Policies & Procedures

Introduction

The Non-Discrimination and Non-Harassment Policy and Complaint Procedures reflect SIUE’s commitment to the prohibition of all forms of discrimination and harassment in educational programs, activities, and employment.

This Policy and Complaint Procedures apply to all forms of discrimination including, but not limited to discrimination based on race, color, national origin, disability, religion, age, and more.

This Policy and Complaint Procedures also apply to allegations of discrimination based on sex, sexual orientation, gender expression, gender identity, and prohibit sexual misconduct including sexual harassment.

The University has two policies that address sexual harassment: (1) this Non-Discrimination and Non-Harassment Policy and Complaint Procedures and (2) the Title IX Sexual Harassment Policy. These policies are interrelated and must be read together.

Non-Discrimination and Non-Harassment Policy and Complaint Procedures Subsections

1.  Non-Discrimination and Non-Harassment Policy Statement
2. Non-Discrimination Contact
3. Scope
4. Mandated Reporting and Confidential Resources
5. Jurisdiction
6. Scope of Prohibited Conduct
7. Confidentiality vs. Privacy
8. Terminology
9. Prohibited Conduct
10. Basic Requirements of Discrimination Complaint Procedures
11. Disability Accommodations
12. Procedures for Reporting Discrimination to the University
13. Initial Evaluation
14. Consolidation of Complaints
15. Notice of Allegations
16. Advisor of Choice and Participation of Advisor of Choice
17. Informal Resolution
18. Investigation and Determination of Responsibility
19. Sanctions
20. Dismissal of a Complaint
21. Appeal of Dismissals and Determinations
22. Retaliation
23. Filing Complaints with External Agencies
24. Document Retention
25. Dissemination of Policy
26. Prevention
    
    

1. Non-Discrimination and Non-Harassment Policy Statement
   1. General Policy Statement

      
      It is the policy of Southern Illinois University Edwardsville (SIUE) that all students, faculty, staff, and guests should be able to experience an educational and work environment free from discrimination, and discriminatory harassment. Discrimination against any person or group of persons on the basis of race, color, national origin, ancestry, religion, sex, sexual orientation, gender expression, gender identity, marital status, genetic history (including family medical history), age, physical or mental disability, pregnancy or related conditions, military status, veteran status, or unfavorable discharge from military service is prohibited.
      
      This Policy on non-discrimination and non-harassment reaffirms SIUE’s commitment to maintain an environment in which ideas are pursued free of intimidation or fear, and the Policy applies to admissions, employment, access to and treatment in all University programs and activities. This Policy covers non-discrimination and non-harassment in employment and in access to educational programs and opportunities.

      The University will promptly and effectively address any such discrimination of which it has Knowledge/Notice using the resolution process in the Procedures. Each member of the University community shares a common responsibility to maintain an environment free from discrimination and harassment.

2. Non-Discrimination Contact

   The Equal Opportunity, Access and Title IX Coordination Office (EOA) is responsible for responding to and, when appropriate, investigating complaints of discrimination including harassment.
   
   
   1. Individuals wanting to file a complaint can do so utilizing an online discrimination complaint form available on the Equal Opportunity, Access, and Title IX Coordination Office (“EOA”) Website (https://www.siue.edu/eoa/) or by  contacting EOA at the following: Rendleman Hall, Room 3314, Box 1025, Edwardsville, IL 62026-1025, (618) 650-2333 ; EOA-TitleIX@siue.edu.
3. Scope
   
   

   This Policy and complaint procedure provides for the prompt and equitable resolution of discrimination complaints made by students, employees, contractors, visitors and other individuals who are participating or attempting to participate in a University program or activity.
   
   While this Policy addresses the broad scope of discrimination and harassment, including sexual harassment, the Title IX Sexual Harassment Policy and Complaint Procedures address a narrow scope of sex-based discrimination allegations. Any complaint of sex-based discrimination that meets the criteria set out in the Title IX policy will be addressed utilizing the Title IX Complaint Procedures. Title IX Policy & Complaint Procedure – Sex-Based Harassment- 2C9 & 3C8.

4. Mandated Reporting and Confidential Resources

   All University employees (including student-employees), other than those deemed Confidential Employees, are considered mandatory reporters, and are expected to promptly report all known details of actual or suspected discrimination, discriminatory harassment, and/or retaliation to the EOA Director/Title IX Coordinator* (*throughout this policy, any reference to “EOA Director/Title IX Coordinator” includes “or their designee” unless specifically stated otherwise) immediately.

   • Counseling Services – provides mental health counseling to students. Because of the privileged nature of these conversations, Counseling Services will not share information about a patient/client (including whether or not that individual has received services) with the EOA Director/Title IX Coordinator or any other employee of the University without that person’s express written permission.

   • Health Service – provides students with non-emergent or follow-up medical services and provides an opportunity to discuss any health care concerns in a confidential medical setting. Health Service is committed to protecting the privacy and confidentiality of all patient/client health information. All patient interactions with Health Service are considered strictly confidential.

   • Confidential Advisor (Sexual Harassment Complaints) – provides emergency and ongoing support to students impacted by sexual violence and relationship violence.
     
     The Confidential Advisor is:
     Metro East Every Survivor Counts Metro East Every Survivor Counts | Sexual Assault Help and Services | Illinois
     618-397-0975 (24/7 Hotline)

   • Timely Care – SIUE students and employees now have FREE, 24/7 access to virtual care services from TimelyCare. Student and Employees do not need insurance to access TimelyCare services. Download the app.
     
     As part of SIUE’s partnership with TimelyCare, SIUE students and employees have access to services in TimelyCare, including:

     • TalkNow: 24/7, on-demand emotional support to talk about anything, including anxiety, relationships, depression, and school or work-related stressors.

