Policy on Comprehensive Sexual Misconduct and Relationship Violence

National Louis University is committed to maintaining a learning environment for all students that supports educational advancement on the basis of academic performance. Sexual misconduct and relationship violence are not tolerated at National Louis University.

The University will respond to complaints, reports or information about incidents of sexual misconduct and relationship violence by stopping the prohibited conduct, eliminating hostile environments, taking steps to prevent the recurrence of prohibited conduct, and addressing its effects on campus or in any University programs and activities regardless of location.

The purpose of this policy is to define sexual misconduct and relationship violence and describe the process for reporting violations of the policy, investigating alleged violations of policy, and identifying resources available to students who are involved in an incident of sexual misconduct or relationship violence.


Scope of Policy

This policy applies to all members of the University community - faculty, staff, and students – regardless of gender, sexual orientation, or gender identity. Members of the University community shall not engage in sexual misconduct or relationship violence against students. Persons who do so are subject to disciplinary action, up to and including discharge for employees and dismissal for students.  The University also prohibits sexual misconduct by third parties.

This policy applies to all forms of sexual misconduct and relationship violence committed by or against a student when:

  • The conduct occurs on campus;
  • The conduct occurs off-campus in the context of University programs or activities, including but not limited to University sponsored internships, graduate/professional programs, or other University affiliated programs; and/or
  • The conduct occurs off-campus outside the context of a University program or activity but has continuing adverse effects on campus or in any University program or activity.

For the purposes of this policy, the Complainant is any person who submits a complaint or report of sexual misconduct or relationship violence or any other violation of this policy.  In many cases, the Complainant also will be the victim of the alleged sexual misconduct or relationship violence, but persons other than the alleged victim who are aware of acts of sexual misconduct or relationship violence are authorized to submit complaints or reports to the Title IX Coordinator.  When used in this policy, Complainant refers to both the person making the complaint or report and the victim. The services and supports to Complainants described in this policy are available to the victim, even if the victim is not the Complainant.  

The Respondent is any person who is accused of sexual misconduct or relationship violence, including a University student, employee or a third party.  Respondents who are University students are referred to as Responding Students. The University’s Student Conduct Process also refers to the student as the Responding Student.   

This policy also confirms NLU’s obligation to provide survivors of sexual violence with concise information, written in plain language, concerning the survivor’s rights and options, upon receiving a report of an alleged violation of this policy.  A copy of NLU’s student notification of rights and options can be obtained by contacting the Title IX Coordinator or on nl.edu/sexualrespectandTitleIX 


Jurisdiction

The University’s Title IX Coordinator will investigate complaints that students engaged in prohibited conduct or any other form of gender or sex discrimination, including complaints by students, employees and third-parties. The Title IX Coordinator will also investigate complaints by students that other students, University employees and third-parties engaged in prohibited conduct or any other form of gender or sex discrimination.  The Title IX Coordinator is responsible for making available to Complainants the interventions and other supports available to students as described in this policy. When the Respondent is a University Employee, Vice President of Human Resources or designee will support the investigation and ensure that the investigation complies with University policies and procedures regarding the investigation and discipline of employees.

The University’s Vice President of Human Resources will investigate complaints that University employees engaged in prohibited conduct or any other form of gender or sex discrimination.  In cases where a University employee is the Respondent, the Title IX Coordinator shall support the investigation and insure that the procedural safeguards, interventions and accommodations provided to students in this policy are available to the Complainant. 

If the Complainant is a student-employee and the Respondent is a student, the complaint will be investigated by the Title IX Coordinator. If the Complainant is a student-employee and the Respondent is an employee, the complaint will be investigated by the Vice President of Human Resources of the Respondent is an employee.  

The procedures for investigating complaints by employees about other employees and third-parties and the supports available to Complainant employees are beyond the scope of this policy.  For information regarding procedures and policies related to complaints by University employees, please contact the Vice President of Human Resources or designee or consult the employment policies posted on the University’s website.  

When a student or employee reports they have been a victim of dating violence, domestic violence, sexual assault, or stalking, whether the offense occurred on or off-campus, the University will provide the student or employee interim measures and accommodations. The Title IX Coordinator will complete an investigation into any allegation of gender discrimination as defined within this policy to remedy and prevent future occurrences of the misconduct no matter where the incident occurred. 

Gender Discrimination

Title IX of the Educational Amendments of 1972 prohibits gender discrimination at institutions of higher education. The University prohibits gender discrimination in any of its programs or activities. Sexual harassment, sexual assault and other kinds of sexual violence, are forms of gender discrimination. This policy and its related procedures apply to complaints alleging all forms of gender discrimination (including sexual harassment, sexual assault, and sexual violence) against and by students. For the purposes of this policy, references to sexual misconduct include sexual and gender-based harassment, assault, and violence.

Title IX Coordinator

The University’s Title IX Coordinator is responsible for the University’s compliance with federal and state laws and University policies and procedures regarding gender discrimination, harassment, relationship violence, stalking, and other forms of sexual misconduct. The Title IX Coordinator is responsible for investigating all allegations of prohibited discrimination and harassment, relationship violence, stalking, and sexual misconduct, and provides training to recognize and prevent such incidents. The Title IX Coordinator also collaborates with other campus offices to encourage best practices to promote a culture of inclusion. The Title IX Coordinator is available to advise any individual, including the Complainant and the Respondent, about University and community resources and reporting options and is available to provide assistance to any University employee regarding how to respond appropriately to a report of sexual misconduct or relationship violence.  The Title IX Coordinator cooperates with and assists the Vice President of Human Resources or designee in the investigation of complaints alleging that University employees have engaged in conduct prohibited by this policy and other University policies that prohibit sexual harassment. 

