Other Provisions
Requests for Confidentiality or Anonymity
While steps are taken to protect privacy and empower parties 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 parties and the NLU community, whether or not a complainant 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 complainant requests confidentiality and the circumstances allow the University to honor that request, the University will offer interim support and remedies to the parties and the community, but will not otherwise pursue an investigation and adjudication.
Formal reporting still affords privacy to involved parties, and only necessary individuals involved in the formal resolution process or University administrators will be notified as deemed necessary by the Title IX Coordinator. Notification of a report may include but may not limited to: Title IX Coordinator, Student Conduct Officer, CARE case management team, Human Resources, University Leadership, and security personnel if needed. The circle of people with this knowledge will be kept as tight as possible in order to preserve all involved parties rights and privacy.
Reports from Witnesses and 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 or employee believes that they have 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 or employee 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.
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
Phone 312.730.1560 • Fax 312.730.1576
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
Phone 404.974.9406 • Fax 404.974.9471
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 the same as the process for investigating complaints against students. Where faculty and staff are involved, all parties must go through the formal resolution process outlined earlier in this policy. The Title IX Coordinator has primary responsibility for investigations of complaints against employees and the Associate Director of Human Resources will act as the Hearing Officer in cases where an employee is the respondent. Employee appeals will be reviewed by the Vice President of Human Resources as outlined above.
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.