SEX-BASED HARASSMENT POLICY (effective August 1, 2024)

 

Section 1: Statement of Purpose

Illinois Wesleyan University (“University” or “IWU”) is committed to creating, fostering, and maintaining an environment that is free  from discrimination based on sex, gender, and all forms of Sex-Based Harassment (defined fully in Appendix A along with all other capitalized terms).  Sex-Based Harassment includes quid pro quo harassment, hostile environment harassment, sexual assault, dating violence, domestic violence and stalking.  IWU has adopted Title IX grievance procedures that provide for the prompt and equitable resolution of Complaints made by students, employees, or other individuals who are participating in, or attempting to participate in, its education programs or activities, or Complaints initiated by the Title IX Coordinator.  These grievance procedures address Complaints of Sex-Based Harassment. This document sets forth Illinois Wesleyan University’s policy regarding Sex-Based Harassment (the “Policy”) in compliance with the provisions of Title IX of the Education Amendment of 1972, as well as Title VII of the Civil Rights Act of 1964,  the 2013 Clery Amendments, the Illinois Human Rights Act, and the Illinois Preventing Sexual Violence in Higher Education Act.

 

Section 2:  Prohibition of Sex-Based Harassment

IWU prohibits all acts of Sex-Based Harassment and IWU does not tolerate discrimination on the basis of sex or gender in its educational programs and activities, including employment and admission. IWU is dedicated to prohibiting such conduct in all aspects of university life consistent with the University’s Mission and Vision Statement, as well as all applicable State and Federal laws. Complaints of Sexual Misconduct will be handled under this Policy.

 

Section 3: Title IX Coordinator / Deputy Coordinators

The Title IX Coordinator and Deputy Coordinators are:

 

Karla Carney-Hall VP Student Affairs & Dean of Students Interim Title IX Coordinator Email: kcarneyh@iwu.edu 309-556-3111 Holmes Hall 103	Rebecca Roesner Associate Provost and Deputy Coordinator Email: rroesner@iwu.edu 309-556-3667 Holmes Hall 211A
Kyle Griffith Dean of Students for Campus Life and Deputy Coordinator Email: kgriffit@iwu.edu 309-556-3111 Holmes Hall 103A	Dakesa Piña VP of DEI and Deputy Coordinator Email: dpina@iwu.edu 309-556-3907 Hansen 201A

 

Questions, concerns, or complaints about the Title IX Coordinator may be made to the President of IWU at president@iwu.edu. Any references to the Title IX Coordinator in this Policy shall also include any individual designated by the Title IX Coordinator (each a Title IX Designee). 

 

Section 4: Complaint of Sex-Based Harassment

 

1. The following people have a right to make a Complaint of Sex-Based Harassment, for incidents that occur on or after August 1, 2024, requesting that IWU investigate and make a determination about alleged Sex-Based Harassment under Title IX: (i) a “Complainant” which includes: (a) a student or employee of IWU who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment under Title IX; or (b) a person other than a student or employee of IWU who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment under Title IX at a time when that individual was participating or attempting to Participate in IWU’s educational program or activity; or (ii) a parent, guardian, or other authorized legal representative with the legal right to act on behalf of the Complainant; or (iii) the University’s Title IX Coordinator.
   
   
2. A Complaint of Sex-Based Harassment may be made to the Title IX Coordinator, a Title IX Deputy Coordinator, or any University employee that is not a Confidential Employee. IWU requires all employees who are not Confidential Employees to notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute Sex-Based Harassment under Title IX.
   
   
3. A student Complainant or Respondent may speak with a Confidential Employee for confidential support.  An employee Complainant or Respondent may utilize the Employee Assistance Program as a confidential resource.  A list of IWU’s Confidential Employees for students may be found here.  IWU requires that Confidential Employees explain to any person who informs the Confidential Employee of conduct that reasonably may constitute Sex-Based Harassment: (i) the employee’s status as confidential for purposes of this Policy, including the circumstances in which the employee is not required to notify the Title IX Coordinator about conduct that reasonably may constitute Sex-Based Harassment; (ii) how to contact the Title IX Coordinatorand how to make a Complaint of Sex-Based Harassment; and (iii) that the Title IX Coordinatormay be able to offer and coordinate supportive measures, as well as initiate an informal resolution process or an investigation under the grievance procedures.
   