Contact Information

Danielle Laban, Title IX Coordinator

By e-mail at dlaban@nl.edu

By phone or fax at 312.261.3162.

File an incident report: nl.edu/letusknow

Resources: www.nl.edu/sexualrespectandtitleix

Faculty and Staff Reporting Obligations

If any member of the NLU faculty or staff learns of sexual misconduct prohibited by this policy, he or she is obligated to immediately report that information to the Title IX Coordinator.   Employees who receive information about sexual misconduct in confidential relationships as defined in this policy, including Confidential Advisors and employees authorized to receive confidential disclosures, are not subject to this reporting obligation.  

Prohibited Conduct

Prohibited Conduct

Relationship Violence and Sexual Misconduct

Relationship violence and sexual misconduct are broad terms that encompass sexual harassment, sexual violence, domestic violence, dating violence, and stalking. Definitions for each of these terms are provided below.

  1. Relationship Violence encompasses domestic violence, dating violence, and stalking. Definitions for each of these terms are provided below.
    1. Domestic Violence is defined as an act of violence committed by any of the following individuals:
      1. A current or former spouse or intimate partner of the victim
      2. A person with whom the victim shares a child in common
      3. A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner
      4. A resident or former resident of the victim’s household
      5. An incident of domestic violence can consist of a single act of violence or a pattern of violent acts that includes, but is not limited to, sexual or physical abuse.
    2. Dating Violence is defined as an act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim that does not fall within the definition of “domestic violence.” For the purposes of this definition:
      1. Whether the relationship is of a romantic or intimate nature is determined by a variety of factors, including the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
      2. A relationship of a romantic or intimate nature means a relationship that is characterized by the expectation of affection or sexual involvement between the parties.
      3. An incident of dating violence can be a single act of violence or a pattern of violent acts that includes, but is not limited to, sexual or physical abuse, or the threat to engage in such abuse.
    3. Stalking is defined as engaging in a course of conduct that is directed at a specific person that would cause a reasonable person to feel fear for herself or himself or for the safety of others, or to suffer substantial emotional distress.
      1. A course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
      2. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical treatment or professional counseling.
      3. A reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
      4. Stalking includes cyber-stalking, a form of stalking in which electronic media such as the internet, social networks, blogs, texts, cell phones, or other similar devices or forms of contact are used. This policy prohibits all stalking, not just stalking that occurs within the context of a relationship.
  2.  Sexual Misconduct encompasses sexual harassment, sexual violence, and sexual exploitation. Definitions of relevant terms and a discussion of First Amendment protections are included below.
    1. Sexual Harassment is a form of discrimination on the basis of gender or sex. "Sexual harassment" means unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome behavior of a sexual nature.
      1. Sexual harassment can occur in the following situations: 
        1. Submission to such behavior is made, explicitly or implicitly, a term or condition of an individual's employment or status in a course, program, or activity; or
        2. Submission to or rejection of such behavior is used as a basis for a decision affecting an individual's employment or participation in a course, program, or activity; or
        3. The conduct creates a hostile, intimidating or offensive education environment that has the effect of unreasonably interfering with a student’s academic or work performance or limits a student’s ability to participate in educational programs or activities.
      2. In determining whether behavior is sexual harassment, the totality of the circumstances, including the nature of the behavior and the context in which it occurred, must be considered. Sexual harassment often involves a pattern of offensive behavior. A single incident may also constitute sexual harassment, depending on the severity of the conduct and on factors such as the degree to which the conduct affected the student’s education; the type of conduct; and the relationship between the alleged harasser and the student. The conduct does not have to be directed at a specific person or persons to constitute harassment.
      3. All forms of sexual misconduct and relationship violence described in this policy are also prohibited forms of sexual harassment.
      4. Examples of Sexual Harassment (non-exhaustive list);
        1. Threats or insinuations that lead the student reasonably to believe that granting or denying sexual favors will affect the student’s reputation, education, advancement, or standing at NLU.
        2. Sexual advances, sexual propositions, or sexual demands that are not agreeable to the recipient.
        3. Unwelcome sexually explicit material sent by email, text message, or other electronically transmitted communication.
        4. Sexual misconduct such as stalking, cyberstalking, recording or transmitting sexual images without an individual’s permission, and voyeurism.
        5. Unwelcome and persistent sexually explicit statements or stories that are not legitimately related to employment duties, course content, research, or other University programs or activities.
        6. Repeatedly using sexually degrading words or sounds to a person or to describe a person.
        7. Unwanted and unnecessary touching, patting, hugging, kissing or other physical contact.
        8. Recurring comments or questions about an individual's sexual prowess, sexual deficiencies, or sexual behavior.
        9. Remarks about an individual’s gender, nonconformity with gender stereotypes or actual or perceived sexual orientation. 
    2. Sexual Violence is defined as a physical sexual act attempted or perpetrated against a person’s will or when a person is incapable of giving consent, including without limitation, sexual assault, sexual battery, sexual abuse, and sexual coercion. A number of different acts can fall within the definition of sexual violence, including rape and sexual assault.
      1. Sexual Assault is defined as having or attempting to have sexual intercourse or sexual contact with another individual by force or threat of force, without consent, or where that person is incapacitated.
        1. Sexual intercourse includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand) or object, or oral penetration involving mouth to genital contact.
        2. Sexual contact includes intentional contact with the intimate parts of another, causing another to touch one’s intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth or any other part of the body that is touched in a sexual manner.
      2. Rape is defined as sexual penetration, however slight, of another person without that person’s consent. Penetration can be of the mouth, vagina, or anus, and can be with a penis, tongue, finger, or foreign object.
    3. Sexual Exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include:
      1. Surreptitiously observing another individual’s nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved or, in which the person observed or induced to perform such act has not attained 18 years of age;
      2. Non-consensual sharing or streaming of images, photography, video, or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved, or in which the person recorded or viewed or induced to perform such act has not attained 18 years of age;
      3. Exposing one’s genitals or inducing another to expose their own genitals in non-consensual circumstances, or in which the person induced to perform such act has not attained 18 years of age;
      4. Knowingly exposing another individual to a sexually transmitted disease or virus without their knowledge;
      5. Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity;
      6. Arranging for others to have non-consensual sexual contact with a victim; and
      7. The recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act where such an act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.

