Title IX
Policy Addressing Discrimination & Harassment
Updated/Current as of August 1, 2024
In furtherance of Rend Lake College’s commitment to the principles of equality and equal opportunity for applicants, students, faculty, staff, and visitors, this policy and the associated procedures are established to provide a means to address complaints of discrimination or harassment based on the protected categories described herein. The College will comply with all federal, state, and applicable local nondiscrimination, equal opportunity and affirmative action laws, orders and regulations.
This policy is designed to promote a safe and healthy learning and work environment and to comply with multiple laws that prohibit discrimination, including: Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act Amendments Act, the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, the Age Discrimination Act, Title IX of the Education Amendments Act of 1972, the Pregnancy Discrimination Act of 1978, the Uniformed Services Employment and Re-employment Act, the Veterans’ Readjustment Act of 1974, the Genetic Information Nondiscrimination Act of 2008, the Illinois Human Rights Act and the Illinois Preventing Sexual Violence in Higher Education Act.
POLICY
A. Policy Definitions
criminal investigation.
(1) consent is a freely given agreement to sexual activity
(2) a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent
(3) a person's manner of dress does not constitute consent
(4) a person's consent to past sexual activity does not constitute consent to future sexual activity
(5) a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another
(6) a person can withdraw consent at any time
(7) a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances, including without limitation the following:
(a) the person is incapacitated due to the use or influence of alcohol or drugs;
(b) the person is asleep or unconscious;
(c) the person is under age; or
(d) the person is incapacitated due to a mental disability. See 720 ILCS 5/11-1.70 for the Illinois definition of consent.
In Illinois, the age of consent is 17 years.
- the conduct is severe or pervasive enough to create a work or learning environment that a reasonable person would consider intimidating, hostile, or abusive; and
- enduring the offensive conduct becomes a condition of continued employment or participating in an educational program or activity.
Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
(2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the college’s education program or activity;
(3) “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C.
12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).
Sexual assault is defined in U.S. Code as an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. This includes the following crimes:
- Fondling: The touching of the private body parts of another person for the purpose of sexual gratification without consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or temporary or permanent mental or physical incapacity
- Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law
- Rape: penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim
- Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent
B. Discrimination
C. Harassment
Harassment, including sexual harassment, is a form of discrimination. Rend Lake College does not tolerate any form of harassment in work or study. The College considers such behavior – whether physical or verbal – to be a breach of its standards of conduct. It will seek to prevent such incidents and will investigate and take corrective actions in response to alleged or suspected violations of this policy. Sexual abuse, sexual assault, dating violence and domestic violence are severe forms of sexual harassment and are violations of this policy as well as the State Criminal Code.
D. Title IX
Discrimination on the basis of sex (i.e., sex discrimination) includes sexual harassment, sexual assault, and sexual violence. Title IX also prohibits gender-based harassment, which includes acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
E. Retaliation
F. Disciplinary Sanctions
PROCEDURE
A. Reporting
Title IX sexual harassment, as defined above, can be reported directly to the Title IX Coordinator. Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by e-mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report, including by making a report to the RLC Police Department. Such a report may be made at any time, including during non-business hours, by using the telephone number or e-mail address, or by mail to the office address, listed for the Title IX Coordinator.
The college will respond promptly to Title IX sexual harassment in a manner that is not deliberately indifferent, meaning a response that is not clearly unreasonable in light of the known circumstances.
Notice of or allegations of sexual harassment to the college’s Title IX Coordinator, or to any college officials with authority to institute corrective measures on the college’s behalf (i.e., the President’s Executive Leadership Team), will constitute actual knowledge and thus trigger a response from the college. The Title IX Coordinator shall confer with and/or seek guidance from the President on matters that he/she deems appropriate.
College employees to whom misconduct is reported are required to report the alleged misconduct to the Rend Lake College Police Department immediately. Employees who fail to report alleged or suspected violations of this policy to the appropriate campus office in a timely manner may be subject to disciplinary action, up to and including termination.
Persons visiting the campus who believe that they are subject to conduct that would constitute a violation of the policies herein as perpetrated by a Rend Lake College employee or student should contact the Rend Lake College Police Department on campus or at 618-525-1911.
A student, employee or visitor who has experienced a sexual assault or other act of sexual violence may also contact proper law enforcement authorities (e.g., by calling 911), including Rend Lake College police or local police, about possibly filing a criminal complaint. The Title IX Coordinator is available to assist students in making contact with appropriate law enforcement authorities upon request. Any pending criminal investigation or criminal proceeding may have some impact on the timing of the College’s investigation, but the College will commence its own investigation as soon as is practicable under the circumstances. Rend Lake College reserves the right to commence and/or complete its own investigation prior to the completion of any criminal investigation or criminal proceeding.
