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Policy 1.2(O). Hostile Educational Environment Sexual Harassment
It is the policy of the University to maintain an educational environment free of sexual harassment for students. Sexual harassment is contrary to the standards of the University community and a barrier to fulfilling the University's scholarly, research, educational, and service missions.
Sexual harassment is defined by federal law as the following:
- An employee of the University Laboratory School or Illinois State University conditions the provision of aid, benefit, or service of the school on an individual’s participation in unwelcome sexual conduct;1 or
- Any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a person equal educational access; or
- Any instance of sexual assault as defined in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), and dating violence, domestic violence or stalking as defined in the Violence Against Women Act (VAWA).2
For the purposes of this policy, equal education access applies to all persons admitted for enrollment at or through the University or University Laboratory Schools, both full-time and part-time, pursuing undergraduate or graduate degrees as well as certificate and other educational programs, and K-12 students enrolled at University Laboratory Schools. Individuals are still considered students for the purpose of this policy between academic sessions, until such time that a student’s degree has been awarded.
The University has jurisdiction over a Respondent when the Respondent is enrolled as a student of the University and whenever the conduct that could constitute sexual harassment occurs in connection with a University-related program or activity. Federal law defines “program or activity” as locations, events, or circumstances over which the University exercises substantial control over both the Respondent and the context of the harassment. This also includes any building owned or controlled by a recognized student organization, such as fraternities and sororities.
Any student or their parent/guardian who feels they have experienced harassment and/or discrimination on the basis of sex (including sexual harassment, sexual assault, domestic violence, dating violence, or stalking) can report the alleged conduct to the University, or if enrolled as a student at the University Laboratory Schools, to any school official who will fulfill necessary reporting obligations. Third parties that have knowledge of possible sexual harassment of others and are not mandated to report, are still encouraged to report to the same sources. Once the University has received information related to a potential policy violation, written notice will be sent promptly to the Complainant outlining the availability of supportive measures along with information on how to file a formal complaint in order to prompt an investigation.
1 Complaints under this definition will be reviewed pursuant to University Procedure 1.2.2 or 1.2.4.
2 For the purposes of this policy, alleged instances of sexual assault, dating violence, domestic violence, and stalking are not evaluated for severity, offensiveness or denial of equal education or activity access, as a one-time occurrence can be sufficiently serious to deprive a person of equal education access.
Dismissal of a Formal Complaint
Mandatory Dismissal
If the conduct alleged in the formal complaint would not constitute sexual harassment, as defined above, even if proven, did not occur in the recipient’s education program or activity, or did not occur against a person in the United States, then the University must dismiss the formal complaint with regard to that conduct for the purposes of sexual harassment as defined under Federal law. However, such a dismissal does not preclude action under another University procedure.
Discretionary Dismissal
The University may dismiss the formal complaint or any allegations therein, if at any time during the investigation or hearing: a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; the Respondent is no longer enrolled or employed by the University; or specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein. Upon a dismissal required or permitted under this section, the University will promptly send written notice of the dismissal and reason(s) therefore simultaneously to the parties. In the event a formal complaint is dismissed on a discretionary basis, both parties may appeal the decision.
Such a dismissal does not preclude the University from proceeding with action under Policy 1.2(P). Sexual Misconduct/Violence, Domestic Violence, Dating Violence, and Stalking, and/or additional provisions from the Code of Student Conduct.