Retaliation

Persons who report sexual misconduct or relationship violence, file a complaint or  participate in the University's investigation and handling of such reports or complaints, shall not be subject to retaliation (including retaliatory harassment) for reporting or participating, even if the University finds that no sexual misconduct or relationship violence occurred. The University will take strong responsive action if retaliation occurs.

Retaliation is defined as an adverse action or adverse treatment against an individual involved in an investigation by an individual who knew of the individual’s participation in the investigation.

If a Complainant or witness believes that she or he is being subjected to retaliation (including retaliatory harassment), he or she should promptly contact the Title IX Coordinator.

Individuals who engage in retaliation in violation of this policy are subject to the full range of sanctions that can be imposed against them under applicable policies, including termination of employment or administrative withdrawal from the University.  

Consent

Consent means the voluntary, willful, unambiguous and freely given agreement to engage in a specific sexual activity during a sexual encounter. Consent cannot be given by someone who is:

  • Under 18 years of age;
  • Sleeping or unconscious;
  • Unconscious, unaware, or otherwise mentally or physically incapacitated due to the use of drugs or alcohol (“incapacitated”);
  • Unable to understand the nature of the sexual activity due to a mental disability or condition (“mentally incapable”); or
  • Under duress, threat, deception, coercion, misuse of professional authority/status, or force.

Consent must be clear and communicated by mutually understandable words or actions. Silence, passivity, or the absence of physical or verbal resistance, (for example, the absence of a verbal “no” or “stop”) does not constitute consent, and relying solely on non-verbal communications may result in a violation of this policy.  A person’s manner of dress does not constitute consent. It is important not to make assumptions. If confusion or ambiguity arises during a sexual interaction, it is essential that each participant stops and verbally clarifies the other’s willingness to continue. Prior consent does not imply current consent or future consent; even in the context of a prior or current relationship, consent must be sought and freely given for each instance of sexual contact.

Consent to any one form of sexual activity does not constitute consent to other forms of sexual activity. Consent can be withdrawn at any time during a sexual encounter. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.

Incapacitation

Incapacitation is a state where an individual cannot consent to make an informed and rational decision to engage in sexual activity because the individual lacks conscious knowledge of the nature of the act (e.g., to understand the “who, what, where, when, why or how” of the sexual interaction) and/or is physically helpless. An individual is also considered incapacitated, and therefore unable to give consent, when asleep, unconscious, or otherwise unaware that sexual activity is occurring.

Incapacitation may result from the use of alcohol and/or other drugs. Consumption of alcohol or other drugs, inebriation or intoxication are insufficient to establish incapacitation. The impact of alcohol and drugs varies from person to person, and evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs impacts an individual’s:

  • Decision making ability;
  • Awareness of consequences;
  • Ability to make informed judgments; or
  • Capacity to appreciate the nature and circumstances of the act.

Evaluating incapacitation also requires an assessment of whether a Respondent knew or should have known that the Complainant was incapacitated when viewed from the position of a sober, reasonable person.

In general, sexual contact while under the influence of alcohol or other drugs poses a risk to all parties. Alcohol and drugs impair a person’s decision-making capacity, awareness of the consequences, and ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. If there is any doubt as to the level or extent of the other person’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.

Signs of incapacitation may include:

  • Slurred speech
  • Bloodshot eyes
  • Smell of alcohol on breath
  • Clumsiness
  • Inability to focus
  • Confusion
  • Shaky balance
  • Stumbling or falling down
  • Vomiting
  • Poor judgment
  • Difficulty concentrating
  • Combativeness or emotional volatility
  • Outrageous or unusual behavior
  • Unconsciousness

Being intoxicated or impaired by drugs or alcohol is never an excuse for misconduct and does not diminish one’s responsibility to obtain consent.

Immediate Victim Assistance and Interim Protective Measures

Medical Care and Crisis Center Services 

The University has established formal partnerships with local sexual assault and domestic violence crisis centers near each NLU Campus. These centers provide confidential services for a range of sexual misconduct and relationship violence issues and have agreed to work with NLU to serve members of the NLU community. The following centers are available to NLU students:

Chicago:

Between Friends, (800) 603.4357 betweenfriendschicago.org

Mujeres Latinas en Accion, (312) 738.5358 mujereslatinasenaccion.org

Elgin:

Community Crisis Center, (847) 697.2380, crisiscenter.org

Lisle:

Family Shelter Service, (630) 469.5650, familyshelterservice.org

North Shore:

YWCA Evanston/North Shore, (847) 864.8780, ywca.org

Wheeling:

Northwest CASA, (888) 802.8890, nwcasa.org

Florida:

The Spring of Tampa Bay Hotline, (813) 275.SAFE (7233), thespring.org 

Additionally, there are many local health care sites that can provide treatment for injuries or sexually transmitted diseases, as well as perform rape kits in order to preserve evidence should a victim want to pursue charges at a later point. Several of these resources staff Sexual Assault Nurse Examiners (SANE) who hold specialized training in providing rape kits in a victim-sensitive manner.