Victims of sexual violence are strongly encouraged to report this in a timely manner to the Rend Lake College Police Department. Filing a police report with the Rend Lake College Police Department will not obligate the victim to prosecute, but it will: ensure that a victim of sexual assault receives the necessary medical treatment and tests, at no expense to the victim; provide the opportunity for collection of evidence helpful in prosecution, which cannot be obtained later; and ensure the victim has access to free confidential counseling from counselors specifically trained in the area of sexual assault crisis intervention.
Upon receiving a report of an allegation of sexual violence, dating violence, domestic violence or stalking, the college will provide survivors with concise information, written in plain language, concerning their rights and options.
Rend Lake College Police Department: 618-525-1911 or 618-437-5321, Ext. 1911, police@rlc.edu, 468 N. Ken Gray Pkwy, Ina, IL 62846. Confidential reporting is available through the RLC Police Department.
Jefferson County Sheriff’s Office: 618-244-8004, 911 E. Casey Ave., Mt. Vernon, IL 62864
RLC MarketPlace (Mt. Vernon)
MarketPlace Security: 618-237-1911
Title IX Coordinators
B. Procedures for Addressing Violations of this Policy
Informal resolution techniques will not be employed in instances in which sexual misconduct that constitutes sexual assault or sexual violence, or conduct constituting dating violence, domestic violence or stalking, is alleged.
Informal resolutions are designed to operate in an expeditious manner and to empower the parties to reach a mutually satisfactory agreement with the assistance of a neutral third party. The investigator does not make a determination of fact as to whether College policy has been violated as part of the informal resolution process. Instead, the investigator will use conflict resolution techniques to attempt to resolve the concern(s) brought forward in a manner that is satisfactory to all parties. Informal resolution is flexible and invites active participation of all the parties in order to resolve the matter. Moreover, the investigator will only speak to the individuals whose involvement is necessary to facilitate a resolution. In some instances, this might include only the parties directly involved.
Informal resolution techniques will not be employed in instances in which sexual misconduct that constitutes sexual assault or sexual violence, or conduct constituting dating violence, domestic violence or stalking, is alleged.
If the individual declines to complete the Complaint Form, the investigator will either (1) close the matter; or (2) invoke the formal investigation process below if the alleged or suspected misconduct would constitute prohibited discrimination, harassment, or retaliation in violation of this policy.
Informal efforts to address the allegations will conclude with one of the following: (1) a resolution of the complaint by agreement of the parties; or
(2) a decision to stop further action. Possible resolutions by agreement of the parties may include, but are not limited to: an apology to the initiating party; assisting the responding party to better understand the effects of his or her conduct and ways in which this behavior could be changed; participation in educational programs about equal opportunity orharassment; verbal or written reprimands; or other interventions or actions aimed at ending the alleged misconduct.
In concluding the informal resolution phase, the investigator shall submit a report to the parties involved in the allegation and the appropriate Title IX Coordinator if necessary, but not normally to any other campus-level office. Informal resolution reports will usually be brief. Reports prepared by an investigator, and all records collected during the investigation, shall be kept separate from the official personnel files of the parties.
The Vice President’s findings of fact shall be made using the preponderance of the evidence standard (i.e., more likely than not). Individuals are presumed innocent unless a preponderance of the evidence supports a finding of misconduct. The preponderance of the evidence standard requires that the evidence supporting each finding is more convincing than the evidence offered in opposition to it. If there is evidence that the complaint was filed without a reasonable basis in fact and honest belief, the investigator shall include that evidence in his or her report. Such conduct could constitute a violation of this policy.
The Vice President shall submit his or her conclusion and recommendation to the Complainant, the Respondent, and the President. The Vice President, in consultation with legal counsel, the President, and his/her designee(s) deemed to be relevant to the decision-making process, shall make his or her decision as to the disposition of the case as soon as possible, but no later than 7 days of the disciplinary hearing (or as soon as feasible when extensions are necessary). This decision shall be in writing and shall include an explanation of the decision, any and all sanctions imposed, and appeal rights. Copies of the decision will be sent to the Complainant, the Respondent, and other appropriate executive officers. The Complainant and Respondent shall be informed of the decision contemporaneously to the greatest extent possible. The College also may disclose to the Complainant information about any sanctions or corrective actions taken that relate directly to the complainant (e.g., a “no contact” order).
