Title IX

What is Title IX?

Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs and activities that receive federal financial assistance.

The Title IX regulation describes the conduct that violates Title IX. Examples of the types of discrimination that are covered under Title IX include sexual harassment, the failure to provide equal opportunity in athletics, and discrimination based on pregnancy. To enforce Title IX, the U.S. Department of Education maintains an Office for Civil Rights, with headquarters in Washington, D.C., and 12 offices across the United States.

SOURCE: U.S. Department of Education, Office for Civil Rights. Title IX and Sex Discrimination.

Title IX/sexual misconduct personnel

The following have been trained in one or more roles that are part of a Title IX investigation. Everyone in these roles completes annual training to stay compliant with federal guidelines.Investigator

• Decision-maker
• Hearing Panel Official
• Advisor
• OWA (Official with Authority)
• Title IX Coordinator

What is sexual violence?

The Campus Sexual Violence Act requires institutions to educate students and employees on the prevention and awareness of sexual assault. According to the Illinois Criminal Code, the following definitions apply:

Domestic violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim is dating violence. The existence of such a relationship shall be determined based on a consideration of the following factors:

• Length of the relationship
• Type of relationship
• Frequency of interaction between the persons involved in the relationship

Sexual assault

A person commits criminal sexual assault if that person commits an act of sexual penetration and:

1. Uses force or threat of force.
2. Knows the victim is unable to understand the nature of the act or is unable to give knowing consent.
3. Is a family member of the victim, and the victim is under 18 years of age.
   or
4. Is 17 years of age or older and holds a position of trust, authority or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.

Stalking

A person commits stalking when they knowingly engage in a course of conduct directed at a specific person, and they know or should know this course of conduct would cause a reasonable person to:

1. Fear for their safety or the safety of a third person.
   or
2. Suffer other emotional distress.

Consent

This means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.

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How to file a report

If you've been sexually assaulted or injured in any way, seek medical treatment immediately regardless of whether you report the matter to the police.

• If on campus, immediately call Public Safety at 309.341.5499 or 911 for the local police and emergency medical services.
• If off campus or at an off-campus site, call 911 for emergency services.
• If the victim chooses, the Public Safety can assist in contacting the law enforcement authorities.
• Consider seeking assistance from the sexual assault crisis center in your area; see the Victim assistance agencies below.

The student does have the right to decline notification of authorities.

Reporting options

Electronically: You can report an act of sexual violence electronically by completing an online report.

Third-party: A third party or bystander can report acts of sexual violence to Sandburg’s Public Safety, electronically by completing the online report form, or by contacting any of the individuals listed under the campus security authorities (CSA) contacts. CSAs are individuals who are required to report allegations of sexual assault and violations to Sandburg’s policy against sexual violence. These individuals may ensure the privacy of the victim and can keep the victim’s name and personal information confidential. Communication between the victim and the CSA may also remain confidential.

In-person: Victims, third parties and bystanders can make a report of sexual violence and violations of Sandburg’s policy in person to any CSA contact.

Victim assistance agencies

Victims are encouraged to report a sexual assault to Sandburg's Public Safety. However, if the victim does not want to file a report, there are resources available.

View victim assistance agencies.

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Notice of complainant's rights

Sandburg doesn't discriminate on the basis of sex in its educational programs, and sexual harassment and sexual violence are types of sex discrimination. Other acts can also be forms of sex-based discrimination and are also prohibited by Sandburg as well as federal law — whether sexually based or not and include dating violence, domestic violence and stalking.

Because you're reporting a possible form of sex-based discrimination, Sandburg wants to inform you of our policy and procedures that address sexual assault, domestic violence, dating violence and stalking, whether the incident occurs on or off campus as well as your rights and Sandburg’s responsibilities.

As a complainant of sexual assault, dating violence, domestic violence or stalking, you can receive a full copy of our institution’s policy. The policy has procedures in place that are sensitive to those who report sexual assault, domestic violence, dating violence and stalking. These procedures include our right to inform you of your right to file criminal charges as well as the availability of medical, counseling and support services. We also offer additional remedies to prevent contact between a complainant and an accused party, such as a temporary or permanent change in academic, transportation and working conditions, if reasonably available.

The policy also addresses possible sanctions and interim and/or long-term protective measures that Sandburg may impose following a report through the final determination of our discipline process. If you'd like more information than is contained in this handout regarding any process or procedure, or if you’d like to make a report, ask questions about the policy, or need to request an accommodation to your working arrangements regardless of whether or not you chose to report the crime to law enforcement or Public Safety, contact the college’s Title IX coordinator, Michelle Johnson, at 309.341.5258 or in-person in room E209 on the main Galesburg Campus.

In Illinois, a victim of domestic violence, dating violence, sexual assault or stalking has the following rights:

• Crime victims are treated with fairness and respect for their dignity and privacy throughout the criminal justice system and to increase the effectiveness of the criminal justice system by affording certain basic rights and considerations to the witnesses of violent crime who are essential to prosecution. Learn more on the Illinois General Assembly site. 
• Sandburg's Public Safety complies with Illinois law in recognizing orders of protection and will honor orders of protection, no-contact orders, restraining orders, or similar lawful orders issued by a criminal, civil or tribal court. Bring a copy of the order to Public Safety on the Galesburg campus in D209. On the Carthage campus, contact the executive director of the Carthage campus at 217.357.3129, ext. 7247.

To get an order of protection, you have several options. You can contact the state or district attorney, or inform the police you want to apply for an order of protection. You can also go to the county in which you or your abuser resides and ask the court clerk for an order of protection form. Emergency orders become effective immediately upon a judge signing the papers.

After the paperwork is filed, a hearing date will be set (typically within 14 days), and you'll be required to appear in court on that day. The hearing may take place in family court or criminal court. The judge will ask you to prove you have experienced abuse or been threatened with violence. Witnesses, police reports, hospital and physician reports, and evidence of physical abuse or assault are often necessary to convince the judge to issue an order of protection.

A complainant may then meet with Public Safety to develop a safety action plan, which is a plan for campus police and the victim to reduce the risk of harm while on campus or coming and going from campus. This plan may include, but isn't limited to:

• Escorts
• Special parking arrangements
• Providing a temporary cellphone
• Changing classroom location
• Allowing a student to complete assignments from home, etc.

Protection from abuse orders may be available through your local courthouse starting with the circuit clerk’s office. Please contact Sandburg’s Public Safety at 309.341.5304 for further help.

To the extent of the victim’s cooperation and consent, college offices, including Student Success and it’s counselors and advisors will work cooperatively to ensure the complainant's health, physical safety, work and academic status are protected, pending the outcome of a formal college investigation of the complaint.

For example, if reasonably available, a complainant may be offered changes to academic or working situations in addition to counseling, health services and assistance in notifying appropriate local law enforcement. Additionally, personally identifiable information about the victim will be treated as confidential and only shared with persons with a specific need to know who is investigating/adjudicating the complaint or delivering resources or support services to the complainant. 

The college doesn't publish the name of crime victims or house identifiable information regarding victims in the campus police department's daily crime log or online. Victims may request that directory information on file be removed from public sources by request of the chief Public Safety officer.

Male victims

While most victims of sexual assault are women, some men are also victims. Male victims will receive the same services as women. Emotional support, optional counseling, legal advocacy and medical treatment are available to assist all those recovering from sexual assault.

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