The following medical facilities are nearest to each campus of NLU.  The facilities nearest to NLU’s Illinois campuses may provide medical forensic examinations at no cost to the victim pursuant to the Illinois Sexual Assault Survivors Emergency Treatment Act. 

Chicago:

Northwestern Memorial Hospital

251 E Huron St Chicago, IL 60611

312. 926.2000

Elgin:

Presence Saint Joseph Hospital

77 N Airlite St Elgin, IL 60123

847.695.3200

Lisle:

Advocate Good Samaritan Hospital

3815 Highland Ave Downers Grove, IL 60515

630.275.5900

North Shore:

Presence Saint Francis Hospital

355 Ridge Ave Evanston, IL 60202

847.316.4000

Wheeling:

Glenbrook Hospital

2100 Pfingsten Rd Glenview, IL 60026

847.657.5800

Florida:

Tampa General Hospital

1 Tampa General Cir Tampa, FL 33606

813.844.7000

For more information on ways to receive immediate assistance after an incident, please visit nl.edu/sexualrespectandTitleIX or contact the Office of Student Experience at 888.658.8632 x3568.

Preservation of Evidence

Whether a Complainant files a complaint under this policy or with a local law enforcement agency, any person who has experienced sexual misconduct, and in particular persons who have experienced sexual or relationship violence or sexual assault, should preserve to the extent possible any evidence that may assist investigators in determining whether the alleged misconduct occurred or might be relevant to the issuance of an order or protection.   Actions to preserve evidence include, but are not limited to, the following:

  • Do not dispose of or destroy or alter any physical evidence, including clothing. 
  • If you suspect that a drink has been drugged or tampered with, inform a medical care provider or law enforcement official immediately so they can attempt to collect physical evidence, including the drink and urine or blood samples.
  • Preserve any electronic communications related to the misconduct, including voice mail messages, text messages, e-mails, instant messages, social media pages, digital photographs or videos, etc. 

If you need any assistance in preserving evidence related to the misconduct, you should contact emergency medical personnel, law enforcement and/or the Title IX Coordinator.

Appointment of Confidential Advisor and Victim Support

Pursuant to the Illinois Preventing Sexual Violence in Higher Education Act, survivors of sexual violence have access to Confidential Advisors who can provide emergency and ongoing support to survivors of violence.   Under the act, “sexual violence” means physical sexual acts attempted or perpetrated against a person’s will or when a person is incapable of giving consent, including without limitation, rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.  A survivor of sexual violence is a student who has experienced sexual violence, domestic violence, dating violence or stalking while enrolled at NLU.  NLU, however, provides access to Confidential Advisors for all Complainants. 

Confidential Advisors are authorized and trained to provide the following services:

  • Inform the Complainant of the Complainant’s choice of possible next steps regarding the Complainant’s reporting options and possible outcomes, including without limitation, reporting pursuant to this policy and notifying local law enforcement.
  • Notify the Complainant of resources and services for survivors of sexual violence, including, but not limited to, student services available on campus and through community-based resources, including without limitation sexual assault crisis centers, medical treatment facilities, counselling services, legal resources, medical forensic services, and mental health services.
  • Inform the Complainant of the Complainant’s rights and NLU’s responsibilities regarding orders of protection, no contact orders, or similar lawful orders issued by NLU or a criminal or civil court.
  • Provide confidential services to and have privileged, confidential communications with Complainant in accordance with Illinois law.
  • Upon the Complainant’s request and as appropriate, liaise with campus officials, community-based sexual assault crisis centers, or local law enforcement and, if requested, assist the Complainant with contacting and reporting to campus officials or local law enforcement. 
  • Upon the Complainant’s request, liaise with the necessary campus authorities to secure interim protective measures and accommodations for the Complainant.  

NLU has entered into agreements with the following agencies to provide individuals to serve as Confidential Advisors:

24/7 Confidential Advisor

Mujeres Latinas en Accion - Chicago

Crisis Hotline: (312) 738.5358

www.mujereslatinasenaccion.org

University Confidential Advisor

Caroline Kenerson

Skylight Counseling Center

caroline@skylightcounseingcenter.com

(312) 631-3775

(847) 529-8300

counseling@nl.edu

For an updated list of Confidential Advisor agencies, please consult NLU’s website at nl.edu/sexualrespectandTitleIX   or contact the Title IX Coordinator at dlaban@nl.edu, or 312.261.3162. 

Counseling

In addition to the services described above, the University also can provide counseling referrals and resources to anyone affected by an incident of sexual misconduct or relationship violence. Students seeking counseling referrals for licensed mental health professionals should contact the Office of Student Experience at 888.658.8632 x3568 or email counseling@nl.edu.

Academic Accommodations

Immediately following a reported incident and while investigation is ongoing, the University reserves the right to take whatever measures it deems necessary to protect a student’s rights and personal safety. These efforts may include changes to academic, living, dining, transportation, and working situations, obtaining and enforcing impact course/work schedules, class assignments, presence on NLU campuses and other measures. The University may provide accommodations and take other protective measures regardless of whether the student pursues a complaint pursuant to this policy or reports the incident to local law enforcement.

Complaint Procedures

The University has an obligation to promptly take steps to investigate or otherwise determine what occurred and then to address instances of relationship violence and sexual misconduct when it knows or should have known about such instances, regardless of Complainant cooperation and involvement. Therefore, the University encourages persons who believe that they have experienced sexual misconduct or relationship violence to contact the University. The University will accept anonymous reports.

Reporting Sexual Misconduct or Relationship Violence

All individuals are encouraged to promptly report conduct that may violate this policy to the University. In addition, all individuals are encouraged to report conduct that may also violate criminal law to both the University and to local law enforcement. These processes are not mutually exclusive.

