The University of Chicago Policy on Title IX Sexual Harassment

The University of Chicago is a community of scholars dedicated to research, academic excellence, and the pursuit and cultivation of learning. Members of the University community cannot thrive unless each is accepted as an autonomous individual and is treated without regard to characteristics irrelevant to participation in the life of the University. Freedom of expression is vital to our shared goal of the pursuit of knowledge and should not be restricted by a multitude of rules. At the same time, unlawful discrimination, including sexual harassment, compromises the integrity of the University. The University is committed to taking necessary action to prevent, correct, and, where indicated, discipline those who have engaged in unlawful sexual harassment.

Title IX Sexual Harassment violates the law, as well as the standards of our community, and is unacceptable at the University of Chicago. Sexual harassment can be devastating to the person who experiences it directly and can adversely impact family, friends, and the larger community. Regardless of the definitions provided below, people who believe they have experienced any form of sexual misconduct are encouraged to report the incident and to seek medical care (as appropriate) and support as soon as possible.

‌Matters‌ that do not meet the definition of Title IX Sexual Harassment (as described in this Policy) ‌‌are not within ‌the‌ ‌scope‌ ‌of‌ ‌this‌ ‌Policy,‌ but may‌ still constitute misconduct that is incompatible with University’s standards and may ‌be‌ ‌addressed‌ ‌by the University of Chicago’s Policy on Harassment, Discrimination, and Sexual Misconduct, or‌ ‌other‌ ‌applicable‌ ‌University‌ ‌policies‌ ‌or‌ ‌procedures.‌ ‌

This policy expresses the University’s commitment to an environment free from sexual harassment and conforms to legal requirements under Title IX of the Education Amendments of 1972 (“Title IX”), a civil rights law that prohibits sex discrimination by recipients of federal financial assistance, like the University of Chicago, and the U.S. Department of Education’s implementing regulations for Title IX.

All students, faculty, other academic appointees, postdoctoral researchers, staff, affiliates and others participating in University of Chicago education programs and activities are subject to this policy. This policy only applies to Title IX Sexual Harassment, as defined in this policy, that takes place in an educational program or activity of the University against a person in the United States. An educational program or activity includes (1) locations, events, or circumstances over which the University exercised substantial control over both the Title IX Respondent and the context in which Title IX Sexual Harassment occurs, and (2) any building owned or controlled by a student organization that is officially recognized by the University.

This policy applies to all of the University’s education programs or activities in the United States, regardless of whether such programs or activities occur on-campus or off-campus.
Study-abroad programs and off-campus locations that are not within the University’s education program or activity are not covered by the Title IX regulations or by this Policy.

This policy also applies to matters involving complaints made against staff or faculty at the University of Chicago Laboratory Schools.  The Laboratory Schools are home to the youngest members of the University of Chicago’s academic community, and the age and developmental stage of the student(s) involved in a matter under this Policy will be considered when determining whether a Policy violation occurred, as well as in determining the appropriate response by the University.

In keeping with its long-standing traditions and policies, the University of Chicago considers students, employees, applicants for admission or employment, and those seeking access to University programs on the basis of individual merit.  The University does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender, gender identity or expression, national or ethnic origin, shared ancestry, age, status as an individual with a disability, protected military or veteran status, genetic information, or other protected classes under the law.[1]

Sexual‌ ‌harassment,‌ ‌is‌ ‌a‌ ‌form‌ ‌of‌ ‌sex‌ ‌discrimination‌ ‌prohibited‌ ‌by‌ ‌Title‌ ‌IX,‌ ‌which‌ ‌provides‌ ‌that:‌ ‌ 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 ‌educational‌ ‌program‌ ‌or‌ ‌activity‌ ‌receiving‌ ‌Federal‌ ‌financial‌ ‌assistance. The University prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in admission and employment. Inquiries about Title IX may be referred to the University’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both.

To report information about conduct that may constitute discrimination, unlawful harassment, retaliation or sexual misconduct or make a complaint under the University’s non-discrimination policies, please refer to the CARES website or the other reporting options described in the Policy on Title IX Sexual Harassment, the Policy on Harassment, Discrimination and Sexual Misconduct and/or the Policy on Consensual Relationships.

The University official responsible for coordinating compliance with this Notice of Nondiscrimination is Bridget Collier, Associate Provost for Equal Opportunity Programs, who also serves as the University’s Title IX Coordinator, Affirmative Action Officer, and Section 504/ADA Coordinator and coordinates compliance with federal, state and local regulations governing non-discrimination, including Title VI, Title VII, Title IX and VAWA. You may contact her by emailing bcollier@uchicago.edu, calling 773.702.5671, or writing to Bridget Collier, Office of the Provost, The University of Chicago, 6030 S. Ellis Ave., Chicago, IL 60637.

For information regarding the University of Chicago’s non-discrimination policies, reporting and related resolution processes, please see:

Policy on Harassment, Discrimination, and Sexual Misconduct 

harassmentpolicy.uchicago.edu

Policy on Title IX Sexual Harassment

titleixpolicy.uchicago.edu

Policy on Consensual Relationships

consensualrelationships.uchicago.edu

[1] This Policy is consistent with federal, state, and local regulations governing non- discrimination and harassment including: the Age Discrimination in Employment Act, the Americans with Disabilities Act (as amended), the Civil Rights Acts of 1964 and 1991, Executive Order 11246, the Equal Pay Act of 1963, the Rehabilitation Act of 1973 (as amended), Title  IX of the Education Amendments of 1972, Genetic Information Nondiscrimination Act of 2008, Lilly Ledbetter Fair Pay Act of 2009, the Illinois Human Rights Act, the City of Chicago Human Rights Ordinance, and the Cook County Human Rights Ordinance.

When the University has Actual Knowledge of Title IX Sexual Harassment in an education program or activity of the University against a person in the United States, the University must respond promptly, as described in Section XI under this Policy. Individuals should report Title IX Sexual Harassment or allegations of Title IX Sexual Harassment to the University’s Title IX Coordinator or to an Official with Authority, using the information below, and even if the individual is not sure whether the allegations amount to violation of this policy.

Associate Provost for Equal Opportunity Programs and Title IX Coordinator for the University

The University official responsible for coordinating compliance with this Policy is Bridget Collier, Associate Provost for Equal Opportunity Programs. Ms. Collier also serves as the University’s Title IX Coordinator for the University, Affirmative Action Officer, and Section 504/ADA Coordinator and coordinates compliance with federal, state and local regulations governing non-discrimination, including Title VI, Title VII, Title IX and VAWA. You may contact Ms. Collier in person, by mail, by telephone, by electronic mail, or by any other means that results in Ms. Collier receiving a verbal or written report, using the following contact information:

Report online: https://cares.uchicago.edu/make-a-report/

Bridget Collier
The University of Chicago, Office of the Provost
Associate Provost for Equal Opportunity Programs and Title IX Coordinator for the University
bcollier@uchicago.edu
773.702.5671
6030 S. Ellis Ave., Chicago, IL 60637

A person may contact the Associate Provost for Equal Opportunity Programs or designee to report any complaints of discrimination, unlawful harassment, sexual misconduct and retaliation. The Associate Provost for Equal Opportunity Programs or designee can also assist you in the following ways:

• If you are unsure of where to turn for help.
• If you have questions regarding this Policy, the University’s Policy on Sex-Based Discrimination or Sexual Misconduct, or the University’s Policy on Consensual Relationships.
• If you have questions regarding federal, state and local regulations governing non-discrimination, including Title IX of the Education Amendments of 1972, Title VI, Title VII or VAWA.
• If you are seeking information regarding or the implementation of Supportive Measures and accommodations related to a sexual misconduct matter.
• If you have a complaint or question regarding postdoctoral researchers, staff, faculty members, or other academic appointees engaging in discrimination, unlawful harassment, sexual misconduct, dating violence, domestic violence, stalking, or retaliation.
• If you need information regarding campus accessibility and accommodations for individuals with disabilities.
• If you need information regarding support for pregnancy or related conditions.

Please see https://equalopportunityprograms.uchicago.edu/ for additional information.

Official(s) with Authority

In addition to reporting sexual harassment or allegations of sexual harassment to the University’s Title IX Coordinator, any person may report Title IX Sexual Harassment to an “Official with Authority”, as defined in this Policy. Officials with Authority must promptly forward any report of Title IX Sexual Harassment to the Title IX Coordinator. The following are designated Officials with Authority:

• For faculty, other academic appointees, postdoctoral researchers: the President of the University, the Provost of the University, Academic Deans, and members of the Title IX Hearing Panel.
• For staff: Academic Deans, Unit supervisors, and members of the Title IX Hearing Panel.
• For students: the Dean of Students in the University, the Area Deans of Students, members of the Area Disciplinary Committees, and members of the Title IX Hearing Panel.

