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Harassment

Monmouth College Policy Prohibiting Discrimination, Harassment, and Retaliation

Monmouth College (the “College”) takes seriously its affirmative duty to maintain a work and study environment free from discrimination, harassment, and retaliation. Monmouth College does not discriminate, or tolerate discrimination, against any member of its community on any of the grounds covered by state or federal civil rights laws, including race, religion, color, sex/gender, gender identity, national origin, ethnicity, disability, age, military service, marital status, sexual orientation, pregnancy or any other protected status. The College also does not tolerate domestic violence, dating violence, sexual assault, or stalking committed against any member of its community. A violation of this policy, or inappropriate conduct that threatens to violate this policy, may result in disciplinary action, up to and including immediate termination or expulsion, being taken against the appropriate person or persons.

Discrimination

Discrimination is unequal, adverse treatment of an individual because of his or her protected status, such as race, age, or gender. For instance, giving two similarly situated individuals different pay, different opportunity for advancement, or different educational opportunity is discrimination if the reason for the different treatment is the protected status of one of the individuals.

Harassment

Harassment is unwelcome, hostile, or inappropriate conduct directed toward an individual because of his or her protected status. Such conduct violates College policy if it (1) has the purpose or effect of creating an intimidating, hostile, or offensive working, living, or learning environment for the affected individual, or (2) substantially interferes with that individual's working, living, or learning environment.

The following are examples of harassment:

  1. Refusing to offer employment or educational opportunities to someone because of the person’s protected status;
  2. Persistent comments or jokes about an individual's protected status;
  3. Verbal behavior, including verbal insults, remarks, epithets, or derogatory statements directed at an individual or group based on a protected characteristic; and
  4. The display or circulation of written materials or pictures that degrade a person or group based upon a protected characteristic.

Any inquiries regarding Title VI or the College’s Policy Prohibiting Discrimination, Harassment, and Retaliation should be directed to the Title VI Coordinator identified below. The Coordinator will be available to meet with or talk to students, staff, and faculty regarding issues relating to Title VI and this policy. To file a complaint please provide in writing the following information:

  • Your name, address, telephone number and signature.
  • The name and address of the program or department you believe discriminated against you.
  • How, why and when you believe you were discriminated against and the names of those involved, if known. Include as much background information as possible about the alleged acts of discrimination.
  • The names of any persons that the coordinator could contact for additional information to support or clarify your allegations.

Once a complaint is filed, it will be reviewed by the Title VI Coordinator to determine if the issues you have raised are valid under Title VI. The Title VI Coordinator will investigate your allegations and attempt to resolve any violations found.

Mohsin Masood
Title VI Coordinator
Associate Dean of Students
Room 129 Poling Hall (main level)
(309) 457-2113
mohsin@monmouthcollege.edu

Sex Discrimination (including Sexual Harassment, Sexual Assault, and Sexual Violence)

Applicable Federal Law

This policy supplements the general policy statements regarding discrimination and harassment set forth above and addresses the requirements of the Campus Sexual Violence Elimination Act (“Campus SaVE Act”) and Title IX of the Education Amendments of 1972 (“Title IX”), and the Illinois Preventing Sexual Violence in Higher Education Act.  The Campus SaVE Act is a federal law that addresses domestic violence, dating violence, sexual assault, and stalking in higher education. Title IX is a federal law that prohibits sex discrimination in federally funded education programs and activities.  The Illinois Preventing Sexual Violence in Higher Education Act is a state law that addresses student allegations of sexual violence, domestic violence, dating violence and stalking at higher education institutions.

Title IX states as follows: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Discrimination on the basis of sex (i.e., sex discrimination) includes sexual harassment, sexual assault, and sexual violence.  Domestic violence, dating violence, and stalking are also prohibited by this policy.

Policy Statement

As noted above, it is the policy of the College to provide a work and educational environment free of all forms of sex discrimination, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting sexual harassment, as defined in this policy and as otherwise prohibited by state and federal statutes.  Sexual harassment, including acts of sexual assault and sexual violence, is a form of sex discrimination and is prohibited by the College.  Domestic violence, dating violence, and stalking are also prohibited. This prohibition applies to all students, faculty, and staff, to other members of the College community, and to contractors, consultants, and vendors doing business or providing services to the College.

This Policy applies to on campus and off campus conduct, including online or electronic conduct, when the off campus conduct: (a) occurs during or in the context of a College sponsored employment or education activity or program; (b) adversely impacts the education or employment of a member of the College community or has continuing effects on campus or in an off campus education program or activity; or (c) otherwise threatens the health and/or safety of a member of the College community.

Title IX Coordinator

Any inquiries regarding Title IX or the College’s Policy Prohibiting Discrimination, Harassment, and Retaliation should be directed to the Title IX Coordinator or Deputy Coordinator identified below. The Coordinator or Deputy will be available to meet with or talk to students, staff, and faculty regarding issues relating to Title IX and this policy.

Stephanie Kinkaid 
Title IX Coordinator
Room 21, Poling Hall (lower level)
(309) 457-2274
skinkaid@monmouthcollege.edu
Michelle Merritt
Deputy Title IX Coordinator
Associate Dean of Students
Room 126 Poling Hall (main level)
(309) 457-2114
mmerritt@monmouthcollege.edu

Individuals may also contact the U.S. Department of Education’s Office of Civil Rights for additional information.

Office for Civil Rights
U.S. Department of Education-Chicago Office
500 W Madison St., Suite 1475
Chicago, IL 60661-4544
Telephone: (312)730-1560
Email: ocr@ed.gov

Definitions and Examples of Conduct Prohibited Under this Policy

Prohibited conduct includes all forms of sex discrimination and sexual harassment, as well as sexual assault and sexual violence. Domestic violence, dating violence, and stalking are also prohibited by this policy.

Sexual Harassment

Sexual harassment, which includes sexual assault and sexual violence, is a type of sex discrimination. Sexual harassment is unwelcome communication or conduct of a sexual nature. Sexual harassment may consist of repeated actions or may even arise from a single incident if sufficiently extreme. The complainant and the alleged perpetrator may be of either gender and need not be of different genders. Sexual harassment can include unwelcome sexual advances; requests for sexual favors; lewd, obscene, or sexually suggestive remarks; sexual misconduct; or other conduct of a sexual nature when:

  1. submission to such conduct or communication is made or threatened to be made, either explicitly or implicitly, a term or condition of employment or education;
  2. submission to or rejection of such conduct by an individual is used or threatened to be used as the basis for academic, extracurricular, or employment decisions involving the individual; or
  3. such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance, or of creating what a reasonable person would consider to be an intimidating, hostile, or offensive academic, extracurricular, employment or living environment.

In considering whether conduct constitutes sexual harassment, the College considers the totality of the circumstances.

Depending on the circumstances, sexual harassment may include, but is not limited to, the following:

  • Physical assaults of a sexual nature, such as rape, sexual assault, sexual battery, molestation, or attempts to commit these acts;
  • Intentional physical conduct that is sexual in nature such as touching, pinching, patting, grabbing, poking, or brushing against another individual's body;
  • Offering or implying a job- or education-related reward (such as a pay increase, a favorable employment evaluation, a job promotion, a better grade, a letter of recommendation, favorable treatment in the classroom, assistance in obtaining employment, grants or fellowships, or admission to any educational program or activity) in exchange for sexual favors or submission to sexual conduct;
  • Threatening or taking a negative employment or educational action (such as a reduction in pay, a negative employment evaluation, or a demotion, giving an unfair grade, withholding a letter of recommendation, or withholding assistance with any educational activity) or intentionally making the individual's job or academic work more difficult because sexual conduct is rejected;
  • The use or display in the workplace or classroom, including electronic, of pornographic or sexually harassing materials such as posters, photos, cartoons or graffiti without pedagogical or other justification; and
  • Unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments about a person's sexuality or sexual experience.