C. Procedure for Addressing Title IX Sexual Harassment Complaints
The college will respond promptly to Title IX sexual harassment in a manner that is not deliberately indifferent, meaning a response that is not clearly unreasonable in light of the known circumstances.
The college will treat complainants and respondents equitably by offering supportive measures to a complainant, and by following a grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures, against a respondent. The Title IX Coordinator will promptly contact the complainant confidentially to discuss the availability of supportive measures as defined above, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.
PROCESS FOR FILING A FORMAL COMPLAINT – To file a formal complaint, the complainant may fill out the electronic complaint form found on the college’s website at www.rlc.edu/titleix-policy and check the “Sexual Harassment” box. Alternately, the complainant may make a formal complaint in person at the office of the Title IX Coordinator, by emailing the complaint to the Title IX Coordinator, or by mailing the formal complaint to the office of the Title IX Coordinator. Only the complainant or the Title IX Coordinator may file a formal complaint, which is required before a Title IX investigation can commence.
- Notice of the grievance process, including the informal resolution process.
- Notice of the allegations of sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known.
- A statement that the respondent is presumed not responsible and that a determination regarding responsibility will be made at the end of the grievance process.
- Notification that the parties each may have an advisor of their choice, who may be but is not required to be an attorney. If a party is not able to secure an advisor, the college will provide one at no cost to that party.
If, during the investigation, the college chooses to investigate any additional allegations against either the complainant or respondent, the college will send an amended notice.
- Under Title IX regulations, the college must dismiss sexual harassment complaints when the conduct alleged in the formal complaint would not constitute sexual harassment as defined in this section even if proved, did not occur in the college’s education program or activity, or did not occur against a person in the United States.
- The college may dismiss the formal complaint or any allegations therein, if at any time during the investigation or hearing: A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein; the respondent is no longer enrolled or employed by the college; or specific circumstances prevent the college from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
- If a formal complaint is dismissed for any of the above reasons, prompt notification of the dismissal and the reason for it will be sent to the parties. Dismissals of formal complaints under Title IX do not preclude the college from pursuing matters under the other sections of Policy 2.1200.
The college may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.
1. Informal Resolution Process for Title IX Complaints:
If both parties agree in writing, a formal complaint may go through an informal resolution process. In this event, the college will provide both parties with a written notice including the allegations; the requirements of the informal resolution process; any circumstances under which the parties are precluded from resuming a formal complaint arising from the same allegations, provided that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint; and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared. The informal resolution process will follow that outlined in section B(1)(b) of this policy.
Informal resolution is not an option in an allegation of an employee sexually harassing a student, nor in instances in which sexual misconduct that constitutes sexual assault or sexual violence, or conduct constituting dating violence, domestic violence, or stalking, is alleged.
2. Formal Resolution Process for Title IX Complaints
The formal resolution process will include a thorough, impartial investigation by a trained Title IX investigator. The investigation includes interviewing the parties and relevant witnesses, and reviewing written statements, documents, records, and other communications or forms of evidence not protected by unwaived privilege.
The formal resolution process must include a live hearing, resulting in a determination of the respondent’s responsibility. The respondent is presumed to be not responsible, and the preponderance of evidence standard will be used. The burden of gathering evidence and burden of proof is on the college.
During the formal resolution process, the college will:
- Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;
- Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;
- Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding; however, the college may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties;
- Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate;
- Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the college does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. Prior to completion of the investigative report, the college will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties must have at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report. The college will make all such evidence subject to the parties’ inspection and review available at any hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination; and
- Create an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to a hearing or other time of determination regarding responsibility, send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response.
3. Live Hearings
The live hearing will be conducted by a disciplinary committee formed by the college President and chaired by the appropriate Vice President or other designee of the President. As the decision maker, the committee chair cannot be the Title IX Coordinator nor the investigator. At the live hearing, each party’s advisor is permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally.
At the request of either party, the college will provide for the entire live hearing (including cross-examination) to occur with the parties located in separate rooms with technology enabling the parties to see and hear each other.
Only relevant cross-examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination or other question, the chair will first determine whether the question is relevant and explain to the party’s advisor asking cross-examination questions any decision to exclude a question as not relevant. It is strongly recommended that questions be submitted to the chair prior to the live hearing.
If a party does not have an advisor present at the live hearing, the college will provide, without fee or charge to that party, an advisor of the college’s choice who may be, but is not required to be, an attorney to conduct cross-examination on behalf of that party.
