Policies & Procedures

1. Notice of Non-Discrimination
   
   It is the policy of Southern Illinois University Edwardsville (SIUE) not to discriminate in the administration of its employment functions, admissions, educational programs or activities, 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, or unfavorable discharge from military service.
   
   This Policy covers nondiscrimination in both employment and access to educational opportunities.
   
   Each member of the University community shares a common responsibility to maintain an environment free from discrimination and harassment.
   
   The Office of Equal Opportunity, Access and Title IX Coordination (EOA) is responsible for responding to and investigating complaints of discrimination including harassment. Inquiries and complaints regarding discrimination and harassment should be directed to EOA.
   
   EOA is located in Rendleman Hall, Room 3314 on the SIUE campus in Edwardsville, IL. Complaints may be filed according to the procedures outlined below. (Complaints alleging sex-based harassment are covered in the Sexual Harassment Complaint Procedures.)
   
   EOA Director (Title IX Coordinator & ADA/504 Coordinator)
   Mary Zabriskie, J.D.
   mzabris@siue.edu
   (618) 650-2442
   Rendleman Hall, Room 3314
   Edwardsville, IL 62026
   
   EOA Assistant Director (Deputy Title IX Coordinator)
   Mindy Kinnaman, Ed.D.
   Deputy Title IX Coordinator
   mkinnam@siue.edu
   (618) 650-2332
   Rendleman Hall Room 3314
   Edwardsville, IL 62026
   
   The University’s nondiscrimination policy and grievance procedures can be located on the SIUE.EDU website under policies and procedures and linked to the EOA page on the site.
   
   To report information about conduct that may constitute discrimination, including but not limited to a complaint of sex discrimination under Title IX, please refer to “Reporting Options & Resources” page on the EOA website.
   
   SIUE recognizes that allegations covered under this Policy may include more than one form of discrimination, discriminatory harassment, retaliation, and/or violations of other University policies. It is also understood that such allegations may involve students, employees, visitors, and others related to the SIUE community, and necessitate a response from one or more SIUE departments. As such, University departments and other entities are required to share information and otherwise collaborate to the maximum extent permitted by law and consistent with other University policies, to provide consistent, fair, and effective responses to alleged discrimination, harassment, or retaliation.
   
   
2. Mandated Reporting and Confidential Employees
   
   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.
   
   

   Notification to Students of Pregnancy and Pregnancy Related Rights Under Title IX

   When a student (or student’s legal representative) notifies a college employee of a pregnancy or pregnancy-related condition, the employee will be required to provide the student or student representative with the institution’s Title IX Coordinator contact information.
   
   Once the EOA Director/Title IX Coordinator is notified, the college will be required to:
   
   • Inform the student of the college’s obligations to students who are pregnant or experiencing pregnancy related conditions and restrictions on recipient disclosure of personal information.
   • Provide the student with the option of individualized, reasonable modifications as needed to prevent discrimination and ensure equal access to the recipient’s education program or activity.
   • Allow the student a voluntary leave of absence for, at minimum, the medically necessary period and reinstatement upon return.
   • Provide pregnant employees with a clean and private space, as well as reasonable break time, for lactation purposes.

If a reporting party seeks to have information as to their concerns kept confidential, they may speak with the following Confidential Employees and Community Partners:

• • 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 provide 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 (Sex Based 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
    618-397-0975 (24/7 Hotline)
    
    See, Title IX Policy & Grievance Procedure - Sex Based Harassment- 2C9 & 3C8 for more information on Confidential Advisor services.
    
    
  • 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.

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. Louis 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 - Chicago Office
   500 W. Madison Street, Suite 1475
   Chicago, IL 60661
   (312) 730-1560
   Fax: (312) 730-1576
   TDD: (312) 730-1609
   Email: OCR.Chicago@ed.gov

•  Effective Date
  
  This Policy applies to alleged incidents that occur on or after August 1, 2024. Any alleged incidents reported under this Procedure that occurred on or before July 31, 2024, will be processed through the institution’s prior Non-Discrimination and Non-Harassment Procedures 2C8 & 3C7.
  
  
• Scope of Procedure
  
  This grievance procedure provides for the prompt and equitable resolution of discrimination complaints made by students, employees, or other individuals who are participating or attempting to participate in a University education program or activity.
  