Sexual Assault and Sexual Violence

Sexual assault /sexual violence is a particular type of sexual harassment that involves actual or attempted sexual contact with another person without that person’s consent. Sexual assault includes, but is not limited to, physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. Sexual assault may involve individuals who are known to one another or have an intimate and/or sexual relationship, or may involve individuals not known to one another. Sexual assault includes, but is not limited to:

  • Sexual Penetration without Consent (e.g., rape): Any penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  • Sexual Contact without Consent (e.g., fondling): The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim. This includes contact done directly or indirectly through clothing, bodily fluids, or with an object. It also includes causing or inducing a person, when consent is not present, to similarly touch or fondle oneself or someone else.
  • Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by the laws of the state in which the incident occurred.( For incidents that occur outside of the U.S. (e.g., study abroad programs), Illinois law will apply in determining a violation of this policy.)
  • Statutory Rape: Sexual intercourse with a person who is under the legal age of consent (17 years in Illinois). (For incidents that occur outside of the U.S. (e.g., study abroad programs), Illinois law will apply in determining a violation of this policy.)

Domestic Violence, Dating Violence, and Stalking

  • “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 jurisdiction in which the crime of violence occurred, 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 jurisdiction in which the crime of violence occurred. In the State of Illinois the following persons are protected: any person abused by a family or household member; any high-risk adult with disabilities who is abused, neglected, or exploited by a family or household member; any minor child or dependent adult in the care of such person; and any person residing or employed at a private home or public shelter which is housing an abused family or household member.
  • “Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. It includes but is not limited to sexual abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence, above..
  • “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others’ safety, or to suffer substantial emotional distress.
    • For the purposes of this definition:
      • “Course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property;
      • Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim; and
      • “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Definition of Consent

Consent represents the cornerstone of respectful and healthy intimate relationships. Monmouth College strongly encourages its community members to communicate – openly, honestly and clearly – about their actions, wishes, and intentions when it comes to sexual behavior, and to do so before engaging in intimate conduct. It is always the requirement of the individual initiating sexual contact (or undertaking a new type of sexual activity) to ensure that consent is present before acting and is present during sexual activity. Under Illinois law, a person must be at least 17 years of age in order to give consent; it is illegal in Illinois for a person 18 or older to commit sexual acts on a person under the age of 18 if they have a position of authority or trust over the victim.

The relevant standard that will be applied to determine whether consent was present is whether a sober, reasonable person in the same position should have known that the other party could not consent to the sexual activity.

Consent to engage in sexual activity must be informed, freely given and mutual. Consent is present when clearly understandable words or actions manifest a knowing, voluntary and ongoing, freely given agreement to engage in specific sexual or intimate conduct.

Consent must be all of the following:

  • Knowing: Consent must demonstrate that all individuals understand, are aware of, and agree to the “who” (same partners), “what” (same acts), “where” (same location), “when” (same time), and “how” (the same way and under the same conditions) of the sexual activity.
  • Active: Consent must take the form of clearly understandable words or actions that reveal one’s expectations and agreement to engage in specific sexual activity. This means that silence, passivity, submission resulting from the use or threat of force, or the lack of verbal or physical resistance (including the lack of a “no”) should not – in and of themselves – be understood as consent. Consent cannot be inferred by an individual’s manner of dress, the giving or acceptance of gifts, the extension or acceptance of an invitation to go to a private room or location, or going on a date.
  • Voluntary: Consent must be freely given and cannot be the result of force (violence, physical restraint, or the presence of a weapon), threats (indications of intent to harm, whether direct or indirect), intimidation (extortion, menacing behavior, bullying), coercion (undue pressure) or fraud (misrepresentation or material omission about oneself or the present situation in order to gain permission for sexual or intimate activity).
  • Present and ongoing: Consent must exist at the time of the sexual activity. Consent to previous sexual activity does not imply consent to later sexual acts; similarly, consent to one type of sexual activity does not imply consent to other sexual acts. In addition, consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another. Consent may also be withdrawn at any time.

Consent is not present when an individual is unable to understand the nature of the activity or give knowing consent due to circumstances, including without limitation the following:

  • The person is incapacitated, voluntarily or involuntarily, due to a physical condition, including, but not limited to, the use or influence of drugs or alcohol, or being in a state of unconsciousness, sleep, or other state in which the person is unaware that sexual activity is occurring;
  • The person is under age (see above);
  • The person has a mental disability that impairs the individual’s ability to provide consent.

Signs of incapacitation include when an individual demonstrates that they are unaware of where they are, how they got there, or why or how they became engaged in a sexual interaction. Some indicators of a lack of capacity to give consent due to consumption of drugs or alcohol may include, but are not limited to:

  • Lack of full control over physical movements (for example, difficulty walking or standing without stumbling or assistance)
  • Lack of awareness of circumstances or surroundings (for example, lack of awareness of where one is, how one got there, who one is with, or how or why one became engaged in sexual interaction)
  • Inability to effectively communicate for any reason (for example, slurring speech, difficulty finding words)

 A person may appear to be giving consent but may not have the capacity to do so, in which case the apparent consent is not effective. If there is any doubt as to another person’s capacity to give consent, community members should assume that the other person does not have the capacity to give consent.

Being intoxicated or impaired by drugs or alcohol does not excuse one from the responsibility to obtain consent, and is never an excuse to commit sexual misconduct.

Retaliation

Retaliation is strictly prohibited by Monmouth College as well as by Title IX. Retaliation is any action taken against any individual because that individual has, in good faith, reported or disclosed an  alleged violation of this policy; or filed a complaint or otherwise participated  in any manner, as a party or witness, in an investigation or proceeding relating to such allegations. Retaliation violates this policy even when the complaint at issue is ultimately found to lack merit, as long as the complaint was made in good faith. Acts of retaliation will result in disciplinary action independent of any sanction or interim measures imposed in response to the underlying allegations of discrimination/misconduct. Sanctions for acts of retaliation include:

  • Advisory letter
  • Ban from college property or events
  • Campus access restrictions
    • College event restrictions
    • Degree revocation
    • Demotion
    • Disciplinary dismissal (suspension or expulsion)
    • Disciplinary hold on academic and or financial records
    • Exclusion
    • Loss of oversight, teaching or supervisory responsibility
    • Loss of pay increase
    • Loss of privileges
    • Monitoring
    • No contact directive
    • Performance improvement/management process
    • Probation
    • Required counseling or therapy
    • Required training or education
    • Removal from leadership position
    • Revocation of offer (employment or admission)
    • Revocation of tenure
    • Social probation
    • Suspension with pay
    • Suspension without pay
    • Termination of contract (for contractors)
    • Termination of employment
    • Transfer (employment)
    • Verbal warning
    • Written warning

Anti-Discrimination and Anti-Harassment Training and Educational Programming

Information and education are important in preventing discrimination, harassment, and retaliation, and the College intends to encourage and promote only conduct that is consistent with this policy. Students, faculty and staff will therefore be provided training in the areas of anti-harassment and nondiscrimination. Training may consist of written materials, films, presentations, workshops, individual counseling, or any combination thereof. Whenever reasonably possible, preliminary training will be provided to new students and new employees within the first few days of enrollment or employment. Thereafter, periodic training will be provided. Responsibility for such training shall be assigned to the appropriate administrative office or offices as determined by the College.

All members of the Monmouth College community need to understand that prevention of discrimination, harassment, and retaliation is the responsibility of everyone affiliated with this institution. From time to time, the College may therefore require faculty, staff and students to participate in training activities focused upon the prevention of discrimination, harassment, and retaliation. Based upon the results of these activities, and from time to time as needed, the College may modify this policy, as well as the specific procedures used to investigate complaints and the training provided to the campus community.

The College will provide the following educational programming designed to promote the awareness of sexual assault, domestic violence, dating violence and stalking.

Officials with Responsibility for Investigating or Adjudicating Alleged Violations of this Policy Related to Sexual Assault, Domestic Violence, Dating Violence or Stalking

The College will provide officials responsible for the investigation or adjudication of misconduct under this policy with annual training regarding sexual misconduct, including:

  • The College’s Policy;
  • The relevant federal and State law concerning sexual violence, domestic violence, dating violence, and stalking;
  • How to conduct an investigation and hearing process that protects the safety of victims and promotes accountability;
  • The roles of the College, medical providers, law enforcement, and community agencies in ensuring a coordinated response to a reported incident of sexual violence;
  • The effects of trauma on a survivor;
  • The types of conduct that constitute sexual violence, domestic violence, dating violence, and stalking, including same-sex violence;
  • Consent and the role drugs and alcohol use can have on the ability to consent;
  • Cultural sensitivity and compassionate communication skills for dealing with persons reporting sexual misconduct; and
  • Complainant-centered and trauma-informed response training.

