Sexual Misconduct

Jump to section

The University is committed to ensuring the safety and security of all its members. Sexual misconduct is a serious violation of the standards set by the University community since it creates an atmosphere of distrust and inequality and will not be tolerated. Sexual misconduct includes sexual harassment, sexual abuse, sexual assault or rape, domestic violence, dating violence, and stalking. This policy/procedure establishes a protocol whereby those who believe they have been subjected to sexual misconduct may obtain redress promptly and equitably through the policies and procedures of the University.

This policy applies to all members of the University community, regardless of position/status, gender or sexual orientation. Each member of the University community is expected to report promptly complaints about violations. Any student found to be in violation of this policy shall be subject to disciplinary action, which may include, but is not limited to, disciplinary warning, disciplinary probation, suspension, or dismissal. Any action taken by the University is independent of actions taken by external law enforcement agencies.

No Retaliation Statement

No action shall be taken against anyone who submits a complaint that the complianant believes to be valid regardless of the outcome of the investigation; however, any person found to be intentionally dishonest in making the allegations or to have made them maliciously is subject to University discipline.

Title IX

Title IX of the Educational Amendments of 1972 prohibits sexual discrimination. Sexual harassment and sexual violence are considered forms of sexual discrimination, and are therefore violations of Title IX. Violations of the University Sexual Misconduct Policy must be reported to the Title IX Coordinator (Dr. Shannon Sesterhenn, Dean of Students).

Confidentiality

Employees of the University, including Resident Advisors in Housing, are required to report incidents of sexual misconduct to the Title IX Coordinator regardless of whether the student reporting the violation requests confidentiality. Campus counselors are not required to report, without the student's consent, incidents of sexual misconduct to the school in a way that identifies the student (Office of Civil Rights) and therefore can be approached in confidence. Nonetheless, Midwestern University will make every effort to maintain the confidentiality of the student reporting the violation. However, requests for complete confidentiality may hamper the ability of the University to fully respond to the incident and restrict the University's ability to pursue disciplinary action. Furthermore, the University may determine that its requirement to provide a safe, non-hostile, and nondiscriminatory environment for all students supersedes the confidentially request of the student reporting the violation. Evaluations of requests for confidentiality will be made by the Title IX Coordinator.

Illinois - Sexual Misconduct Definitions

Consent
Consent is freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. Silence is not consent. The absence of refusal is not consent. The manner of dress of the victim at the time of the offense shall not constitute consent. A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after the person withdraws consent during the course of that sexual penetration or sexual conduct. An individual who is impaired due to alcohol or drug ingestion cannot give consent.

Dating Violence
Dating violence means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.

Domestic Violence
Domestic violence includes asserted violent misdemeanor and felony offenses committed by the victim's current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

Force or threat of force
Force or threat of force means the use of force or violence or the threat of force or violence, including, but not limited to: (1) when the accused threatens to use force or violence on the victim or on any other person, and the victim under the circumstances reasonably believes that the accused has the ability to execute that threat; or (2) when the accused overcomes the victim by use of superior strength or size, physical restraint, or physical confinement.

Sexual Abuse
A person commits criminal sexual abuse if that person: (1) commits an act of sexual conduct by the use of force or threat of force; or (2) commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent.

Sexual Assault
Sexual assault is:
An act of sexual penetration under the use or threat of force; or
An act of sexual penetration where the accused knows that the victim is unable to understand the nature of the act or is unable to give knowing consent; or
An act of sexual penetration in which the accused delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception for other than medical purpose; or
An act of sexual penetration on a victim under the age of consent by Illinois definition.

Sexual Conduct
Sexual conduct means any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused or any part of the body of a child under 13 years of age or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.

Sexual Harassment
Sexual harassment is a form of harassment that may involve the behavior of a person of either sex against a person of the opposite or same sex, and occurs when such behavior constitutes unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical behavior of a sexual nature where:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education or employment;
Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual's welfare; or
Such conduct has the purpose or effect of substantially interfering with an individual's welfare, academic or work performance, or creates an intimidating, hostile, offensive, or demeaning education or work environment.

Sexual Penetration
Sexual penetration means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.

Stalking
A person commits stalking when the person knowingly engages in a course of conduct directed at a specific person, and the person knows or should know that this course of conduct would cause a reasonable person to: (1) fear for the person's safety or the safety of a third person; or (2) suffer other emotional distress.