   
4. IWU may consolidate Complaints of Sex-Based Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations of Sex-Based Harassment arise out of the same facts or circumstances. When more than one Complainant or more than one Respondent is involved, references below to a Party, Complainant, or Respondent include the plural as applicable.
   
   
5. With respect to any instances of Sex-Based Harassment that involve the use of drugs or alcohol, it is IWU’s position that the use of drugs or alcohol never makes a victim at fault for such Sex-Based Harassment. A primary concern of IWU is each individual’s safety, and as such IWU shall grant immunity to any victim or third party bystander who reports, in good faith, an alleged violation of this Policy, so that the reporting person will not receive a disciplinary sanction for a policy violation, such as underage drinking, that is revealed in the course of such a report, unless IWU determines that the violation was egregious, including without limitation an action that places the health or safety of any other person at risk.

 

Section 5:  Basic Requirements of Title IX Grievance Procedures

1. IWU requires that any Title IX Coordinator, investigator, or decision-maker not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. 
   
   
2. IWU presumes that the Respondent is not responsible for the alleged Sex-Based Harassment until a determination is made at the conclusion of its grievance procedures.
   
   
3. IWU has established the following approximate timeframes for the major stages of the grievance procedures.  An estimated timeline will be provided to parties at the beginning of the investigation.
   • Pre-investigation (receipt of complaint; review/dismissal of complaint; notification of complaint):  approximately 8 business days
   • Investigation: approximately 40 business days
   • Determination: approximately 20 business days
   • Appeal: approximately 8 business days
     
     The University reserves the right to modify the above timeframes as it determines in its sole discretion.
     
     
4. IWU will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures.  These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for and participate in the grievance procedures.  The parties may not engage in retaliation, including against witnesses.
   
   
5. IWU will objectively evaluate all evidence that is Relevant and not otherwise impermissible – including both inculpatory and exculpatory evidence.  Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness. The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by IWU to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are Relevant: (i) evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a Confidential Employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality; (ii) a Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provisions of treatment to the Party or witness, unless IWU obtains that Party’s or witness's voluntary, written consent for use in its grievance procedures; and (iii) evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged Sex-Based Harassment.  The fact of prior consensual sexual conduct between the Complaint and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged Sex-Based Harassment or preclude determination that Sex-Based Harassment occurred. 

 

Section 6: Written Notice of Allegations of Sex-Based Harassment

Once the Complainant has elected to move forward with an investigation and the Title IX Coordinator has determined that the alleged behavior would constitute sex-based harassment, IWU will notify the parties in writing of the following with sufficient time for the parties to prepare a response before any initial investigative interview:

1. IWU’s Sex-Based Harassment Policy and any informal resolution process;
   
   
2. Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute Sex-Based Harassment, and the date(s) and location(s) of the alleged incident(s);
   
   
3. Retaliation is prohibited;
   
   
4. The Respondent is presumed not responsible for the alleged Sex-Based Harassment until a determination is made at the conclusion of the grievance procedures.  Prior to such a determination, the parties will have the opportunity to present Relevant and not otherwise impermissible evidence to a trained, impartial decision maker;
   
   
5. The parties may have an advisor of their choice who may be, but is not required to be, an attorney.
   
   
6. The parties are entitled to an equal opportunity to access the Relevant and not otherwise impermissible evidence or an investigative report that accurately summarizes this evidence.  If IWU provides access to an investigative report: the parties are entitled to an equal opportunity to access the Relevant and not impermissible evidence upon the request of any Party; and
   
   
7. Section P of IWU’s Student Code of Conduct, and Section VI. A. of the Staff Employee Handbook prohibit knowingly making false statements or knowingly submitting false information during the grievance procedures. 

If, in the course of an investigation, IWU decides to investigate additional allegations of Sex-Based Harassment by the Respondent towards the Complainant that are not included in the written notice or that are included in a consolidated Complaint, it will provide written notice of the additional allegations to the parties. 

 

Section 7: Dismissal of a Complaint

1. IWU may dismiss a Complaint if: (i) IWU is unable to identify the Respondent after taking reasonable steps to do so; (ii) the Respondent is not participating in IWU’s education program or activity and is not employed by IWU; or (iii) IWU determines the conduct alleged in the Complaint, even if proven, would not constitute Sex-Based Harassment under Title IX.  Before dismissing the Complaint, IWU will make reasonable efforts to clarify the allegations with the Complainant.
   
