Comprehensive Policy for gender-based or sexual misconduct

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

  1. DEFINITIONS
    1. Consent
    2. Gender Based or Sexual Misconduct
    3. Domestic Violence
    4. Dating Violence
    5. Sexual Assault
    6. Stalking
  2. PREVENTATIVE PROGRAMS
    1. Primary Prevention and Awareness Programs
    2. Ongoing Prevention and Awareness Campaigns for Students and Faculty
  3. SANCTIONS AND PROTECTIVE MEASURES TO ADDRESS MISCONDUCT
  4. REPORTING OF GENDER-BASED OR SEXUAL MISCONDUCT
    1. ​Reporting Allegations of Gender Based or Sexual Misconduct
    2. Non-Retaliation and Additional Protection for Reporters
    3. To Report Confidentially
    4. Other Sources Who Can Maintain Confidentiality of a Report
    5. Non-Confidential Reporting Options
    6. Procedures for Responding to a Report of Gender-Based or Sexual Misconduct
    7. Complaint Resolution Procedures; Range of Sanctions
  5. Resources for Victims of Gender-Based or Sexual Misconduct
  6. Title IX Compliance
  7. Local Community Resources; National Hotlines

Members of the Kishwaukee College community, guests, and visitors have the right to be free from gender-based or sexual misconduct, as well as from domestic violence, dating violence, sexual assault, and stalking. The College will not tolerate these acts, which are further defined with other relevant terms below. 

Within its text or by links to pertinent cited documents posted on the College website, this policy provides, in the sections of this Comprehensive Policy cited below: 

  • A definition of consent (Section I.A.) 
  • Definitions of gender-based or sexual misconduct, domestic violence, dating violence, sexual assault, stalking (Section I.B.) 
  • Primary prevention and awareness programs (Section II) 
  • Sanctions for and protective measures to address gender-based or sexual misconduct, domestic violence, dating violence, sexual assault, and stalking (Section III) 
  • Procedures for reporting alleged gender-based or sexual misconduct, including confidential and non-confidential reporting options (Section IV.A. through Section IV.E.)
  • College procedures for responding to alleged gender-based or sexual misconduct (Section IV.F.)
  • Complaint resolution procedures (Section IV.G.)
  • Title IX contact information (Section V)
  • On campus and local resources for victims of gender-based or sexual misconduct 