     • Scheduled Counseling: Choose the day, time, and mental health provider that best works for you. (9 visits per year)

     • Health Coaching: Develop healthy lifestyle behaviors, including nutrition, sleep habits, time management, and mindfulness.

     • Self-Care Content: Visit the “Explore” page within TimelyCare for guided self-care content, including yoga and meditation sessions, as well as group conversations with our providers on a variety of health and well-being topics.

   • Employee Assistance Program & Counseling (EAP) Employees have access to the Employee Assistance Program (EAP), which is a free and confidential resource.   More information is available on the Central Management Services Employee Assistance Program web site.

5. Jurisdiction
   
   This Policy  applies to all discrimination allegations occurring under the University’s Education Programs or Activities (defined as including locations, events, or circumstances in which the University exercises substantial control over both the Respondent and the context in which the conduct occurred), circumstances where the University has disciplinary authority, and to allegations of misconduct occurring within any building owned or controlled by a University-recognized student organization.
   
   This Policy may also apply to the effects of off campus conduct that limit or denies a person’s access to a University education program or activity.
   
   The University may also extend Jurisdiction to off-campus and/or to online conduct when the conduct affects a substantial interest of the University.
   
   Examples of what may constitute a substantial interest of the University include:
   
   
   1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law.
      
      
   2. Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student, employee, or other individual.
      
      
   3. Any situation that significantly impinges upon the rights, property, or achievements of others within the University community.
      
      
   4. Any situation that substantially interferes with the University’s educational interests or mission.
6. Scope of Prohibited Conduct
   
   
   1. Discrimination
      
      The following are strictly prohibited by this Policy and are subject to disciplinary action up to and including discharge:
      
      
      • Discrimination, including discriminatory harassment, in any form covered by this Policy;
      • Retaliation for seeking information on discrimination, making an allegation, filing a complaint, or testifying, assisting, or participating in an investigation proceeding or hearing involving a complaint of discrimination; and
      • Intentional false accusations.
7. Confidentiality vs. Privacy
   
   
   • Confidentiality – References made to confidentiality refer to the ability of identified confidential resources to not report alleged crimes and policy violations to law enforcement or University officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse.
     
     
   • Privacy – References made to privacy mean University offices and employees who cannot guarantee confidentiality will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to address requests for interim measures by the parties, investigate and/or seek a resolution of a reported concern, and to notify the EOA Director/Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. The University will limit the disclosure as much as practicable, even if the EOA Director/Title IX Coordinator determines that the request for confidentiality cannot be honored.
8. Terminology
   
   
   • Admission. “Admission” means selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an Education Program or Activity operated by the University.
     
     
   • Business Days. “Business Days” are weekdays that are not specified as University holidays or closure days.
     
     
   • Complaint. “Complaint” is an oral or written report of alleged discrimination or harassment that objectively can be understood as a request for the University to investigate the allegation.
     
     
   • Complainant. “Complainant” refers to the person alleged to have been subjected to discrimination or harassment in violation of the University’s Non-Discrimination Policy. The University may serve as the Complainant when the person alleged to have been subjected to discrimination or harassment in violation of the University’s Non-Discrimination Policy chooses not to act as the Complainant in the resolution process or requests that the complaint not be pursued.
     
     
   • Confidential Employee. “Confidential Employee” is defined as:
     
     
     • an employee whose communications are privileged under federal or state law. The employee’s confidential status is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
       
       
     • an employee of the University who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination. The employee’s confidential status is only with respect to information received while conducting the study.
   • Disability. The University is committed to meeting its obligations under Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990 (ADA), as amended by the ADA Amendments Act of 2008, and other applicable federal and state regulations that prohibit discrimination on the basis of disability. These laws require that no qualified person shall, solely by reason of disability, be denied access to, participation in, or the benefits of, any program or activity operated by the University.
     
     
   • Domestic Violence. “Domestic Violence” any felony or misdemeanor crimes committed by a person who: (A) is a current or former partner of the victim under the family or Domestic Violence laws of Illinois, or a person similarly situated to a spouse of the victim; (B) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (C) shared a child in common with the victim; or (D) commits acts against a youth or adult victim who is protected from those acts under the family or Domestic Violence laws of Illinois;
     
     
   • On the Basis of Sex. “On the Basis of Sex” throughout this Policy means conduct that is sexual in nature, or that is directed to the Complainant because of their actual or perceived sex, sexual orientation, or gender identity.
     
     
   • Pregnancy or Related Medical Conditions. “Pregnancy or Related Medical Conditions” include:
     
     
     • Pregnancy, childbirth, termination of pregnancy, or lactation;
     • Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
     • Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
   • Relevant. “Relevant” means related to the allegations of discrimination under investigation as part of this Policy. Questions are relevant when they seek evidence that may aid in showing whether the alleged discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged discrimination occurred.
     
     
   • Remedies. “Remedies” are measures provided, as appropriate, to a Complainant or any other person identified as having had their equal access to a University Education Program or Activity limited or denied by discrimination. These measures are provided to restore or preserve that person’s access to a University Education Program or Activity after a determination that discrimination occurred.
     
     
   • Respondent. “Respondent” is a person who is alleged to have violated the University’s prohibition on discrimination.
     
     
   • Sexual Assault “Sexual Assault” is any type of sexual contact or sexual intercourse with another that occurs without that person’s knowing and voluntary consent.
     
