Policy Relating to Gender-based or Sexual Misconduct, Domestic Violence, Dating Violence, Sexual Assault, and Stalking

Members of the Kishwaukee College community, guests, and visitors have the right to be free from gender-based or sexual misconduct, as well as from domestic violence, dating violence, sexual assault, and stalking.  The behaviors defined in this document will not be tolerated on campus.  All misconduct is further defined with other relevant terms below.

Within its text or by links to pertinent cited documents posted on the College website, this policy provides detailed definitions; requires preventative programs; identifies sanctions and protective measures that the College may impose in response to prohibited misconduct; describes procedures to be followed by victims of gender-based or sexual misconduct; domestic or dating violence, sexual assault or stalking; explains procedures for institutional discipline with respect to these offenses; informs readers about how the College will protect victims’ confidentiality; requires written notice to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims on campus and in the community, and to victims about options for and assistance which is available to change academic, living, transportation and work situations if so requested by the victim and if such accommodations are reasonably available.

These component parts of the policy are provided to ensure that the campus community is knowledgeable about subjects including:

  • what types of behaviors constitute gender-based or sexual misconduct, domestic violence, dating violence, sexual assault, and stalking.
  • how to report such offenses;
  • procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred,
  • ways to prevent or reduce the incidence of these behaviors;
  • disciplinary procedures for and potential consequences of engaging in such misconduct;

Definitions

I.     DEFINITIONS

  1. Gender-based or Sexual Misconduct
  2. Gender-based or sexual misconduct may occur between individuals or groups of individuals of any sexual orientation or actual or perceived gender identity. Forms of gender-based or sexual misconduct include:

    1. Sexual harassment:  Unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies, or limits a person’s ability to participate in or benefit from College educational programs or activities.
    2. Sexual Assault:  Rape, fondling, incest or statutory rape.
    3. Non-Consensual Sexual Contact:  Any intentional sexual touching, however slight and with any object or body part, that is without consent (as defined below) and/or is accomplished by force or coercion. This includes sexual assault, as defined in I.D. below, and intentional contact with breasts, buttocks, groin, mouth, or genitals, as well as any other intentional bodily contact that occurs in a sexual manner.
    4. Non-Consensual Sexual Intercourse:  Any sexual penetration or copulation, however slight and with any object or body part, which is without consent and/or by force, including sexual assault as defined in I.D. below.  Intercourse includes anal or vaginal penetration by a penis, object, tongue, or finger, and oral copulation (mouth and genital/anal contact), no matter how slight the penetration or contact.
    5. Sexual Exploitation:  Taking non-consensual or abusive sexual advantage of an individual to benefit anyone other than the person being exploited.  Examples include: invading privacy, video or audio recording sexual acts without consent, knowingly transmitting a Sexually Transmitted Infection (STI), sexually-based stalking or bullying, or exposing one’s genitals.
    6. Other Gender-Based Misconduct:  Physical harm, extreme verbal abuse, or other conduct that threatens the health or safety of any person on the basis of actual, expressed, or perceived gender identity, including:
      1. Discrimination: Actions that deprive others of access, benefits, or opportunities based on irrelevant criteria
      2. Hazing: Acts likely to cause physical or psychological harm or social exclusion or humiliation
      3. Bullying:  Repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or degrade another person physically or mentally and/or comparably personal and private relationship
      4. Stalking:  As defined in paragraph I.E., below if the stalking activity is based on actual, expressed or perceived gender identity.
    7. Consent is defined as permission to act. It may be given by words or actions, so long as those words or actions create clear, mutually understood permission to engage in (and the conditions of) sexual activity. Consent must be:
      • Active, not passive. Silence, in and of itself, cannot be interpreted as consent. There is no requirement that an individual resist a sexual act or advance, but resistance is a clear demonstration of non-consent. It is the responsibility of the initiator of the act to receive permission for the specific act. As a result, consent may be requested and given several times by multiple parties during a sexual encounter involving multiple acts.
      • Given freely.  A person cannot give consent under force, threats, or unreasonable pressure (coercion). Coercion includes continued pressure after an individual has made it clear he/she does not want to engage in the behavior.
      • Provided knowingly.  A person must be of legal age (17 years old in Illinois) to give consent. Legally valid consent to sexual activity cannot be given by an individual who is known to be (or based on the circumstances should reasonably be known to be) mentally or physically incapacitated. An incapacitated individual is someone who cannot make rational, reasonable decisions because he or she lacks the capacity to understand the "who, what, when, where, why, or how" of a sexual interaction. This includes a person whose incapacity results from mental disability, sleep, involuntary physical restraint, unconsciousness, or use of alcohol or other drugs.
      • Specific.  Permission to engage in one form of sexual activity does not imply consent to future sexual acts.
  3. Domestic Violence
    Domestic violence means a felony or misdemeanor crime of violence committed by
    1. the victim’s current or former spouse or intimate partner
    2.  a person with whom the victim shares a child in common,
    3. a person cohabitating with or who has cohabitated with the victim as a spouse or intimate partner,
    4. a person similarly situation to a spouse of the victim, under the domestic or family violence laws of Illinois, or
    5. 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 Illinois.
  4. Dating Violence
  5. Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, with the existence of such a relationship to be determined based on consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the individuals involved.