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

  • what types of acts constitute gender-based or sexual misconduct, domestic violence, dating violence, sexual assault, and stalking, 
  • how to report such offenses, 
  • procedures for victims to follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, 
  • ways to prevent or reduce the incidence of such misconduct, and 
  • disciplinary procedures for and potential sanctions for engaging in such misconduct.
  1. DEFINITIONS 
    1. Consent 
      Consent is defined as permission to act. It may be given by words or actions, so long as those words or actions create clear, mutually understood permission to engage in (and the conditions of) sexual activity. Consent is a freely given agreement to sexual activity. 
      • A person’s lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent. 
      • A person’s manner of dress does not constitute consent. 
      • A person’s consent to past sexual activity does not constitute consent to future sexual activity. 
      • A person’s consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another. 
      • A person can withdraw consent at any time. 
      • 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: 
        • the person is incapacitated due to the use or influence of alcohol or drugs, 
        • the person is asleep or unconscious, 
        • the person is under age (16 years old or younger in Illinois), or 
        • the person is incapacitated due to a mental disability. 
    2. Gender-Based or Sexual Misconduct 
      1. Sexual harassment: Unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies, or limits a person’s ability to participate in or benefit from College educational programs or activities. 
      2. Non-Consensual Sexual Contact: Any intentional sexual touching, however slight and with any object or body part, that is without consent (as defined below) and/or is accomplished by force or coercion. This includes sexual assault, as defined in I.E. below, and intentional contact with breasts, buttocks, groin, mouth, or genitals, as well as any other intentional bodily contact that occurs in a sexual manner. 
      3. Non-Consensual Sexual Intercourse: Any sexual penetration or copulation, however slight and with any object or body part, which is without consent and/or by force, including sexual assault as defined in I.E. below. Intercourse includes anal or vaginal penetration by a penis, object, tongue, or finger, and oral copulation (mouth and genital/anal contact), no matter how slight the penetration or contact. 
      4. Sexual Exploitation: Taking non-consensual or abusive sexual advantage of an individual to benefit anyone other than the person being exploited. Examples include: invading privacy, video or audio recording sexual acts without consent, knowingly transmitting a Sexually Transmitted Infection (STI), sexually-based stalking or bullying, or exposing one’s genitals. 
      5. Other Gender-Based Misconduct: Physical harm, extreme verbal abuse, or other conduct that threatens the health or safety of any person on the basis of actual, expressed, or perceived gender identity, including: 
        1. Discrimination: Actions that deprive others of access, benefits, or opportunities based on irrelevant criteria. 
        2. Hazing: Acts likely to cause physical or psychological harm or social exclusion or humiliation. 
        3. Bullying: Repeated and/or severe aggressive acts likely to intimidate or intentionally hurt, control or degrade another person physically or mentally and/or comparably personal and private relationship. 
        4. Stalking: As defined in paragraph I.F. below, if the stalking activity is based on actual, expressed or perceived gender identity.
    3. Domestic Violence
      Domestic violence means a felony or misdemeanor crime of violence committed by 
      1. the victim’s current or former spouse or intimate partner, 
      2. a person with whom the victim shares a child in common, 
      3. a person cohabitating with or who has cohabitated with the victim as a spouse or intimate partner, 
      4. a person similarly situation to a spouse of the victim, under the domestic or family violence laws of Illinois, or 
      5. any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Illinois. 
    4. Dating Violence
      ​Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, with the existence of such a relationship to be determined based on consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the individuals involved. 
    5. Sexual Assault
      Sexual assault is an offense that meets the definition of rape, fondling, incest or statutory rape as used in the Federal Bureau of Investigation’s Uniform Crime Reporting System.
    6. Stalking
      Stalking means engaging in a course (pattern) of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or to suffer substantial emotional distress.
  2. PREVENTATIVE PROGRAMS 
    ​The College shall provide educational programs to promote awareness of the offenses of gender-based or sexual misconduct, domestic violence, dating violence, sexual assault, and stalking. The programs shall consist of but not be limited to: 
    1. Primary Prevention and Awareness Programs
      These programs shall be for all incoming students and new employees, and shall include 
      1. a statement that the College prohibits the offenses of gender-based or sexual misconduct, domestic violence, dating violence, sexual assault, and stalking; 
      2. Illinois’ definition of each of the foregoing offenses; 
      3. Illinois Criminal Code definition of consent, in reference to sexual activity; 
      4. safe and positive options for bystander intervention that an individual may carry out to prevent harm or to intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against another person; 
      5. information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and 
      6. the information described in Parts III and IV of this policy, below. 
    2. Ongoing Prevention and Awareness Campaigns for Students and Faculty
      These campaigns shall include the information described in II.A.1. through II.A.6, above.
  3. SANCTIONS AND PROTECTIVE MEASURES TO ADDRESS MISCONDUCT 
    Upon a final determination in a College disciplinary proceeding that a student has committed gender-based or sexual misconduct, domestic violence, dating violence, sexual assault, or stalking in violation of the Kishwaukee College Student Code of Conduct, that student shall be subject to the full range of “Sanctions for Prohibited Misconduct Other Than Academic Dishonesty”, provided for in the Code of Conduct. 
    These potential sanctions include protective measures such as restrictions on the student’s access to specified locations or facilities on the College campus, and no-contact orders prohibiting the student from contacting or attempting to contact or communicate with, by any means, the complainant who brought the charges which resulted in the student’s eligibility for sanctions, or other members of the College community as may be appropriate under the circumstances of a particular case. The Student Code of Conduct also provides that, prior to completion of disciplinary proceedings, the College may impose interim protective measures including access restrictions and no-contact orders as a condition of the student’s continued attendance while disciplinary proceedings are pending.
  4. REPORTING OF GENDER-BASED OR SEXUAL MISCONDUCT 
    1. Reporting Allegations of Gender-Based or Sexual Misconduct 
      A person who believes he or she has been subjected to, witnessed, or has knowledge of gender-based or sexual misconduct may file a complaint alleging violation(s) of this policy and/or the Student Code of Conduct. A person who believes he or she has been subjected to, witnessed, or has knowledge of an alleged violation of the comprehensive policy by such misconduct on the part of a College employee (faculty or other staff) may file a complaint through the Human Resources Office. 
      ​Reasons why an individual may wish to formally report gender-based or sexual misconduct include: 
      • • To seek formal action against someone, such as removing the person who is the subject of the report from a class or from campus, or putting a letter in his or her file; 