Arizona - Sexual Misconduct Definitions

Domestic Violence
Domestic violence means any act which is a dangerous crime against children as defined in section 13-705
(dangerous crimes against children) or an offense defined in section 13-1201 through 13-1204 (endangerment, threatening or intimidating, assault, aggravated assault); 13-1302 through 13-1304 (custodial interference, unlawful imprisonment, kidnapping); 13-1502 through 13-1504 (criminal trespass in the third, second and first degree); 13-1602 (criminal damage); 13-2810 (interfering with judicial proceedings); 13-2904, subsection A, paragraph 1, 2, 3 or 6 (disorderly conduct); 13-2916 (use of telephone to terrify, intimidate, threaten, harass, annoy or offend); 13-2921 (harassment); 13-2921.01 (aggravated harassment; 13-2923 (stalking); 13-3019 (surreptitious photographing, videotaping, filming or digitally recording or viewing); 13-3601.02 (aggravated domestic violence ); 13-3623 (child or vulnerable adult abuse), if any of the following applies:

The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
The victim and the defendant have a child in common.
The victim or the defendant is pregnant by the other party.
The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.

Oral Sexual Contact
Oral sexual contact means oral contact with the penis, vulva, or anus.

Sexual Abuse
A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is 15 or more years of age without consent of that person or with any person who is under 15 years of age if the sexual contact involves only the female breast.

Sexual Assault
A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.

Sexual Conduct
Sexual contact means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact.

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education or employment;
Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual's welfare; or
Such conduct has the purpose or effect of substantially interfering with an individual's welfare, academic or work performance, or creates an intimidating, hostile, offensive, or demeaning education or work environment.

Sexual Intercourse
Sexual intercourse means penetration into the penis, vulva, or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.

Stalking
A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either: 1) Would cause a reasonable person to fear for the person's safety or the safety of that person's immediate family member and that person in fact fears for the person's safety or the safety of that person's immediate family member 2) Would cause a reasonable person to fear death of that person or that person's immediate family member and that person in fact fears death of that person or that person's immediate family member.

Without Consent
Without consent includes any of the following: 1) the victim is coerced by the immediate use or threatened use of force against a person or property. 2) The victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant. For purposes of this subdivision, "mental defect" means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another. 3) The victim is intentionally deceived as to the nature of the act. 4) The victim is intentionally deceived to erroneously believe that the person is the victim's spouse.

Reporting Sexual Misconduct

All complaints will result in a formal investigation with a subsequent resolution. Students reporting violations have the right to file complaints with external law enforcement agencies as well as the University. University and law enforcement investigations will usually be conducted independently and simultaneously. The University standard for determining the validity of a complaint is the 'preponderance of evidence' standard. Investigations of student complaints that involve another student or students will be undertaken by the Title IX coordinator; however, investigations involving student complaints against a Midwestern University employee(s) or employee(s) complaints against a student are undertaken jointly by the Title IX Coordinator and the Vice President of Human Resources and Organizational Development. Student complaints concerning non-sexual harassment and unlawful discrimination are governed under the Student Handbook's section on Harassment and Unlawful Discrimination, which can be found in the Policies Section of the Student Handbook. Students who are charged with sexual misconduct are in violation of the University's "Code of Responsibilities and Rights of the Students of Midwestern University" as stated in Appendix 1 and of the University's "Bylaws and Regulations of the Code of Responsibilities and Rights of the Student of Midwestern University" as stated in Appendix 2 of the Student Handbook and can be disciplined under the judicial proceedings stated in Appendix 2, Section 2 of the Student Judicial System. Disciplinary sanctions imposed by the University on students may include, but are not limited to, disciplinary warning, disciplinary probation, suspension, or dismissal. Students charged with violations may also be prosecuted under Illinois or Arizona criminal statutes. Employees will be disciplined according to University Human Resources guidelines.

Procedure

Initiating an investigation of sexual misconduct

To institute proceedings regarding allegations of sexual misconduct, the following procedures shall be followed:

Nature of the act and related circumstances are to be reported in written detail and submitted to:
1. The involved student(s) or employee(s),
2. The appropriate College Dean, and
3. The Dean of Students.
The written statement must include the name of the involved student or employee, the name and status of the reporting person, and the nature of the alleged act. The confidentiality of the student reporting the violation will be maintained if possible. The written statement may be sent to the involved student via the University email/mail system or delivered in person. Should a student so involved refuse or fail to accept delivery of the statement after a bona fide attempt is made to deliver, the requirement of notification will be considered to have been met. All correspondence related to the proceedings is considered to be confidential material. Correspondence to employees will be handled via the Department of Human Resources.
Temporary suspension: Should a student action be of such a nature that it is felt that the student must be relieved of the student right to attend Midwestern University, the student may be temporarily suspended from the college on recommendation of the Dean of Students. Any temporary suspension may continue until such time as the issue in dispute is resolved under the process outlined below. Suspension of employees will be handled by the Department of Human Resources.