  The University prohibits all forms of discrimination on the basis of the protected characteristics listed in the above Notice of Non-Discrimination. This includes, but is not limited to, discrimination, as defined by Title IX, on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
  
  Title IX’s prohibition on sex discrimination includes sex-based harassment in the form of quid pro quo harassment, hostile environment harassment, and four specific offenses (sexual assault, dating violence, domestic violence, and stalking). For the prompt and equitable resolution of Complaints of Sex-Based Harassment, the University will utilize Title IX Policy & Grievance Procedure - Sex Based Harassment- 2C9 & 3C8.
  
• Jurisdiction
  
  This Procedure 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 Procedure 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.
  4. Any situation that substantially interferes with the University’s educational interests or mission.
• General Definitions
  
  
  • 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 request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged discrimination at or related to SIUE.
    
    
  • Complainant. "Complainant" is any person making a claim of discrimination under this Policy including:
    • a student or employee of the University who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or discrimination based on a protected identity as identified in SIUE’s non-discrimination statement; or
    • a person other than a student or employee of who is alleged to have been subjected to conduct that could constitute discrimination including, but not limited to sex discrimination under Title IX, at a time when that individual was participating or attempting to participate in a University education program or activity; or
    • University Title IX Coordinator (or their designee)
  • Confidential Employee. “Confidential Employee” is defined as:
    1. 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
    2. 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.
  • On the Basis of Sex. “On the Basis of Sex” Throughout this Policy “on the basis of sex” means conduct that is sexual in nature, or that is directed to the Complainant because of their actual or perceived sex or gender identity.
    
    
  • Pregnancy or Related Conditions. “Pregnancy or Related Conditions” include:
    1. Pregnancy, childbirth, termination of pregnancy, or lactation;
    2. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
    3. 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 Procedure. 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.
    
    
  • 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 privileged 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.
    
    
  • Sanctions. “Sanctions” are consequences imposed on a Respondent following a determination under this procedure that the Respondent violated the University’s prohibition on discrimination.
    
    
  • Student. “Student” is an individual who has gained admission to the University.
    
    
  • Supportive Measures. “Supportive Measures” are individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to:
    1. Restore or preserve that Party’s access to the University’s Education Programs or Activity, including measures that are designed to protect the safety of the Parties or the University’s educational environment; or 
    2. Provide support during the University’s Grievance Procedure for discrimination; or
    3. during the informal resolution process.
• 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.
  
  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 (other than Sex-Based Harassment)
    • 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,
    • that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity.

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.

Allegations of Sex-Based Harassment are addressed through the University’s Title IX Policy & Grievance 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. Addressing such conduct will not result in the imposition of discipline under University Policy, but may be addressed through respectful conversation, remedial actions, education, effective Alternative Dispute Resolution, and/or other Informal Resolution mechanisms.

For assistance with Alternative Dispute Resolution and other Informal Resolution techniques and approaches, contact the Title IX Coordinator.

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 involved in an amorous relationship, consensual or otherwise, with a student for whom that person currently has any teaching 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.

8.  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 be completed no later than 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 has also established the following process that 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 grievance procedure. 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, including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.
      
      
   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.
9. 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. Supportive Measures
      
      If the Complainant or Respondent discloses a disability during this complaint process, the Title IX Coordinator (or their designee) may consult, as appropriate, with the University’s Accessible Campus Community & Equitable Student Support Office (ACCESS) to provide support to individuals with disabilities, to determine how to comply with the American with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 in the implementation of any supportive measures.
10. Procedures for Reporting Discrimination to the University
    
    
    1. Complaints
       • Discrimination Complaints - The following people have a right to make a Complaint of discrimination requesting that the University investigate and make a determination about alleged discrimination under federal law including, but not limited to Title IX, Title VI, Title VII, ADA/504, and other relevant federal, state, or local statutes:
         
         • 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   at a time when that individual was participating or attempting to participate in a University Education Program or Activity at the time of the alleged discrimination; or
         • The EOA Director/Title IX Coordinator
       • Types of Complaints that may be addressed under these Grievance Procedures include, but are not limited to:
         • Complaints of retaliation;
         • Complaints of discrimination (other than those that involve allegations of Sex-Based 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 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
         A Complaint can be an oral or written request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged discrimination at the institution.
         
         
       • Who Can I report a Complaint to?
         Individuals are encouraged to report Complaints to the EOA. Online reporting forms and information on meeting with EOA staff can be found on the EOA website.
         