      • • To educate the person who is the subject of the report about why his or her act or actions are improper, through use of the campus conduct or complaint process; 
      • • To make the College aware of the act or actions in case they are part of a larger pattern of misconduct affecting others in the College community; 
      • • To receive support from or through the College in coping with a situation; 
      • • To request interim protective measures including College assistance in: 6 
      1. Changing classes, an on-campus work assignment, transportation or other arrangements related to attendance or employment at the College; 
      2. Obtaining a campus no contact order; or 
      3. Ensuring that an order of protection or no contact order entered by a state court will be adhered to on campus.
        Additional or interim remedies such as mediation may be provided concurrently with or in lieu of an investigation or student conduct proceeding. Mediation will not ordinarily be used to address sexual assault complaints. 
    2. NON-RETALIATION AND ADDITIONAL PROTECTION FOR REPORTERS
      Kishwaukee College prohibits retaliation against individuals who in good faith, report or file a complaint alleging gender-based or sexual misconduct, or otherwise participate in the complaint resolution procedures related to such allegations. Individuals who engage in retaliatory conduct will be subject to disciplinary sanctions.
      ​A student who in good faith reports alleged gender-based or sexual misconduct to an employee of the College who is responsible to receive such reports (including campus police, deans, directors, or other administrators with supervisory responsibilities) will not receive a disciplinary sanction for a student conduct violation that is revealed in the course of such a report, unless the College determines the violation was egregious, such as an action that places the health or safety of any other person at risk. 
    3. To Report Confidentially
      An individual who wants to report alleged gender-based or sexual misconduct but is concerned to keep details of the incidents confidential may disclose the misconduct allegations to on-campus licensed counselors or off-campus rape crisis resources who are in most situations legally entitled to maintain the confidentiality of such communications. Another alternative is to contact members of the clergy and chaplains off campus, who will also keep reports made to them confidential. Campus licensed counselors are available to help the reporting party free of charge, and can be seen on an emergency basis.
      ​This option to report confidentially may be of interest to an individual who: 
      • • Would like to know about support and assistance, but is not sure that he or she wants to pursue formal action against the individual believed to have committed gender-based or sexual misconduct, or 
      • • Has questions or would like to process what happened with a counselor, without involving police or campus disciplinary procedures.
        ​NOTE: Please be aware that even confidential resources are obliged to report such communications in some cases, such as in situations of imminent danger and/or sexual abuse of a minor. 
    4. Other Sources Who Can Maintain the Confidentiality of a Report
      A person who has experienced any type of gender-based or sexual misconduct can seek advice from certain sources who are not required to tell anyone else about his or her private, personally identifiable information unless there is cause for fear for the victim’s safety, or the safety of others. These sources of advice include College employees whose job responsibilities do not entail supervising other employees, and who do not have authority to report, investigate, discipline, or provide remedies for sexual misconduct. If a person is uncertain about an employee’s duties and his or her ability to maintain the confidentiality of the report, the person making the report should, before providing details of the situation, ask the employee whether he or she is in a position to maintain its confidentiality. If that employee does not believe that he or she can keep the information confidential, he or she may be able to provide contact information for another staff member who is in a position to do so.
      ​Some of these resource personnel are instructed to share incident reports with their supervisors, but will not share personally identifiable information about a report unless the reporter gives permission, except in the rare event that the incident reveals a need to protect the reporter or other members of the community. If personally identifiable information is shared, it will be shared on a need-to-know basis with as few people as possible, and efforts will be made to protect the privacy of the reporter (or other reporter of the information). This option may be useful if the reporter: 
      • • Is not sure or has questions about whether he or she wants to pursue criminal charges or to file a complaint; 
      • • Would like his or her experience to be included in the annual statistics about sexual misconduct incidents that occur on the College’s campus; and/or 
      • • Desires only minimal assistance from the College, such as switching to a different section of an instructor’s course or seeing a different advisor.
        NOTE: Although these resource individuals are not required to disclose the reporter’s identity, they may choose to do so in an effort to best assist the reporter. 
    5. Non-confidential reporting options
      The College desires to investigate and address gender-based and sexual misconduct. Therefore, the College encourages making formal reports of such incidents to campus Sheriff’s Office; deans, directors, or other administrators with supervisory responsibilities; the Office of the Dean Student Services, or the Office of Human Resources. Notice to these College individuals or entities is official notice to the institution. The College will investigate formal reports of sexual misconduct, and resolve and address such misconduct charges through administrative procedures.
      When a formal report of sexual misconduct is made, only people who need to know will be told of the report, and information concerning it will be shared only as necessary with investigators, witnesses, and the respondent individual. Please be aware that filing of a formal report may result in the victim’s (or other reporter’s) identity becoming known to the person or persons complained of, due to the circumstances and details of the incident. Nonetheless, this option should be considered if the victim: 
      • • Would like formal action taken against the individual(s) involved. Formal action can include College assistance in obtaining a restraining order, order of protection, filing criminal charges, or student discipline or employment action if the individual is found to have violated Student Conduct Code provisions, or College employment policies or rules. 
      • • Would like the College to be on notice of the alleged gender-based or sexual misconduct, in case it happens again or may be part of a pattern of such misconduct. 
    6. Procedures for Responding to a Report of Gender-Based or Sexual Misconduct
      ​Upon receiving a report of gender-based or sexual misconduct, College personnel will: 
      • Assist and interview the victim; 
      • Identify and locate witnesses; 
      • Contact and interview the respondent; 
      • Contact and cooperate with law enforcement, when applicable; and 
      • Provide victims of sexual assault or sexual violence with information regarding the importance of preserving physical evidence of the sexual violence, and the availability of a medical forensic examination at no charge. 
    7. Complaint Resolution Procedures; Range of Sanctions
      The College’s Complaint Resolution Procedures and the range of sanctions which may be imposed for gender-based and sexual misconduct are identified in Section III of this Comprehensive Policy and are detailed at the link to the Kishwaukee College Student Code of Conduct provided in Section III.
  5. Resources for Victims of Gender-Based or Sexual Misconduct
     