Any University student who seeks to make a complaint or report may:

  • Make an internal report to the NLU Title IX Coordinator.
  • File a University incident report at nl.edu/letusknow
  • Contact local law enforcement to file a criminal complaint.

Complainants may pursue an internal NLU complaint and a criminal complaint. When talking to the Title IX Coordinator, a student does not need to know whether they wish to request any particular course of action. Complainants do not need to know how to label what happened. Choosing to make a complaint and deciding how to proceed after making the complaint, can be a process that unfolds over time.  The University also encourages individuals who have been sexually assaulted to undergo a health assessment by a Sexual Assault Nurse Examiner (SANE) as soon as possible. A SANE is a registered nurse specially trained to provide care to sexual assault patients. The SANE conducts medical forensic examinations and can serve as an expert witness in a court of law. If you decide to have a SANE exam you can choose whether or not to make a police report.

The University can most effectively investigate and respond to allegations of sexual misconduct or relationship violence if the complaint is made as promptly as possible after the alleged violence or misconduct occurs. The University does not, however, limit the time frame for reporting. If the Respondent is not a member of the NLU community at the time of the report, the University will still seek to meet its legal obligations by providing reasonably available support for a Complainant, but its ability to investigate and/or take action may be limited. The University will, however, assist a Complainant in identifying external reporting options.

A student who believes that he or she has been involved in an incident of sexual misconduct or relationship violence, or any member of the University who becomes aware of an incident of sexual misconduct or relationship violence is strongly encouraged to report the incident through one or more of the following options. As with all types of incidents, the University prohibits and will address any retaliation against anyone who files a good faith complaint or discloses an incident of sexual misconduct or relationship violence.

Reporting Incidents to NLU

A victim or witness has the right to file a written complaint making the University aware of a sexual misconduct incident by submitting an Incident Report at nl.edu/letusknow. Complaints can also be made to NLU’s Title IX Coordinator, Danielle Laban, by email at dlaban@nl.edu or by phone/ fax at 312.261.3162. NLU will make every effort to safeguard the identities of students who seek help and/or report sexual misconduct.

Contact Information: Filing NLU Complaints

Danielle Laban

Title IX Coordinator

By e-mail at dlaban@nl.edu

By phone or fax at 312.261.3162.

  • Disclosures to Responsible Employees - Most University officials are considered Responsible Employees, which means they are required by law to report to the Title IX Coordinator all details shared with them regarding incidents of sexual misconduct or relationship violence. To ensure a prompt response to a complaint, the University strongly encourages students to submit reports directly to the Title IX Coordinator through nl.edu/letusknow.  If a student reports to a Responsible Employee, that employee is obligated to submit the student’s report to the Title IX Coordinator. 
  • Partially Confidential Disclosures - NLU has identified specific faculty/staff members who are able to keep reports of sexual misconduct or relationship violence partially confidential if a victim or witness so wishes. These officials are required to report to the Title IX Coordinator that an incident has occurred and they must provide general details about the incident, but they are not required to disclose any personally identifiable information about the victim/reporting party. For a list of partially confidential on-campus sources, please see nl.edu/ sexualrespectandTitleIX/ under Reporting Options.
  • Confidential Disclosures - A victim or witness who wishes to keep the incident completely confidential can speak to someone at a local crisis and support center or contact the university confidential advisor. Any information shared with an advocate or counselor at these agencies will not be shared or discussed with NLU officials and will not constitute a complaint or formal report. For a complete list of fully confidential sources where NLU has established a formal partnership please see nl.edu/sexualrespectandTitleIX.

Reporting Incidents to Law Enforcement Agencies

Whether or not a victim chooses to make an official report to the Title IX Coordinator or law enforcement, he or she is encouraged to seek appropriate help, which includes medical attention, obtaining information, support and counseling. The University cannot file a criminal complaint on behalf of the student. The student must make this decision and initiate this complaint with the local police department. 

  • Criminal Complaints - In addition to violating University policy, sexual misconduct and relationship violence may also constitute criminal activity. Every victim of sexual misconduct maintains the personal right to file criminal charges with the appropriate local law enforcement agency in addition to or instead of filing an Incident Report with the Title IX Coordinator. The chances of a successful criminal investigation are greatly enhanced if evidence is collected and maintained immediately by law enforcement officers. Victims may discuss the matter with a law enforcement officer without making a formal criminal complaint or a formal University complaint. The Title IX Coordinator, Student Conduct Officer or another University official are available to assist victims in reporting a crime of sexual misconduct to law enforcement. 

Chicago:

  Chicago Police Department

  1718 South State St Chicago, IL 60616

  Non-Emergency: 312.745.4290

Elgin:

Elgin Police Department

151 Douglas Ave Elgin, IL 60120

Non-Emergency: 847.289.2700

 

Lisle:

Lisle Police Department

5040 Lincoln Ave Lisle, IL 60532

Non-emergency: 630.271.4200

 

North Shore:

Skokie Police Department

7300 Niles Center Rd Skokie, IL 60077

Non-emergency:  847.982.5900

 

Wheeling:

Wheeling Police Department

1 Community Blvd Wheeling, IL 60090

Non-emergency: 847.459.2632

 

Florida:

Tampa Police Department

411 N. Franklin St Tampa, FL  33602

Non-emergency: 813.276.3200  

  • No Contact Orders - Victims of domestic violence, sexual assault or stalking also have the right to obtain an Order of Protection or No Contact Order through the county court where either the victim or Responding Party resides, or the county in which the allegations occurred. 