     
   • Sexual Exploitation “Sexual Exploitation” is taking advantage of the sexuality of another person without consent or in a manner that extends the bounds of consensual sexual activity without the knowledge of the other individual for any purpose, including sexual gratification, financial gain, personal benefit, or any other non-legitimate purpose. Examples of sexual exploitation include but are not limited to:
     
     
     • non-consensual video or audio-taping of sexual activity;
     • going beyond the boundaries of consent (such as letting others hide in the closet to watch you having consensual sex);
     • engaging in voyeurism;
     • knowingly transmitting a ssexually ttransmitted disease or HIV to another person;
     • exposing one’s genitals in non-consensual circumstances;
     • inducing another to expose their genitals.
   • Stalking “Stalking” is engaging in a course of conduct (2 or more acts) directed at a specific person that would cause a reasonable person to: (A) fear for the person’s safety or the safety of others; or (B) suffer substantial emotional distress.
     
     
   • Student. “Student” is an individual who has gained admission to the University.
9. Prohibited Conduct
   
   Students, employees, and other members of the University community are entitled to an employment and educational environment that is free of discrimination, harassment, and retaliation.
   
   The sections below describe the specific forms of legally prohibited discrimination, harassment, and retaliation that are also prohibited under University Policy. When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of Policy, though supportive measures will be offered to those impacted, as appropriate.
   
   Any of the following offenses can be charged as or combined as pattern offenses, in which case the Notice of Allegations will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a potential substantial similarity to incidents where the proof of one could make it more likely that the other(s) occurred, and vice-versa. Patterns may exist based on target selection, similarity of offense, or other factors. Where a pattern is found, it can be the basis to enhance sanctions, accordingly.
   
   Violation of any other University policies may constitute discrimination or discriminatory harassment when motivated by actual or perceived protected characteristic(s), and the result is a limitation or denial of employment or educational access, benefits, or opportunities.
   
   
   1. Discrimination
      
      Discrimination is different treatment with respect to an individual’s employment or participation in an education program or activity based, in whole or in part, upon the individual’s actual or perceived protected characteristic. Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed.
      
      Discrimination can take the following forms:
      
      
      • Disparate Treatment Discrimination:
        • Any intentional differential treatment of a person or persons that is based on an individual’s actual or perceived protected characteristic and that:
          • Excludes an individual from participation in;
          • Denies the individual benefits of; or
          • Otherwise adversely affects a term or condition of an individual’s participation in a University program or activity.
      • Disparate Impact Discrimination:
        • Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:
          • Excludes an individual from participation in;
          • Denies the individual benefits of; or
          • Otherwise adversely affects a term or condition of an individual’s participation in a University program or activity.
      • Discriminatory Harassment/Hostile Environment for Discrimination Complaints:
        • unwelcome conduct on the basis of actual or perceived protected characteristic(s), that
        • based on the totality of the circumstances,
        • is subjectively and objectively offensive, and
        • is so severe or pervasive and objectively offensive by a reasonable person in the same circumstances
        • that it affects an employee’s work performance, limits a student’s ability to participate in or benefit from a University program or activity, or creates an intimidating, threatening or abusive working or academic environment. Sexual harassment generally includes something beyond the mere expression or display of views, words, symbols, images, or thoughts that some person finds offensive.
          
          Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the totality of the circumstances.
      • Sex-Based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; specifically in the form of alleged acts of sexual assault, sexual exploitation, dating violence, domestic violence, and stalking  (in matters not covered by the Title IX Policy & Complaint Procedure (2C9 & 3C8).
        
        The University reserves the right to address offensive conduct and/or harassment that (1) does not rise to the level of creating a hostile environment, or (2) that is of a generic nature and not based on a protected characteristic. If the alleged conduct could be a violation of another University Policy, the matter may be referred to the appropriate office for further consideration. Unless the alleged conduct if true, violates another University policy, addressing such conduct will not result in the imposition of discipline under this Policy but may be addressed through respectful conversation, remedial actions, education, effective Alternative Dispute Resolution, and/or other Informal Resolution mechanisms.
        
        
      • Consensual Relationships
        
        Consensual amorous or sexual relationships between employees and students or between a supervisor and an employee may result in claims of sexual harassment, even when both parties appear to have consented to the relationship. The power differential inherent in such relationships may compromise the subordinate’s free choice. When those in authority abuse or appear to abuse their power in a relationship, trust and respect in the University community are diminished. Moreover, others who believe they are treated/evaluated unfairly because of such a relationship may make claims of discrimination.
        
        No faculty, staff, or graduate assistant shall become iinvolved in an amorous relationship, consensual or otherwise, with a student for whom that person currently has any teaching or supervisory responsibility, including counseling and advising, coaching, supervision of independent studies, research, theses, and dissertations.
        
        Additionally, it is a violation of this Policy for a supervisor and a directly reporting employee to have a consensual amorous or sexual relationship with each other. In cases in which a consensual sexual or amorous relationship exists or develops between a supervisor and a directly reporting employee, it is the obligation of the supervisor to disclose the relationship immediately to their supervisor, who will contact Human Resources for assistance in how to address options including, but not limited to, restructuring of supervisory channels.
10. Basic Requirements of Discrimination Complaint Procedures
    
    
    1. Equitable Treatment:  The University will treat Complainants and Respondents equitably.
       
       
    2. Conflicts and Bias: The University requires that anyone involved in the resolution of discrimination complaints on behalf of the University (including but not limited to the EOA Director/Title IX Coordinator, EOA Assistant Director/Deputy Title IX Coordinator, ADA/504 Coordinator, investigator, decisionmaker, or appeals officer) not have a conflict of interest or bias for or against Complainants or Respondents generally, or an individual Complainant or Respondent. A decisionmaker may be the same person as the Title IX Coordinator or investigator.
       
