advisor.

 F. Consent: knowing and freely given agreement to engage in sexual activity. Coercion, force, or the threat of either invalidates consent. Consent may not be inferred from silence, passivity, or a lack of verbal or physical resistance.  A person’s manner of dress does not constitute consent.  Past consent to sexual activities does not imply ongoing or future consent.  Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person.  Consent may be withdrawn 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: 1) the person is incapacitated due to the use or influence of alcohol or drugs; 2) the person is asleep or unconscious; 3) the person is underage; or 4) the person is incapacitated due to a mental disability.

G. Dating Violence: violence committed by a person: 1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and 2) where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

H. Disciplinary Sanctions: consequences imposed on a respondent following a determination that the respondent violated the College’s prohibition on sex discrimination.

 I. Domestic Violence: includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Illinois, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Illinois.

J. Hostile Environment Sex-Based Harassment: unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity. Whether a hostile environment has been created is a fact specific inquiry that includes consideration of the following: (1) the degree to which the conduct affected the complainant’s ability to access the College’s education program or activity; (2) the type, frequency, and duration of the conduct; (3) the parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct; (4) the location of the conduct and the context in which the conduct occurred; and (5) other sex-based harassment in the College’s education program or activity.

K. Incapacitation: when a person is incapable of giving consent due to the person’s age, use of drugs or alcohol, or an intellectual or other disability which prevents the person from having the capacity to give consent.

 L. Intimidation: to intentionally make another timid or fearful, to compel or deter by or as if by threats. Intimidation is a form of retaliation prohibited by the College’s Policy Prohibiting Sex Discrimination and these Procedures.

M. Peer Retaliation: retaliation by a student against another student.

N. Pregnancy or Related Conditions: includes (1) pregnancy, childbirth, termination of pregnancy, or lactation; (2) medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or (3) recovery from pregnancy, childbirth, termination of pregnancy, lactation or related medical conditions.

O. Preponderance of the Evidence: when considering all the evidence in the case, the Decisionmaker is persuaded that the allegations are more probably true than not true. The standard of proof requires the Decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the Decisionmaker is not persuaded under this standard that sex discrimination occurred, whatever the quantity of the evidence is, the Decisionmaker will not determine that sex discrimination occurred.

 P. Relevant: related to the allegations of sex discrimination under the investigation as part of these grievance procedures. Questions are relevant where they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a Decisionmaker in determining whether the alleged sex discrimination occurred.

 Q. Remedies: measures provided, as appropriate, to a complainant or any other person the College identifies as having had their equal access to the College’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to the College’s education program or activity after the College determines that sex discrimination occurred.

R. Respondent: a person who is alleged to have violated the College’s prohibition on sex discrimination.

S. Responsible Employee: a College employee who (a) has the authority to institute corrective measures on behalf of the College, or (b) has responsibility for administrative, leadership, teaching, or advising in the College’s education program or activity. Section V.A.2 of these Procedures lists categories of employees who are Responsible Employees for the College.

T. Retaliation: intimidation, threats, coercion, or discrimination by the College, a student, or an employee or other person authorized by the College to provide aid, benefit or service under the College’s education program or activity, for the purpose of interfering with any right or privilege secured by the College’s Policy Prohibiting Sex Discrimination and/or the laws and regulations cited therein, or because the person reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under these Procedures. Retaliation may result in disciplinary or other action independent of the sanctions, remedies or supportive measures imposed in response to the allegations of sex discrimination.

U. Sexual Assault: an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

V. Sex Discrimination: discrimination on the basis of sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity.

W. Sex-Based Harassment: a form of sex discrimination that is harassment on the basis of sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity. Types of sex-based harassment include, but are not limited to, quid pro quo harassment, hostile environment harassment, and the specific offenses defined in Appendix A.

X. Sexual Violence: physical sexual acts attempted or perpetuated against a person’s will or where a person is incapable of giving consent (g., due to the person’s age, use of drugs or alcohol, or because an intellectual or other disability prevents the person from having the capacity to give consent). Sexual violence includes, but is not limited to, rape, sexual assault, sexual battery, sexual abuse and sexual coercion.  All such acts of sexual violence are forms of prohibited sex discrimination.

Y. Specific Offenses: sexual assault, sexual violence, dating violence, domestic violence, and stalking, as defined in Appendix A.

 Z. Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for the person’s safety or the safety of others; or (2) suffer substantial emotional distress.

AA. Supportive Measures: individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to: (1) restore or preserve a party’s access to the College’s education program or activity, including measures that are designed to protect the safety of the parties or the College’s educational environment, or (2) provide support during the College’s grievance procedures or during an informal resolution process.

BB. Survivor: an individual who has experienced sexual violence, domestic violence, dating violence, or stalking while enrolled, employed, or attending an event at a higher education institution.

CC. Survivor-Centered: See Section 5 of the Preventing Sexual Violence in Higher Education Act, 110 ILCS 155/5.

DD. Threat: any oral or written expression or gesture that could be interpreted by a reasonable person as conveying an intent to cause harm to persons or property.