   
2. Upon dismissal, IWU will promptly notify the Complainant in writing of the basis for the dismissal.  If the dismissal occurs after the Respondent has been notified of the allegations, then IWU will notify the parties simultaneously in writing. 
   
   
3. IWU will notify the Complainant that a dismissal may be appealed on the bases outlined in Section 11 (Appeals).  If dismissal occurs after the Respondent has been notified of the allegations, then IWU will also notify the Respondent that the dismissal may be appealed on the same bases.  If a dismissal is appealed, IWU will follow the procedures in Section 11 (Appeals).
   
   
4. When a Complaint is dismissed, IWU will, at a minimum: (i) offer supportive measures to the Complainant as appropriate; (ii) if the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and (iii) take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that Sex-Based Harassment does not continue or recur within IWU’s education program or activity. 

 

Section 8: Investigation

1. IWU will provide for adequate, reliable and impartial investigation of Complaints.  The burden is on IWU, not the parties, to conduct an investigation that gathers sufficient evidence to determine whether Sex-Based Harassment occurred.  IWU will provide a Party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the Party to prepare to participate.
   
   
2. IWU will provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.  IWU will not limit the choice or presence of the advisor for the Complainant or Respondent in any meeting or proceeding.  For purposes of this Policy, the role of the advisor, for both the Complainant and Respondent, is limited to the following: (a) the advisor may attend any interview or meeting connected with the grievance process that is attended by the Complainant or Respondent the advisor is advising, but said advisor may not actively participate in interviews nor provide testimony or argue on behalf of the Party; (b) the advisor may attend the live hearing and may conduct cross-examination of the other Party and any witness at the hearing; otherwise the advisor may not actively participate in the hearing; (c) the advisor may not be a fact, expert, or character witness for either the Complainant or Respondent; (d) the advisor may not be the Title IX Coordinator, the Title IX Deputy Coordinator, nor any individual involved with the administration of the grievance process. IWU may establish other restrictions regarding the extent to which an advisor may participate in the grievance process and hearing so long as said additional restrictions apply equally to both Complainant and Respondent.
   
   
3. IWU will provide the parties with the same opportunities, if any, to have people other than the advisor of the parties’ choice present during any meeting or proceeding.
   
   
4. IWU will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are Relevant and not otherwise impermissible.
   
   
5. IWU will review all evidence gathered through the investigation and determine what evidence is Relevant and what evidence is impermissible regardless of relevance.
   
   
6. IWU will provide each Party and the Party’s advisor, if any, with an equal opportunity to access the evidence that is Relevant to the allegations of Sex-Based Harassment and not otherwise impermissible, in the following manner: (i) IWU will provide an equal opportunity to access either the Relevant and not otherwise impermissible evidence, or the same written investigative report that accurately summarizes this evidence.  If IWU provides access to an investigative report: IWU will further provide the parties with an equal opportunity to access the Relevant and not otherwise impermissible evidence upon the request of the Party; (ii) in advance of the live hearing, IWU will provide a reasonable opportunity to review and respond to the evidence or the investigative report;; and (iii) IWU will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures.

 

Section 9: Decisionmakers / Live Hearing / Questioning the Parties and Witnesses

1. The following sets forth the decisionmaker for Complainants involving faculty, staff, or student respondents:
   1. Faculty member Respondent. The grievance procedures for faculty members (including Adjunct Professors) can be found in the Faculty Handbook, Chapter VI.
   2. Staff member Respondent. The grievance procedures for non-exempt staff members can be found in the Non-Exempt Staff Handbook. The grievance procedures for exempt staff members can be found in the Exempt Staff Handbook.
   3. Student Respondent. The grievance procedures for students can be found in the Student Handbook and (http://www.iwu.edu/judicial/SexualOffenses.html).
   4. The decision-maker(s) cannot be the Title IX Coordinator, Title IX Deputy Coordinators, or the investigator(s). All decision-makers will receive the training required by the Title IX regulations.
   5. Notwithstanding any other University policies applicable to the decision maker(s) (i.e., Faculty Handbook) the provisions of this Policy will control the grievance process.
      