       
    3. Presumption: The University presumes that the Respondent is not responsible for the alleged sex or other discrimination until a determination is made at the conclusion of its Grievance Procedure.
       
       
    4. Reasonably Prompt Timeframes: The University has established timeframes for the major stages of the discrimination complaint grievance procedures:
       • Evaluation (decision whether to dismiss or investigate a Complaint) will occur within 20 business days of the notice of the Complaint.
       • Investigation will generally be completed within 20 business days after the Evaluation of the Complaint.
       • Determination of Responsibility will be completed, and parties notified of the same no more than 10 business days after the completion of the investigation.
       • Appeal: The Parties will have a limited right to file an appeal of the Determination of Responsibility within 5 business days of the issuance of the decision.
    5. Extensions: The University allows for the reasonable extension of timeframes on a case-by-case basis for good cause, with notice to the Parties that includes the reason for the delay. The Complainant and Respondent will be notified in writing via electronic communication the reason for the delay and the anticipated timeframe for completion of the major stage underway.
       
       
    6. Privacy: The University will take reasonable steps to protect the privacy of the Parties and witnesses during its complaint process. These steps will not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses; consulting with their family members, confidential resources, or advisors; or otherwise preparing for or participating in the discrimination complaint process. The Parties cannot engage in retaliation, including against witnesses.
       
       
    7. Objectivity: The University will objectively evaluate all evidence that is relevant and not otherwise impermissible.
       
       
    8. Impermissible Evidence: The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the University to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:
       • Evidence that is protected under a privilege recognized by federal or state law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
       • A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless the University obtains that Party’s or witness’s voluntary, written consent for use in its grievance procedures.
11. Disability Accommodations
    
    
    1. Generally
       
       This Procedure does not alter any institutional obligations under federal and state disability laws, including but not limited to the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Discrimination Complaint Procedure, that do not fundamentally alter the Procedure. The Title IX Coordinator (or their designee) will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.
       
       
    2. Reasonable Accommodations
       
       If the Complainant or Respondent discloses a disability during this complaint process and requests an accommodation, the EOA Director/Title IX Coordinator  may refer the party to  the University’s Accessible Campus Community & Equitable Student Support Office (ACCESS) to engage in an interactive process  to determine what reasonable accommodations are needed to ensure equitable access to the resolution process.
12. Procedures for Reporting Discrimination to the University
    
    
    1. Complaints
       • Discrimination Complaints – The following people have a right to make a Complaint of discrimination:
         
         • A student or employee of the University who is alleged to have been subjected to conduct that could constitute discrimination; or
         • A person other than a student or employee of the University who is alleged to have been subjected to conduct that could constitute discrimination at a time when that individual was participating or attempting to participate in a University Education Program or Activity, seeking employment with the University; or
         • The EOA Director/Title IX Coordinator

Individuals interested in bringing forward a discrimination complaint are encouraged to seek resolution of the matter at the lowest level possible with support through EOA.

• Types of Complaints that may be addressed under these Complaint Procedures include, but are not limited to:
  • Complaints of retaliation;
  • Complaints of discrimination (other than those that involve allegations of Title IX Sexual Harassment see Title IX Policy & Grievance Procedure Sex-Based Harassment 2C9 & 3C8);
  • Complaints regarding failure to make reasonable modifications to policies, practices or procedures as necessary to ensure equal access and prevent sex discrimination on the basis of parental, family or marital status, including pregnancy or related conditions; or
  • Complaints regarding failure to make reasonable modifications to policies, practices or procedures as necessary to ensure equal access and prevent discrimination on the basis of disability; or
  • Complaints that the University’s policies or procedures discriminate on the basis of a protected identity as set forth in the University’s Non-Discrimination Statement.
• Format of Complaint
  
  Individuals interested in utilizing this discrimination complaint process should report Complaints to the EOA. A Complaint can be in the form of an oral or written report of alleged discrimination or harassment that objectively can be understood as a request for the University to investigate the allegation.
  
  Online reporting forms and information on meeting with EOA staff can be found on the EOA website.
  
  
• Anonymous Reports
  
  Individuals may submit anonymous reports of discrimination or harassment by telephone, in writing or electronically on forms found on the EOA website. The University’s ability to respond to such complaints is often quite limited when it comes to stopping the alleged conduct, collecting evidence, or taking action against parties accused of violating this Policy.

2. Supportive Measures
   
   Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Complaint.  These measures are designed to restore or preserve equal access to the University’s education programs, activities or employment without unreasonably burdening the other Party, including measures designed to protect the safety of all Parties or the University’s education environment, or deter discrimination and harassment.  The University will maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the supportive measures.  EOA is responsible for the effective implementation of supportive measures.
   
   Mutual Restriction Directives
   
   
   • Pursuant to these Procedures, only the EOA may issue a mutual restriction on contact between the parties as an interim measure.
   • EOA shall not impose a mutual restriction on contact as an interim measure unless the allegations and the information available to it indicate that (i) discriminatory harassment or other unlawful conduct may have occurred, and (ii) further discriminatory harassment or unlawful conduct is likely to result if the mutual restriction on contact is not issued.
   • Any such mutual restriction on contact issued shall automatically expire at the conclusion of the resolution process.
   • At any time during which a mutual restriction on contact is in effect, a party may object to the mutual restriction on contact, and the University will review the decision and the basis for the objection. Based on the review, the EOA may rescind, modify, or leave in place the mutual restriction on contact. Once such a review has occurred, future requests for changes/modifications will be considered only when the requesting party asserts, and provides information to support, that they have experienced a significant change of circumstances such that consideration is warranted.
   • Upon issuing any mutual restriction on contact as an interim measure, EOA shall inform the respondent of the identity of the complainant(s) and the conduct alleged against the respondent, including the date(s), time(s), and location(s) of alleged conduct known by EOA.
   • Notwithstanding the above, EOA may issue a mutual restriction on contact between the parties with the consent of both parties.
3. Emergency Removal
   
   The University retains the authority to remove a Respondent from an Education Program or Activity on an emergency basis, where the University (1) undertakes an individualized safety and risk analysis, and (2) determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of discrimination-based harassment justifies removal.
   