Primary Prevention and Awareness Programs

The College will provide primary prevention and awareness programs for all incoming students and new employees that include the following:

  • A statement that the College prohibits the offenses of sexual assault, domestic violence, dating violence and stalking, and a description of the College's policies that prohibit this conduct;
  • The definition of consent and inability to consent, in reference to sexual activity and sexual violence, as defined in the applicable jurisdiction;
  • The definition of sexual assault, domestic violence, dating violence, and stalking (or similar offenses) in this Policy and in the applicable jurisdiction;
  • The definition of retaliation as it relates to sexual violence;
  • A description of safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of sexual assault, domestic violence, dating violence, or stalking against a person other than such individual;
  • Information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks;
  • The procedures that a complainant should follow if sexual assault, domestic violence, dating violence, or stalking has occurred, as described in this Policy,
  • The complainant’s options for reporting such incidents to the College, to College law enforcement, and to local law enforcement;
  • The complainant’s options for reporting such incidents to a confidential advisor or other confidential resource
  • Available survivor services;
  • The possible sanctions and protective measures that the College may impose following a final determination of a violation of College policy regarding sexual assault, domestic violence, dating violence, or stalking;
  • The procedures for College disciplinary action in cases of alleged sexual assault, domestic violence, dating violence, or stalking, as described in this Policy, including the standard of proof that is used;
  • Information about how the College will protect the confidentiality of complainants, including how publicly-available recordkeeping will be accomplished without the inclusion of identifying information about the complainant, to the extent permissible by law, and how the College will maintain as confidential any accommodations or protective measures provided to the complainant, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the accommodations or protective measures;
  • A statement that the College will provide written notification about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for student and employee complainants both within the College and in the community;
  • A statement that the College will provide written notification to complainants about options for, and available assistance in, changing academic, living, transportation, and working situations or protective measures, if so requested by the complainant and if such accommodations are reasonably available, regardless of whether the complainant chooses to report the crime to campus security or local law enforcement; and
  • A statement that, when a complainant reports to the College that the complainant has been a victim of sexual assault or relationship violence, whether the offense occurred on or off campus, the College will provide the complainant a written explanation of the complainant’s rights and options.

Ongoing prevention and awareness campaigns

The College will also provide ongoing prevention and awareness campaigns for students and employees that include the information covered in the primary prevention and awareness programs. The College will provide students and employees with an electronic copy of its policy and procedures at the beginning of each academic year, as required by 110 ILCS 155/30(b).

Reporting Alleged or Suspected Violations of this Policy

Campus Reporting

All College employees, except those identified in the Confidential Reporting section below, are obligated to report to the Title IX Coordinator any alleged violation of this policy of which they become aware unless they are expressly prohibited by law from disclosing such information.

Anyone who feels that they have been the victim of sex discrimination, including sexual harassment, sexual assault, domestic violence, dating violence or stalking,  as defined in this Policy, is encouraged to bring the matter to the attention of the Title IX Coordinator or to one of the following offices for assistance.

If you would like to report an allegged or suspected violations of the Monmouth College Policy Prohibiting Discrimination, Harassment and Retaliation, please do so here.

Office of Student Affairs

Mohsin Masood
Associate Dean of Students/Director of Residence Life
Room 129 Poling Hall (main level)
(309) 457-2113
mohsin@monmouthcollege.edu

Michelle Merritt
Deputy Title IX Coordinator/Associate Dean of Students/Director of Student Success
Room 126 Poling Hall (main level)
(309) 457-2114
mmerritt@monmouthcollege.edu

Karen Ogorzalek
Associate Dean of Students/Director of Campus Events
Stockdale Center Office Stockdale Center (main level)
(309) 457-2345
kogorzalek@monmouthcollege.edu 

Office of Academic Affairs

David Timmerman
Vice President of Academic Affairs/Dean of the Faculty
Room 107 Wallace Hall (main level)
(309) 457-2325
dtimmerman@monmouthcollege.edu

Frank Gersich
Associate Dean of Academic Affairs
Room 250 Center for Science and Business (second floor)
(309) 457-2119
fgersich@monmouthcollege.edu

Personnel Office

Michael McNall
Director of Personnel
Room 109 Poling Hall (main level)
(309) 457-2122
mike@monmouthcollege.edu

Monmouth College Security

Andrew Davis
Director of Safety and Security
Room 13 Wallace Hall (lower level)
309-457-2259 / 309-337-5708
adavis@monmouthcollege.edu

Reports may be submitted in person, in writing, electronically, or anonymously, and may be submitted by complainants, third parties, or bystanders. Electronic reports (which include an anonymous option) may be submitted here.  Reports may be submitted in person to any of the individuals listed above.  An appropriate and timely response into the report will then be conducted pursuant to this policy. Any retaliation against an individual who makes a complaint alleging a violation of this policy, or participates in the investigation or resolution of such a complaint, is strictly prohibited and will be considered a separate violation of this policy. Fabricated allegations are prohibited and are themselves violations of this and other College policies.

Off-Campus Reporting

Individuals who feel they have experienced a sexual assault or other act of sexual violence, domestic violence, dating violence, or stalking have the option to pursue a criminal complaint with the appropriate law enforcement agency, to pursue a complaint with the College, or to pursue both processes consecutively or concurrently. A victim of sexual assault or other act of sexual violence, domestic violence, dating violence, or stalking also has the right not to pursue any complaint to either the College or to a law enforcement agency.

For more information regarding the option to pursue a criminal complaint, contact:

Monmouth Police Department:  William Feithen, Chief of Police, 500 S. Main St., Monmouth, IL  309-734-8383 or 911.

Warren County State’s Attorney:  Andrew Doyle, Warren County State’s Attorney 100 W. Broadway Ave., Monmouth, IL 309-734-8476  adoyle@wcsao.com.

Western Illinois Regional Council Community Action Agency (WIRC-CAA) Victim Services, 223 S. Randolph, Macomb, IL  61455, 309-837-5555 24 hour Crisis Hotline for support services and legal resources. http://www.wirpc.org/victimservices/ 

Prairie State Legal Services, Inc.  Galesburg Office, 311 E. Main St., Galesburg, IL    61401   309-343-2141 or Toll free:  800-331-0617 http://www.pslegal.org.

(For more information on the extent of a particular law enforcement agency’s reporting obligations to other entities or its ability to protect an individual’s privacy or have confidential communications during the criminal complaint process, contact the appropriate law enforcement agency.)

In addition to having the option of pursuing a criminal complaint, individuals also have the right to request that law enforcement issue emergency protective restraining orders or to pursue such orders through the court process. The College can assist parties who wish to do so. Reporting parties who receive emergency or permanent protective or restraining orders through a criminal or civil process should notify the Title IX Coordinator so that the College can work with the individual and the subject of the restraining order to manage compliance with the order on campus. For more information about such orders, see/contact:

Monmouth Police Department:  William Feithen, Chief of Police, 500 S. Main St., Monmouth, IL 309-734-8383 or 911.

Warren County State’s Attorney:  Andrew Doyle, Warren County State’s Attorney 100 W. Broadway Ave., Monmouth, IL 309-734-8476 adoyle@wcsao.com.

Western Illinois Regional Council Community Action Agency (WIRC-CAA) Victim Services, 223 S. Randolph, Macomb, IL  61455, 309-837-5555 24 hour Crisis Hotline for support services and legal resources. http://www.wirpc.org/victimservices/ 

Prairie State Legal Services, Inc.  Galesburg Office, 311 E. Main St., Galesburg, IL    61401   309-343-2141 or Toll free:  800-331-0617 http://www.pslegal.org.

