Prohibition of Sex Discrimination, Sexual Harassment and Sexual Misconduct

Policy Number: OAE-1100-001

Effective Date: July 27, 2016

Policy Title:  Prohibition of Sex Discrimination, Sexual Harassment and Sexual Misconduct

Vice Chancellor/Associate Chancellor: Office of the Chancellor

Unit Responsible for Policy: Office for Access and Equity

Contact: Title IX Coordinator

Policy Statement: UIC is committed to providing an educational and work environment that is free from all forms of sex discrimination, sexual violence, and sexual and gender-based harassment (collectively referred to as “Sexual Misconduct”). UIC prohibits and will not tolerate Sexual Misconduct of or by students, employees, patients, or visitors. UIC will take prompt and fair action to eliminate such conduct, prevent its recurrence, and remedy its effects through interim protective measures and accommodations, equitable investigations, and disciplinary processes. Employees and students in violation of this policy may face sanctions up to and including termination or expulsion. The Office for Access and Equity, through its Title IX Coordinator, has the authority to conduct investigations, to determine when there have been violations of this policy based on the standard of preponderance of evidence, and then make recommendations in accordance with the relevant University policies for students, employees, patients, or visitors.

UIC encourages good faith reports of Sexual Misconduct and prohibits retaliation against any person who reports Sexual Misconduct and/or who participates in a Title IX investigation or resultant disciplinary process.

All employees are considered to be “Responsible Employees” with the authority and responsibility to report Sexual Misconduct to University Officials.  Employees who are exempted from this reporting requirement are professional or pastoral counselors who provide work-related mental-health counseling, campus advocates who provide confidential victim assistance, and employees who are otherwise prohibited by law from disclosing information received in the course of providing professional care and treatment.

Reason for Policy: To ensure that UIC is compliant with federal and state laws related to sex discrimination, which includes sexual violence, Sexual Misconduct, and sexual and gender-based harassment. This policy updates the existing policy to mandate that the University’s faculty and staff report incidents involving Sexual Misconduct to the Title IX coordinator.

Minority Impact Statement: The policy does not have any disproportionate or unique impact on UIC’s minority students, staff, or faculty.

Who Should Read the Policy: All students, faculty, staff, and administrators at UIC.

Definitions:

• Sexual Misconduct: According to federal Title IX regulations, unlawful discrimination on the basis of sex includes: (a) sexual harassment, (b) gender-based harassment, which is unwelcome conduct based on actual or perceived sex, or harassment based on gender identity or nonconformity with sex stereotypes, and/or (c) all forms of sexual violence including, but not limited to, sexual assault, sexual battery, sexual abuse, sexual coercion, sexual exploitation, dating violence, domestic violence, and stalking (collectively referred to as “Sexual Misconduct”). Sexual misconduct is the term used in this policy to encompass unwanted or unwelcome conduct of a sexual nature that is committed without valid consent. Also included in this term is any abusive behavior that arises out of an actual or perceived intimate relationship (e.g. domestic or dating violence and stalking). Sexual misconduct may occur between people of the same gender or different gender identifications.

• University: Refers to UIC.

Procedures: Procedures, reporting options, and resources are outlined on the UIC Office for Access and Equity Website. Students may review the Student Sexual Misconduct website.

Related Laws, Regulations, Statutes, and Policies: Title IX of the Education Amendments Act of 1972 (“Title IX”), Title VII of the Civil Rights Act of 1964 as amended (“Title VII”), 2013 VAWA amendments to the Clery Act, the Clery Act, the Illinois Preventing Sexual Violence in Higher Education Act, the Illinois Human Rights Act, and related UIC and University of Illinois System policies.

Document History:

Approved by: CVC
Approved date: July 27, 2016
Approved as: Updated policy