   
4. Administrative Leave
   
   The University retains the authority to place an employee Respondent on administrative leave with pay during the discrimination complaint process, as deemed necessary and appropriate.

13. Initial Evaluation
    
    The EOA Director/Title IX Coordinator conducts an initial evaluation typically within twenty (20) business days of receiving Notice/Complaint/Knowledge of alleged misconduct. The initial evaluation typically includes:
    
    
    1. Assessing whether the reported conduct may reasonably constitute a violation of the Policy.
       • If the conduct may not reasonably constitute a violation of the Policy, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. It may then be referred to another process or office, if applicable.
    2. Determining whether the University has jurisdiction over the reported conduct, as defined in the Policy.
       • If the conduct is not within the University’s jurisdiction, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. If applicable, the conduct may be referred to the appropriate entity for resolution.
    3. Offering and coordinating supportive measures for the Complainant.
       
       
    4. Offering and coordinating supportive measures for the Respondent, as applicable.
       
       
    5. Notifying the Complainant, or the person who reported the allegation(s), of the resolution processes, including a supportive and remedial response, an Informal Resolution option, and the Resolution Process described below.
       
       
    6. Determining whether the Complainant wishes to make a Complaint and engage in the resolution process.
       
       
    7. Notifying the Respondent of the resolution processes, including a supportive and remedial response, an Informal Resolution option, or the Resolution Process described below, if a Complaint is made.
       
       
    8. Determining if the reported concerns can be addressed to the satisfaction of the parties through a remedial response or informal resolution.
14. Consolidation of Complaints
    
    The University may consolidate Complaints of discrimination against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations of discrimination arise out of the same facts or circumstances. When more than one Complainant or more than one Respondent is involved, references below to a Party, Complainant, or Respondent include the plural, as applicable.
    
    
15. Notice of Allegations
    
    Upon initiation of the University’s discrimination complaint procedure, the University will notify the Parties of the following:
    
    
    • The University’s discrimination complaint  procedure and any informal resolution process;
    • Sufficient information available at the time to allow the Parties to respond to the allegations, including the identities of the Parties involved in the incident(s), the conduct alleged to constitute discrimination, and the date(s) and location(s) of the alleged incident(s);
    • That Retaliation is prohibited; and
    • The Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence.

If, in the course of an investigation, the University decides to investigate additional allegations of discrimination by the Respondent toward the Complainant that are not included in the notice provided or that are included in a Complaint that is consolidated, the University will notify the Parties of the additional allegations.

16. Advisor of Choice and Participation of Advisor of Choice
    
    The University has a long-standing practice of requiring students and employees to participate in the process directly and not through an advocate or representative. Individuals participating as complainant or respondent in this process may be accompanied by an Advisor of Choice to any meeting or hearing to which they are required or are eligible to attend. The Advisor of Choice is not an advocate.  Advisors of Choice shall not participate directly in the process as per standard policy and practice of the University.
    
    An Advisor may be an attorney or a labor representative.
    
    If an Advisor is also an attorney or labor representative, they are still limited to a supportive and non-participatory role. Advisors of choice shall not participate directly in any process or represent any person involved; nor can an Advisor speak, write, or otherwise communicate with witnesses, other parties, Investigator, Hearing Officer, Hearing Panel member, Appellate Officer, or the EOA Director/Title IX Coordinator on behalf of the individual they are advising.
    
    Advisors may not engage in behavior or advocacy that harasses, abuses, or intimidates either the Reporting or Responding party, a witness, or individuals involved in resolving the complaint. Advisors who do not abide by these guidelines and/or create undue delay(s) of the process due to their involvement may be excluded from the process.
    
    The University will not intentionally schedule meetings or hearings on dates where the Advisors of Choice for all parties are not available, provided that the Advisors act reasonably in providing available dates and work collegially to find dates and times that meet all schedules.
    
    
17. Informal Resolution
    
    
    1. Procedures for Entering and Exiting Informal Resolution Process
       
       At any time prior to determining whether discrimination occurred under this Complaint Process, including prior to making a Complaint, Parties may instead seek the University’s assistance to resolve allegations of discrimination, and may elect to enter the informal resolution process.
       
       No Party may be required to participate in informal resolution, and the University will not condition enrollment, employment, or enjoyment of any other right or privilege upon agreeing to informal resolution.
       
       The Parties may elect to leave the informal resolution process at any point until the informal resolution process is concluded. If a Party elects to leave the informal resolution process, the Complaint Process that the Parties paused will continue. In participating in the informal resolution process, the Parties understand that the timeframes governing the complaint process will temporarily cease and only reinstate upon reentry into the Complaint Process.
       
       Supportive Measures will be available, or continue to be available if already provided, during an informal resolution process, if elected to proceed. The EOA Director/Title IX Coordinator will also, to the extent necessary, take other appropriate, prompt and effective steps to ensure that Discrimination does not continue or recur within the University’s Education Program or Activity.
       