By contacting the Title IX Coordinator, Monmouth College Security (309-337-5708) or the Monmouth College Emergency Number (309-337-5713),  students and others will be assisted with transportation to a hospital if they so request, and with making contact with appropriate law enforcement authorities upon request, or to assist individuals who have further questions about these issues.  Whether or not criminal charges are filed, the College will investigate and resolve complaints of sexual misconduct under this policy where appropriate.  Any pending criminal investigation or criminal proceeding may have some impact on the timing of the College’s investigation, but the College will commence its own investigation as soon as is practicable under the circumstances.  The College reserves the right to commence and/or complete its own investigation prior to the completion of any criminal investigation or criminal proceeding. The College also may, in some circumstances, be required by law enforcement to defer the fact-finding portion of its investigation for a limited time while law enforcement gathers evidence. In such cases, the Title IX Coordinator shall inform the parties of the need to defer the College’s fact-finding, provide regular updates on the status of the investigation and notify the parties when the College’s fact-finding resumes.  During this time period, the College will take any additional measures necessary to protect the complainant and the College community.

Because the standards for finding a violation of criminal law are different from the standards for finding a violation of this policy, criminal investigations or reports are not determinative of whether sexual misconduct, for purposes of this policy, has occurred. In other words, conduct may constitute sexual misconduct under this policy even if law enforcement agencies lack sufficient evidence of a crime and therefore decline to investigate or prosecute.

The College also encourages all individuals who feel they have been victims of sexual assault, domestic violence, dating violence or stalking to seek immediate assistance from a medical provider for emergency services, including treatment of any injury, and to collect and preserve physical and other forms of evidence. Seeking medical attention helps preserve the full range of options, including the options of working through the School’s Investigation and Resolution Procedures and/or filing criminal complaints. Medical personnel may be covered by federal and/or state privacy laws, such as HIPAA.  Under Illinois law, medical personnel are required to alert police when it reasonably appears that the individual requesting the treatment has received an injury sustained as a victim of a criminal offense, including sexual violence. However, it is the individual’s choice whether he or she wants to speak to the police.

Local medical assistance can be obtained at:

OSF Holy Family Medical Center/Hospital — 1000 W. Harlem Ave., Monmouth, IL  61462  309-734-3141

OSF Holy Family Medical Clinic1000 W. Harlem Ave., Monmouth, IL  61462  309-734-1414

Monmouth Cottage Clinic#2 Americ Inn Way, Suite B, Monmouth, IL  61462   309-344-0100

OSF St. Mary’s Hospital3333 N. Seminary St., Galesburg, IL  61401   309-344-3161

Cottage Hospital — 695 N. Kellogg St., Galesburg, IL   61401   309-343-8131

Preserving Evidence

Even if an individual has not been physically hurt, a timely medical examination is recommended so that forensic evidence can be collected and preserved. An individual may choose to allow the collection of evidence by medical personnel even if he or she chooses not to make a report to the police. In order to best preserve forensic evidence, it is suggested that an individual not shower, bathe, douche, smoke, or change clothes or bedding before seeking medical attention, and that medical attention be sought as soon as possible. If the individual decides to change clothes, he she can bring them unwashed to the hospital or medical facility in a paper bag.

Under Illinois law, forensic medical examinations (i.e., evidence collection) sought subsequent to instances of sexual violence are free of charge to the patient. Victims can obtain a free forensic medical examination at OSF Holy Family Medical Center, 1000 W. Harlem Avenue, Monmouth, IL, 309-734-3141.

Individuals who have experienced sexual misconduct are also encouraged to preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs, or other copies of documents.

On-Campus Confidential Advisors and Confidential Resources

Monmouth College Counseling Center Staff and the Monmouth College Chaplain can provide emotional and medical support in a safe and confidential space through the Friends Hotline. These individuals are not required to disclose identifying information regarding reports of sexual discrimination (including sexual harassment, sexual assault, and sexual violence) they receive, as they have professional obligations to maintain the confidentiality of their clients. They can also help parties think through their options for filing a formal report. In addition, a Counselor or the Chaplain is available to meet with students and provide support and information about the College’s Policy and Procedures in a confidential setting.

FRIENDS HOTLINE: 24 hour/7 days a week HOTLINE:  309-337-3160

Monmouth College Confidential Advisors contact information:

Cindy Beadles
Director of Counseling Services
Rm. 6 Poling Hall
309-457-2114
cbeadles@monmouthcollege.edu

Amy Hofmeister
Counselor
Rm. 6 Poling Hall
309-457-2114
ahofmeister@monmouthcollege.edu 

Rev. Dr. Teri Ott
Chaplain
Weeks House
309-457-2380
teriott@monmouthcollege.edu

Individuals wishing to obtain confidential assistance without making a report to the College may do so by speaking with one of the College’s confidential advisors. These individuals are available to discuss incidents of misconduct in confidence, and generally only report to the College that an incident occurred without revealing any personally identifying information. Disclosures to confidential advisors will not trigger the College’s investigation into an incident.

All of the College’s confidential advisors shall receive forty hours (40) of initial training regarding sexual violence and participate in six (6) hours of annual continuing education thereafter.  In addition to providing confidential counseling, confidential advisors also provide emergency and ongoing support to individuals, who have experienced sexual misconduct, including:

  • The provision of information regarding the individual’s reporting options and possible outcomes, including without limitation, reporting to the College’s Title IX Coordinator pursuant to this policy and notifying local law enforcement;
  • The provision of resources and services, including, but not limited to, services available on campus and through community-based resources, such as, sexual assault crisis centers, medical treatment facilities, counseling services, legal resources, medical forensic services and mental health services;
  • The provision of information regarding orders of protection, no contact orders or similar lawful orders issued by the College or a criminal or civil court;
  • An explanation of the individual’s right to have privileged, confidential communications with the confidential advisor consistent with state and federal law;
  • Assistance in contacting campus officials, community-based sexual assault crisis centers and/or local law enforcement upon requested; and/or
  • Assistance with securing interim protective measures and accommodations upon request.

Additional Off-Campus Confidential Resources

Western Illinois Regional Council-Community Action Agency (WIRC-CAA)
Victim Services Program for assistance with domestic violence/sexual assault
Serving Warren County
223 Randolph
Macomb, IL  61455
(309) 837-5555 (hotline/emergency assistance)
(309) 837-2148 (office)
http://www.wirpc.org
Email: wirc@wirpc.org

Quad Cities Rape/Sexual Assault Counseling Hotline
Serving Mercer, Henry, Rock Island Counties
(309) 797-1777
1521 47th Avenue
Moline, IL  61265
http://www.famres.org

The Center for Prevention of Abuse
720 Joan Court
Peoria, IL  61614
(800) 559-SAFE (7233-hotline)
(309) 691-4111 (collect)
(309) 691-0551 (office)

REQUESTING CONFIDENTIALITY

The College will not disclose the identity of either party except as necessary to resolve the complaint or to implement interim protective measures and accommodations or when provided by State or federal law.

The College has designated the Title IX Coordinator to evaluate requests for confidentiality or requests that no formal action be taken and to oversee the College’s response to reports of alleged sexual assault, domestic violence, dating violence or stalking involving students. If the College honors a Reporting Party’s request for confidentiality or request that no investigation or resolution be pursued, the Colleges ability to investigate the incident comprehensively or pursue disciplinary action against the alleged Reporting Party(s) may potentially be limited. If a Reporting Party discloses an incident, but requests confidentiality or is unwilling to participate in any investigation or adjudication process, the Title IX Coordinator, in consultation with other College administrators, which may include representatives of the Office of Student Affairs, Academic Affairs, Personnel and the College Security Department will weigh the request against the College’s obligation to provide a safe, non-discriminatory environment for all students, including the Reporting Party. When weighing a Reporting Party’s request for confidentiality or that no investigation or resolution be pursued, the Title IX Coordinator will consider a range of factors, which may include but are not limited to whether the alleged Respondent is likely to commit additional acts of sexual or other violence, such as:

  • Whether there have been other sexual violence complaints about the same alleged Respondent;
  • Whether the alleged Respondent has a history of arrests or records from a prior school indicating a history of violence;
  • Whether the alleged Respondent threatened further sexual violence or other violence against the Reporting Party or others;
  • Whether the sexual violence was committed by multiple perpetrators;
  • The sexual violence was perpetrated with a weapon;
  • The Respondent is a minor;
  • The College possesses other means to obtain relevant evidence of the sexual misconduct (e.g., security cameras or personnel, physical evidence);
  • The Reporting Party’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.