EE. Trauma-Informed Response: See Section 5 of the Preventing Sexual Violence in Higher Education Act, 110 ILCS 155/5.

FF. Quid Pro Quo Harassment: when an employee, agent, or other person authorized by the College to provide aid, benefit, or service under the College’s education program or activity explicitly or impliedly conditions the provision of such aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

As described in the Procedures Implementing the College’s Board Policies 11.04 Discrimination and Harassment and 11.04.01 Prohibiting Sex Discrimination, different employees on campus have different notification obligations when they receive information about conduct that may reasonably constitute sex discrimination.

The scope of an employee’s notification obligations depends on the employee’s status as a Responsible Employee, Confidential Employee, or Other Employee.

Responsible Employee

Any non-confidential employee who has the authority to institute corrective measures or has responsibility for administrative, leadership, teaching, or advising in the College’s education program or activity.  The College’s Responsible Employees are:

• College Administrators
• Supervisors and Managerial Staff, except Student Wellness Center Manager
• Faculty, except for those faculty who serve as Faculty Counselors in the Counseling Services Office
• Campus Police
• Coaches
• Advisors (e.g., student club/organization advisors, academic advisors, career advisors, financial aid advisors)

Responsible Employees must notify the Title IX Coordinator when they have information about conduct that may reasonably constitute sex discrimination.  This notification must include all relevant details about the alleged sex discrimination, including the date, time and specific location of the alleged incident(s) and the names of all involved individuals.

Confidential Employee

A College employee who has confidential status with respect to information received while the employee is acting within the scope of certain specific duties and functions.  The College’s Confidential Employees are:

• Counselors in Counseling Services
• College Nurse
• Student Wellness Center Manager

Confidential Employees must explain the following to any person who informs them of conduct that may reasonably constitute sex discrimination:

1. The employee’s status as confidential, including the circumstances in which the employee is not required to notify the Title IX Coordinator about conduct that reasonably may constitute sex discrimination;
2. How to contact the Title IX Coordinator and how to make a complaint of sex discrimination; and
3. That the Title IX Coordinator may be able to offer and coordinate supportive measures, as well as initiate the informal resolution process or an investigation under the grievance procedures.

Other Employee

Any College employee who is not a Responsible Employee or a Confidential Employee.

Upon receiving information about conduct that reasonably may constitute Title IX Sex Discrimination, Other Employees must:

1. Promptly notify the Title IX Coordinator; or
2. Provide the reporting party with the contact information of the Title IX Coordinator and information about how to make a complaint under these Procedures.

*Note: If proceeding with Option 2, the employee must document, in writing, the date and information provided to the reporting party.

Printable Copy: Employee-Notification-Requirements-2024-07.31.24.pdf

Title IX prohibits discrimination on the basis of sex, which includes discrimination on the basis of current, potential, and past pregnancy and related conditions, as well as current, potential, and past parental, family and marital status. Title IX requires that institutions treat pregnancy and related conditions in the same manner and under the same policies as other temporary medical conditions.

What does “pregnancy or related conditions” mean?

“Pregnancy or related conditions” means: pregnancy; childbirth; termination of pregnancy; lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

What does “parental status” mean?

A person has “parental status” if they are: a biological parent; an adoptive parent; a foster parent; a stepparent; a legal custodian or guardian; in loco parentis with respect to such a person; or actively seeking legal custody, guardianship, visitation, or adoption of such a person.

What must an employee do upon receiving notification of a student’s pregnancy or related condition?

When a student, or a person with the legal right to act on behalf of a student, informs an employee of the student’s pregnancy or related condition, the employee must promptly:

1. Provide the student with the contact information for the Counselor for Student Accommodations and Mental Health Initiatives; and
2. Inform the student that the Counselor for Student Accommodations and Mental Health Initiatives can arrange specific actions to prevent sex discrimination and ensure the student’s equal access to the College’s education program or activity.
   

Ellie Haskett, Counselor for Student Accommodations and Mental Health Initiatives
Luther Student Center, Office #443, 217-234-5259, ehaskett@lakelandcollege.edu

What must the College provide to a student experiencing pregnancy or a related condition?

Reasonable Modifications: The Counselor for Student Accommodations and Mental Health Initiatives must make reasonable modifications to the College’s policies, practices, or procedures to enable the student to access the College’s education program or activity and coordinate implementation of any modifications proposed by the College and accepted by the student. Reasonable modifications must: (1) be based on the student’s individualized needs; and (2) be developed in consultation with the student. A modification that would fundamentally alter the nature of the College’s education program or activity is not a reasonable modification.

Lactation Space: When necessary, the College must provide the student with adequate lactation space. Adequate lactation space is an area other than a bathroom that is: (1) clean; (2) shielded from view; (3) free from intrusion from others; and (4) may be used for expressing breast milk or breastfeeding as needed.

Voluntary Access: The College must allow the student to voluntarily access any separate and comparable portion of the College’s education program or activity, provided that the College ensures that the separate portion of the program or activity is comparable to that offered to students who are not pregnant and do not have related conditions.