       
    2. Notice Prior to Entry into Informal Resolution Process
       
       Before the initiation of an informal resolution process, the EOA Director/Title IX Coordinator must provide to the Parties a written notice that explains:
       
       
       • The allegations;
       • The requirements of the informal resolution process;
       • That, prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and to initiate or resume the University’s Complaint Process;
       • That the Parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the Parties from initiating or resuming the University’s Complaint Process arising from the same allegations;
       • The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties; and
       • What information the University will maintain and whether and how the University could disclose such information for use in its Complaint Process if it is initiated or resumed
    3. Determination to Approve Entry into Informal Resolution Process
       
       Even where the Parties agree to submit a matter to informal resolution, the EOA Director/Title IX Coordinator or other designated official must approve the decision to move the matter to the informal resolution process, and may determine that informal resolution is not appropriate under the circumstances.
       
       Factors that may be weighed in considering the appropriateness of the informal resolution process include, but are not limited to, the gravity of the allegations, whether there is an ongoing threat of harm or safety to the campus, whether the Respondent is a repeat offender, whether the alleged conduct would present a future risk of harm to others, and whether the Parties are participating in good faith. This determination is not subject to appeal.
       
       At any time after the commencement of the informal resolution process, the EOA Director/Title IX Coordinator or other designated official may determine that the informal resolution process is not an appropriate method for resolving the matter and may require that the matter be resolved through the Complaint Process. This determination is not subject to appeal.
       
       If informal resolution is approved or denied, the University will provide the outcome in writing simultaneously to the Parties, through their University email accounts, or other reasonable means of notification if a party does not have a University account. If informal resolution is approved, the EOA Director/Title IX Coordinator shall also provide the information of the facilitator in writing to the Parties in a reasonable timeframe once the facilitator is assigned.
       
       
    4. Role of the Facilitator
       
       Informal resolution processes are managed by trained facilitators. All facilitators must not be the same person as the investigator or the/a decisionmaker(s) in the University’s complaint Process. Any person designated to facilitate informal resolution must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. The EOA Director/Title IX Coordinator may serve as the facilitator, subject to these restrictions.
       
       
       • All facilitators will be appropriately trained to conduct informal resolution processes, and will be knowledgeable regarding the University’s Non-Discrimination Policy and Complaint Procedures.
    5. Contents of Informal Resolution Agreements
       
       Potential terms that may be included in an informal resolution agreement between the Parties include, but are not limited to:
       
       
       • Restrictions on contact; and
       • Restrictions on the Respondent’s participation in one or more of the University’s education programs or activities or attendance at specific events, including restrictions the University could have imposed as Remedies or Disciplinary Sanctions had the University determined at the conclusion of the Complaint Process that discrimination occurred.
    6. Breach of Informal Resolution Agreements
       
       If a Party breaches the resolution agreement or if the University has other compelling reasons, such as if it learns of any fraud by a Party in entering into the agreement, the University may void the agreement and initiate or resume the Complaint Process.
       
       
    7. Confidentiality
       
       In entering the informal resolution process, the Parties agree that any testimony and evidence (including admissions of responsibility) they share or receive during the informal resolution process concerning the allegations of the Complaint are confidential while the Parties participate in the informal resolution process. No evidence concerning the allegations obtained within the informal resolution process may be disseminated to any person, provided that any Party to the informal resolution process may generally discuss the allegations under investigation with a parent, friend, advisor, or other source of emotional support, or with an advocacy organization. Should the Parties withdraw from the informal resolution process, information disclosed or obtained for purposes of the informal resolution process may be incorporated into the Complaint Process, provided that the information is disclosed and reviewed by the Parties pursuant to the procedures set out herein.
18. Investigation and Determination of Responsibility
    1. Purpose of the Investigation and Resolution Process: The investigation and resolution of Complaints under these Procedures is not intended to be an adversarial process between the Complainant, the Respondent, and witnesses. Rather, it is a process and opportunity for the University to educate students, provide an environment free from prohibited conduct under the Nondiscrimination Policy and comply with its obligations under law. The University will provide for adequate, reliable, and impartial investigation of Complaints. The University will treat Complainants and Respondents equitably.
       
       
    2. Cooperation in the Investigation Process: All Employees, and Students who are not Parties to the Complaint, are required to cooperate with the investigation and other processes set forth in these Procedures, including but not limited to, attending meetings and interviews, and being forthright and honest during the process.
       
       
    3. Written Notices: The University will provide a Party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the Party to prepare to participate.
       
       
    4. The University will provide for adequate, reliable, and impartial investigation of Complaints. The burden is on the University and not on the Parties to conduct an investigation that gathers sufficient evidence to determine whether discrimination occurred.
       
       
    5. The University will provide an equal opportunity for the Parties to identify fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible. The University will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.
       
       
    6. The EOA Director/Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will create an Investigative Report that fairly summarizes relevant evidence and will provide that Report to the Parties.
       
       
    7. The Investigative Report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of the relevant evidence.
       
       
    8. Only relevant evidence (including both inculpatory and exculpatory – i.e., tending to prove and disprove the allegations – relevant evidence) will be referenced in the Investigative Report.
       
       
    9. The investigator may redact irrelevant information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant.
       
       
    10. The University will provide a reasonable opportunity for the Parties to respond to the accurate description of the evidence included in the Investigative Report.
        
    11. The Parties may not disclose information and evidence obtained solely through the complaint process other than to their Advisor and immediate family members (or those individuals serving in the capacity of family members). Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the Complaint of discrimination are authorized.
        
        
    12. The Investigator may review personnel files or other records to fully investigate the allegations of a complaint. Human Resources and other University units will assist the EOA in its investigation by providing requested documents, files or records helpful to resolving a complaint.
        