Explanation of Rights and Options

Upon receipt of a report of sexual misconduct or relationship violence, the Title IX Coordinator will provide a written explanation to the Complainant and Responding Student summarizing their respective rights and options. This written explanation will include information about reporting procedures, investigation procedures, law enforcement, legal options, confidentiality protections, campus resources, interim measures, and campus disciplinary procedures. Notices to University employees who are Respondents shall follow applicable University Human Resources procedures. 

Requests for Confidentiality or Anonymity

While steps are taken to protect victims’ privacy and empower victims to pursue their chosen course of action, the University may be legally required to investigate an incident and take action to ensure the safety of the victim and the NLU community, whether or not a victim chooses to pursue a complaint. In cases indicating pattern, predation, threat, weapons and/or violence, the University will likely be unable to honor a request for confidentiality. In cases where the victim requests confidentiality and the circumstances allow the University to honor that request, the University will offer interim support and remedies to the victim and the community, but will not otherwise pursue formal action.

Formal reporting still affords privacy to the Complainant, and only a small group of University officials who need to know will be told, including but not limited to: Title IX Coordinator, Student Conduct Officer, Behavioral Intervention Team and security personnel if needed. The circle of people with this knowledge will be kept as tight as possible in each case in order to preserve a reporting party’s rights and privacy.

Victims of sexual misconduct relationship violence may request confidentiality or anonymity, including that their name not be shared with the Respondent, that the Respondent not be notified of the report, or that no investigation occur. If the victim wants to tell the Title IX Coordinator or a Responsible Employee what happened, but also wants to maintain confidentiality or anonymity, the employee should tell the victim that the University will consider the request but cannot guarantee confidentiality or anonymity. The incident will be disclosed only to those officials with a legitimate institutional interest in knowing the information. In reporting the details of the incident to the Title IX Coordinator, the Responsible Employee will inform the Title IX Coordinator of the victim’s request for confidentiality or anonymity. Every effort will be made to maintain confidentiality of any accommodations or interim protective measures that are arranged for the reporting party unless such confidentiality prevents the institution from providing those accommodations or protective measures.

The Title IX Coordinator will weigh the victim’s request for confidentiality or anonymity against the University’s obligation to provide a safe, non-discriminatory environment for all students and employees, including the victim. The Title IX Coordinator will consider a range of factors in weighing the request, including:

  • The associated risk that the Respondent will commit additional acts of relationship violence or sexual misconduct, such as:
    • Whether there have been other sexual misconduct or relationship violence complaints about the same Respondent;
    • Whether the Respondent has a history of arrests or records from a prior school indicating a history of violence;
    • Whether the Respondent threatened further sexual misconduct or relationship violence against the victim or others;
    • Whether the sexual misconduct or relationship violence was committed by multiple Respondents;
    • Whether there have been threats to kill or harm the victim; and/or
    • Whether the sexual misconduct or relationship violence was perpetrated with a weapon;
    • Whether the victim is a minor;
    • Whether the University possesses other means to obtain relevant evidence of the sexual misconduct or relationship violence (e.g., security cameras or personnel, physical evidence);
    • Whether the victim’s report reveals a pattern of sexual misconduct or relationship violence at a specific location or by a particular group

If the University honors the request for confidentiality, the Title IX Coordinator will explain to the victim that the University’s ability to meaningfully investigate the incident and pursue disciplinary action against the Respondent may be limited.

The Title IX Coordinator will also explain that the University prohibits retaliation for filing a complaint and will take steps to prevent retaliation and take strong responsive action if any retaliation occurs. If the Complainant continues to ask that his or her name not be revealed, the University will take all reasonable steps to investigate and respond to the complaint consistent with the request as long as doing so does not prevent the University from responding effectively to harassment and preventing harassment of others.

Regardless of whether the request for confidentiality is honored, the University will take steps to limit the effects of the alleged sexual misconduct or relationship violence and prevent its recurrence when possible. Such steps might include providing increased security of supervision at locations or activities where a pattern of sexual misconduct or relationship violence exists; providing education and training materials for students , student groups, or employees; reviewing applicable sexual misconduct and relationship violence disciplinary policies; and conducting climate survey's regarding relationship violence and sexual misconduct.

At times, in order to provide a safe, non-discriminatory environment for members of the campus community, the University may not be able to honor a victim’s request for confidentiality. In such circumstances, the Title IX Coordinator will inform the victim prior to starting an investigation and will share information only with people involved in the University’s investigation. The victim is not required to participate in the investigation. Should the victim choose not to participate in an investigation, the Title IX Coordinator will explain that the University’s ability to meaningfully investigate the incident and pursue disciplinary action against the Respondent may be limited.

Reports from Witnesses & Bystander Intervention

Students, employees and third parties who witness acts of sexual misconduct or relationship violence perpetrated by a member of the University community (faculty, staff, or student) or occurring during a University program or event or on University property are strongly encouraged to report the misconduct to the Title IX Coordinator.

The University encourages all witnesses of sexual misconduct or relationship violence to engage in bystander intervention when safe to do so. As explained on the notalone.gov website, “the bystander role includes interrupting situations that could lead to assault before it happens or during an incident; speaking out against social norms that support sexual assault, domestic violence, dating violence, and stalking; and having skills to be an effective and supportive ally to survivors.”

Amnesty for Drug or Alcohol Possession and Consumption Violations

The University encourages students to report all incidents of sexual misconduct or relationship violence. Therefore, students who in good faith report sexual misconduct or relationship violence or other violations of this policy will not be disciplined by the University for student conduct violations such as underage drinking and misuse of alcohol, unless NLU determines that the violation was egregious, including without limitation actions that place the health or safety of another person at risk. 

