Lake Land College is committed to maintaining a working and learning environment in which all individuals are treated with respect and dignity. Faculty, staff and students have a right to work and learn in an atmosphere that promotes equal opportunity and prohibits discriminatory practices such as harassment. Employees and students are encouraged to report all incidents of harassment. (See Board Policy 11.04 – Discrimination and Harassment.)
Sexual misconduct is considered to be a form of harassment. All reports of sexual harassment are investigated and acted upon in accordance with Lake Land College Board Policy 11.04.01 – Prohibiting Sex-Based Misconduct. This guide provides the procedures set forth to implement Board Policy 11.04.01 in informing the campus community regarding definitions of prohibited conduct; responsibilities and contact information for the College’s Title IX Coordinator; options for assistance following an incident of sexual discrimination, harassment and/or misconduct; procedures for reporting and confidentially disclosing sexual discrimination, harassment and/or misconduct; complaint investigation and appeal procedures; prevention and education programming provided for college students and employees; and training and education provided for college employees responding to, investigating or adjudicating sexual discrimination, harassment and misconduct.
You may call the Sexual Assault and Counseling Information Services Crisis Hotline at 800-345-2846 for assistance. You may also dial 911 to contact the local police department. If you choose to report the sexual assault, you should go to the hospital emergency room before washing yourself or your clothing. You do not need to go through the situation alone – a friend, relative or crisis center representative can accompany and support you.
*Adapted from the ATIXA Gender-Based and Sexual Misconduct Model Policy presented by the Association of Title IX Administrators (ATIXA) and National Center for Higher Education Risk Management (NCHERM), 2011.
Unwelcome sexual advances, requests for sexual favors, or other conduct that an individual did not request or invite and is regarded as offensive.
The unwelcome, gender-based verbal or physical conduct must be sufficiently severe, persistent or pervasive that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from Lake Land College’s education program and/or activities.
Sexual misconduct encompasses a range of behavior used to obtain sexual gratification against another’s will or at the expense of another. Sexual Misconduct includes sexual harassment, sexual assault, and any conduct of a sexual nature that is without consent, or has the effect of threatening or intimidating the person against whom such conduct is directed.
Sexual misconduct includes:
Sexual violence or assault refers to an act of a sexual nature on another person. It can include a wide range of unwanted sexual contact. The perpetrator causes submission of the victim by means that is reasonably calculated to cause submission against the victim’s will.
Sexual violence includes:
There are other complaints that are categorized within Title IX. These include:
Dating violence is controlling, abusive, and aggressive behavior in a romantic relationship. It can include verbal, emotional, physical, or sexual abuse, or a combination. This includes violence committed by a person –
Domestic violence and emotional abuse are behaviors used by one person in a relationship to control the other. Partners may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating.
Examples of abuse include:
Stalking is a pattern of threats or harassment that is directed repeatedly toward a specific individual and is experienced as unwelcome, intrusive, or fear inducing. It can include physical appearances of the stalker and harassing behaviors such as sending unwanted letters, phone calls, messages, gifts, and instants messages/e-mail correspondence.
Sexual exploitation refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and situations in which the conduct does not fall within the definitions of Sexual Harassment, Non-consensual Sexual Contact and Non-consensual Sexual Intercourse.
Examples of sexual exploitation include, but are not limited to:
There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as teacher and student, supervisor and employee, coach and athlete). These relationships may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge. The College does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the College. For the personal protection of members of this community, relationships in which power differentials are inherent (faculty-student, staff-student, administrator-student, coach-athlete) are generally discouraged.
Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party are unethical. Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the timely attention of their supervisor, and will likely result in the necessity to remove the employee from the supervisory or evaluative responsibilities, or shift the individual out of being supervised or evaluated by someone with whom they have established a consensual relationship. While no relationships are prohibited, failure to self-report such relationships to a supervisor may result in disciplinary action for an employee.
No individual making a complaint, whether formal or informal, will be retaliated against, even if a complaint made in good faith is not substantiated. Witnesses involved in any complaint of harassment will also be protected from retaliation.
In accordance and compliance with Board Policy 11.04.01, to file a complaint of sexual harassment or sexual misconduct, you are strongly encouraged to contact the appropriate office listed below.
FACULTY AND STAFF: Contact your campus Human Resources office.
Title IX Coordinator
Dustha Wahls, Director of Human Resources
Lensink Hall, Office #2
Deputy Title IX Coordinator
Colleen Winchester, Senior Human Resources Generalist and College Compliance Coordinator
Lensink Hall, Office #4
STUDENTS: Contact one of the following Confidential Advisors. The advisors can provide support and assistance if the student wishes to not file a formal report as well as assist a student in filing a formal report if s/he wishes to do so.
Luther Student Center, room 435
Sharon Uphoff, College Nurse
Luther Student Center, room 515
STUDENTS AND STAFF: Anyone wishing to file a police report may contact the following:
Lake Land College Police Department
All faculty and nearly all staff members who work for Lake Land College have a responsibility to report Title IX incidents.
If a student discusses a potential incident of Harassment or Sexual Misconduct with any faculty or staff member, it is that person’s responsibility and requirement to report the incident to the Title IX Coordinator, regardless of whether you want to formally report the incident. It is required that the staff member report such incidents as soon as possible, so a review of the situation may commence.