Individuals with Reporting Responsibilities

Pursuant to the Policy on Harassment, Discrimination, and Sexual Misconduct, an Individual with Reporting Responsibilities is any faculty member, other academic appointee, postdoctoral researcher, or staff employee who would reasonably be expected to have the authority or duty to report or take action to redress sexual misconduct. An Individual with Reporting Responsibilities may not have the authority to institute corrective measures on behalf of the University (and thus is distinct from an Official with Authority), but is nonetheless responsible for promptly notifying the Title IX Coordinator for the University of all known details related to a possible incident of sexual misconduct (including sexual harassment), dating violence, domestic violence, and stalking that is reported to them directly, indirectly, or through a third party, or that they may have observed. Individuals with Reporting Responsibilities include (among others) faculty and instructors, Resident Assistants, Resident Heads, Resident Deans, Teaching Assistants, preceptors, UCPD staff, and other university employees.

Confidential Reporting

Some persons may want to seek out additional information regarding their options before making a report to the University. The Confidential Resources listed in this Policy do not have an obligation to report any form of sexual misconduct (including Title IX Sexual Harassment, sexual assault, dating violence, domestic violence, or stalking) or retaliation to the Title IX Coordinator or designees and will not do so without the explicit consent of the complaining party. A complete list of Confidential Resources, is included in the Appendix, below, and also available in the “Confidential Support Services” page of the Support and Resources section of the CARES website.

Students may confidentially seek support from the following resources:

• Sexual Assault Dean-on-Call (SaDoC) by calling the UCPD Dispatch at 773.702.8181 and asking UCPD to page the Sexual Assault Dean-on-Call. Students should be prepared to provide a 10-digit call-back number. The Sexual Assault Dean-on-Call can also be reached via text through the UChicago Safe App. Once in the UChicago Safe App, press the UChicago HELP button and a text option will be provided. A student may contact the Sexual Assault Dean-on-Call even if the student has not yet decided whether to report the incident to the police or to receive guidance and support in helping a peer or friend.
• Confidential Advisor by calling Student Wellness at 773-834-WELL and asking for an appointment with the Confidential Advisor.
• Student Wellness by calling 773-834-WELL.
• Ordained Religious Advisors by calling 773-834-1885 or emailing spirit@uchicago.edu.

Faculty, Other Academic Appointees, Postdoctoral Researchers and Staff may seek confidential support through the Employee Assistance Program (Perspectives, an All One Health Company) 24-hours: 800-456-6327 http://www.perspectivesltd.com/. For additional information on how to access Perspectives, visit UChicago’s Intranet, Staff and Faculty Assistance Program.

Electronic Reporting; Anonymous Reporting

Any person may report a potential violation of this Policy to the University’s Title IX Coordinator by filling out the electronic reporting form available at: https://cm.maxient.com/reportingform.php?UnivofChicago&layout_id=6.
Such a report will be anonymous if filed without disclosing one’s name or contact information.

University of Chicago Police Department (UCPD)

773-702-8181 or 1-2-3 from a campus phone (24-hours) or in-person at 6054 South Drexel Ave.

Responsibilities of the UCPD when receiving a report of sexual assault, dating violence, domestic violence, or stalking include:

• Attending to the immediate needs of the victim, including personal safety and prompt medical care.
• When appropriate, broadcasting a description of the offender.
• Notifying the Title IX Coordinator for the University when a report involves a member of the campus community.
• Notifying the Sexual Assault Dean-on-Call if the victim is a student.
• Providing victims with information concerning the importance of preserving evidence, and the rights of victims and the University’s responsibilities regarding orders of protection, no-contact orders, and other similar court orders.

Third-Party/Bystander Reporting

Any person may report a potential violation of this Policy through any of the means listed above.

Designees of the Title IX Coordinator

UChicago CARES: the Center for Awareness, Resolution, Education & Support

Executive Director, Center for Awareness, Resolution, Education & Support (UChicago CARES) and Senior Deputy Title IX Coordinator

Elizabeth Honig, who serves as the Executive Director of UChicago CARES and Senior Deputy Title IX Coordinator, and as a designee for the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator, is also available to assist the community on all matters related to this Policy, the Policy on Harassment, Discrimination and Sexual Misconduct, and the Consensual Relationships Policy. You may contact Ms. Honig by emailing ehonig@uchicago.edu, by calling 773-702-4913, or by writing to Elizabeth Honig, Office of the Provost, The University of Chicago, 6030 S. Ellis Ave., Chicago, IL 60637.

Director, Resolution Services and Deputy Title IX Coordinator

Janelle Stubbs, who serves as Director of Resolution Services and Senior Deputy Title IX Coordinator, within UChicago CARES and as a designee for the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator, is also available to assist the community on all matters related to this Policy, the Policy on Harassment, Discrimination and Sexual Misconduct, and the Consensual Relationships Policy. You may contact Ms. Stubbs by emailing janellestubbs@uchicago.edu, by calling 773-702-1032, or by writing to Janelle Stubbs, Office of the Provost, The University of Chicago, 6030 S. Ellis Ave., Chicago, IL 60637.
Director, Response and Support Services, Deputy Title IX Coordinator for Students

Renae DeSautel is the Director of Response and Support Services, and Deputy Title IX Coordinator for Students, within UChicago CARES and as a designee for the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator, is available to assist the members of community on supportive measures and matters related to this Policy, the Policy on Harassment, Discrimination and Sexual Misconduct, and the Consensual Relationships Policy. You may contact Ms. DeSautel by emailing desautel@uchicago.edu, by calling 773-702-0438, or by writing to Renae DeSautel, Office of the Provost, The University of Chicago, 6030 S. Ellis Ave., Chicago, IL 60637.

Associate Director, Resolution Options, UChicago CARES, Deputy Title IX Coordinator

Kerri True-Funk is the Associate Director of the Resolution Options within UChicago CARES, and Deputy Title IX Coordinator, and as a designee for the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator, is available to assist the community all matters related to this Policy, the Policy on Harassment, Discrimination and Sexual Misconduct, and the Consensual Relationships Policy. You may contact Ms. True-Funk by emailing ktruefunk@uchicago.edu, by calling 773-834-6411, or by writing to Kerri True-Funk, Office of the Provost, The University of Chicago, 6030 S. Ellis Ave., Chicago, IL 60637.
Office for Equal Opportunity & Access

Executive Director, Office for Equal Opportunity & Access and Deputy Title IX Coordinator

Scott Velasquez, who serves as the Executive Director of the Office for Equal Opportunity & Access and Deputy Title IX Coordinator, and as a designee for the Associate Provost for Equal Opportunity Programs/ Title IX Coordinator, is also available to assist the community on matters related to this Policy, the Policy on Harassment, Discrimination and Sexual Misconduct, and the Consensual Relationships Policy, and Affirmative Action. You may contact Mr. Velasquez by emailing svelasquez@uchicago.edu, by calling 773-702-7994, or by writing to Scott Velasquez, Office of the Provost, The University of Chicago, 6030 S. Ellis Ave., Chicago, IL 60637.
Other Designees & Relevant University Contacts

Associate Dean of Students in the University, Center for Student Integrity

Jeremy Inabinet, who serves as the Associate Dean of Students in the University, Center for Student Integrity, and as a designee for the Associate Provost for Equal Opportunity Programs, is available to assist the student community on matters related to this Policy, the Policy on Harassment, Discrimination and Sexual Misconduct, and the Consensual Relationships Policy. You may contact Dr. Inabinet by emailing inabinet@uchicago.edu, by calling 773-702-7994, or by writing to Jeremy Inabinet, The University of Chicago, 6030 S. Ellis Ave., Chicago, IL 60637.

Assistant Dean of Students in the University, Center for Student Integrity

Melissa Vergara, who serves as the Assistant Dean of Students in the University, Center for Student Integrity, and as a designee for the Associate Provost for Equal Opportunity Programs, is available to assist the student community on matters related to this Policy, the Policy on Harassment, Discrimination and Sexual Misconduct, and the Consensual Relationships Policy. You may contact Ms. Vergara by emailing mbmvergara@uchicago.edu, by calling 773-702-2610, or by writing to Melissa Vergara, The University of Chicago, 6030 S. Ellis Ave., Chicago, IL 60637.

Assistant Vice President, Human Resources

Brett Leibsker, who serves as the Assistant Vice President, Human Resources, and as a designee for the Associate Provost for Equal Opportunity Programs, is available to assist the staff community on matters related to this Policy, the Policy on Sex-Based Discrimination and Sexual Misconduct, and the Consensual Relationships Policy. You may contact Mr. Leibsker by emailing bleibsker@uchicago.edu, by calling 773-834-2657, or by writing to Brett Leibsker, The University of Chicago, 6054 South Drexel Avenue, Chicago, IL 60637.