      
2. IWU will conduct a live hearing with the parties physically present in the same geographical location, or, at IWU’s discretion or upon the request of either Party, will conduct the live hearing with the parties physically present in separate locations with technology enabling the decisionmaker and parties to simultaneously see and hear the Party or witness while that person is speaking.  IWU will create an audio or audiovisual recording or transcript of any live hearing and make it available to the parties for inspection and review.
   
   
3. IWU will provide a process that enables the decision maker to question parties and witnesses to adequately access a Party’s or witness’s credibility to the extent credibility is both in dispute and Relevant to evaluating one or more allegations of Sex-Based Harassment.  IWU’s process for proposing and asking Relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including challenging credibility, will allow the decision maker to ask such questions, and either: (i) allow each Party to propose such questions that the Party wants asked of any Party or witness and have those questions asked by the decision maker, subject to the procedures for evaluating and limiting questions discussed below; or (ii) allow each Party’s advisor to ask any Party or witness such questions, subject to the procedures for evaluating and limiting questions discussed below.  Such questioning will never be conducted by a Party personally.  If a Party does not have an advisor to ask questions on their behalf, IWU will provide the Party with an advisor of IWU’s choice, without charge to the Party, for the purpose of advisor-conducted questioning.  In those instances, IWU will not appoint a Confidential Employee and may appoint, but is not required to appoint, an attorney to serve as an advisor.
   
   
4. The decisionmaker will determine whether a proposed question is Relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not Relevant or otherwise impermissible.  Questions that are unclear or harassing of the Party or witness being questioned will not be permitted.  The decision maker will give a Party an opportunity to clarify or revise a question that the decisionmaker determines is unclear or harassing.  If the Party sufficiently clarifies or revises the question, the question will be asked.
   
   
5. The decision maker may choose to place less or no weight upon statements by a Party or witness who refuses to respond to questions deemed Relevant and not impermissible.  The decision maker will not draw an inference about whether Sex-Based Harassment occurred based solely on a Party’s or witness’s refusal to respond to such questions.

 

Section 10:  Determination Whether Sex-Based Harassment Occurred

Following an investigation and evaluation of all Relevant and not otherwise impermissible evidence, IWU will:

1. Use the preponderance of the evidence standard of proof to determine whether Sex-Based Harassment occurred.  The standard of proof requires the decisionmaker to evaluate Relevant and not otherwise impermissible evidence for its persuasiveness.  If the decision maker is not persuaded under the applicable standard by the evidence that Sex-Based Harassment occurred, whatever the quantity of the evidence is, the decision maker will not determine that Sex-Based Harassment occurred.
   
   
2. Notify the parties simultaneously in writing of the determination regarding whether Sex-Based Harassment occurred under Title IX including: (i) a description of the alleged Sex-Based Harassment; (ii) information about the policies and procedures that IWU used to evaluate the allegations; (iii) the decision maker's evaluation of the Relevant and not otherwise impermissible evidence and determination whether Sex-Based Harassment occurred; (iv) when the decision maker finds that Sex-Based Harassment occurred, any Disciplinary Sanctions IWU will impose on the Respondent, whether Remedies other than the imposition of Disciplinary Sanctions will be provided by IWU to the Complainant, and, to the extent appropriate, other individuals identified by IWU to be experiencing the effects of the Sex-Based Harassment; and (v) IWU’s procedures and permissible bases for the Complainant and Respondent to appeal.
   
   
3. Not impose discipline on a Respondent for Sex-Based Harassment prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the Respondent engaged in prohibited Sex-Based Harassment.
   
   
4. If there is a determination that Sex-Based Harassment occurred, as appropriate, the Title IX Coordinator will: (i) coordinate the provision and implementation of Remedies to a Complainant and other people IWU identifies as having had equal access to IWU’s education program or activity limited or denied by Sex-Based Harassment; (ii) coordinate the imposition of any Disciplinary Sanctions on a Respondent, including notification to the Complainant of any such Disciplinary Sanctions; and (iii) take other appropriate prompt and effective steps to ensure that Sex-Based Harassment does not continue or recur within IWU’s education program or activity.
   
   
5. Comply with the Title IX grievance procedures before the imposition of any Disciplinary Sanctions against a Respondent.
   
   
6. Not discipline a Party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination of whether Sex-Based Harassment occurred. 