The presence of one or more of these factors could lead the College to investigate and, if appropriate, pursue action against the Respondent even if the Complainant requests otherwise. If none of these factors are present, the College is more likely to respect the Reporting Party’s request. If the Title IX Coordinator determines that the College cannot maintain a Reporting Party’s confidentiality, the Title IX Coordinator will inform the Reporting Party prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the College’s response. In all interviews and meetings held in connection with these Investigation and Resolution procedures, the College will protect the privacy of the participating parties and witnesses as required by FERPA and other applicable law.

Amnesty for Sexual Misconduct Complainants and Witnesses

Monmouth College recognizes that an individual who has been drinking or using drugs prior to or during an incident involving sexual misconduct (sexual assault, dating violence, domestic violence or stalking) may be reluctant to make a report or be a witness out of concern for potential disciplinary consequences for their own behavior. Pursuant to State law, the College is obligated to include an amnesty provision in this Policy that provides immunity to any student who reports, in good faith, an alleged violation of the College’s Policy to a responsible employee. Accordingly, to encourage reporting, the College has determined that an individual who reports these incidents will not be subjected to disciplinary action by the College related to alcohol or drug consumption at or near the time of the incident, provided that any such violations of the College’s alcohol or drug policies did not and do not place the health or safety of any other person at risk. The College may, however, initiate an educational discussion or pursue other educational interventions regarding alcohol or other drugs. It should be noted that amnesty does not preclude or prevent action by police or other legal authorities.

Institutional Crime Reporting

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the "Clery Act") requires institutions of higher education to compile and publish statistics on certain criminal offenses including sexual assault (i.e., non-consensual sexual intercourse), domestic and dating violence and stalking that occur on or adjacent to school properties.  Although the College strongly encourages everyone to report any crime that occurs on or around campus, the Clery Act requires certain crimes reported to a Campus Security Authority (CSA) be included in those annual statistics.  Specifically, the Clery Act defines a Campus Security Authority as:

  • A campus police or security department;
  • Any individual or individuals who have responsibility for campus security but who do not constitute a campus police or security department, such as an individual who is responsible for monitoring entrance into institutional property;
  • Any individual or organization specified in an institution's statement of campus security policy as an individual or organization to which students and employees should report criminal offenses; or
  • An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings.

All crimes reported and documented under the Clery Act will be recorded in an anonymous manner that neither identifies the specifics of the crime or the identity of the complainant.

The College is also obligated to issue timely warnings of Clery Act crimes occurring within relevant geography that represent a serious or continuing threat to students and employees (subject to exceptions when the warning could potentially compromise law enforcement efforts or identify the victim/survivor). A complainant under this policy will never be identified in a timely warning.

Mandatory Reporting of Child Abuse, Child Sexual Abuse and Child Neglect

All College employees are mandated reporters under the Illinois Abused and Neglected Children’s Reporting Act.  Mandated reporters are required to immediately report to the Illinois Department of Children and Family Services (DCFS) suspected child abuse and/or neglect when they have “reasonable cause to believe” that a child known to them in their professional or official capacity may be an abused or neglected child.  This is done by calling the DCFS Hotline at 1-800-252-2873 or 1-800-25ABUSE.

  • A “child” means any person under the age of 18 years, unless legally emancipated.
  • “Abused child" means a child whose parent or immediate family member, any person responsible for the child's welfare, any individual residing in the same home as the child or a paramour of the child's parent:
    • Inflicts, causes to be inflicted, or allows to be inflicted upon such child physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health or loss or impairment of any bodily function;
    • Creates a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health or loss or impairment of any bodily function;
    • Commits or allows to be committed any sex offense against such child;
    • Commits or allows to be committed an act or acts of torture upon such child;
    • Inflicts excessive corporal punishment;
    • Commits or allows to be committed the offense of female genital mutilation;
    • Causes to be sold, transferred, distributed or given to such child under 18 years of age, a controlled substance, except for controlled substances that are prescribed and dispensed to such child in a manner that substantially complies with the prescription; or
    • Commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor or trafficking in persons.

There is no option for confidentiality in the case of suspected child abuse, child sexual abuse and/or child neglect.  In other words, all mandated reporters with reasonable cause to believe that a child known to them in their professional capacities may be abused, sexually abused or neglected are required to contact DCFS.  Mandated reporters must also notify the Title IX Coordinator that a DCFS report has been made.

Procedures for Investigation and Resolution of Alleged or Suspected Violations of this Policy

Monmouth College is committed to the prompt, fair, impartial and equitable resolution of all alleged or suspected violations of its Policy Prohibiting Discrimination, Harassment, and Retaliation about which the College knows or reasonably should know, regardless of whether a complaint alleging a violation of this policy has been filed and regardless of where the conduct at issue occurred. While under Illinois law reporting parties have the right to request a prompt procedure, the College is committed to providing a prompt resolution in all matters. The College’s ability to investigate in a particular situation, or the extent of the investigation in any given situation, may be affected by any number of factors, including whether the complainant is willing to file a complaint or to consent to an investigation, the location where the alleged conduct occurred, and the College’s access to information relevant to the alleged or suspected violation of this policy.  The College is nonetheless committed to investigating all alleged and suspected violations of this policy to the fullest extent possible under the circumstances. The investigation of any suspected or alleged violation of this policy will be completed within 60 calendar days of the filing of a complaint or the date on which the College becomes aware of a suspected violation of this policy unless the College determines in its discretion that good cause exists to extend the time to complete the investigation, in which case the parties will be notified and provided with an explanation of the reason for the extension of the 60-day period.  The nature and extent of the investigation will vary depending upon the circumstances, including whether the parties are amenable to pursuing an informal resolution (and the matter is eligible for informal resolution, as discussed below). 

Upon receiving a report or complaint alleging a violation of this Policy, the College is obligated to provide the Reporting Party with concise information, written in plain language, concerning the Reporting Party’s rights and options. The College reserves the right to suspend any member of the College community suspected of violating this policy or to take any other action the College deems appropriate to protect the safety of the parties and the campus community pending the outcome of the investigation and resolution process. Upon receipt of a report, the College will also implement any other appropriate interim measures to protect the safety of the parties and the campus community pending the outcome of the investigation and resolution process.  Such interim measures may be requested by or provided to either party and can include, but are not limited to, counseling services, changes to academic, living, dining, transportation, and working situations, time off from class or work or a leave of absence, obtaining and enforcing campus “no contact” orders, honoring an order of protection or no contact order entered by a State civil or criminal court.  Any such interim steps will be taken in a manner that minimizes the burden on the complainant to the extent possible. Interim measures will be kept confidential to the extent that maintaining such confidentiality would not impair the ability of the College to provide the interim measures.

The College will provide Reporting Parties with information about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims by the College and in the community. The College will also provide Reporting Parties with written information about options for, and available assistance in, changing academic, living, dining, transportation, and working situations if requested and reasonably available, regardless of whether the Reporting Party chooses to report the crime to campus security or to local law enforcement.  The College shall facilitate such changes if the Reporting Party requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to campus security or local law enforcement.

If a complaint includes allegations or an individual files multiple complaints that could invoke more than one College policy or procedure, the College shall determine in its discretion what process it will use to resolve the grievance or grievances, and shall notify all parties of its determination.  In addition, the College may, upon finding good cause, modify these procedures in the interests of promoting full and fair resolution of suspected or alleged violations of this policy in accordance with applicable law.  Employees are encouraged to consult any applicable collective bargaining agreement for additional procedures that may apply.

Informal Resolution Process

Allegations of sexual assault, sexual violence, domestic violence, dating violence, or stalking may not be resolved using an informal resolution process (i.e., mediation). However, other alleged violations of this policy, including some allegations of sexual harassment, may be resolved using an informal resolution process overseen by the Title IX Coordinator if:  (i) the College determines, in its discretion, that such a process would be appropriate; and (ii) all parties agree to participate.