In compliance with Title IX and for purposes of this policy, sexual harassment is conduct, on the basis of sex, that satisfies one or more of the following:

1.A. A University employee conditions the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (“Quid Pro Quo Harassment”); or

1.B. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity (“Title IX Hostile Environment”, see further information in this Section below); or

1.C Sexual assault, which as defined under the Title IX regulations, means any sexual act, including Rape, Sodomy, Sexual Assault With An Object, or Fondling, directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent; also unlawful sexual intercourse.

• 1. Rape—(Except Statutory Rape) The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. There is carnal knowledge if there is the slightest penetration of the sexual organ of the female (vagina) by the sexual organ of the male (penis). Attempted Rape is included.
• 2. Sodomy—Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
• 3. Sexual Assault With An Object—To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
• 4. Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
• 5. Incest is nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Illinois law.
• 6. Statutory Rape is sexual intercourse with a person who is under the statutory age of consent. In Illinois, the age of consent is 17 years old. However, if the offender is in a position of trust, authority, or supervision over the victim, the age of consent is 18.

1.D. Dating violence means violence committed by a person: (1) who is or has been in a social relationship of a romantic or intimate nature with the victim, and (2) where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

1.E. Domestic violence includes any 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 Illinois, 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 Illinois.

1.F. Stalking means engaging in a course of conduct (two or more acts) directed at a specific person that would cause a reasonable person to: (1) fear for his/her safety or the safety of others, or (2) suffer substantial emotional distress.

2. Retaliation means intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by the State or federal Constitution, State or federal statute, this Policy, the Title IX Sexual Harassment Resolution Procedures, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy.

Understanding Title IX Hostile Environment Sexual Harassment

In determining whether a hostile environment exists, the University will consider the totality of circumstances, including, but not limited to, factors such as the actual impact the conduct has had on the Title IX Complainant; the nature and severity of the conduct at issue; the frequency and duration of the conduct; the relationship between the parties (including accounting for whether one individual has power or authority over the other); the respective ages of the parties; the context in which the conduct occurred; and the number of persons affected.

The University will evaluate the totality of circumstances from the perspective of a reasonable person in the Title IX Complainant’s position. A person’s adverse subjective reaction to conduct is not sufficient, in and of itself, to establish the existence of a hostile environment.

The University encourages members of the University community to report any and all instances of sexual harassment, even if they are unsure whether the conduct rises to the level of a Policy violation.
Some specific examples of conduct that may constitute Title IX Sexual Harassment if unwelcome include, but are not limited to:

• Unreasonable pressure for a dating, romantic, or intimate relationship or sexual contact
• Unwelcome kissing, hugging, or massaging
• Sexual innuendos, jokes, or humor
• Displaying sexual graffiti, pictures, videos, or posters
• Using sexually explicit profanity
• Asking about, or telling about, sexual fantasies, sexual preferences, or sexual activities
• E-mail, internet, or other electronic use that violates this Policy
• Leering or staring at someone in a sexual way, such as staring at a person’s breasts or groin
• Sending sexually explicit emails, text messages, or social media posts
• Commenting on a person’s dress in a sexual manner
• Giving unwelcome personal gifts such as lingerie that suggest the desire for a romantic relationship
• Insulting, demeaning, or degrading another person based on gender or gender stereotypes

The following definitions as used within this Policy and related Resolution Procedures. To aid searches, definitions are provided in alphabetical order.

“Accused” means a person accused of conduct prohibited by this Policy and does not imply pre-judgment. The term “accused” is used interchangeably with the term “Title IX Respondent” in this Policy.

“Actual Knowledge” means notice of Title IX Sexual Harassment or allegations of Title IX Sexual Harassment to the University’s Title IX Coordinator or to any Official with Authority. Assumption of knowledge based solely on the University’s status as an employer, a report made to an Individual with Reporting Responsibilities, or other presumption under law does not, without more, constitute Actual Knowledge under this Policy. This standard is not met when the only official of the University with Actual Knowledge is the Title IX Respondent (alleged perpetrator). “Notice” as used here includes, but is not limited to, a report or complaint of Title IX Sexual Harassment to the Title IX Coordinator or any Official With Authority in person, by mail, by telephone, through the electronic reporting form, or by email using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator or the Official with Authority receiving the person’s verbal or written report.

“Consent” means voluntary, active and clear agreement, communicated by words or actions, to participate in specific sexual activity. Consensual sexual activity happens when each participant willingly chooses to participate.
In cases where a victim asserts that sexual activity occurred without consent, the standard is whether a sober, reasonable person in the same circumstances as the Title IX Respondent should have known that the victim did not or could not consent to the sexual activity in question.

In Illinois, the legal age of consent is 17 but rises to 18 if the Title IX Respondent holds a position of trust, authority, or supervision in relation to the victim. This means that there can be no consent when one participant in the sexual activity is under the legal age of consent and any other participant is at or over the legal age of consent.

Consent is such a critical factor that Section VII of this Policy is entirely dedicated to discussing it.

“Decisionmaker” is an individual designated by the Title IX Coordinator or designee to reach a determination regarding responsibility in a Formal Title IX Complaint by applying the preponderance of the evidence standard of proof. The Decisionmaker cannot be the Title IX Coordinator or the Title IX Investigator assigned to the same Formal Title IX Complaint and must be free from conflicts of interest or bias against Title IX Complainants and Title IX Respondents generally, and conflicts of interest and bias against an individual Title IX Complainant or Title IX Respondent.

“Decisionmaker on Relevance” is an individual who has responsibilities as described in “Decisionmaker” above, and is also designated to respond to matters of relevance during a hearing by the Title IX Hearing Panel. The Decisionmaker on Relevance may be someone who is external to the University community.

“Formal Title IX Complaint” is a document filed by a Title IX Complainant or filed by the Title IX Coordinator alleging Title IX Sexual Harassment against a Title IX Respondent and requesting that the University investigate the allegation(s). A Formal Title IX Complaint may be filed with the Title IX Coordinator in person, by mail, or by email, by using the contact information listed for the Title IX Coordinator in this Policy. A Formal Title IX Complaint requires a physical or digital signature by the Title IX Complainant, or an indication that the Title IX Complainant is the person filing the Formal Title IX Complaint. No person may submit a Formal Title IX Complaint on the Title IX Complainant’s behalf. Where the Title IX Coordinator signs a Formal Title IX Complaint, the Title IX Coordinator is not the Title IX Complainant or otherwise a party under the Title IX Sexual Harassment Resolution Process.

“Officials With Authority” means any official designated by the University to have authority to institute corrective measures on behalf of the institution.

“Review Decisionmaker” is one or more individuals designated to conduct a request for review under the Title IX Sexual Harassment Resolution Process. The Review Decisionmaker cannot be the Title IX Coordinator or the Title IX Investigator or Decisionmaker assigned to the same Formal Title IX Complaint. The Review Decisionmaker must be free from conflicts of interest or bias against Title IX Complainants and Title IX Respondents generally and against an individual Title IX Complainant or Title IX Respondent.

“Supportive Measures” are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to a Title IX Complainant or Title IX Respondent before or after the filing of a Formal Title IX Complaint or where no Formal Title IX Complaint has been filed. Such measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment and deter sexual harassment, including Title IX Sexual Harassment. Title IX Supportive Measures may include but are not limited to counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between parties, changes in work or housing locations, adjustments to dining arrangements, leaves of absence, increased security or monitoring of certain areas of the campus, and honoring an order of protection or no-contact order entered by a State civil or criminal court. The University will maintain as confidential any supportive measures provided to the Title IX Complainant or Title IX Respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the Supportive Measures.

“Title IX Complainant” is an individual who is alleged to be the victim of conduct that could constitute Title IX Sexual Harassment and does not imply pre-judgement.

“Title IX Investigator” is an individual designated to investigate a Formal Title IX Complaint according to the Title IX Sexual Harassment Resolution Process.

“Title IX Personnel” includes but is not limited to the Title IX Coordinator, Deputy Title IX Coordinator(s), Title IX Investigator(s), Decisionmaker(s), Review Decisionmaker(s), Decisionmaker on Relevance, or Alternative Resolution Facilitator(s).

“Title IX Respondent” is an individual who has been reported to be the perpetrator of conduct that could constitute Title IX Sexual Harassment and does not imply pre-judgement.

“Victim” means a person alleging to have been subjected to conduct prohibited by this Policy and does not imply pre-judgment. The term “victim” is used interchangeably with the term “Title IX Complainant” in this Policy.

“Consent” means voluntary, active and clear agreement, communicated by words or actions, to participate in specific sexual activity. Consensual sexual activity happens when each participant willingly chooses to participate.
It is the responsibility of the person who wants to engage in a sexual activity to obtain the consent of the other person for that sexual activity. Consent may also be withdrawn or modified at any time by the use of clearly understandable words or actions.