  6. Sexual Assault

    Sexual assault is an offense that meets the definition of rape, fondling, incest or statutory rape as used in the Federal Bureau of Investigation’s Uniform Crime Reporting System.

  7. Stalking

    Stalking means engaging in a course (pattern) of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or to suffer substantial emotional distress.

II.     PREVENTATIVE PROGRAMS

The College shall provide educational programs to promote awareness of the offenses of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking.  The programs shall consist of but not be limited to:

  1. Primary Prevention and Awareness Programs
    These programs shall be for all incoming students and new employees, and shall include
    1. a statement that the College prohibits the offenses of gender-based or sexual misconduct, domestic violence, dating violence, sexual assault, and stalking;
    2. Illinois’ definition of each of the foregoing offenses;
    3. Illinois’ definition of consent, in reference to sexual activity;
    4. safe and positive options for bystander intervention that an individual may carry out to prevent harm or to intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against another person;
    5. information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and
    6. the information described in Parts III and IV of this policy, below.
  2. Ongoing Prevention and Awareness Campaigns for Students and Faculty
    These campaigns shall include the information described in II.A.1. through II.A.6, above.

III.    SANCTIONS AND/OR PROTECTIVE MEASURES TO ADDRESS MISCONDUCT
                                       
Upon a final determination in a College disciplinary proceeding that a student charged with committing rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking in violation of the Kishwaukee College Student Code of Conduct has committed the charged violation(s), that student shall be subject to the full range of “Sanctions for Prohibited Misconduct Other Than Academic Dishonesty”, provided for in the Code of Conduct.

These potential sanctions include protective measures such as restrictions on the student’s access to specified locations or facilities on the College campus, and no-contact orders prohibiting the student from contacting or attempting to contact or communicate with, by any means, the complainant who brought the charges which resulted in the student’s eligibility for sanctions, or other members of the College community as may be appropriate under the circumstances of a particular case. The Student Code of Conduct also provides that, prior to completion of disciplinary proceedings, the College may impose interim protective measures including access restrictions and no-contact orders as a condition of the student’s continued attendance while disciplinary proceedings are pending.

IV.       REPORTING OF AND RESOURCES FOR VICTIMS OF GENDER-BASED                               SEXUAL MISCONDUCT

  1. Reporting Allegations of Gender-Based Sexual Misconduct
    A person who believes he or she has been subjected to gender-based or sexual misconduct by a student or students may file a complaint alleging violation(s) of the Student Code of Conduct.  A person who believes he or she has been subjected to such misconduct by a College employee (faculty or staff) may file a complaint through the Human Resources Office.

    Reasons why an individual may wish to formally report gender-based or sexual misconduct include:
    • To seek formal action against someone, such as removing them from a class or campus, or putting a letter in their file;
    • To educate the person who is the subject of the report about why his or her behavior is improper, through use of the campus conduct or complaint process;
    • To make the College aware of the behavior in case it is part of a larger pattern of misconduct affecting others in the College community;
    • To obtain assistance in changing classes or other on-campus arrangements; and/or
    • To receive support in coping with a situation.

Additional or interim remedies such as mediation may also be provided concurrently with or in lieu of an investigation or student conduct proceeding. Mediation will not ordinarily be used to resolve sexual assault complaints. Individuals may choose to seek action or assistance both on campus as well as through the community.

To Report Confidentially

If concerned to keep details of the incident confidential, an individual who wishes to report allegations of gender-based sexual misconduct may speak with on-campus mental health counselors or off-campus rape crisis resources who are legally entitled to maintain the confidentiality of your communications with them in almost all situations. Campus counselors are available to help the reporting party free of charge, and can be seen on an emergency basis. Another alternative is to contact members of the clergy and chaplains off campus, who will also keep reports made to them confidential. This option may be of interest to an individual who:

  • Would like to know about support and assistance, but is not sure that he or she wants to pursue formal action against the individual, or
  • Has questions or would like to process what happened with a counselor, without involving police or campus disciplinary procedures.

NOTE:  Please be aware that even confidential resources have obligations to report, such as in situations of imminent danger and/or sexual abuse of a minor.