    2. Supportive Measures
       
       The EOA may assess whether supportive measures are appropriate and undertake efforts to implement such measures.
       
       Mutual Restriction Directives
       1. Pursuant to these Procedures, only the EOA may issue a mutual restriction on contact between the parties as an interim measure.
       2. 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.
       3. Any such mutual restriction on contact issued shall automatically expire at the conclusion of the investigation process.
       4. 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.
       5. 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.
       6. 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.
       
       The University will provide the Respondent with notice and an opportunity to challenge the decision immediately following the removal.
       
       
    4. Administrative Leave
       
       The University retains the authority to place an employee Respondent on administrative leave during the Discrimination Grievance Procedure, as deemed necessary and appropriate.
11. 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:
    
    • 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.
    • 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.
    • Offering and coordinating supportive measures for the Complainant.
    • Offering and coordinating supportive measures for the Respondent, as applicable.
    • 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, or the Resolution Process described below.
    • Determining whether the Complainant wishes to make a Complaint.
    • 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.
12. 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.
    
    
13. Notice of Allegations
    
    Upon initiation of the University’s discrimination complaint grievance procedure, the University will notify the Parties of the following:
    • The University’s discrimination complaint grievance 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.

•  Investigation
  
  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.
  
  The University will provide an equal opportunity for the Parties to present 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.
  
  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.
  
  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.
  
  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.
  
  The investigator may redact irrelevant information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant.
  
  The University will provide a reasonable opportunity to respond to the accurate description of the evidence included in the Investigative Report; and
  
  The University will take reasonable steps to prevent and address the Parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the Complaint of discrimination are authorized.
  
  
• 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 procedure; and
• 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 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.
  
  Each Party shall have the opportunity to propose questions that the Party wants asked of any Party or witness and have those questions asked by the investigator/decisionmaker during one or more individual meetings, including follow-up meetings, with a Party or witness, subject to the appropriate procedures outlined herein regarding the decisionmaker’s advance evaluation of all questions. Each Party will be provided with an audio or audiovisual recording or transcript with enough time for the Party to have a reasonable opportunity to propose follow-up questions.
  
  
• Determination Regarding Responsibility
  
  Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the University will:
  
  
  • Use the preponderance of the evidence standard of proof (more likely than not) to determine whether discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded by the evidence, under the applicable standard, that discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that discrimination occurred.
    
    
  • Notify the Parties in writing of the determination whether discrimination occurred, including the rationale for such determination, and the procedures and permissible bases for the Complainant and Respondent to appeal, if applicable;
    
    
  • Not impose sanctions on a Respondent for discrimination, unless there is a determination at the conclusion of the grievance procedure that the Respondent engaged in prohibited discrimination.
    
    
  • 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 and other people the University identifies as having had equal access to a University Education Program or Activity limited or denied by discrimination;
    • 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.

Imposition of Sanctions: When a Respondent is found responsible for violating this policy, the decision as to what, if any, sanctions should be imposed will be determined by the Dean of Students (for student Respondents) and the supervisor, in collaboration with the Vice Chancellor overseeing the employee’s department (for employee Respondents).

A Party, witness, or others participating in the grievance procedure will not face discipline for making a false statement based solely on the determination of whether discrimination occurred.

18.  Informal Resolution
    
    Procedures for Entering and Exiting Informal Resolution Process
    
    At any time prior to determining whether discrimination occurred under this Grievance Procedure, 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.
    
    The Parties may voluntarily elect to enter the University’s informal resolution process at any time through an informed written Consent. This informed written Consent will include all terms of the elected informal process, including a statement that any agreement reached through the process is binding on the Parties.
    
    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 Grievance Procedure that the Parties paused will continue. In participating in the informal resolution process, the Parties understand that the timeframes governing the Grievance Procedure will temporarily cease, and only reinstate upon reentry into the Grievance Procedure.
    
    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.
    
    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 Grievance Procedure;
    • 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 Grievance Procedure 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 Grievance Procedure if it is initiated or resumed

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 the EOA Director/Title IX Coordinator or other designated official may weigh 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 Grievance Procedure. 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. 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.