• In cases where a victim asserts that sexual activity occurred without consent, the standard is whether a sober, reasonable person in the same circumstances as the accused should have known that the victim did not or could not consent to the sexual activity in question.
• The definition of consent does not vary based upon a person’s sex, sexual orientation, gender identity, or gender expression.
• Consent is best obtained through direct communication about the decision to engage in specific sexual activity. Consent need not be verbal, but verbal communication is the most reliable and effective way to seek, assess, and obtain consent. Non-verbal communication often is ambiguous. For example, heavy breathing can be a sign of arousal, but it also can be a sign of distress. Talking with sexual partners about desires, intentions, boundaries and limits can be uncomfortable, but it serves as the best foundation for respectful, healthy, positive and safe intimate relationships.

What is not Consent?

• Consent cannot be obtained by threat of harm, coercion, intimidation, or by use or threat of force.
• The lack of explicit consent does not imply consent and likewise, the lack of verbal or physical resistance does not constitute consent. Thus, silence, passivity, submission, and/or the lack of resistance (including the absence of the word “no”) do not—in and of themselves—constitute consent.

Incapacitation

Consent cannot be obtained from someone who is unable to understand the nature of the activity or give knowing consent due to circumstances. A person is mentally or physically incapacitated when that person lacks the ability to make or act on considered decisions to engage in sexual activity, i.e., when a person’s perception and/or judgment is so impaired that the person lacks the cognitive capacity to make or act on conscious decisions, including without limitation the following circumstances:

• The person is incapacitated due to the use or influence of alcohol or drugs, or due to a mental disability. Alcohol and drugs can impair judgment and decision-making capacity, including the ability to rationally consider the consequences of one’s actions. The effects of alcohol and drug consumption often occur along a continuum. For example, alcohol intoxication can result in a broad range of effects, from relaxation and lowered inhibition to euphoria and memory impairment, and to disorientation and incapacitation. Incapacitation due to alcohol or drug use is a state beyond “mere” intoxication or even being drunk. Indicators of incapacitation may include inability to communicate, lack of control over physical movements, and/or lack of awareness of circumstances. An incapacitated person can also experience a blackout state during which they appear to give consent but does not have conscious awareness or the capacity to consent. Some medical conditions also can cause incapacitation.
• The person is asleep or unconscious.
• The person is under the legal age of consent. In Illinois, the legal age of consent is 17 but rises to 18 if the accused holds a position of trust, authority, or supervision in relation to the victim. This means that there can be no consent when one participant in the sexual activity is under the legal age of consent and any other participant is at or over the legal age of consent.
• In sum, an act will be deemed non-consensual if a person engages in sexual activity with an individual who is incapacitated, and who the person knows or reasonably should know is incapacitated, or with an individual who is asleep, unconscious, or under the legal age of consent.

Other Important Points regarding Consent

• The existence of a romantic or sexual relationship does not, in and of itself, constitute consent.
• Consent on a prior occasion does not constitute consent on a subsequent occasion.
• Consent to one sexual act does not constitute consent to another sexual act.
• Consent to sexual activity with one person does not constitute consent to engage in sexual activity with another.
• Consent cannot be inferred from a person’s manner of dress or other contextual factors, such as alcohol consumption, dancing, or agreement to go to a private location like a bedroom.
• Accepting a meal, a gift, or an invitation for a date does not imply or constitute consent.
• Silence, passivity, or lack of resistance alone or in combination does not constitute consent.

Incapacitation by the person initiating sexual activity does not in any way lessen their obligation to obtain consent.

The University must protect privacy and confidentiality to fulfill its commitment to address complaints of Title IX Sexual Harassment fairly and expeditiously. The University will keep confidential, from persons outside of the investigation process, the identity of any individual who has made a report or complaint under this Policy, including any person who has filed a Formal Complaint of Title IX Sexual Harassment or Retaliation; any Title IX Respondent(s) involved in a Formal Title IX Complaint; and any Witnesses. Please note that the University must disclose to the Title IX Respondent(s) the identity of the person(s) who has a filed a Formal Title IX Complaint, and the University may be required to disclose the identity of a person who has filed a Formal Title IX Complaint to other individuals as permitted by FERPA, required by law, and/or as necessary to conduct the investigation process.

While the University will keep matters confidential to the extent possible, the University may have to disclose information related to the matter, such as in the following situations:

• (1) to those to whom it is necessary to give fair notice of the allegations and to conduct the investigation;
• (2) to law enforcement consistent with state and federal law;
• (3) to other University officials as necessary for coordinating Supportive Measures or for health, welfare, and safety reasons;
• (4) to government agencies that review the University’s compliance with federal law; and
• (5) to third parties as permitted or compelled by law (e.g., in response to a lawful subpoena or in compliance with federal privacy law).

The University will not restrict the ability of either party to discuss the allegations of a Formal Title IX Complaint under investigation. A party may discuss the allegations under investigation and/or gather and present evidence. Retaliation of any kind, however, is prohibited under the Policy. Retaliation includes, but is not limited to, intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege provided by this Policy. A complaint of retaliation may result in a separate complaint and disciplinary action under this Policy.

All Title IX Personnel who have responsibilities under this Policy must be free of any conflict of interest or bias for or against the Title IX Complainant or Title IX Respondent, or for Title IX Complainants or Title IX Respondents generally.

The Title IX Complainant and Title IX Respondent will be notified of the identities of those involved in the investigation and resolution procedures, before those individuals initiate contact with either party, and may report a potential conflict of interest or bias relating to any Title IX Personnel to the Title IX Coordinator, along with a written statement detailing the nature of the conflict or bias.

The Title IX Coordinator will review the particular facts of the situation and use an objective, common sense approach to evaluate whether a particular person serving in a role under this Policy is conflicted or biased (i.e., whether a reasonable person would believe a material conflict or bias exists). An example of a conflict of interest could be the identification of a personal or social relationship between a person serving in a Title IX Personnel role under this Policy and one of the parties, which may have a real or perceived effect on the judgement of the Title IX Personnel.

The Title IX Coordinator will exercise caution not to apply generalizations that might unreasonably conclude that bias exists, for example, assuming that all self-professed feminists or self-described survivors are biased against men, or that a man is incapable of being sensitive to women. Past experience, including prior work as a victim advocate or as a defense attorney, does not in and of itself constitute a conflict of interest. The training required under this Policy is intended to provide Title IX Personnel with the tools needed to serve impartially and without bias.

Based on the review described above, the Title IX Coordinator may remove Title IX Personnel from their roles, and another trained University official or external subject matter expert will be assigned to investigate and/or resolve the case. Both parties will be notified in writing in the event of a removal or change in Title IX Personnel.

To encourage reports of Title IX Sexual Harassment, the University normally will offer leniency to a student who reports an alleged violation of this Policy in good faith with respect to other student conduct violations that come to light as a result of such reports. For example, the University ordinarily will not pursue disciplinary charges related to underage drinking by the reporting person if that policy violation comes to light as the result of a sexual assault complaint. The University will not discipline a reporting student for such conduct violations unless the University determines that the violation was egregious, including without limitation an action that places the health or safety of any other person at risk.

If the Title IX Coordinator has Actual Knowledge of a report of Title IX Sexual Harassment, and, following a preliminary assessment of the initial report, determines the conduct reported could fall within the scope of this Policy, the Title IX Coordinator or their designee will promptly contact the Title IX Complainant to discuss the availability of Supportive Measures and to explain to the Title IX Complainant the process for filing a Formal Title IX Complaint. If applicable, the Title IX Coordinator or their designee will provide information regarding the importance of preserving physical evidence and the availability of a medical forensic examination at no charge to the victim.

The Title IX Coordinator or their designee will explain that a report may be resolved by: 1) the imposition of Supportive Measures only; 2) the filing of a Formal Title IX Complaint by the Title IX Complainant; or 3) the filing of a Formal Title IX Complaint by the Title IX Coordinator (as discussed under the Institutional Obligation to Respond section below).

Upon receipt of a Formal Title IX Complaint, the Title IX Coordinator or their designee will conduct an individualized safety and risk analysis and determine if there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Title IX Sexual Harassment.

The Title IX Coordinator or their designee will provide the Title IX Complainant and Title IX Respondent with a written document (separate from this Policy) listing the available rights, options, and resources, including Supportive Measures, and describing the University’s Title IX Investigative/Hearing Body Resolution Process for Title IX Sexual Harassment in plain, concise language.

If the University has Actual Knowledge of Title IX Sexual Harassment but the Title IX Complainant asks to remain anonymous during the investigation and/or asks that the University refrain from investigating, the Title IX Coordinator for the University will consider how to proceed.

The Title IX Coordinator will take into account the Title IX Complainant’s wishes, and factors including, but not limited, to the following: (a) was a weapon involved in the incident, (b) were multiple assailants involved in the incident, (c) is the accused a repeat offender, (d) does the incident create a risk of occurring again, (e) the results of the individualized safety and risk analysis, (f) the University’s obligation to provide a safe and non-discriminatory environment, and (g) the Title IX Respondent’s right to have specific notice of the allegations and an opportunity to be heard if the University were to take action that affects them. In such circumstances, the Title IX Coordinator may arrange for limited fact-finding to better understand the context of the complaint and explore viable options for addressing safety concerns, and any options for investigation, adjudication, and remediation.