        
    13. The anticipated duration of an investigation conducted by the University is approximately twenty (20) business days following the issuance of notification of the Complaint process. However, the actual duration of the investigation may vary depending on the complexity of the investigation, the severity and extent of the allegations, the number of witnesses, the need for language assistance or accommodations of disabilities, and the possibility of interruption by break periods. If the duration of an investigation will substantially exceed these estimates, the Title IX Coordinator will notify, in writing, both the Respondent and any Complainants of the delay and the reason for the delay.
        
        
    14. During any stage of the investigation, the EOA may assess whether an informal resolution is possible and attempt to resolve the complaint in the least disruptive, and most prompt manner with input by all parties.
        
        
    15. Impermissible Evidence
        
        The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the University to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:
        
        
        • Evidence that is protected under a privilege recognized by federal or state law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
          
          
        • A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless the University obtains that Party’s or witness’s voluntary, written consent for use in its complaint procedure.
    16. Questioning Parties and Witnesses to Aid in Evaluating Allegations and Assessing Credibility
        
        When a party or witness’s credibility is in dispute, and such dispute is relevant to evaluating one or more allegations of discrimination, the investigator and/or decisionmaker(s) must have an opportunity to question any party or witness whose credibility is in dispute in a live format.
        
        The Investigator/decisionmaker will question Parties and witnesses to adequately assess a Party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of discrimination. This will occur during individual meetings with a Party or witness.
        
        
    17. Determination Regarding Responsibility
        
        Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the following will occur:
        
        
        • The EOA Director/Title IX Coordinator may instruct the Investigator to include in the final Investigation Report a determination, based on the “preponderance of evidence” (more likely than not) that the University’s Non-Discrimination Policy has been violated.
          
          
        • Where other policy violations have been raised and brought into the pending matter, the Investigator may also be asked to make a determination, using the same standard of proof (preponderance of the evidence), as to whether other policy violations occurred based upon all of the information obtained as part of the investigation.
          
          
        • In most cases where the Respondent is an employee of the University, the Investigator’s Report will include findings as to whether University policy (policies) was violated.
          
          
        • The University Hearing Panel comprised of no less than 3 members will be made up of appropriately trained University faculty, staff, or students.  The Panel will follow the procedures set forth in Section Three of the Student Code of Conduct. [INCLUDE LINK] The responsibilities identified in the Code of Conduct as belonging to the Dean of Students (other than the imposition of sanctions) will be undertaken by the EOA Director/Title IX Coordinator.
          
          
        • Hearing Officer/University Hearing Panel – in matters where the Investigator is not tasked with making findings of responsibility, the EOA Director/Title IX Coordinator will refer the case to a University Hearing Officer or three-person Hearing Panel.
          
          
        • The review by a University Hearing Officer/Hearing Panel shall occur in situations where, the sanction of suspension or expulsion from the University has been imposed, and the student Respondent files a timely appeal requesting a hearing.
          
          
        • The Title IX Coordinator reserves the discretion to send a case to a University Hearing Officer/Hearing Panel.
          
          
        • A Party, witness, or others participating in the complaint procedure will not face discipline for making a false statement based solely on the determination of whether discrimination occurred.
19. Sanctions
    
    Sanctions are consequences imposed on a Respondent following a determination under this procedure that the Respondent violated the University’s prohibition on discrimination.
    
    
    1. Sanctions for Student Respondents
       
       In matters where a student is a Respondent in the complaint, sanctions pertaining to the student Respondent will be determined by the Dean of Students and included in the document wherein a determination of responsibility is made by the Investigator, Hearing Officer, or Hearing Panel.
       
       Sanctions imposed may include, but are not limited to:
       
       
       • Letter of apology to the impacted party (parties);
       • Advising and counseling sessions;
       • Successful completion of training or educational program offered or approved by EOA;
       • Transferring the student to another class or job;
       • Transferring the student to a different housing unit or prohibiting the student from living in campus housing;
       • Letter of reprimand;
       • Written warning; and
       • Probation, suspension, or dismissal from the University.
    2. Sanctions for Employee Respondents
       
       In matters where an employee is the Respondent in the complaint, sanctions pertaining to the employee Respondent will not be included in the decision as to responsibility for violating University policy but will be subsequently determined pursuant to applicable University personnel policies, and/or applicable collective bargaining agreements in consultation with Human Resources.
       
       Sanctions imposed may include, but are not limited to:
       
       
       • Letter of apology to the impacted party (parties);
         
       • Advising and counseling sessions;
       • Successful completion of training or educational program offered or approved by EOA;
       • Letter of reprimand;
       • Written warning; and
       • Probation, suspension without pay, or termination.
    3. To impose a mutual restriction on contact as a sanction, EOA must determine, based on a preponderance of the evidence, that further discriminatory harassment or unlawful conduct would result if the restriction is not issued. EOA must document in writing the reasons for and evidence supporting the issuance of any mutual restriction on contact.
       
       A mutual restriction on contact may be iimposed as a sanction if requested and agreed to by the parties.
       