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 Grievance Procedure. 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 must have specialized training, required by law and regulation. Such training includes:

• The University’s obligation to address discrimination in its Education Program or Activity;
• The scope of conduct that constitutes discrimination under Title IX, as well as other applicable federal and state laws;
• All applicable notification and information requirements related to parental, family, or marital status, including pregnancy and related conditions, and the University’s response to discrimination;The rules and practices associated with the University’s informal resolution process; and
• How to serve impartially, including by avoiding conflicts of interest and bias.

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 Grievance Procedure that discrimination occurred.

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 Grievance Procedure.

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 Grievance Procedure, provided that this information is disclosed and reviewed by the Parties under the University’s Grievance Procedure.

19.  Dismissal of a Complaint
    
    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 under the bases described in these procedures, and the University determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute discrimination under these grievance procedures even if proven; or 
    • The University determines that the conduct alleged in the Complaint, even if proven, would not constitute discrimination under these procedures. The University will make reasonable efforts to clarify the allegations with the Complainant before dismissing under this basis.

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.

20.  Appeal of Dismissals and Determinations
    
    An Appeal on a 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 5 business days after the decision is issued. The bases for an Appeal are limited to the following:
    
    • A procedural irregularity affected the outcome of the decision.
    • New evidence that was not reasonably available at the time of the investigation and determination has become available.
    • The investigating party had a conflict of interest or bias for or against the complainant or respondent that affected the outcome of the decision.

The University offers the following process for appeals from a dismissal or a determination whether discrimination occurred:

If the dismissal or determination is appealed, the University will:

• Notify the Parties of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent;
• Implement appeal procedures equally for the Parties;
• Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the Complaint;
• Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations in cases where sex-based discrimination is alleged;
• Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
• Notify the Parties of the result of the appeal and the rationale for the result.

When a Complaint is dismissed, the University will, at a minimum:

• Offer supportive measures to the Complainant as appropriate.
• If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and
• Take other prompt and effective steps, as appropriate, through the EOA Director/Title IX Coordinator to ensure that discrimination does not continue or recur within the University’s Education Program or Activity.

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 and remote learning opportunities remain available during the pendency of the appeal.

If a Party appeals, the institution 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.

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.

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.

21.  Retaliation
    
    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 grievance procedure or, as appropriate, an informal resolution process.
    
    
22. Sanctions
    
    
    1. Employees
       
       If there is a finding that an employee's behavior violated the University's Non-Discrimination and Non-Harassment Policy, imposed sanctions may include, but are not limited to:
       
       
       1. Letter of apology to the victim;
       2. Advising and counseling sessions;
       3. Required attendance at EOA training;
       4. Letter of reprimand;
       5. Written warning; and
       6. Probation, suspension without pay, or termination.
    2. Students
       
       If there is a finding of discrimination against a student or student group, the University may impose sanctions including, but not limited to:
       
       1. Letter of apology to the victim;
       2. Advising and counseling sessions;
       3. Attending diversity training program for students;
       4. Transferring the student to another class or job;
       5. Transferring the student to a different housing unit or prohibiting the student from living in campus housing;
       6. Letter of reprimand;
       7. Written warning; and
       8. Probation, suspension, or dismissal from the University
    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.

The below policy applies to allegations that occurred prior to August 1, 2024

Introduction

It is the policy of Southern Illinois University Edwardsville (SIUE) not to discriminate in the administration of its employment functions, admissions, educational programs or activities, on the basis of race, color, national origin, ancestry, religion, sex, sexual orientation including gender identity, marital status, civil union status, age, physical or mental disability, military status, or unfavorable discharge from military service.

Each member of the University community shares a common responsibility to maintain an environment free from discrimination and harassment.

The Office of Equal Opportunity, Access and Title IX Coordination (EOA) is responsible for responding to and investigating complaints of discrimination including harassment. Inquiries and complaints regarding discrimination and harassment should be directed to the EOA located in the Office of the Chancellor, Rendleman Hall, Room 3314. Complaints may be filed according to the procedures outlined below. (Complaints alleging sexual harassment are covered in the Sexual Harassment Complaint Procedures.)