The parties to any such informal process will not be required to deal directly with one another without the College’s involvement.  Instead, one or more of the following individuals (or another individual designated by the Title IX Coordinator) may arrange for or facilitate mediation between the involved parties and coordinate other informal resolution measures:  the Title IX Coordinator, the Dean of Students, the Associate Dean of Students, the Dean of the Faculty, the Associate Dean of the Faculty, or the Director of Personnel.  Any party may request that the informal resolution process be terminated at any time, in which case the formal resolution process (described below) would commence. The College may also commence the formal resolution process at any time. In addition, any party can pursue formal resolution if he or she is dissatisfied with a proposed informal resolution.

Formal Resolution Processes

Procedural Requirements Applicable to All Alleged or Suspected Violations

In addition to the specific procedures outlined below, the following procedures apply to all alleged or suspected violations of this policy that are not resolved informally, regardless of whether the accused person is a student, a faculty member, or a staff member. As noted above, all matters that involve alleged or suspected sexual assault, sexual violence, domestic violence, dating violence, or stalking will be resolved in accordance with these formal resolution procedures. Furthermore, these formal resolution procedures will apply when a party to a complaint of discrimination, harassment, or retaliation so requests, or in any other instance that the College deems appropriate.

  • Standard for Determining Responsibility. The standard used to determine whether the policy has been violated is whether it is more likely than not that the accused violated this policy.  This is often referred to as a “preponderance of the evidence” standard.
  • Rights of Complainants and Responding Parties; Timing of Resolution. The College shall provide any individual suspected or accused of violating this policy with a written explanation of the suspected or alleged violations of this policy.  Complainants and accused parties shall both be provided with the following in connection with the resolution of suspected or alleged violations of this policy. 
    • The right to have an advisor of their choice accompany them to any meeting or proceeding related to an alleged violation of this Policy, provided that the involvement of the advisor does not result in undue delay of the meeting or proceeding. If the advisor engages in behavior or advocacy that harasses, abuses, or intimidates either party, a witness, or an individual resolving the complaint, that advisor may be prohibited from further participation.
    • The opportunity to speak on their own behalf.
    • The opportunity to identify or present witnesses who can provide information about the alleged conduct at issue.
    • The opportunity to submit other evidence on their behalf.
    • At the discretion and the direction of the individual or individuals resolving the complaint, the opportunity to suggest questions to be posed by the individual or individuals resolving the complaint and respond to the other party.
    • The opportunity to review any information that will be offered by the other party in support of the other party’s position (to the greatest extent possible and consistent with FERPA or other applicable law), as well as timely and equal access to any other information that will be used during any informal or formal disciplinary proceedings.
    • The right to be informed of the outcome of the process (to the greatest extent possible and consistent with FERPA or other applicable law).
    • The opportunity to appeal the outcome of the process.
  • Notification of Outcome. After the conclusion of the process, the College will provide, written notification to the complainant and the accused of the outcome (i.e., whether a violation of this policy has occurred), including the rationale for the outcome and explanation of the College’s appeal procedures, within seven (7) calendar days after the conclusion of any hearing or proceeding, or after the three (3) day period to provide comments to a preliminary investigative report, unless the College determines that additional time is required.  This notice shall be issued contemporaneously to both parties to the extent practicable.  If a finding of policy violation is made, the notification will also be forwarded to the designated sanctioning official for issuance of sanctions. The College will maintain documentation of all hearings or other proceedings, which can take various forms (e.g., notes, written findings of fact, transcripts, or audio recordings, etc.).  In no event will the complainant be required to abide by a nondisclosure agreement that would prevent disclosure of the outcome. 
  • Right to Appeal. Both the Respondent and the Complainant have the right to timely appeal the outcome of the process if the party alleges (i) a procedural error occurred, (ii) new information exists that would substantially change the outcome of the finding, or (iii) the sanction is disproportionate with the violation..
  • Appropriate Sanctions, Corrective Action and Remedies. The College reserves the right to take any corrective action it deems necessary to prevent the recurrence of any violations of the College’s Policy Prohibiting Discrimination, Harassment, and Retaliation and to correct any discriminatory effects on the Complainant, regardless of whether there is a finding of a violation as a result of the process and regardless of what, if any, sanctions are imposed. The range of sanctions and corrective actions that may be taken include the following:
    • Advisory letter
    • Ban from college property or events
    • Campus access restrictions
    • College event restrictions
    • Degree revocation
    • Demotion
    • Disciplinary dismissal (suspension or expulsion)
    • Disciplinary hold on academic and or financial records
    • Exclusion
    • Loss of oversight, teaching or supervisory responsibility
    • Loss of pay increase
    • Loss of privileges
    • Monitoring
    • No contact directive
    • Performance improvement/management process
    • Probation
    • Required counseling or therapy
    • Required training or education
    • Removal from leadership position
    • Revocation of offer (employment or admission)
    • Revocation of tenure
    • Social probation
    • Suspension with pay
    • Suspension without pay
    • Termination of contract (for contractors)
    • Termination of employment
    • Transfer (employment)
    • Verbal warning
    • Written warning

Within five (5) days after receiving the investigator’s report, the sanctioning official will notify both parties simultaneously, in writing, of the sanctions issued, the date the sanctions will be implemented and relevant information regarding the appeals process.  The sanctioning official will also provide a copy of this written notice to the Title IX Coordinator.  The time periods referenced in this section can be extended as necessary for good cause by the sanctioning official with notice to the parties of the extension and an explanation of the reason for the extension.

The College may also disclose to the complainant information about any sanctions or corrective actions taken that relate directly to the complainant (e.g., a “no contact” order). 

Conflict of Interest.  The College requires any individual participating in the investigation, sanctioning or appeal of sexual misconduct matters to disclose any potential or actual conflict of interest. If the Complainant or Respondent believes that an investigator has a conflict of interest, the party should submit a request to replace the investigator to the Title IX Coordinator. If the Title IX Coordinator is the investigator believed to have a conflict, the party should submit such request to the Deputy Title IX Coordinator (when requesting party is a student) or Director of Personnel (when requesting party is an employee). In cases where a party believes that the appellate decision maker has a conflict of interest, a request to replace the appellate decision maker should be submitted to the Title IX Coordinator.  In cases where a party believes that the sanctioning official has a conflict of interest, a request to replace the sanctioning official should be submitted to the Title IX Coordinator.

Alleged or Suspected Violations by Students

Complaint Process

An individual who has a complaint against a student or group of students involving an alleged violation of this policy should contact the Title IX Coordinator or the Office of Student Affairs (or, if notification to the Office of Student Affairs is uncomfortable or inappropriate, an administrator within the Offices of Academic Affairs or Personnel). All members of the College community have an obligation to make sure that all alleged or suspected violations of this policy are directed to the administration.

Although there is no specific time limit for reporting a suspected violation of this policy, making the complaint as promptly as possible after the date of the alleged misconduct is always encouraged. While complainants are welcome to submit a written statement as part of their report, if the complainant is not comfortable preparing a written statement, he or she may be interviewed during the initial contact meeting by the administrator taking the complaint. The administrator will then prepare a written summary of the interview for signature by the complainant. The complainant will have an opportunity to review, amend, and sign the statement; however, the College will respond to all alleged or suspected violations of this policy regardless of whether a written complaint is filed. The accused will be notified of the complaint in accordance with the Formal Resolution Process/Rights of Complainants and Accused Parties, above.

