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.
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.
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.
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.
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.