1. General Definitions
   
   
   1. Complaint. "Complaint" is an allegation of discrimination or harassment made under this policy.
   2. Complainant. "Complainant" is any person making a claim of discrimination under this policy. A complainant may include faculty, staff, students, applicants for employment, or any individual participating in campus sponsored activities, events, projects or programs; who files a complaint against an SIUE student or employee.
   3. Discrimination. "Discrimination," including illegal harassment, is defined as adverse conduct directed at an individual because of race, color, national origin, ancestry, religion, sex, sexual orientation including gender identity, marital status, civil union status, age, physical or mental disability, military status, or unfavorable discharge from military service.
   4. Discriminatory harassment is unwelcomed conduct (oral, written, visual or physical) directed against any person or group of persons because of race, color, national origin, ancestry, religion, sex, sexual orientation including gender identity, marital status, civil union status, age, physical or mental disability, military status, or unfavorable discharge from military service that is so severe or pervasive, and offensive to the recipient and to a reasonable person, that it denies or limits that person's or group of persons' access to an educational or employment opportunity or benefit.
   5. Respondent. "Respondent" is the person against whom a complaint is made.
   6. Sexual Harassment. See the Sexual Harassment Complaint Procedures.
2. Complaint Procedures
   

   These procedures are available to any employee, student, applicant for employment, or participant in a University sponsored activity, who believes she or he has been harassed or discriminated against. Individuals believing they have experienced or witnessed discrimination or harassment are encouraged to seek assistance at the lowest level of supervision or to report the incident to the EOA.

   Once a complaint is made, or even in the absence of a complaint, when University administrators, deans, chairs, directors, managers, or supervisors become aware of allegations of discrimination or harassment, it is their responsibility to inquire into the complaint, and seek assistance from the EOA to determine what action is warranted.

   Complaints alleging discrimination or harassment shall be filed with the EOA within 60 days after the occurrence of the alleged discriminatory behavior. Under special circumstances the EOA may extend the time required to file a complaint.

3. Informal Complaint Procedures

   Any individual seeking advice regarding allegations of discrimination or harassment may utilize the following procedures, or may proceed directly to the formal procedures. Individuals hearing or receiving a complaint should consult with the EOA before engaging in informal resolution procedures.

   Complaints received by supervisors, faculty members, or other University personnel:

   1. Complainants are encouraged to seek assistance and resolution of a complaint at the lowest level of supervision. The individual receiving a complaint will take necessary action to resolve the complaint promptly, if appropriate.
   2. Individuals hearing or receiving a complaint shall document the contact, including the names of the complainant and respondent, description of incident, remedies sought, and action taken to resolve the complaint.
   3. The individual receiving a complaint is responsible for taking prompt and reasonable action to prevent retaliation against complainants and/or other individuals involved in the investigation process.

   All informal resolutions of a complaint under this policy shall be reported to the EOA.

4. Formal Complaint Procedures

   Formal complaints shall be filed with the EOA. Formal complaints should be in writing pursuant to these procedures.

   Upon receipt of a formal complaint, the EOA will:

   1. Within five (5) working days of receiving a complaint:
      
      
      1. Meet with the complainant to obtain details of the allegations and make a written record of the complaint. The record shall include the name of the complainant, the name of the respondent, a factual description of the incident(s) (including dates, times, places, and the names of any witnesses), and the remedy sought by the complainant. The EOA shall notify the complainant's supervisor or appropriate University personnel of the complaint.
      2. Inform the complainant of the right to have a person of his or her choice, including an attorney present throughout the proceedings. However, the complainant is responsible for participating in the investigation process and the person chosen by the complainant may not speak or directly participate in the investigation, except to the extent that the person may be a witness.
      3. Advise the complainant that retaliation for exercising rights under these policies and procedures is strictly prohibited by University policy.
      4. Inform the appropriate Vice Chancellor that a complaint has been filed.
   2. Within ten (10) working days of receipt of a complaint:
      