Investigation Process

Upon receipt of such complaint, the Office of Student Affairs will conduct an investigation in accordance with the Formal Resolution Process above, and will make a written recommendation to the Associate Dean of Students, discussing the (a) facts found during the investigation, (b) whether a disciplinary violation has occurred, and (c) recommended sanction for any such violation. In appropriate circumstances, the Associate Dean of Students, after consultation with the Dean of Students or President, may delegate the Associate Dean's decision-making function or the investigators' functions to other, appropriate administrators. In his or her sound discretion, the Associate Dean of Students may, after consultation with the Dean of Students or President, instead employ a qualified outside investigator to investigate the circumstances of a particular complaint involving a student. For matters involving alleged or suspected sexual assault, sexual violence, domestic violence, dating violence, or stalking, the official(s) designated to conduct the investigation shall be trained in the investigation of, and other issues related to, domestic violence, dating violence, sexual assault, stalking and other misconduct covered by this Policy; shall not have a conflict of interest or bias for or against any parties involved in the potential Policy violation; and shall have received at least annual training on issues related to sexual assault, domestic violence, dating violence and stalking. Once selected, the Investigator will conduct a thorough and prompt investigation, which will include interviewing (or seeking to interview) the complainant and respondent, and identifying and locating witnesses. Interviews may take place in person, by phone or through electronic means.  Investigations may also include the gathering and analysis of physical, documentary and/or other relevant evidence.  Additionally, Complainants and Respondents may provide written statements, identify and/or present statements from fact witnesses or submit any other evidence that the investigator deems relevant.  Complainants and Respondents may have their support persons present with them during interviews and meetings conducted during the investigationTimely notice will be provided to Complainants and Respondents of all interviews/meetings at which they may/must be present, and both parties will be provided with timely and equal access to information. Investigations typically take between 25 and 40 calendar days. 

Title IX Investigative Report

After the investigation has been completed, the investigator will prepare a report containing: summaries of interviews with the Complainant, Respondent and third-party witnesses; a description and analysis of other relevant information collected, such as written statements, photographs, physical evidence, electronic records and/or forensic evidence and the supporting documentation, where appropriate; a statement of the investigator’s material findings of fact; a determination as to whether or not there is sufficient information to establish, by a preponderance of the evidence, that a violation of the College’s Sexual Discrimination and Misconduct Policy occurred and the rationale for such determination; and any other relevant information concerning the investigation and/or these procedures.

Before the report is finalized and a determination has been made, the investigator will forward to each party a summary of the party’s own interview for review.  The parties may submit any additional comments, evidence or suggested factual corrections to the investigator within three (3) calendar days of the date on which they were provided with their interview summaries. Upon receipt of any additional information from the parties, or after the three (3) calendar day period has lapsed without comment, the investigator will incorporate any additional information and make a determination as to whether there is sufficient information to establish, by a preponderance of the evidence, that a violation of the College’s Sexual Discrimination and Misconduct Policy occurred.

.

The College will notify the parties of the outcome of the investigation in accordance with the Formal Resolution Process/Notification of Outcome, above. If either the accused individual or the complainant is dissatisfied with the outcome of the investigation or the recommended disciplinary action, if any, both the complainant and the accused student(s) will be entitled to the same rights under the Student Disciplinary Procedures, as explained in the “Final Determination and Appeal” section below.

Final Determination and Appeal

Following the outcome of the investigation and any recommended disciplinary action, the Associate Dean of Students (or his or her designee) will select one of the following options in his or her discretion:  (a) the Associate Dean of Students can either hear the case himself, (b) convene a committee comprised of members of the college community to make a recommendation to him or her, or (c) appoint the committee described in (b) to make a decision.    Regardless of which option is selected, the issues to be addressed are as follows:   (a) whether a disciplinary violation has occurred, and (b) appropriate sanction(s) if a disciplinary violation has been found. The standard for determining responsibility shall be the “preponderance of the evidence” standard in accordance with the Formal Resolution Process/Standard for Determining Responsibility, above.

Appeals can be made to the Dean of Students (Vice President for Student Life).  Within 14 days after completion of the appeal process and reaching a decision regarding the appeal, the parties will be notified contemporaneously/simultaneously (to the greatest extent possible) in writing of the outcome of the appeal and the rationale for the decision.

All appeal decisions are final.

Alleged or Suspected Violations by Members of the Faculty or Staff

Complaint Process

Alleged or suspected violations of this policy by any employee of the College (other than a member of a union subject to a collective bargaining agreement) shall be resolved using the following procedure. An individual who has a complaint against an employee involving an alleged violation of this policy may contact the Title IX Coordinator, or the Dean of Students, the Associate Dean of Students, the Dean of the Faculty, the Associate Dean of the Faculty, or the Director of Personnel. All members of the College community have an obligation to make sure that any complaints involving alleged or suspected violations of this policy are directed to the administration for investigation and evaluation.

Although there is no specific time limit for reporting a suspected violation of this policy, making the complaint as promptly as possible after the date of the alleged misconduct is always encouraged. If the complainant is not comfortable preparing a written statement, he or she may be interviewed during the initial contact meeting by the administrator taking the complaint. The administrator will then prepare a written summary of the interview for signature by the complainant. The complainant will have an opportunity to review, amend, and sign the statement; however, the College will investigate all alleged or suspected violations of this policy regardless of whether a written complaint is filed. The accused will be notified of the complaint in accordance with the Formal Resolution Process/Rights of Complainants and Accused Parties, above.

Investigation, Resolution, and Appeal of Alleged or Suspected Violations by Members of the Faculty

With respect to any alleged or suspected violations of this policy by a faculty member, an investigation shall be undertaken using the following procedure. The complaint shall be investigated by a "Faculty Investigative Team" composed of the Director of Personnel and a member of the Faculty Senate chosen by the Dean of the Faculty in consultation with the Faculty Senate Chair; at the discretion of the Dean of the Faculty, and after consultation with the Faculty Senate Chair, a third investigator from the faculty or administration may be appointed. Any member of the Faculty Investigative Team, after consultation with the Dean of the Faculty, or the Dean of the Faculty, after consultation with the President, may delegate his or her responsibilities to another administrator or faculty member, where the circumstances of a particular complaint make it inappropriate for the original member of the team or the Dean to participate or where delegation seems necessary to achieve a full and fair investigation of a particular complaint. In his or her sound discretion, the Dean of the Faculty may, after consultation with the Faculty Senate Chair and President, instead employ a qualified outside investigator to investigate the circumstances of a particular complaint involving a faculty member.

For matters involving alleged or suspected sexual assault, sexual violence, domestic violence, dating violence, or stalking, the official(s) designated to conduct the investigation shall be trained in the investigation of, and other issues related to, domestic violence, dating violence, sexual assault, stalking and other misconduct covered by this Policy; shall not have a conflict of interest or bias for or against any parties involved in the potential Policy violation; and shall have received at least annual training on issues related to sexual assault, domestic violence, dating violence and stalking.

The Faculty Investigative Team or outside investigator shall investigate the circumstances of the complaint and prepare a written recommendation for the Dean of the Faculty, setting forth the team's findings as to the (a) merits of the complaint, (b) potential violation of this policy and related provisions of the Faculty Manual, and (c) range of possible sanctions. The Dean of the Faculty shall notify the complainant and the accused faculty member of the Faculty Investigative Team's or outside investigator’s recommendation in accordance with the Formal Resolution Process/Notification of Outcome, above. If either the accused faculty member or the complainant is dissatisfied with the outcome of the investigation or the recommended disciplinary action, if any, he or she will be entitled to challenge that decision using the Grievance Procedures set forth at Section 1.8.8 of the Faculty Manual, with the understanding that the complainant will be entitled to the same procedures as the accused individual. Notice regarding the outcome of such challenges shall be issued simultaneously to both parties to the extent practicable. The standard for determining responsibility shall be the “preponderance of the evidence” standard in accordance with the Formal Resolution Process/Standard for Determining Responsibility, above. Any decision rendered at the conclusion of such a grievance procedure shall be final.

Investigation, Resolution, and Appeal of Alleged or Suspected Violations by Members of the Staff

Any alleged or suspected violation of this policy by a staff member shall be resolved using the following procedure. The complaint shall be investigated by the Director of Personnel and, at the Director's discretion, an additional staff member appointed by the Director of Personnel. The Director of Personnel, after consultation with the President, may delegate his or her responsibilities in this process to another administrator of the College, where the circumstances of a particular complaint make it inappropriate for the Director to participate or where delegation seems necessary to achieve a full and fair investigation of a particular complaint. In his or her sound discretion, the Director of Personnel, after consultation with the President, may instead employ a qualified outside investigator to investigate the circumstances of a particular complaint involving a staff member. For matters involving alleged or suspected sexual assault, sexual violence, domestic violence, dating violence, or stalking, the official(s) designated to conduct the investigation shall be trained in the investigation of, and other issues related to, domestic violence, dating violence, sexual assault, stalking and other misconduct covered by this Policy; shall not have a conflict of interest or bias for or against any parties involved in the potential Policy violation; and shall have received at least annual training on issues related to sexual assault, domestic violence, dating violence and stalking.