The determination regarding responsibility becomes final either on the date that IWU provides the parties with written determination of the result of any appeal, or, if no Party appeals, the date on which an appeal would no longer be considered timely.

 

Section 11: Appeals

1. IWU will offer an appeal from a dismissal or determination whether Sex-Based Harassment occurred on the following bases: 
   1. (i) procedural irregularity that would change the outcome; 
   2. (ii) new evidence that would change the outcome and that was not reasonably available when the determination or dismissal was made; 
   3. (iii) the Title IX Coordinator o, investigator, or decision maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome; and 
   4. (iv) the sanctions are disproportionate with the offense.
      
      
2. If a Party appeals a dismissal or determination whether Sex-Based Harassment occurred, IWU will: (i) notify the parties in writing of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent; (ii) implement appeals procedures equally for the parties; (iii) ensure that the decision maker for the appeal did not take part in an investigation of the allegations, the dismissal of the Complaint, or serve as the decision maker for the Complaint; (iv) ensure that the decision maker for the appeal has been trained consistent with the Title IX regulations; (v) communicate to the parties in writing that IWU will provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and (vi) notify the parties in writing of the result of the appeal and the rationale for the result.
   
   
3. Any additional procedures or bases for appeal IWU offers will be equally available to all parties.
   
   
4. Appeals must be sent in writing to both the Title IX Coordinator and appropriate Deputy Title IX Coordinator.

 

Section 12: Informal Resolution

In lieu of resolving a Complaint through IWU’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process.  IWU will inform the parties in writing of any informal resolution process it offers and determines is appropriate, if any.  IWU will not offer informal resolution to resolve a Complaint when such a process conflicts with Federal, State, or local law.  Before initiation of an informal resolution process, IWU will explain in writing to the parties: (A) the allegations; (B) the requirements for the informal resolution process; (C) that any Party has the right to withdraw from the informal resolution process an initiate or resume grievance procedures at any time before agreeing to a resolution; (D) that if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations; (E) the potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and (F) what information IWU will maintain and whether and how IWU could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed. 

 

Section 13: Supportive Measures

1. IWU will offer and coordinate supportive measures as appropriate for the Complainant and/or Respondent to restore or preserve that person’s access to IWU’s education program or activity or provide support during IWU’s Title IX grievance procedures or during the informal resolution process. Supportive measures may include, but are not limited to: counseling; extensions of deadlines or other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to Sex-Based Harassment.
   
   
2. Supportive measures must not unreasonably burden either Party and must be designed to protect the safety of the parties or IWU’s educational environment, or to provide support during the Title IX grievance process or during the informal resolution process.  IWU will not impose such supportive measures for punitive or Disciplinary Reasons.
   
   
3. IWU may, as appropriate, modify or terminate supportive measures at the conclusion of the Title IX grievance process, or at the conclusion of the informal resolution process, or IWU may continue the supportive measures beyond that point.
   
   
4. The Complainant or Respondent may seek, from the Deputy TIX Coordinator or designee, modification or reversal of IWU’s decision to provide, deny, modify, or terminate supportive measures applicable to them.
   
   
5. To the extent possible, IWU will not disclose information about any supportive measures to persons other than the person to whom they apply. 

 

Section 14: Disciplinary Sanctions and Remedies

If IWU has determined that Sex-Based Harassment has occurred, IWU shall take prompt and effective steps reasonably calculated to end the Sex-Based Harassment, prevent its recurrence, and, as appropriate, remedy its effects. Remedial action may include Disciplinary Sanctions against the Respondent, providing counseling for the Respondent, Remedies for the reporting Party and others, as well as changes to the University’s overall services or policies. Disciplinary Sanctions against a Respondent can include without limitation: modification of academic, living, dining, transportation, and working situations; no-contact orders; temporary suspension; and/or removal or dismissal from the University. 

 

Section 15: Retaliation

IWU prohibits Retaliation against any individual who has made a report or Complaint, testified, assisted, or participated or refused to participate in any manner in any investigation, proceeding, or hearing under this Policy. The exercise of rights protected under the First Amendment does not constitute Retaliation. 

 

Section 16: Effective Date

This Policy shall be effective as of August 1, 2024. 