Voluntary Leave: The student must be allowed to voluntarily take a leave of absence to cover, at minimum, the period of time deemed medically necessary by the student’s licensed healthcare provider. If the student qualifies, under a separate College policy, for a voluntary leave that is longer than the period of time deemed medically necessary, the College must allow the student to take leave under that policy if they choose. Upon the student’s return, the student must be reinstated to the academic status and, as practicable, to the extracurricular status that the student held when the leave began.

When can the College require documentation from the student or parent/guardian to support the pregnancy or related condition?

The College cannot require documentation supporting pregnancy or a related condition unless it is necessary and reasonable in order to determine appropriate reasonable modifications or other additional specific actions.

The following printer friendly document includes all of the information required for employees to provide to the student.

Students-Experiencing-Pregnancy-and-Related-Conditions.pdf

Why am I a mandatory reporter?

There are three federal laws that establish responsibilities for employees of colleges to report certain types of crimes and incidents, especially sexual harassment and sexual misconduct. Title IX, the Clery Act and Title VII. Each of these areas of federal law has a different purpose, but generally the laws are intended to protect members of the campus community, visitors and guests from criminal and discriminatory behavior.

Will I receive training?

Yes. The College provides training for all employees on Title IX and mandatory reporting.

Isn’t Title IX only related to athletics?

Although it is the application of Title IX to athletics that has gained the greatest public visibility, the law applies to every single aspect of education, including course offerings, counseling and counseling materials, financial assistance, student health and insurance benefits and/or other services, housing, marital and parental status of students, physical education and athletics, education programs and activities, and employment.

What if a student requests to keep an incident of sex discimination or harassment confidential?

It is important BEFORE the student reports to you the details of the incident to notify them you are a mandated reporter. Employees may direct students to a Counselor in Counseling Services, the College Nurse, or the Student Wellness Center as they are confidential reporting centers.

What are the differences between the College’s Title IX investigation and a criminal investigation?

A criminal investigation is intended to determine whether an individual has violated criminal law.

Title IX will never result in incarceration and therefore, the same procedural protections and legal standards are not required. Further, a criminal investigation is initiated at the discretion of law enforcement authorities, while a Title IX investigation is not discretionary. The College has a duty under Title IX to resolve complaints promptly and equitably and to provide a safe and nondiscriminatory environment for all students.

In addition to Title IX, two federal laws, The Clery Act and Title VII, also create reporting responsibilities for campus employees, faculty and professional staff. Each law imposes differing responsibilities for different employees across our campuses.

Following are the different laws and their purpose.

The Clery Act

Originally known as the Campus Security Act, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)) is the landmark federal law that requires colleges and universities across the United States to disclose information about crime on and around their campuses. The law is tied to an institution’s participation in federal student financial aid programs and it applies to most institutions of higher education both public and private. The Clery Act is enforced by the United States Department of Education.

On March 7, 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013 (VAWA) (Pub. Law 113-4), which, among other provisions, amended section 485(f) of the Higher Education Act of 1965, as amended (HEA), otherwise known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The Clery Act requires institutions of higher education to comply with certain campus safety- and security-related requirements as a condition of participating in the Federal student financial aid programs authorized by Title IV of the HEA. Notably, VAWA amended the Clery Act to require institutions to compile statistics for incidents of domestic violence, dating violence, sexual assault, and stalking and to include certain policies, procedures, and programs pertaining to these incidents in their annual security reports (ASRs). The statute requires institutions to include this new information in the ASR beginning with the ASR that must be provided to students, employees, and prospective students and employees by October 1, 2014.

Lake Land College Police Department updates, communicates and publishes a public crime log and publishes an Annual Security Report available to all current students and employees.

Reference: http://clerycenter.org/the-clery-act

Title VII

Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of race and color, as well as national origin, sex, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Harassment/Hostile Work Environment

Title VII prohibits offensive conduct, such as racial or ethnic slurs, racial “jokes,” derogatory comments, or other verbal or physical conduct based on an individual’s race/color. The conduct has to be unwelcome and offensive, and has to be severe or pervasive. Employers are required to take appropriate steps to prevent and correct unlawful harassment. Likewise, employees are responsible for reporting harassment at an early stage to prevent its escalation.

Reference: Society for Human Resource Management

Abused and Neglected Child Reporting Act

Board Policy 05.36 – Abused and Neglected Child Reporting Policy states that Lake Land College (“College”) shall comply with the Illinois Abused and Neglected Child Reporting Act, 325 ILCS 5/1 et seq. (the “Act”), as amended by Public Act 97-0711, and as applicable to College employees who are legally responsible to report suspected abuse or neglect of a child (under the age of 18) to the Illinois Department of Children and Family Services (“DCFS”).

The Act provides that all personnel of institutions of higher education, all athletic program personnel and all athletic facility personnel are mandated reporters. 325 ILCS 5/4. Mandated reporters are required to immediately report to the DCFS whenever there is reasonable cause to believe that a child with whom they have contact in their professional capacity may be abused or neglected.

Reference: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1460&ChapterID=32