Resolution of conduct matter
Any issue concerning student conduct will be resolved by utilizing the Office of the Title IX Coordinator. The Title IX Coordinator is authorized to receive complaints regarding sexual misconduct, conduct investigations and determine the validity of the charges. The Title IX Coordinator also makes recommendations regarding appropriate disciplinary action to the applicable College Dean. The Dean of Students has been assigned this role to ensure consistent and fair resolution of student conduct issues. In sexual misconduct cases involving a student(s) and an employee(s) of the University, the investigation will be jointly conducted by the Title IX Coordinator and the Vice President of Human Resources and Organizational Development. Complaints against vendors will be conducted by the Title IX Coordinator in the same fashion as a student complaint.

Method of resolution

Upon receipt of the written complaint lodged against the student, the Title IX Coordinator will set a time to meet with the student charged with the violation regarding the issue. The interview will preferably be conducted in person, although a phone interview is acceptable if the student is at a distant location. The Title IX Coordinator has the right to interview other parties in relation to the incident to determine the validity of the complaint. The student filing the complaint will also be interviewed. Both the student filing the complaint and the accused student have the right to have an advisor present during all meetings/interviews/proceedings.
After interviewing the student accused of the violation, the student filing the complaint and other involved persons, the Title IX Coordinator will render a decision regarding the validity of the complaint. The validity will be based upon whether it was more likely than not that the incident occurred (preponderance of the evidence standard). If the complaint is deemed valid, the Title IX Coordinator will recommend disciplinary action for the accused student (s) to the appropriate College Dean. The College Dean will be notified of the recommendation within 5 school days of the aforementioned interview unless prevented by extenuating circumstances. A copy of the Title IX Coordinator's investigation into the complaint, including all supporting evidence, will be submitted to the Office of the President in Glendale and the Office of Accreditation in Downers Grove.
In a joint investigation with Human Resources, a copy of the investigation and all supporting evidence will be submitted to the Vice President of Human Resources and Organizational Development. If the complaint is determined to be valid and the perpetrator is an employee, the Human Resources Department will impose the appropriate sanction per HR policy. If the complaint is determined to the valid, and the perpetrator is a student, the process outlined above in subsection (b) in which the appropriate College Dean determines sanctions will be followed. A copy of the joint investigation into the complaint, including all supporting evidence, will also be submitted to the Office of the President in Glendale and the Office of Accreditation in Downers Grove.
Typically, within 5 school days after receiving the recommendation of the Title IX Coordinator, the Academic Dean will notify the accused student(s) in writing of the Dean's decision including, if applicable, any disciplinary action. Any disciplinary action must conform to Appendix 1, Section Five of the Code of Responsibilities and Rights of Students of Midwestern University. A copy of the College Dean's decision must be sent to the Title IX Coordinator and the Office of the President in Glendale and the Office of Accreditation in Downers Grove for inclusion in the student's disciplinary file. The student or employee reporting the violation will also be notified, in writing, of the outcome of the investigation.
In a joint investigation with the Department of Human Resources, the Vice President of Human Resources and Organizational Development will notify the accused employee in writing of disciplinary action. The student reporting the violation will also be notified, in writing, of the outcome of the investigation.
If the student/employee does not accept the College Dean/Vice President of Human Resources and Organizational Development decision, the student/employee may appeal to the University President within 5 school days of notification of College Dean/Vice President's decision, by submitting a written statement containing the basis and reasons for the appeal including all relevant facts. The University President will request a copy of the Title IX Coordinator's findings and decision, as well as all relevant information from the investigation. Meetings with the University President will be audio recorded with the permission of the student. The student may request a copy of the recording. The President will act upon the appeal by (a) confirming the original decision, (b) altering any penalties imposed, or (c) requesting the student/employee, the Coordinator, and/or the applicable College Dean/Vice President of Human Resources and Organizational Development to submit additional information prior to rendering a decision. Both the student/employee reporting the incident and the accused student/employee have the right of appeal utilizing the guidelines listed above. Both the student/employee reporting the violation and the accused student/employee must be notified of the outcome of the appeal in writing.
The final decision rests with the University President. A copy of the University President's decision must be sent to the College Dean, Title IX Coordinator and the Office of the President in Glendale, and the Office of Accreditation in Downers Grove for inclusion in the student's disciplinary file.