The Director of Personnel, investigative team, or outside investigator shall investigate the circumstances of the alleged or suspected violation and prepare a written decision as to the (a) merits of the complaint, (b) conduct standard violated, if any, and (c) appropriate sanction. The Director of Personnel shall notify the accused individual and the complainant in accordance with the Formal Resolution Process/Notification of Outcome, above. The accused staff member and the complainant shall then have the right to challenge that decision using the Grievance Procedures set forth in the applicable employee manual (Administrative Staff Handbook at Section III.G; Support Staff Manual at Section III.K; UFCW Local 1546 Labor Agreement at Article 18), with the understanding that the complainant will be entitled to the same procedures as the accused individual. Notice regarding the outcome of such challenges shall be issued simultaneously to both parties to the extent practicable. The standard for determining responsibility shall be the “preponderance of the evidence” standard in accordance with the Formal Resolution Process/Standard for Determining Responsibility, above. Any decision rendered at the conclusion of such a grievance procedure shall be final.

Alleged or Suspected Violations by Persons Subject to Collective Bargaining Agreements

With respect to any alleged or suspected violations of this policy involving an employee subject to a collective bargaining agreement, the procedure employed for investigation, resolution, and appeal of such complaint shall be that set forth in the applicable collective bargaining agreement, and will be conducted in accordance with Section IV.B.1, above. Where a collective bargaining agreement does not identify a procedure applicable to discrimination, harassment, sexual harassment, or retaliation claims, the College will employ the procedure applicable to complaints against staff set forth above.

Confidentiality

The College has an independent obligation to respond to potential misconduct, which may include conducting an investigation,, even if a complainant does not want to make a written statement or "go public"; therefore, as indicated above, absolute confidentiality cannot be promised with respect to a complaint of discrimination, harassment, sexual harassment, or retaliation. The College wishes, however, to create an environment in which legitimate complaints are encouraged, while also protecting the privacy of all involved in an investigation. Complaints about violations of these policies will therefore be handled in strict confidence, with facts made available only to those who need to know in order for the College to promptly and thoroughly investigate and resolve the matter. Consistent with the College’s obligations under the Clery Act and the Campus SaVE Act (discussed above), identifying information regarding complainants will not be included in any Timely Warnings or other publicly-available records.

Academic Freedom

Monmouth College is committed to the principles of free inquiry and free expression. The College's Policy Prohibiting Discrimination, Harassment, and Retaliation is not intended to stifle this freedom, nor will it be permitted to do so. Prohibited discrimination, harassment, and retaliation, however, are neither legally protected expression nor the proper exercise of academic freedom, and such conduct is incompatible with the values of this College. To ensure that academic freedom considerations are properly considered in any investigation and resolution of a complaint, the Faculty Senate Chair will be consulted and a faculty member will be added to the investigative team for any complaint that appears to raise questions about academic freedom or appropriate pedagogy.

Outside Remedies

Members of the Monmouth College community are always subject to local, state, and federal laws, and nothing in these procedures is intended to limit or postpone the right of an individual to file a complaint or charge with appropriate federal, state, or local departments or agencies. An individual is not required to use this complaint resolution procedure before pursuing other remedies.

Questions

Questions regarding the College's Policy Prohibiting Discrimination, Harassment, and Retaliation or these Procedures should be directed to the Title IX Coordinator, or to the Dean of Students, the Associate Dean of Students, the Dean of the Faculty, the Associate Dean of the Faculty, or the Director of Personnel.

Illinois Department of Human Rights Information

A student, faculty or staff member also has the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) about filing a formal complaint. An IDHR 6 complaint must be filed within 180 days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC must be filed within 300 days. In addition, an appeal process is available through the Illinois Human Rights Commission, (IHRC) after IDHR has completed its investigation of the complaint.

Where the employing entity or educational institution has an effective sexual harassment policy in place and the complaining student, faculty or staff fails to take advantage of that policy and allow the employer or educational institution an opportunity to address the problem, such a student, faculty or staff may, in certain cases, lose the right to further pursue the claim against the employer.

Administrative Contacts

  • Illinois Department of Human Rights (IDHR)
    • Chicago: 312-814-6200 or 800-662-3942
    • Chicago TTY: 866-740-3953
    • Springfield: 217-785-5100
    • Springfield TTY: 866-740-3953
    • Marion: 618-993-7463
    • Marion TTY: 866-740-3953
  • Illinois Human Rights Commission (IHRC)
    • Chicago: 312-814-6269
    • Chicago TTY: 312-814-4760
    • Springfield: 217-785-4350
    • Springfield TTY: 217-557-1500
  • United States Equal Employment Opportunity Commission (EEOC)
    • Chicago: 800-669-4000
    • Chicago TTY: 800-869-8001

An employee, who is suddenly transferred to a lower paying job or passed over for promotion after filing a complaint with IDHR or EEOC, may file a retaliation charge, also due within 180 days (IDHR) or 300 days (EEOC) of the alleged retaliation.

An employee who has been physically harassed or threatened while on the job may also have grounds for criminal charges, such as assault or battery.

Supplemental Information

The Monmouth College Policy Prohibiting Discrimination, Harassment and Retaliation prohibits, among other acts, the offenses of sexual assault, stalking, domestic or dating violence. Included in the links below is the following information:

  • The definition and jurisdiction of these offenses (State of Illinois);
    • Sexual Assault:  A person commits criminal sexual assault if that person commits an act of sexual penetration and (1) uses force or threat of force (2) knows the victim lacks capacity to give consent, (3) is a family member of the victim and the victim is under 18 years old, (4) is at least 17 years old, holds a position of authority or trust over the victim, and the victim is between 13 and 18 years old.
    • Sexual Violence:  Physical sexual acts attempted or perpetrated against a person’s will or when a person is incapable of giving consent, including without limitation rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
    • Stalking:  Knowingly and without lawful justification follows or surveils another on at least 2 separate occasions and threatens or places in reasonable apprehension. Aggravated stalking is stalking in conjunction with causing bodily harm, confining or restraining victim or violating court order or injunction.
    • Domestic/Dating violence: Any person, who hits, chokes, kicks, threatens, harasses, or interferes with the personal liberty of another family or household member. Under Illinois law family or household members are defined as: family members related by blood; people who are married or used to be married; people who share or used to share a home, apartment, or other common dwelling; people who have or allegedly have child in common or a blood relationship through a child in common; people who are dating or engaged or used to date, including same sex couples; and people with disabilities and their personal assistants.
  • Procedures a complainant should follow if sexual assault, stalking, domestic or dating violence as described in this policy has occurred;
  • The definition of consent in reference to sexual activity;
  • Information about confidentiality;
  • A description of safe and positive options for bystander intervention to prevent harm when there is a risk of sexual violence against another;
  • Information on risk reduction to recognize warning signs of abusive behavior;
  • Procedures a complainant can follow if a victim of sexual assault, stalking, domestic or dating violence;
  • Possible sanctions and protective measures the College may impose following a final; determination of a violation of College policy regarding sexual assault, stalking, domestic or dating violence;
  • Procedures for College disciplinary action in cases of alleged sexual assault, stalking, domestic or dating violence;
  • Information about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services for student and employee complainants both within the and in the community;
  • Note that, regardless of whether the complainant chooses to report the crime to security or local law enforcement, the College can provide available reasonable accommodation options and assistance with changing academic, living, transportation and working situations or other protective measures;
  • Note also that a complainant who reports to the College that he/she has been a victim of sexual assault, stalking, domestic or dating violence whether on or off campus will be provided a written explanation of rights and options;
  • Publically-available recordkeeping regarding complaints will not include any identifying information about the complainant to the extent permissible by law. Additionally, the College will maintain as confidential any accommodation measures provided to the complainant, to the extent that maintaining such confidentially would not impair the ability of the College to provide the accommodations or protective measures.

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