Other Sources Which Can Maintain the Confidentiality of the Report

A victim of gender-based or sexual misconduct can seek advice from certain sources which are not required to tell anyone else about his or her private, personally identifiable information unless there is cause for fear for the victim’s safety, or the safety of others. These include College employees whose job responsibilities do not entail supervising other employees or authority to investigate, discipline, or provide remedies for sexual misconduct, such as faculty members, advisors to student organizations, career services staff, admissions officers, or student activities personnel. If uncertain about an employee’s duties and ability to maintain the confidentiality of the report, inquiry should be made of the employee before providing details of the situation. If that employee does not believe that he or she can keep the information, he or she may be able to provide contact information for another staff member who is in a position to do so.

Some of these resource personnel are instructed to share incident reports with their supervisors, but will not share personally identifiable information about a report unless the reporter gives permission, except in the rare event that the incident reveals a need to protect the reporter or other members of the community.  If personally identifiable information is shared, it will be shared on a need-to-know basis with as few people as possible, and efforts will be made to protect the privacy of the victim (or other reporter of the information).  This option may be useful if the victim:

  • Is not sure he or she want to pursue criminal or campus action, but has questions;
  • Would like his or her experience to be included in the annual statistics about sexual misconduct incidents that occur on the College’s campus
  • Would like a low level of support, such as switching to a different section of an instructor’s course or seeing a different advisor.

NOTE:  While these individuals are not required to report the victim’s identity, they may choose to do so in an effort to best assist the victim.

Non-confidential reporting options

The College prefers to investigate and address gender-based and sexual misconduct.  Therefore, the College encourages making formal reports of such incidents to campus police; deans, directors, or other administrators with supervisory responsibilities; the Office of Student Services, or the Office of Human Resources. Notice to these College individuals or entities is official notice to the institution. The College will investigate formal reports of sexual misconduct, and resolve and address such misconduct charges through administrative procedures.

When a formal report of sexual misconduct is made, only people who need to know will be told of the report, and information concerning it will be shared only as necessary with investigators, witnesses, and the accused individual.  Please be aware that filing of a formal report may result in the victim’s (or other reporter’s) identity becoming known to the person or persons complained of, due to the circumstances and details of the incident.  Nonetheless, this option should be considered if the victim:

  • Would like formal action taken against the individual(s) involved.   Formal action can include College assistance in obtaining a restraining order, order of protection, filing criminal charges, or student discipline or employment action if the individual is found to have violated Student Conduct Code provisions, or College employment policies or rules.
  • Would like the College to be on notice of the alleged gender-based or sexual misconduct, in case it happens again or may be part of a pattern of such misconduct.

To learn more about the campus conduct process or what is involved in an investigation or formal report, please contact the Dean of Student Services.

Title IX Compliance

The Title IX Coordinator(s) oversee the College’s investigation and response to reports of gender-based and sexual misconduct.  Students who wish to submit a complaint relating to discrimination or harassment may do so by reporting the concern to:

Nancy Partch                                                            John Acardo
Dean, Student Services                                         Director, Human Resources
Kishwaukee College                                              Kishwaukee College
21193 Malta Rd.                                                      21193 Malta Rd.
Malta, IL 60150                                                        Malta, IL 60150
815-825-2086 ext. 2610                                      815-825-2086 ext. 2203

Students with complaints of this nature also have the right to file a formal complaint with the United States Department of Education:

Office for Civil Rights (OCR)
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012

  1. Resources for Victims of Gender-Based or Sexual Misconduct

The College’s first concern for an individual who has been the target of any act of sexual violence or other sexual misconduct, is that person’s safety and well-being.  In addition to resources offered on campus by the College for students who have been affected by sexual misconduct, services are available off campus through local community agencies.

On Campus

There are formal support options for a person who is unsure about whether to proceed with formal action (such as filing a police report or reporting the incident to the College), while he or she weighs that decision. The College’s Counseling Center is a good place to start, and is a confidential resource.

            Counseling Center             C2110     815-825-2086 ext. 5070

Local Community:

The following resources are not affiliated with the College but may be helpful, especially in assisting individuals who have various needs not directly related to their educational program and experiences at the College:

Police Department Emergency Dial 9-1-1
DeKalb Crisis Line (866) 242-0111
DCFS Child Abuse: Child Abuse Hotline (800) 252-2873
Domestic Violence: Safe Passage 24-Hour Hotline (800) 756-5228
Rape Crisis and Abuse: 24-Hour Rape Hotline (800) 656-4673
Sexual Assault and Abuse: Sexual Assault Hotline (815) 758-7922
Suicide Hotline: 24-Hour Suicide Hotline (1-800-SUICIDE) (800) 784-2433
National Hotlines
National Center for Victims of Crime (800) 394-2255
National Domestic Violence Hotline (800) 799-SAFE
National Sexual Assault Hotline (800) 656-HOPE
HOPE of Ogle County (815)562-8890
Rockford Sexual Assault (800)564-8441

 

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