      
      1. Meet with the respondent and provide a copy of the allegations. Notify appropriate University personnel of the complaint.
      2. Advise the respondent of the right to due process.
      3. Advise the respondent of the necessity of maintaining confidentiality to the extent possible throughout the investigation process.
      4. Inform the respondent of the right to have a person of his or her choice, including an attorney, present throughout the proceedings. However, the respondent is responsible for participating in the investigation process and the person chosen by the respondent may not speak or directly participate in the investigation, except to the extent that the person may be a witness.
      5. Advise the respondent that retaliation for exercising rights under these policies and procedures is strictly forbidden by University policy.
      6. Allow the respondent five (5) working days to respond to the allegations.
   3. The EOA may interview witnesses, 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.
   4. During any stage of the investigation, the EOA may assess whether a resolution is possible and attempt to resolve the complaint in the least disruptive, most prompt and confidential manner.
   5. The EOA may assess whether interim measures are appropriate and make a recommendation for a consideration of such measures to the appropriate University official.
      1. Pursuant to these Procedures, only the EOA may issue a mutual restriction on contact between the parties as an interim measure.
      2. EOA shall not impose a mutual restriction on contact 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.
      3. Any such mutual restriction on contact issued shall automatically expire at the conclusion of the investigation process.
      4. 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.
      5. 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.
      6. Notwithstanding the above, EOA may issue a mutual restriction on contact between the parties with the consent of both parties.
   6. During the investigation process, the complainant and respondent will have opportunities to present information, rebut evidence and present witnesses to the EOA.
   7. Within forty-five (45) working days of receipt of a complaint, the EOA will determine whether the action complained of violated the University's Non-Discrimination and Non-Harassment Policy. The EOA will prepare a report of findings and forward a copy of this report to the immediate supervisor and the appropriate Vice Chancellor for their consideration. A copy of the report will be provided to the complainant and respondent.
5. Appeal Process
   
   
   1. Within five (5) working days of notification of the results of the investigation, if the complainant or respondent wishes to appeal the findings, he or she shall provide written notice of appeal to the Office of the Chancellor and the EOA.
   2. The Chancellor will review the investigation report within ten (10) working days and either uphold, reverse or modify the decision being appealed.
   3. Decisions not appealed within five (5) working days of the EOA's initial findings are deemed final.
6. Sanctions
   
   
   1. Employees
      

      If there is a finding that an employee's behavior violated the University's Non-Discrimination and Non-Harassment Policy, imposed sanctions may include, but are not limited to:

      1. Letter of apology to the victim;
      2. Advising and counseling sessions;
      3. Required attendance at EOA training;
      4. Letter of reprimand;
      5. Written warning; and
      6. Probation, suspension without pay, or termination.
   2. Students
      
      If there is a finding of discrimination against a student or student group, the University may impose sanctions including, but not limited to:
      
      
      1. Letter of apology to the victim;
      2. Advising and counseling sessions;
      3. Attending diversity training program for students;
      4. Transferring the student to another class or job;
      5. Transferring the student to a different housing unit or prohibiting the student from living in campus housing;
      6. Letter of reprimand;
      7. Written warning; and
      8. Probation, suspension, or dismissal from the University.
   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.
7. Confidentiality
   

   All parties involved in an investigation and appeal are obligated to protect the privacy of all persons involved. The University will take reasonable steps to ensure confidentiality, however, absolute confidentiality cannot be guaranteed.

   The EOA shall maintain a confidential record of the complaint and any reports. The record will contain all documentation on the complaint, actions taken, and the nature of the resolution. Legal counsel may review the file.

8. Exclusive Remedy
   

   These procedures shall be the exclusive remedy at the University level available to any person complaining of discrimination or harassment unless alternative exclusive procedures are provided for in a collective bargaining agreement. The right of a person to prompt resolution of a complaint filed under these procedures shall not be impaired by the person's pursuit of remedies outside the University.

   Use of these procedures is not a prerequisite to the pursuit of other remedies. Individuals should be aware that deadlines for filing a charge with an outside agency might range from 180 to 300 days following the alleged act of discrimination or harassment.

9. Substantial Compliance
   
   Substantial compliance with these procedures shall be deemed full compliance. Extension of timelines established by these procedures may be necessary.

10. Retaliation
    

    Retaliation against individuals exercising rights under this procedure is strictly prohibited, and such action may be grounds for disciplinary action. Complaints of retaliation should be brought directly to the EOA.

11. Frivolous or Intentionally False Charges
    
    These procedures shall not be used to bring frivolous or intentionally false charges against students or employees. Disciplinary action may be taken against individuals bringing frivolous or intentionally false charges of discrimination or harassment.

12. Education and Training
    

    The EOA will develop appropriate training programs implementing these procedures.

13. Filing Complaints with External Agencies
    

    Any individual may file a complaint alleging discrimination or harassment with applicable federal and/or state agencies.

    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. Louis 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 - Chicago Office
       500 W. Madison Street, Suite 1475
       Chicago, IL 60661
       (312) 730-1560
       Fax: (312) 730-1576
       TDD: (312) 730-1609
       Email: OCR.Chicago@ed.gov