       
    4. Determination of Responsibility
       
       Once a determination of Responsibility has been made, the EOA Director/Title IX Coordinator will work with the designated decisionmaker(s) to notify the Parties in writing whether discrimination occurred, including the rationale for such determination, and the procedures and permissible bases for the Complainant and Respondent to appeal, if applicable;
       
       
       • If there is a determination that discrimination occurred, the EOA Director/Title IX Coordinator will, as appropriate:
         • Coordinate the provision and implementation of remedies to a Complainant;
         • Coordinate the imposition of any disciplinary sanctions on a Respondent, pursuant to applicable University processes; and
         • Take other appropriate prompt and effective steps to ensure that discrimination does not continue or recur within the University’s Education Program or Activity.
20. Dismissal of a Complaint
    
    
    1. Bases for Dismissal
       
       The University may dismiss a Complaint of discrimination for any of the following reasons:
       
       
       • The University is unable to identify the Respondent after taking reasonable steps to do so;
       • The Respondent is not participating in a University Education Program or Activity and is not employed by the University;
       • The Complainant voluntarily withdraws any or all of the allegations in the Complaint;
       • The EOA Director/Title IX Coordinator declines to initiate a Complaint; or
       • The EOA Director/Title IX Coordinator determines that the conduct alleged in the Complaint, even if proven, would not constitute discrimination under this Policy.  The University will make reasonable efforts to clarify the allegations with the Complainant before dismissing under this basis.
    2. Notice of Dismissal
       
       Upon dismissal, the University will promptly notify the Complainant of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then the University will also notify the Respondent of the dismissal and the basis for the dismissal promptly following notification to the Complainant, or simultaneously if notification is in writing.
       
       The University will notify the Complainant that a dismissal may be appealed and will provide the Complainant with an opportunity to appeal the dismissal of a Complaint. If the dismissal occurs after the Respondent has been notified of the allegations, then the University will also notify the Respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:
       
       
       • Procedural irregularity that could change the outcome;
       • New evidence that could change the outcome and that was not reasonably available when the dismissal was made; or
       • The EOA Director/Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent, that could change the outcome.

Appeal rights will be outlined in any notification of dismissal of a Complaint, as outlined below.

21. Appeal of Dismissals and Determinations
    
    An Appeal on a dismissal of a complaint or determination of responsibility may be filed by either party in writing, and submitted to the EOA Director/Title IX Coordinator via email, no later than five (5) business days after the decision is issued. The bases for an Appeal are limited to the following:
    
    
    1. A procedural irregularity affected the outcome of the decision;
    2. New evidence that would change the outcome and that was not reasonably available at the time the determination regarding responsibility or dismissal was made has become available; or
    3. The Administrator, Investigator, or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that would change the outcome.

The submission of an appeal stays (or pauses) any sanctions for the pendency (or duration while the appeal is being deliberated and decided upon) of the appeal. Supportive measures remain available during the pendency of the appeal.

If a Party appeals, the University will, as soon as practicable, notify the other Party in writing of the appeal; however, the time for appeal shall be offered equitably to all Parties and shall not be extended for any Party solely because the other Party filed an appeal. Notification of the Appeal will not be provided to a potential Respondent unless they have first received notice of the Complaint.

An Appeal must state with specificity the bases for the appeal and detailed information on the facts that support it.

Appeals will be decided by a University official who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decisionmaker in the same matter. In most matters, the Appeals Officer will issue a decision in 10 business days.

The outcome of the appeal will be provided in writing simultaneously to both Parties and include rationale for the decision. The determination on the appeal is final.

22.  Retaliation
    
    “Retaliation” is defined as intimidation, threats, coercion, or discrimination by any person at SIUE, a student, or an employee or other person authorized by the University to provide aid, benefit, or service under SIUE’s Education Program or Activity, for the purpose of interfering with any right or privilege secured by non-discrimination laws or policies, or because the person has reported information, made a Complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding, or hearing.
    
    The University prohibits retaliation, including peer retaliation, in its Education Programs and Activities.  Upon receiving a Complaint alleging retaliation, or upon receiving information about conduct that reasonably may constitute retaliation, the University will initiate its complaint process or, as appropriate, an informal resolution process.
    
    
23. Filing Complaints with External Agencies
    
    Any individual may file a complaint alleging discrimination or harassment with applicable federal and/or state agencies as well as with the University. Relevant external agencies, and contact information for the same, include:
    
    
    1.  Illinois Department of Human Rights
       535 West Jefferson
       1st Floor
       Intake Unit
       Springfield, IL 62702
       (217) 785-5100
       TTY: (866) 740-3953
       Fax: (217) 785-5106
       
       
    2. U.S. Equal Employment Opportunity Commission (EEOC)
       St. Loius District Office
       1222 Spruce, Room 8.100
       St. Louis, MO 63103
       (314) 539-7943
       1-800-669-4000
    3. U.S. Department of Labor
       Office of Federal Contract Compliance Programs (OFCCP)
       1222 Spruce Street
       Room 10.207
       St. Louis, MO 63103
       (314) 539-6394
       
       
    4. U.S. Department of Education
       Office for Civil Rights
       Lyndon Baines Johnson Department of Education Bldg
       400 Maryland Avenue, SW
       Washington, DC 20202-1100
       Telephone: 800-421-3481
       FAX: 202-453-6012
       TDD: 800-877-8339
       Email: OCR@ed.gov
    5. Office of Executive Inspector General
       69 West Washington, Suite 3400
       Chicago, IL 60602
       Toll-free Hotline: (866) 814-1113
       TTY: (888) 261-2734
       Fax: (312) 814-5479
24. Document Retention
    
    EOA shall create and/or maintain documents related to the investigation and resolution of a complaint and will maintain privacy to the extent legally and ethically possible.
    
    
25. Dissemination of Policy
    
    This Policy will be made available to all employees and students, and available to the general public on the University’s website. Periodic notices sent to students and employees concerning the University's policies against discrimination and harassment will include information about the complaint procedures and will refer individuals to EOA for additional information.
    
    
26. Prevention
    
    The University will educate and train employees, periodically, regarding conduct that could constitute a violation of this Policy and applicable complaint procedures.
    
    The University will provide training annually to students and employees focused on improving awareness of and responsiveness to allegations of sexual violence. Students and employees are expected to successfully complete this training each year.