APPENDIX A (DEFINITIONS)

1. Complainant:  “Complainant” means: (A) a student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment under Title IX or its regulations; or (B) a person other than a student or employee who is alleged to have been subjected to conduct that could constitute Sex-Based Harassment under Title IX or its regulations and who was participating or attempting to participate in a IWU’s education program or activity at the time of the alleged Sex-Based Harassment.
   
   
2. Complaint: “Complaint” means an oral or written request to IWU that objectively can be understood as a request for IWU to investigate and make a determination about alleged Sex-Based Harassment under Title IX or its regulations.
   
   
3. Confidential Employee: “Confidential Employee” means an employee of IWU whose communications are privileged or confidential under Federal or State law.  The employee’s confidential status, for purposes of this Policy, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies. 
   
   
4. Consent: Consent is informed, freely and actively given, mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. The following factors should be considered by a person in determining whether another person has given consent: 
   1. consent is a freely given agreement to sexual activity,
   2. a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent,
   3. a person's manner of dress does not constitute consent,
   4. a person's consent to past sexual activity does not constitute consent to future sexual activity,
   5. a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another,
   6. a person can withdraw consent at any time, and
   7. a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances, including without limitation the following:
      1. the person is incapacitated due to the use or influence of alcohol or drugs;
      2. the person is asleep or unconscious;
      3. the person is under the statutory age of consent; or
      4. the person is incapacitated due to a mental disability
         
         
5. Disciplinary Sanctions: “Disciplinary Sanctions” means consequences imposed on a Respondent following a determination under Title IX that the Respondent violated IWU’s prohibition on Sex-Based Harassment.
   
   
6. Party/Parties: “Party/Parties” means a Complainant and/or Respondent.
   
   
7. Relevant: “Relevant” means related to the allegations of Sex-Based Harassment under investigation as part of these grievance procedures.  Questions are relevant when they seek evidence that may aid in showing whether the alleged Sex-Based Harassment occurred, and evidence is relevant when it may aid the decision maker in determining whether the alleged Sex-Based Harassment occurred. 
   
   
8. Remedies: “Remedies” means measures provided, as appropriate, to a Complainant or any other person IWU identifies as having had their equal access to IWU’s education program or activity limited or denied by Sex-Based Harassment.  These measures are provided to restore or preserve that person’s access to IWU’s education program or activity after IWU determines that Sex-Based Harassment occurred.
   
   
9. Respondent: “Respondent” means a person who is alleged to have violated IWU’s prohibition on Sex-Based Harassment.
   
   
10. Retaliation: “Retaliation” means intimidation, threats, coercion, or discrimination against any person by IWU, a student, or an employee or other person authorized by IWU to provide aid, benefit, or serve under IWU’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.
    
    
11. Sex-Based Harassment: “Sex-Based Harassment” is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identify, that is:
    1. Quid pro quo harassment. An employee, agent, or other person authorized by IWU to provide an aid, benefit, or service under IWU’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or serve on a person’s participation in unwelcome sexual conduct;
    2. Hostile environment harassment.  Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from IWU’s education program or activity (i.e., creates a hostile environment).  Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
       1. The degree to which the conduct affected the Complainant’s ability to access IWU’s education program or activity;
       2. The type, frequency, and duration of the conduct;
       3. The parties’ ages, roles within IWU’s education program or activity, previous interactions, and other factors about each Party that may be Relevant to evaluating the effects of the conduct;
       4. The location of the conduct and the context in which the conduct occurred; and
       5. Other Sex-Based Harassment in IWU’s education program or activity; or
    3. Specific offenses.
       1. Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
       2. Date violence meaning violence committed by a person: (a) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (b) where the existence of such a relationship shall be determined based on a consideration of the following factors: (I) the length of the relationship; (II) the type of relationship; and (III) the frequency of interaction between the persons involved in the relationship; and
       3. Domestic violence meaning felony or misdemeanor crimes committed by a person who: (a) is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of IWU, or a person similarly situated to a spouse of the victim; (b) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partners; (c) shares a child in common with the victim; or (d) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or
       4. Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (a) fear for the person’s safety or the safety of others; or (b) suffer substantial emotional distress.
          
          
12. Supportive Measures: “Supportive Measures” means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to: (A) Restore or preserve that Party’s access to IWU’s education program or activity, including measures that are designed to protect the safety of the Parties or IWU’s educational environment; (B) Provide support during IWU’s grievance procedures or during an informal resolution process.