When an employee knows or reasonably should know of possible sexual harassment or sexual violence, the Office of Civil Rights deems the college to have notice of the misconduct. The College must take immediate and appropriate steps to investigate or otherwise determine what occurred and, if the investigation determines that the sexual misconduct created a hostile environment, the College must then take appropriate steps to address the situation.
The college has this obligation regardless of whether the student, student’s parent, or a third party files a formal complaint.
The following individuals are considered confidential reporters and are not bound by the mandatory reporting policy and do not have to report a Title IX incident. These are considered:
Students that talk to any of these people about a possible sexual harassment or sexual misconduct violation will be required to make a formal report which will trigger an investigation once they are notified of the situation:
It is important to understand who is and is not a mandated reporter if a student is unsure whether they would like to proceed with the formal complaint process. All faculty and staff know whether or not they are mandatory reporters.
It is also very important to notify the individual that you are a mandated reporter and will have an obligation to share their information with the Title IX Coordinator. You may offer the individual an opportunity to talk with a confidential reporter, if they seem uncertain.
Before a student or complainant reveals their information that he or she may wish to remain confidential, a mandatory reporter should make every effort to ensure that the individual understands:
Ask the following questions:
Asking these preliminary questions allows the investigation to commence and keep the student and campus safe. Provide reassurance to the student, or reporting individual, that the College will address their situation. The information must be forwarded to the Title IX Coordinator as soon as possible.
The U.S. Department of Education’s Office for Civil Rights issued the “Dear Colleague Letter” on April 4, 2011 reminding institutions of higher education’s responsibility to take “immediate and effective steps” to respond to sexual harassment which includes acts of sexual violence that are in line with Title IX requirements.
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.
Yes. The College will provide you with training on Title IX and mandatory reporting.
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.
It is important BEFORE the student reports to you the details of the incident to notify them you are a mandated reporter. You may direct them to the college nurse or counseling services as they are confidential reporting centers.
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.
Two federal laws in addition to Title IX, The Clery Act and Title VII, 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.
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.
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.
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
Board Policy 05.36 – Abused and Neglected Child Reporting Policy states that Lake Land College (“College”) shall comply with the 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.
Sexual Assault Counseling and Information Services (SACIS)
Provides crisis and on-going services to victims of sexual violence. Counseling services are also available to the victims’ significant other. Services include individual and group counseling, medical and criminal justice advocacy, information and referral, institutional advocacy, public education and professional training. All services are free and confidential!
1505 18th Street, Suite 2, Charleston, Illinois 61920
24-hour hotline: 1-888-345-2846
Office Phone Number: 217-348-5033
Facebook: Sexual Assault Counseling and Information Service
Illinois Coalition Against Sexual Assault (ICASA)
Including SACIS, ICASA coordinates 29 community-based sexual assault crisis centers, providing 24/7 intervention and support. For additional centers throughout Illinois, visit ICASA at www.icasa.org.
HOPE of East Central Illinois – Coalition Against Domestic Violence
The mission of HOPE is to empower persons to live independent, non-violent lives through the provisions of Housing, Outreach, Prevention, and Education. HOPE maintains a 24-hour, 7 day a week, 365 day a year toll-free crisis hotline providing support, intervention, information, and referrals.
PO Box 732, Charleston, IL 61920
24-hour hotline: 1-888-345-3990
Office Phone: 217-348-5931
National Sexual Assault Hotline
Live help for sexual assault victims and their friends and families. Free. Confidential. Secure. Available online or by telephone.
24-hour crisis hotline: 1-800-656-HOPE (4673)
National Domestic Violence Hotline
Provides lifesaving tools and immediate support to enable victims to find safety and live lives free of abuse. Callers to the Hotline can expect highly trained experienced advocates to offer compassionate support, crisis intervention information and referral services in over 170 languages. Visitors to the website can find information about domestic violence, safety planning, local resources and ways to support the organization.
24-hour hotline: 1-800-799-SAFE (7233)
Rape, Abuse, and Incest National Network (RAINN)
The nation’s largest anti-sexual violence organization. RAINN created and operates the National Sexual Assault Hotline in partnership with more than 1,100 local rape crisis centers across the country and operates the DoD Safe Helpline for the Department of Defense. RAINN also carries out programs to prevent sexual violence, help victims and ensure that rapists are brought to justice.
Hosted by “Twilight” actress Kristen Stewart, this video challenges students to work together to prevent sexual violence. SOSU includes diverse student voices and experts in the field of sexual assault. The video highlights the impact of sexual assault on a victim as well as the important role of friends and bystanders. Lake Land College students and staff may access the video free by logging into the Student Hub.
The video is available for purchase through the Clery Center for Security on Campus.
PACT5 is a national movement to prevent sexual assaults and rapes in colleges. PACT5 believes that the documentary form, when produced by students, can create powerful stories that can change potentially tragic behavior patterns. Students are the ones who can make a difference in the minds of other students.
PACT5 is as a collaboration between students and faculty at 5 universities: Rowan University (NJ), California State University at Northridge, Western State Colorado University, Northern Illinois University, and Framingham State University (MA). Partners include the Clery Center for Security on Campus and FourFront with funding from the Wyncote Foundation.
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.