Because Title IX Sexual Harassment may constitute a serious crime that threatens the community as a whole, in some instances the University may be obliged to address allegations through internal resolution procedures without the cooperation of the individual making the allegation. In such instances, the Title IX Coordinator may file a Formal Title IX Complaint and initiate investigation and resolution procedures. In such instances, the University will respect the parties’ privacy to the extent possible consistent with its legal obligations and will inform the victim of its obligation to address a community safety issue. All publicly available recordkeeping, including Clery Act reporting and public disclosures, will not contain personally identifying information about the victim.

The University may remove a Title IX Respondent from an education program or activity on an emergency basis while an investigation is pending. The University will only remove a Title IX Respondent on an emergency basis if, after making an individualized safety and risk analysis, it determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Title IX Sexual Harassment justifies removal. The University also may place a non-student employee that is a Title IX Respondent on paid administrative leave during the pendency of a Title IX Sexual Harassment Resolution Process.
The University will provide the Title IX Respondent with notice and an opportunity to request a review of the decision immediately following the removal. Requests for review may be submitted in writing to Ingrid Gould, Associate Provost for Faculty Affairs, igould@uchicago.edu.

Such emergency removals/leaves of absence must comply with any other relevant laws, policies, administrative procedures, and agreements governing removals of students and/or employees from the University’s education program or activity.

A Title IX Complainant may file a Formal Title IX Complaint with the Title IX Coordinator requesting that the University investigate and adjudicate a report of Title IX Sexual Harassment in accordance with the Investigative/Hearing Body Resolution Process for Title IX Sexual Harassment (“Investigative Hearing Body Resolution Process”). Provided, however, that at the time the Title IX Complainant submits a Formal Title IX Complaint, the Title IX Complainant must be participating in, or attempting to participate in, one or more of the University’s education programs or activities.

As described in Section XII, the Title IX Coordinator may file a Formal Title IX Complaint on behalf of the University if doing so is not clearly unreasonable. Such action will normally be taken in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the University community.

Upon receipt of a written Formal Title IX Complaint, the Title IX Coordinator will conduct an initial assessment to determine whether the alleged conduct in the Formal Title IX Complaint, if substantiated, would constitute Title IX Sexual Harassment or Retaliation under this Policy. Following the initial assessment, if the allegations forming the basis of the Formal Title IX Complaint would, if substantiated, constitute Title IX Sexual Harassment the Title IX Coordinator or their designee shall assign a Title IX Investigator, who will initiate an investigation of the allegations under this Policy.

Dismissal of Formal Title IX Complaint

If the allegations forming the basis of the Formal Title IX Complaint would not, if substantiated, constitute Title IX Sexual Harassment or Retaliation as defined in this Policy, the Title IX Coordinator shall dismiss the Formal Title IX Complaint from the Investigative/Hearing Body Resolution Process (Mandatory Dismissal). If appropriate, the Title IX Coordinator may refer the matter for review under the Policy on Harassment, Discrimination, and Sexual Misconduct and related procedures, or to another office or applicable policy for review.

In addition, at any time prior to the hearing, the Title IX Coordinator may dismiss a Formal Title IX Complaint if (i) the Title IX Complainant notifies the Title IX Coordinator in writing that the Title IX Complainant wishes to withdraw the Formal Title IX Complaint or any allegations therein (in which case those discrete allegations may be dismissed), (ii) the Title IX Respondent is no longer enrolled or employed by the University, or (iii) specific circumstances prevent the University from gathering sufficient evidence to reach a determination as to the Formal Title IX Complaint or any discrete allegations therein (in which case those discrete allegations may be dismissed) (collectively, Voluntary Dismissal).

Upon Mandatory Dismissal or Voluntary Dismissal, the Title IX Coordinator shall promptly send written notice of the dismissal and reason(s) therefore simultaneously to the parties via electronic format. Both parties will have equal rights to request review of the dismissal through the request for review process described in the Investigative/Hearing Body Resolution Process.

The determination regarding dismissal becomes final either on the date that the parties are provided with the written determination of the result of a request for review, if filed, or if a request for review is not filed, the date on which a request for review would no longer be considered timely. Once a dismissal is final, a Title IX Complainant cannot file a Formal Title IX Complaint under this Policy concerning the same alleged conduct.

Within five (5) days of the Title IX Coordinator (or designee) receiving a Formal Title IX Complaint, the Title IX Coordinator (or designee) will transmit a written notice to the Title IX Complainant and Title IX Respondent that includes:

• A physical or electronic copy of this Policy,
• A list of allegations,
• The identities of known involved parties,
• The conduct being reported,
• The date and location of the reported conduct,
• A timeframe for scheduling an initial meeting,
• A statement that the Title IX Respondent is presumed not responsible for the reported conduct in accordance with Title IX and this Policy,
• A statement that a determination regarding responsibility is made at the conclusion of the resolution process,
• Information about having an advisor of choice who may be, but is not required to be, an attorney,
• A statement that the University prohibits knowingly making false statements or knowingly submitting false information during the resolution process,
• A statement about the University’s policy on retaliation,
• A statement that the parties may inspect and review evidence obtained during the investigation prior to any hearing,
• The name of the Title IX Investigator(s) and information on how to raise a conflict of interest regarding the investigator, decision-makers, or other personnel involved in the Title IX Resolution Process, and
• Information about confidentiality, as described in this Policy.

Should the University, at any point, start to investigate allegations that are materially beyond the scope of the initial investigation and allegation letter, the University will provide a supplemental written notice describing the additional allegations to be investigated.

Timeframe

The University is committed to providing a prompt, fair, impartial, and thorough investigation and resolution that is consistent with the University’s policies and is transparent to the Title IX Complainant and the Title IX Respondent. In most cases, the University’s Investigative/Hearing Body Resolution Process will be complete within 60-90 days of receiving a Formal Title IX Complaint. The University, in its discretion, may extend its investigation for good cause. If the timeframe for the investigation is extended, the University will provide written notice to the Title IX Complainant and the Title IX Respondent of the delay and the reason for the extension.

Investigative Process and Resolution Procedures

The investigative process will generally include: (1) interviewing the Title IX Complainant (and the alleged victim, if that person is not the Title IX Complainant), (2) interviewing the Title IX Respondent, (3) interviewing witnesses, (4) collecting evidence, (5) if applicable, contacting and cooperating with law enforcement; (5) preparing an investigative report that fairly summarizes relevant evidence.  Such an investigation may occur alongside an independent law enforcement investigation.

Formal Title IX Complaints will be heard by a Title IX Hearing Panel.  The Investigative/Hearing Body Resolution Process for Title IX Sexual Harassment, and any related request for review, is described in full and can be accessed in the following locations:

• If the person accused of a violation of this Policy is a faculty member or other academic appointee, the Formal Title IX Complaint shall be resolved using the procedures in the Faculty Handbook
• If the person accused of a violation of this Policy is a postdoctoral researcher, the Formal Title IX Complaint shall be resolved using the procedures in the Postdoctoral Researcher Policy Manual.
• If the person accused of a violation of this Policy is a student, the Formal Title IX Complaint shall be resolved using the procedures for student discipline described in the Student Manual.
• If the person accused of a violation is a staff member, the Formal Title IX Complaint shall be resolved using the procedures in the Employee Handbook. For complaints made against staff employees at the Laboratory Schools, the age and developmental status of the complainant will be considered, and the hearing procedures may not include live cross-examination but could include the submission of written questions in lieu of cross-examination.

Advisor of Choice

The Title IX Complainant and the Title IX Respondent have the opportunity to have others present during any resolution proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.  The University will not limit the choice or presence of an advisor in any meeting or resolution proceeding, however the University may establish expectations of advisors related to their participation in proceedings, which will apply equally to both parties.

Sexual History and Privileged Information

The Title IX Complainant’s and/or Title IX Respondent’s sexual history with others will generally not be sought or used in determining whether sexual assault has occurred. However, in certain circumstances the sexual history between the parties may have limited relevance to explain context. Specifically, questions and evidence about the Title IX Complainant’s sexual predisposition or prior sexual behavior may be relevant if the evidence is offered to prove that someone other than the Title IX Respondent committed the reported conduct, or it addresses the Title IX Complainant’s prior sexual behavior with respect to the Title IX Respondent and is offered to prove Consent. Additionally, under limited circumstances necessary to understand the context, sexual history between the parties may be relevant to explain an injury, to provide proof of a pattern, or to address an allegation within a Formal Resolution Process.

The Title IX Complainant’s and/or Title IX Respondent’s medical and counseling records, such as by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or information protected under a legally recognized privilege, will generally not be sought or used unless the Title IX Investigator obtains that party’s voluntary, written consent that the privilege has been waived.