    The College’s first concern for an individual, who has been the target of any act of sexual violence or other sexual misconduct, is that person’s safety and well-being. In addition to resources offered on campus the College has partnered with Safe Passage to provide confidential advisor services to students affected by sexual misconduct.

    Confidential Advisor

    The College has partnered with Safe Passage to provide confidential advisor services to students affected by sexual assault, domestic violence, dating violence and stalking. Confidential Advisors have received the required training to provide emergency and ongoing support services to student survivors of sexual misconduct. 

    Safe Passage
    On campus office hours located in Student Services 
    Walk-ins welcome. Appointments scheduled at: 815-756-5228

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

    Counseling Center
    Sarah Marsden   815-825-9421
    Carolyn Kernan   815-825-1703

  6. Non-confidential resources

    On-Campus Law Enforcement:  Non-confidential resource
    DeKalb County Sheriff’s Office C2177 815-825-9529

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

    Dean, Student Services  
    Kishwaukee College 
    21193 Malta Rd.  
    Malta, IL 60150 
    815-825-9365

    Executive Director, Human Resources
    Kishwaukee College 
    21193 Malta Rd.
    Malta, IL 60150
    815-825-9324

    Students with complaints of this nature also have the right to file a formal complaint with the United States Department of Education: 
    Office for Civil Rights (OCR) 
    400 Maryland Avenue, SW 
    Washington, DC 20202-1100 
    Customer Service Hotline #: 800-421-3481 
    Facsimile: 202-453-6012

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

Local 

 
Safe Passage: 24 hour crisis line for Sexual Assault and Domestic Violence 815-756-5228 
HOPE of Ogle County: 24 hour crisis line for Domestic Violence
815-562-8890
DeKalb Crisis Line 
866-242-0111 
DCFS Child Abuse: Child Abuse Hotline 
800-252-2873 
Police Department Emergency 
Dial 9-1-1 
Rockford Sexual Assault 
 800-564-8441
Mental Health
 
Norhtwestern Medicine Ben Gordon Mental Health Center  
866-BGC-0111 
Sinnissippi Center, Inc. of Ogle County 
800-242-7642 
Area Hospitals 
Northwestern Medicine Kishwaukee Hospital 
815-756-1521 
Northwestern Medicine Valley West Hospital, Sandwich 
815-786-8484 
Rochelle Community Hospital 
815-562-2181 
State’s Attorney 
DeKalb County State’s Attorney 
815-895-6521 
Ogle County State’s Attorney 
815-732-1170 
National Hotlines 
Sexual Assault and Abuse: Sexual Assault Hotline 
815-758-7922 
Suicide Hotline: 24-Hour Suicide Hotline (1-800-SUICIDE) 
800-784-2433 
National Center for Victims of Crime 
800-394-2255 
National Domestic Violence Hotline 
800-799-SAFE 
National Sexual Assault Hotline 
800-656-HOPE 

Revised 12/13/16