Sexual Misconduct and Relationship Violence by Third Parties

The University prohibits relationship violence and sexual misconduct by third parties towards members of the University community when the third party has been brought into contact with the member of the University community through a University program or activity. Although individuals who are not students or employees of the University are not subject to discipline under the University's internal processes, the University will take prompt, corrective action to eliminate relationship violence and sexual misconduct and prevent its recurrence in those circumstances.

If a University student believes that she or he has experienced sexual misconduct or relationship violence in a University program or activity by an individual who is not a University employee or student, the student should report the conduct to the Title IX Coordinator and the administrator (e.g., supervisor, department chair, or dean) responsible for that program or activity.

Investigations Without a Complaint

When necessary to meet its commitment to provide an environment free of unlawful sexual misconduct or relationship violence, the University may investigate allegations   of sexual misconduct or relationship violence of which it becomes aware, even if no complaint has been filed, the individual(s) involved is unwilling to pursue a complaint or participate in an investigation, or the individual(s) involved requests to participate anonymously.

Informal Resolution of Complaints

Informal resolution means any type of resolution provided by the University in situations involving violations of the Sexual Misconduct and Relationship Policy which does not involve disciplinary action against the Respondent. Informal resolution is typically used when a Complainant requests to participate in an informal resolution, requests anonymity, does not consent to participation in an investigation, or the alleged conduct, even if it does not rise to the level of a policy violation, suggests the need for remedial, educational or preventive action. Depending on the form of informal resolution used, it may be possible for a Complainant to maintain anonymity.

The decision to use informal resolution will be made when the University has sufficient information about the nature and scope of the conduct, which may occur at any time. Where the Title IX Coordinator concludes that informal resolution may be appropriate, the University will take immediate and corrective action through the imposition of individual and community remedies designed to maximize the Complainant’s access to the educational, extracurricular, employment and other activities at the University and to eliminate any hostile environment. Participation in informal resolution by a Complainant is voluntary, and either party may request to end informal resolution at any time and begin the formal stage of the complaint process.

There are some instances when use of informal resolution options is inappropriate, for example, cases involving sexual assault or a student complaint of sexual harassment against an employee in a position of authority over the student. The University will not compel a Complainant to engage in mediation, to directly confront the respondent, or to participate in any form of informal resolution. Such participation shall be completely voluntary for the Complainant.

The Title IX Coordinator will maintain records of all reports and conduct referred for informal resolution, which will typically be completed within sixty (60) calendar days of the initial report.

Processing Complaints and Reports

All reports of sexual misconduct or relationship violence are reviewed by Title IX Coordinator. The University will process all complaints and reports of sexual misconduct or relationship violence it receives, regardless of where the conduct which is the basis for the complaint occurred. The Title IX Coordinator may also determine that an investigation is warranted without a complaint if the University has sufficient notice that sexual misconduct or relationship violence may have occurred.

Even if the Title IX Coordinator determines that a formal investigation is not warranted, the University will take prompt, responsive action to support a Complainant and will take steps to eliminate, prevent, or address a hostile environment if it determines that one exists. 

Where a University employee is the Respondent, the Director of Diversity & Employment will conduct the investigation in coordination with the Title IX Coordinator, taking into account any additional procedures specified in the University’s Human Resources policies.

Investigation Procedures

This section provides a general outline of the investigation procedures and protocols to be employed by the Title IX Coordinator or his or her designee when conducting an investigation of sexual misconduct or relationship violence.  Each investigation will be specific to the facts and may vary depending on the circumstances of each case.  In general, the following procedures will be followed: 

a)        Evaluate which University policies are related to the complaint or report.

b)       Provide interim measures to stop sexual misconduct or relationship violence.

c)        Provide information on the importance of preserving physical evidence of sexual misconduct, in           particular sexual or relationship violence.

d)       Provide information on the availability of a medical forensic examination at no charge to the                victim.

e)        Meet separately with the Complainant and the Respondent, interview them and identify additional       witnesses. 

f)        Collect, preserve and review available evidence, including information provided by the                         Complainant , the Respondent and witnesses and physical evidence such as documents, e-mails,         photographs, video and audio recordings, text messages and other available evidence.

g)        Interview other witnesses. 

h)       Contact and cooperate with law enforcement, when applicable.

i)         Assess the credibility and reliability of the evidence. 

j)         Issue a Title IX report summarizing all evidence and recommendations for resolution of the                  incident. The preponderance of the evidence standard means it is more likely than not that a fact        is true or that an incident occurred. 

k)       Complete an investigative report that is distributed to the Student Conduct Officer (if the                    Respondent is a student), the Office of Human Resources (if the Respondent is a faculty or staff          member) or the Director or Vice President with authority to impose sanctions on the Respondent        (if the Respondent is a third-party).

l)        Distribute investigative report to the Complainant and the Respondent.   

m)      File the investigative report in the Title IX Office.

 

Alternate Options for Resolution of Complaints

Students who believe they are a victim of sex-based discrimination in an educational program may file a complaint under Title IX with the regional enforcement office of the Office for Civil Rights, U.S. Department of Education at the following address:

Illinois:

Office for Civil Rights, Chicago Office
U.S. Department of Education
Citigroup Center 500 W. Madison Street, Suite 1475
Chicago, IL 60661-4544 Telephone: (312) 730-1560
Facsimile: (312) 730-1576 Email: OCR.Chicago@ed.gov

 

Florida:

Office for Civil Rights, Atlanta Office
U.S. Department of Education
61 Forsyth Street S.W., Suite 19T10
Atlanta, GA 30303-8927 Telephone: (404) 974-9406
Facsimile: (404) 974-9471 Email: OCR.Atlanta@ed.gov

Relationship between Human Resources and the Title IX Coordinator

The process for conducting investigations of complaints against Respondents who are University employees is similar to the process for investigating complaints against students, subject to University policies and procedures that apply to the Respondent. Human Resources has primary responsibility for investigations of complaints against employees, with support from the Title IX Coordinator to ensure that Complainant is provided all notices required by this policy and receives the appropriate supports as provided for in this policy.  Investigative reports will be distributed to the Complainant and the Respondent employee and filed in the Title IX Office and in the Human Resources file related to the Respondent employee. 