Access to Information

The Title IX Complainant, the Title IX Respondent, and appropriate University officials will receive timely and equal access to information that will be used during a Formal Resolution Process. As described in the procedures, which the Title IX Complainant and Title IX Respondent are simultaneously informed, in writing, of the result of the Formal Resolution Process, the procedures for seeking review of the result and when the result becomes final.

This notification will include (i) identification of the allegations potentially constituting Title IX Sexual Harassment under this Policy; (ii) a description of the procedural steps taken from the receipt of the Formal Title IX Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held; (iii) findings of fact supporting the determination; (iv) conclusions regarding the application of the Title IX Sexual Harassment Resolution Process to the facts; (v) a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the University will impose on the Title IX Respondent; (vi) whether remedies designed to restore or preserve equal access to the University’s education program or activity will be provided by the University to the Title IX Complainant; (vii) and the University’s procedures and permissible bases for the Title IX Complainant and Title IX Respondent to file a request for review.

The University shall create an audio or audiovisual recording, or transcript, of any hearing and make it available to the parties for inspection and review.

The standard used in such proceedings is a preponderance of the evidence, i.e., whether it is more likely than not that this Policy has been violated. The Title IX Respondent is presumed to be not responsible for the alleged conduct unless and until a determination regarding responsibility is made at the conclusion of the Title IX Sexual Harassment Resolution Process.

Someone with a complaint of Title IX Sexual Harassment may also opt to pursue their complaint via the legal system without engaging the University’s disciplinary process, although, in the interest of community safety, the University may be obliged to address alleged incidents of Title IX Sexual Harassment through internal disciplinary procedures.

Use of this Policy and the resolution procedures are not a prerequisite to the pursuit of other remedies. If a person is pursuing another remedy to address the same allegations related to a Formal Title IX Complaint under this Policy, the University will conduct its own investigation, although in some cases delays due to another process may be warranted or required.

There is no time limit for filing a Formal Title IX Complaint of Title IX Sexual Harassment. However, Title IX Complainants should report as soon as possible to maximize the University’s ability to respond promptly and effectively. Delayed reporting often results in the loss of relevant evidence, and/or in faded and unreliable memories; it also impairs the University’s ability to summon witnesses, assess evidence, and, if appropriate, adjudicate claims and impose sanctions and other remedies. Furthermore, if the Title IX Respondent is no longer affiliated with the University at the time of the Formal Title IX Complaint, it is likely that the University will be unable to summon the Title IX Respondent or take disciplinary action against them, although the University will take reasonable steps to understand the facts, assess whether the Title IX Respondent poses a present or ongoing risk of safety to the University community, and take any measures necessary to mitigate safety risk.

It is a violation of this Policy for any person to submit a report or Formal Title IX Complaint that the person knows, at the time the report or Formal Title IX Complaint is submitted, to be false or frivolous. It is also a violation of this Policy for any person to knowingly make a materially false statement during the course of an investigation, hearing, or request for review under this Policy. Violations of this Section are not subject to the Title IX investigation and hearing processes; instead, they will be addressed under the Student Manual in the case of students and other University policies and standards, as applicable, for faculty, other academic appointees, postdoctoral researchers, or staff, or other participants in University education programs and activities.

All Title IX Personnel will participate in 8-10 hours of training annually. Depending on the individual’s role, the training may include some or all of the following subject matters: the definition of Title IX Sexual Harassment, the scope of the University’s Education Program or Activity, how to conduct the Title IX Sexual Harassment Resolution Procedure, how to conduct a Request for Review, and as applicable, how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

Any person serving as a Decisionmaker or Review Decisionmaker under the Title IX Sexual Harassment Resolution Procedures will receive training on the issues of relevance of questions and evidence, including about when questions and evidence about the Title IX Complainant’s sexual predisposition or prior sexual behavior are not relevant.

Any person serving as a Title IX Investigator under the Title IX Sexual Harassment Resolution Procedure will receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

Any materials used to train Title IX Coordinators, their designees, Title IX Investigators, Decisionmakers, and Review Decisionmakers must not rely on sex stereotypes and must promote impartial investigations and adjudications of Formal Title IX Complaints. The University will make all materials used to train Title IX Team members publicly available on the Equal Opportunity Programs website.

The Title IX Coordinator or designee will maintain, for a period of at least 10 years, records of:

• Any actions, including any Supportive Measures, taken in response to a report or Formal Title IX Complaint of Title IX Sexual Harassment. In each instance, the Title IX Coordinator or designee must document the basis for the conclusion that the University’s response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the University’s Education Program or Activity. If no Supportive Measures are provided to the Title IX Complainant, then the Title IX Coordinator or designee must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the University in the future from providing additional explanations or detailing additional measures taken;
• Each Title IX Sexual Harassment investigation, including any determination regarding responsibility and any disciplinary sanctions imposed on the Title IX Respondent, and any remedies provided to the Title IX Complainant designed to restore or preserve equal access to the University’s Education Program or Activity;
• Any request for review and the result therefrom;
• Any transcript or recording from a hearing under this Policy; and
• All materials used to train Title IX Personnel.

The University provides numerous education programs and awareness campaigns to prevent and promote awareness of sexual harassment, including Title IX Sexual Harassment, sexual assault, sexual abuse, domestic violence, dating violence, and stalking. In addition to covering the information addressed in this Policy, these programs will, among other things, provide information regarding options for bystander intervention and information on risk reduction strategies. Descriptions of these prevention and education programs can be found in the University’s annual security report titled Annual Security and Fire Safety Report.

The needs of someone who has experienced sexual harassment, including Title IX Sexual Harassment, sexual assault, sexual abuse, domestic violence, dating violence, or stalking, vary from person to person and may vary over time. The University offers a diverse array of services and external resources, many of which may be accessed 24 hours a day, so that a person may choose whatever would be most helpful and healing. Written information regarding these services and resources will be provided to individuals who report being victims of sexual harassment, including Title IX Sexual Harassment, sexual assault, sexual abuse, domestic violence, dating violence, or stalking. Exercising reasoned discretion, the University will provide supportive measures and accommodations including, but not limited to, University no-contact orders, changes to academic, living, dining, transportation, and working situations, and honoring an order or protection or no-contact order entered by a State civil or criminal court, to any victim who asks for them, so long as they are reasonably available, regardless of whether the victim reports the incident to law enforcement. Information regarding accommodations and interim protective measures may be obtained from the Title IX Coordinator for the University. Any accommodations or protective measures will be confidential so long as confidentiality will not impair the University’s ability to provide the accommodations or protective measures.

The University urges anyone who has experienced sexual assault, domestic violence, dating violence, or stalking to seek support as soon as possible to minimize and treat physical harm, assist with processing the unique and complex emotional aftermath, and help preserve and understand options for pressing charges. Individuals have many options with regard to reporting sexual assault, domestic violence, dating violence, and stalking, including reporting to the University of Chicago Police Department, the Chicago Police Department, and to various campus authorities. Additionally, victims have recourse through the civil and criminal court systems, by being able to seek orders of protection, no-contact orders, and other similar court orders. As feasible, the University will honor an order of protection or no-contact order entered by a State civil or criminal court so long as it has been notified of the order and its terms. Victims also have the option to decline to notify such authorities.

Even for someone who does not wish to report the event to the police or pursue disciplinary action, seeking medical attention as soon as possible is important. This may assist with preserving evidence, which may be necessary to the proof of criminal sexual assault, domestic violence, dating violence, or stalking, or to obtain an order of protection.

Medical Facilities

Hyde Park

University of Chicago Medicine Adult Emergency Room: Medical and Counseling Services: 773-702-6250, 5656 S. Maryland Ave., Chicago (24-hours)

The University of Chicago Emergency Room is the nearest medical facility to the Hyde Park campus and follows specific policies and procedures, approved by the State, in treating an individual who has been sexually assaulted. The State will pay for emergency room care for victims who have been sexually assaulted and do not have health insurance; if a victim provides health insurance information to the emergency room, the emergency room will bill the insurance company and the policy holder will be notified as usual.

• The victim is placed in a private room.
• Medical care is given as soon as possible.
• A Sexual Assault Survivor Advocate or a Sexual Assault Dean-on-Call (for a student) may be called based on a victim’s preferences.
• By law, city police are notified, and the victim may choose to file a report.
• The victim may have a medical forensic examination completed at no cost, pursuant to the Sexual Assault Survivors Emergency Treatment Act.

Gleacher Center

Northwestern Memorial Hospital Emergency Department is the medical facility offering sexual assault evidence collection and treatment nearest to the Gleacher Center.

251 E. Huron St., Chicago (24-hours) Telephone: 312-926-2000

Other Campuses

Medical providers near each of the University of Chicago’s other campuses are listed below. However, please note that outside the state of Illinois, hospitals are not subject to the Illinois law requiring the provision of certain services to sexual assault survivors free of cost.