Record keeping in conduct matters Records of the above proceedings shall be kept in accordance with the following guidelines:

All records related to disciplinary investigations/actions are secured in the Office of the Title IX Coordinator.
All records related to disciplinary appeals are secured in the Office of the President.
All records related to disciplinary investigations/actions/appeals are maintained in perpetuity.
A student may see any and all records related to the student's disciplinary investigation/action/appeal in accordance with the college regulations concerning inspection of records as spelled out in Guidelines for Access to and Disclosure of Educational Records Maintained by Midwestern University. The identity of the student reporting the violation will be redacted, if the reporting student has requested confidentiality.
All documentation related to disciplinary investigations/actions/appeals are kept on file in the Office of the President in Glendale and Office of Accreditation in Downers Grove in accordance with the Higher Learning Commission requirements.
The University will disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the results of any disciplinary hearing conducted by the University against the student who is the alleged perpetrator of the crime or offense upon written request. If the alleged victim is deceased as a result of the crime or offense, the University will provide the results of the disciplinary hearing to the victim's next of kin, if so requested.

Procedures for Reporting a Sexual Assault on Campus

Any student who is involved in or witnesses a sexual assault should contact Campus Security immediately (Downers Grove, dial 630/515-7111; Glendale dial 623/572-3201). Students have the option to notify law enforcement authorities, including local police, and the option to be assisted by campus authorities in notifying such authorities. It is extremely important to preserve any evidence related to the crime as may be necessary to provide proof of the assault. The student should not bathe or shower, use the restroom, change clothes, comb hair, clean up the crime scene or move or touch anything the offender may have touched. If Campus Security is contacted in an emergency, they will notify the police and the Title IX Coordinator. The Manager of Residence Life will also be notified if emergencies occur within campus housing. The following is a list of emergency campus telephone numbers.

Downers Grove Campus

Resource	Number
Security	630/515-7111
Police	911
Resident Assistant on Duty	630/515-7111 Reached through Security
Dean of Students	630/515-6470

Glendale Campus

Resource	Number
Security	623/572-3201
Police	911
Resident Assistant on Duty	408-258-3247
Dean of Students	623/572-3210

Counseling Services for Sexual Assault Victims and Witnesses

The University has counseling services for students who are victims of or have witnessed an act of sexual misconduct (including sexual assault, attempted sexual assault, sexual abuse, dating violence, domestic violence, or stalking). Student victims of an alleged act of sexual misconduct have options for requesting a change in academic situations and on-campus residence arrangements if such requests are reasonably available. In addition to seeking assistance from the Title IX Coordinator, students may also seek assistance from the following University personnel or outside resources:

In Illinois: University Personnel

Resource	Number
Title IX Coordinator	630/515-6470
Manager of Residence Life	630/971-6400
Title IX Assistant Coordinator	630/515-7142
Wellness and Recreation Center Personnel	630/960-3144
Student Counselor	630/5115-7142

Community Resources

Resource	Number
DuPage County- 24-Hour Crisis Hotline	630/627-1700
Family Shelter Service Hotline	630/469-5650
Northwest Center Against Sexual Assault 24-Hour Hotline	847/806-6526
Mutual Ground Hotlines
24-Hour Sexual Assault Hotline	630/897-8383
24-Hour Domestic Violence Hotline	630/897-0080
Y.W.C.A.R.E.S. (South Suburban YWCA)	708/754-0486

In Arizona: University Personnel

Resource	Number
Title IX Coordinator	623/572-3329
Manager of Residence Life	623/572-3348
Title IX Associate Coordinator	623/572-3357
Title IX Assistant Coordinator	623/572-3213
Office of Student Services	623/572-3210
Student Counselor	623/572-3629

Community Resources

Resource	Number
Glendale Police Victim Assistance Hotline	623/930-3030
Domestic Violence Hotline	623/930-3720
Maricopa Crisis Hotline	1-800-631-1314

Sexual Misconduct Education and Awareness

Midwestern University provides educational programming that consists of primary prevention and awareness programs for all incoming students and new employees and ongoing awareness and prevention campaigns for students, faculty, and staff that:

Identifies sexual misconduct which includes sexual harassment, sexual abuse, sexual assault or rape, domestic violence, dating violence, and stalking as prohibited conduct;
Defines what behavior constitutes sexual harassment, sexual abuse, sexual assault or rape, domestic violence, dating violence and stalking;
Defines consent to sexual activity under University policy and state regulations;
Covers information on reporting sexual violence, assisting victims and survivors of sexual violence, and preventing sexual violence through bystander training;
Explains rights of accuser and accused, including the right to file reports with external law enforcement agencies and the right to an advisor.