Relationship Between Law Enforcement Investigations and Internal Investigations

Law enforcement agencies investigate to determine whether there has been a violation of criminal laws. The Title IX Coordinator investigates to determine whether there has been a violation of University policy. The investigations proceed concurrently, and the outcome of one investigation does not determine the outcome of the other investigation.

Occasionally, the Title IX Coordinator may need to briefly suspend the investigation at the request of law enforcement while the police are in the process of gathering evidence. The Title IX Coordinator will maintain regular contact with law enforcement to determine when it may complete its investigation. Even if the Title IX Coordinator’s investigation is briefly suspended, the University will nevertheless communicate with the Complainant regarding his/her rights, procedural options, and the implementation of appropriate interim measures to assist and protect the safety of the Complainant and the campus community and to prevent retaliation. The Title IX Coordinator will promptly resume his or her investigation as soon as notified by the police department that it has completed its evidence gathering process, or sooner if the University determines that the evidence gathering process will be lengthy or delayed.

Grievance/Adjudication Procedures

The process of formal review that will be followed by the University after an investigation is completed depends on the status of the Respondent. If the Respondent is a student, the Title IX Investigation Report will be submitted to the Office of Student Experience, where formal charges may result per the Student Conduct Process.

If the Student Conduct Process results in a finding that the Responding Student is Responsible, sanctions may include, but are not limited to, the remedies recommended in the Title IX Investigation Report, including suspension or dismissal from the University.

Remedies, including, but not limited, to educational and developmental activities may be imposed on the Responding Student even if the Student Conduct Officer decides not to file formal charges.

Per Title IX, the standard of evidence in all sexual misconduct and relationship violence fact-finding and related disciplinary and grievance proceedings will be preponderance of evidence.      

A copy of the final course of action will be kept on file in the Title IX Office.

If the Respondent is a University employee, the University’s policies and procedures applicable to the employee will be followed.

The entire grievance process, including the investigation and all formal review processes must be completed within 60 calendar days of the incident.

Appeals

If the Respondent is a student, the appeal process provided in the Student Conduct Process shall be available to the Complainant and the Responding Student.

If the Respondent is a tenured member of the NLU faculty and the Investigative Body established in the National Louis University Policy for Termination of Tenured Faculty for Cause, FP 115, determines there is not sufficient evidence to refer the Complaint for investigation by the Investigative Panel, the Complainant may file an appeal to the Investigative Panel by submitting the appeal in writing to the Vice President for Human Resources or designee.  Upon receiving the appeal, the Investigative Panel will review the appeal and the record submitted by the Investigative Body and determine whether further investigation is warranted.  The Investigative Panel will notify the Complainant and the Respondent of its final determination, including the results of any investigation it conducts regarding the complaint.   

If the Respondent is a University employee who is not a tenured member of the NLU faculty, and the Vice President of Human Resources; designee finds that the Respondent did not engage in the conduct alleged by the Complainant or the Complainant disagrees with the sanction imposed on the Respondent, the Complainant may appeal in writing to the Vice President for Human Resources.  Upon receiving the appeal, the Vice President for Human Resources or designee,  who shall be someone other than the Vice President of Human Resources' designee, will review the appeal and the record submitted by the Director of Diversity and Employment.  The Vice President for Human Resources or designee will notify the Complainant and the Respondent employee of his or her final determination. 

Conflicts of Interest

The University does not allow conflicts of interest, real or reasonably perceived, by those investigating allegations under this policy or its related procedures. A conflict of interest exists when an individual’s knowledge of the matter or personal or professional relationships with the Complainant, Respondent, or witnesses would preclude the individual from being able to investigate the case fairly and impartially. Individuals who wish to challenge an investigator because of a conflict of interest may do so by filing a challenge with the Title IX Coordinator or, in matters being investigated by the Office of Human Resources, the Vice President of Human Resources or designee. If the challenge is to the Title IX Coordinator, the challenge may be filed with the Vice Provost. If the challenge is to the Vice President of Human Resources' designee, the challenge may be filed with the Vice President of Human Resources.

Crime Reporting and Timely Warnings

As part of its annual reporting obligations under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act, as amended by the Violence Against Women Act, and related regulations, the University discloses statistics regarding domestic violence, dating violence, stalking, and sexual assaults that meet the definition of forcible and non-forcible sex offenses under federal law.. The report, the Annual Security and Fire Safety Report, is published every October and is located on NLU website at nl.edu/legalpages/consumerinfo/annualsecurityreport/

Victims of sexual misconduct should also be aware that University administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the NLU community. The University will make every effort to ensure that a victim’s name and other identifying information is not disclosed while still providing enough information for community members to make safety decisions in light of the danger.

Prevention Education and Training

NLU will provide training on sexual misconduct prevention, reporting and response for all Responsible Employees and students through various platforms. Training is required of all Responsible Employees and will be provided online to faculty and staff at time of hire and annually. Students will be offered online training at the time of New Student Orientation. Continuous training events and programming will be held virtually and on various campuses throughout the year for the NLU community including a robust Sexual Assault Prevention Month every April. Those University officials with increased duties of response, advocacy and confidentiality will be required to attend additional training.