Beijing

Haidian Hospital:  29th Zhongguancun Dajie, Haidan District, Beijing,

Telephone: 62583042/62583093

 Beijing United Family Hospital

Beijing United Family Hospital is farther from campus than Haidan Hospital, but offers English- speaking staff.  #2 Jiangtai Road, Chaoyang District, Beijing, China, 100015

Telephone: 400 891 9191

Delhi (All public or private medical hospitals in Delhi are required by law to provide free medical assistance to victims of sexual assault.)

Primus Super Specialty Hospital

2, Chandragupt Marg, Chanakyapuri, New Delhi 110 021, India

Telephone: (011) 66206620/30/40

Hong Kong

Queen Mary Hospital

102 Pok Fu Lam Road, Hong Kong Emergency Room (24 hours): +852-2255-3838 Private Clinic (limited hours): +852-2255-5688

London

The Havens

The Havens are self-contained centers located near London hospitals which are dedicated to providing assistance to victims of sexual assault. Among other things, the Havens offer forensic medical examinations, first aid, advice, emergency contraception, medical aftercare, and specialist support (e.g., counseling, psychology, and advocacy).

The Havens locations are: Camberwell Haven, near to King’s College Hospital (south); Whitechapel Haven, near to Royal London Hospital (east); and Paddington Haven, near to St Mary’s Hospital (west). For urgent advice and appointments, call 020-3299-6900 (available 24/7). For non-urgent information, call 020-3299-1599.

Marine Biological Laboratory (Woods Hole, Massachusetts)

Falmouth Hospital

100 Ter Heun Drive, Falmouth, MA 02540

Telephone: 508-548-5300

Paris

Hopital Saint Joseph

85 Rue Raymond Losserand, 75014 Paris

Telephone: 01 44 12 33 33

Please note that hospitals in France will not conduct a medical forensic examination without a police order. Local law enforcement nearest to the Paris campus is: Commissariat du 13ème arrondissement de Paris, 144 boulevard de l’Hôpital, 75013 Paris.

Singapore

Raffles Hospital

585 North Bridge Road Singapore 188770

Telephone: (65) 6311 1555 (emergency); (65) 6311 1111 (24/hr hotline for appointments)

Law Enforcement

University of Chicago Police Department: 773-702-8181 or 1-2-3 from a campus phone (24- hours)

The University of Chicago Police Department (UCPD) urges anyone who has been sexually assaulted to call immediately in order to strengthen the likelihood of successful prosecution. A UCPD officer can be summoned by calling 773.702.8181, pressing the red button on any of the emergency phones located throughout the community, or coming directly to the UCPD office at 6054 South Drexel Ave. Responsibilities of the UCPD when receiving a report of sexual assault, dating violence, domestic violence, or stalking are described in Section IV of this Policy.

The UCPD recommends the prompt reporting of sexual assault, domestic violence, dating violence, and stalking. Nevertheless, individuals should not be reluctant to file a report at a later date. Reporting an incident does not obligate a person to press charges.

Chicago Police Department: 911 (24-hours) or 9-911 from a campus phone

Anyone preferring not to report a matter to the University of Chicago Police Department may contact the Chicago Police Department.

Religious Organizations

A variety of groups offer pastoral care and a community of faith to address individual needs. For more information, visit http://spirit.uchicago.edu/

Office of International Affairs: 773-702-7752; international-affairs@uchicago.edu

The Office of International Affairs can provide information and assistance regarding visas and immigration. For more information, visit https://internationalaffairs.uchicago.edu/.

Resources Especially for Students

Sexual Assault Dean-on-Call: 773-702-8181, via University Police (24-hours) or via text through the UChicago Safe App.

At any time, students may contact a Sexual Assault Dean-on-Call, who is trained to respond to sexual assault, domestic violence, dating violence, and stalking emergencies. A student may contact this Dean-on-Call even before deciding whether to report the sexual assault, domestic violence, dating violence, or stalking to the police. The Sexual Assault Dean-on-Call is available to answer any general or personal questions related to sexual assault, domestic violence, dating violence, and stalking, and can help with:

• Finding emotional support
• Getting medical care
• Reporting the crime to the police
• Preserving evidence, and pressing charges
• Obtaining information regarding the rights of victims and the University’s responsibilities regarding orders of protection, no-contact orders, and other similar court orders.
• Adjusting living arrangements
• Managing academic obligations
• Getting counseling

Director, Response & Support Services and Deputy Title IX Coordinators for Students

Renae DeSautel (Director) can be reached at desautel@uchicago.edu or 773-702-0438.    You may contact Renae:

• If you are a student in need of any support services related to an incident of sexual assault, sexual abuse, sexual harassment, dating violence, domestic violence, or stalking (referred to here as “sexual misconduct”).
• If you are a student who has questions regarding this Policy or the University’s Policy on Harassment, Discrimination, and Sexual Misconduct.
• If you are a student who has questions regarding Title IX of the Education Amendments of 1972.
• If you are a student seeking information regarding or the implementation of Supportive Measures and accommodations related to a sexual misconduct matter.

Student Wellness: 773-702-WELL, 840 East 59th Street

Physicians and certified nurse practitioners provide for students ongoing follow-up health care and services, including pregnancy testing, counseling, and referral services; and sexually transmitted disease testing, diagnosis, and treatment. There is a 24-hours-a-day advice line available to students for consultation. While acute, immediate post-assault treatment is provided at the Emergency Room at 5656 S. Maryland Ave, the Student Health Service offers follow-up care, including health care services for students who have chosen not seek care immediately after an assault.

Student Wellness also supports students who are working through an experience of sexual assault, domestic violence, dating violence, or stalking, or questions about relationships and sexuality. Consultation with a staff member is available in person during regular business hours and by telephone for after-hours emergencies.

For more information, visit https://wellness.uchicago.edu/

Student Health Service Nurse Triage Line: 773-834-WELL

Confidential Advisor: 773-834-WELL, 840 E 59th St. (Ask to Speak with a Confidential Advisor) 

A Confidential Advisor is available by appointment through Student Wellness. This is a licensed clinician who has received an additional 40 hours of training on Sexual Violence. Communication with a Confidential Advisor is considered privileged communication.

Area Deans of Students

At any time, students may contact their area Dean of Students or Campus and Student Life. Deans of Students are available to help and work with students throughout the process, addressing short- term and long-term personal or academic issues that arise, including options for with changing academic, living, transportation, and working situations if requested and available https://csl.uchicago.edu/get-help/area-dean-of-students/

Resources for Sexual Violence Prevention (RSVP): 773-834-7738

RSVP organizes interactive peer workshops and educational programs on acquaintance rape prevention, sexual violence, and gender issues.  For more information, visit https://cares.uchicago.edu/.

Peer Health Educators: 773-702-8935

Organized by Health Promotion and Wellness, this group of students develops programs and presentations for students on a variety of sensitive subjects, including sexual health. For more information, visit http://wellness.uchicago.edu/.

Financial Aid

The University’s financial aid offices can provide information regarding and assistance navigating the University’s financial aid programs. Students may find contact information for their applicable financial aid office here:  https://csl.uchicago.edu/resources/policies-and-disclosures/disclosures/

Resources Especially for Faculty, Other Academic Appointees, Postdoctoral Researchers, and Staff

Equal Opportunity Programs

The Office of the Provost’s Equal Opportunity Programs leads and coordinates University efforts to address reports of discrimination, unlawful harassment, and sexual misconduct; to ensure accessibility; and to provide equal employment opportunities.  EOP staff contact information is located in Section IV of this Policy, you may find more information at: https://equalopportunityprograms.uchicago.edu/

Human Resources Employee and Labor Relations (for Staff)

Brett Leibsker serves as the Assistant Vice President for Human Resources.  You may contact Mr. Leibsker regarding complaints of misconduct by a staff member.  You may contact Mr. Leibsker by emailing elrelations@uchicago.edu, or by calling 773-834-2657, or by writing to Brett Leibsker, University of Chicago Human Resources, 6054 South Drexel Avenue, Chicago, IL 60637.

Perspectives (Employee Assistance Program) 24-hours: 800-456-6327

Counseling services are provided to staff, faculty, other academic appointees, and postdoctoral researchers affected directly and indirectly by sexual harassment, including Title IX Sexual Harassment, sexual assault, sexual abuse, domestic violence, dating violence, and stalking. http://www.perspectivesltd.com/.

Non-University Resources for Everyone

Community-based, State, and National Sexual Assault Crisis Centers

Chicago Rape Crisis Hotline (24 hours): 888-293-2080

Immediate and long-term referrals, information, and counseling.

LGBTQ Crisis Hotline (24 hours): 773-871-2273

Information, counseling, and referrals

Chicago Women’s Health Center: 773-935-6126

Gynecological care and counseling

1025 W. Sunnyside Ave., Suite 201, Chicago, 60640

http://www.chicagowomenshealthcenter.org

YWCA Metropolitan Chicago: 312-372-6600

Counseling and legal advocacy

1 N. LaSalle St. #1150, Chicago, 60602

http://www.ywcachicago.org

Parks Francis YWCA: 773-955-3100

Counseling and legal advocacy

6600 S. Cottage Grove Ave., Chicago, 60637

The Center on Halsted: 773-472-6469

Services for the LGBTQ community

3656 N. Halsted, Chicago, 60613

http://www.centeronhalsted.org

Resilience: 312-443-9603

Counseling and legal advocacy

180 N. Michigan Ave. #600, Chicago, 60601

https://www.ourresilience.org/

Mayor’s Office for Domestic Violence Help Line (24 hours): 877-863-6338

Information and referrals for shelters, counseling, legal advocacy, and more

Chicago Bar Association: 312-554-2000

Lawyer referral service

For more Illinois community-based sexual assault crisis centers, visit the Illinois Coalition on Sexual Assault, http://www.icasa.org

Marine Biological Laboratory (Woods Hole, Massachusetts)

Independence House, Inc.

Counseling, advocacy, and group counseling for survivors of rape, incest, stalking, sexual harassment, molestation, childhood sexual assault and intimate partner violence.

220 Main St. Fl. Ste. 200, Falmouth, MA 02540

800-439-6507

International Resources for Victims of Sexual Assault

Delhi

Rape Crisis Cell Delhi

Free legal services for rape victims; also assists with contacting law enforcement and obtaining medical examinations

2nd Floor, ‘C’ Block, Vikas Bhawan, I.P. Estate, New Delhi – 110002.

Nearest Metro Station: ITO

Telephone: +91-11-23370557

Delhi Commission for Women Telephone: 23378317, 23378044

Hong Kong

RainLily

24-hour crisis support, coordination with healthcare workers, social workers and police, forensic medical examinations

Room 405-410, Kin Man House, Oi Man Estate, Ho Man Tin, Kowloon, Hong Kong Telephone: 2392 2569; 2375 5322 (hotline)

Additional information regarding Hong Kong resources may be found on the U.S. Consulate’s website.

London

The Havens

As described above, the Havens are self-contained centers located near London hospitals which are dedicated to providing assistance to victims of sexual assault. In addition to medical  examinations and first aid, the Havens offer advice, emergency contraception, medical aftercare, and specialist support (e.g., counseling, psychology, and advocacy).

The Havens locations are: Camberwell Haven, near to King’s College Hospital (south); Whitechapel Haven, near to Royal London Hospital (east); and Paddington Haven, near to St Mary’s Hospital (west). For urgent advice and appointments, call 020-3299-6900 (available 24/7). For non-urgent information, call 020-3299-1599.

Rape Crisis England and Wales

Counseling, advocacy, and support to rape victims (women and girls only)

East London: PO Box 58203, London, N1 3XP

Telephone (helpline): 020 7683 1210

North London: Head Office, Unit 5-7 Blenheim Court, 62 Brewery Road, London, N7 9NY Telephone (helpline): 0808 801 0305

South London: P.O. Box 383, Croydon, London, CR9 2AW

Telephone (helpline): 0808 802 9999

West London: PO Box 56663, London, W13 3BJ

Telephone (helpline): 0808 801 0770

Singapore

Sexual Assault Care Center (SACC) at Association of Women for Action and Research (AWARE)

Counseling, legal services, and social work services for victims of sexual assault

Drop-in center: 5 Dover Crescent #01-22

Telephone (hotline): 6779 0282

A yearly report will be made to the Council of the University Senate: (1) detailing the number of different types of incidents of harassment and sexual misconduct brought to the attention of the University-wide Student Disciplinary Committee, Title IX Coordinators, Human Resources, and the University-Wide Disciplinary Committee; and (2) describing the goals of the University-wide program to prevent harassment and sexual misconduct and the ways in which those goals were implemented during the year. The report will be prepared by the Associate Provost for Equal Opportunity Programs and reviewed and approved by the University-Wide Disciplinary Committee, the Chair of which will present the report to the Council.

The University’s Policy on Title IX Sexual Harassment is consistent with federal, state, and local regulations governing non- discrimination and harassment including: the Age Discrimination in Employment Act, the Americans with Disabilities Act (as amended), the Civil Rights Acts of 1964 and 1991, Executive Order 11246, the Equal Pay Act of 1963, the Rehabilitation Act of 1973 (as amended), Title IX of the Education Amendments of 1972, Genetic Information Nondiscrimination Act of 2008, Lilly Ledbetter Fair Pay Act of 2009, the Illinois Human Rights Act, the City of Chicago Human Rights Ordinance, and the Cook County Human Rights Ordinance.

The crimes of domestic violence, dating violence and stalking were added by VAWA (effective March 7, 2014) as crimes reportable under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”). Pursuant to the Clery Act, these crimes are reported in the publication Annual Security and Fire Safety Report.

IDHR, IHRC, OCR, and EEOC Legal Recourse and Investigative/Complaint Process

Illinois Department of Human Rights (IDHR) and Illinois Human Rights Commission (IHRC)
A University of Chicago employee has the right to contact the Illinois Department of Human Rights (IDHR) for further information or to file a formal charge of unlawful discrimination, harassment, or retaliation. Charges must be filed within 180 days of alleged sexual harassment or other alleged discrimination unless it is a continuing offense. An appeal process is available through the Illinois Human Rights Commission (IHRC) after IDHR has completed its investigation of the complaint. The investigative, charge, and complaint process, and legal recourse processes are described in more detail at https://dhr.illinois.gov/filing-a-charge.html

IDHR may be reached at:
Illinois Department of Human Rights
555 W. Monroe St., Suite 700

Chicago, IL 60661
(312) 814-6200
(866) 740-3953 (TTY)
Other IDHR Offices:
Springfield:
(217) 785-5100
(866) 740-3953 (TTY)

IHRC may be reached at:
Illinois Human Rights Commission
Michael A. Bilandic Building
160 N. LaSalle St, Suite N-100
Chicago, IL 60601
(312) 814-6269
866-832-2298 (TTY)
Other IHRC Office:
Springfield:
(217) 785-4350
866-832-2298 (TTY)

Office of Civil Rights, U.S. Department of Education (OCR)
All members of the University community may also contact the Office for Civil Rights (a division of the United States Department of Education) to file a complaint pertaining to Title IX:

U.S. Department of Education
JCK Federal Building
230 S. Dearborn St., 37th Floor
Chicago, IL 60604
(312) 730-1560
TDD: 800-877-8339

U.S. Equal Employment Opportunity Commission
Members of the University community may also contact the U.S. Equal Employment Opportunity Commission, which enforces federal anti-discrimination laws. An individual may file a complaint with the EEOC within 300 days from the alleged harassment or discrimination unless it is a continuing offense. Additional information on the investigation process is available at https://www.eeoc.gov/employees/index.cfm.

Equal Employment Opportunity Commission
Chicago District Office
JCK Federal Building
230 S. Dearborn St., Suite 1866
Chicago, IL 60604
312-872-9777
TTY: 800-669-6820
ASL Video Phone: 844-234-5122

There may be additional federal, state, and local complaint processes available to University of Chicago employees.

Access to Information on Harassment, including Title IX Sexual Harassment, Discrimination, and Sexual Misconduct

This Policy, the University’s Policy on Harassment, Discrimination and Sexual Misconduct, and the University’s Policy on Consensual Relationships can be found in the Student Manual of University Policies and Regulations, on the Human Resources’ website, and on this Policy’s website.

Policy on Harassment, Discrimination and Sexual Misconduct

harassmentpolicy.uchicago.edu

Policy on Consensual Relationships

consensualrelationships.uchicago.edu

Business Conduct Policy (Personnel Policy U104) 

humanresources.uchicago.edu/fpg/policies

Counseling Service-Staff and Faculty Assistance Program (Personnel Policy U402)

humanresources.uchicago.edu/fpg/policies

Disciplinary Systems for Students

studentmanual.uchicago.edu/student-life-conduct/university-disciplinary-systems

Discipline for Faculty and Other Academic Appointees 

provost.uchicago.edu/handbook/clause/termination-or-removal-cause

Nepotism Policy for Faculty and Other Academic Appointees 

provost.uchicago.edu/handbook/clause/nepotism-policy-faculty-and-other-academic-appointees

Nepotism Policy for Staff (Personnel Policy U206) 

humanresources.uchicago.edu/fpg/policies

Progressive Corrective Action (Personnel Policy U703)

humanresources.uchicago.edu/fpg/policies

Termination of Employment Information (Personnel Policy U208) 

humanresources.uchicago.edu/fpg/policies

Treatment of Confidential Information (Personnel Policy U601) 

humanresources.uchicago.edu/fpg/policies