Complainants have rape shield protections, deeming irrelevant questions and evidence about a complainant’s prior sexual behavior unless offered to prove that someone other than the respondent committed the alleged misconduct or offered to prove consent.
Live hearings may be conducted with all parties physically present in the same geographic location or, at the college’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually.
The college will create an audio or audiovisual recording, or transcript, of any live hearing, and will be made available for inspection or review by the parties.
4. Determination Regarding Responsibility
The decision-maker must issue a written determination regarding responsibility. The written determination must include:
- Identification of the allegations potentially constituting sexual harassment as defined by Title IX
- A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held
- Findings of fact supporting the determination
- Conclusions regarding the application of the college’s code of conduct to the facts
- A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the college imposes on the respondent, and whether remedies designed to restore or preserve equal access to the college’s education program or activity will be provided to the complainant. The range of potential sanctions can be found in Section B(2)(d) of Policy 2.120
- The college’s procedures and permissible bases for the complainant and respondent to appeal
The college will provide the written determination to the parties simultaneously. The determination regarding responsibility becomes final either on the date that the college provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely. The Title IX Coordinator is responsible for effective implementation of any remedies.
5. Appeals
The college offers both parties an appeal from a determination regarding responsibility, and from dismissal of a formal complaint or any allegations therein, on the following bases:
- Procedural irregularity that affected the outcome of the matter;
- New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
- The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
If pursuing an appeal, a party must file notice of appeal within 14 days of the issuance of the written determination. Upon receiving notice of appeal, the college will:
- Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;
- Ensure that the decision-maker for the appeal is not the same person as the decision-maker who reached the determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator;
- Ensure that the decision-maker for the appeal has no conflict of interest and has been trained as required;
- Give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;
The decision maker for the appeal will be designated by the college President. The decision maker will review the written statements of both parties, as well as any relevant evidence from the investigation. The decision maker will issue a written decision describing the result of the appeal and the rationale for the result, and provide that decision simultaneously to both parties. The decision will be issued within a reasonable time frame, generally within 15 days of the receipt of written statements from the parties.
If any portion of this policy regarding Title IX processes conflicts with the provisions of Title IX of the Education Amendments Act of 1972, the provisions of Title IX will control.
D. General Provisions
The Title IX Coordinator will have the lead responsibility for overseeing all aspects of this policy. The President and his designees will share the responsibility for the effective functioning of these procedures within their units.
The College can unilaterally initiate any and all steps under this policy and procedures when it learns, either directly or indirectly, that discrimination, harassment or retaliation is alleged to be taking or has taken place. The Title IX Coordinator may alter any of the requirements of these procedures, including extending timelines, provided that the alteration does not impair the ability of the complainant to bring a complaint or the respondent to defend himself or herself. Any substantive alterations of these procedures will be communicated to the pertinent parties.
C. Bystander Intervention
In instances of sexual assault, a bystander may be able to intervene and prevent harm to others. A bystander should notice and recognize the event as a risky situation, take responsibility for helping the situation, ask for assistance from other bystanders, call 911, record any details as soon as possible, and intervene in a safe and sensitive manner.
D. Confidentiality
Rend Lake College strives to maintain confidentiality to the greatest extent possible and may require those involved to maintain confidentiality, particularly when confidentiality is required to protect witnesses, prevent evidence from being destroyed, avert a threat that subsequent testimony would be fabricated, or prevent a cover-up. Information will be protected to the extent permitted by law. Complainants are advised, however, that confidentiality can only be respected insofar as it does not interfere with the College’s obligation to investigate alleged or suspected violations of this policy and to take corrective action.
E. Conflict of Interest
A conflict of interest may arise if a participant, administrator, or investigator has a significant professional or personal involvement with the facts or the parties to a dispute. Any participant, administrator, or investigator, who has a conflict of interest in a dispute covered by these procedures, or a concern about a conflict on the part of another, shall report it to the President. The President shall decide how to address the situation. If there is a conflict of interest involving the President, the Chair of the Board of Trustees shall decide how to address the situation.
At any time after informal resolution or a complaint has been filed, and before final disposition of the dispute, the Title IX Coordinator may authorize supportive measures (in an alleged Title IX violation, in which such measures must be non-punitive and non-disciplinary; see above definition) or corrective/interim administrative action (in allegations of violations of other components of Policy 2.1200) to protect the best interests of the College. Rend Lake College reserves the right to take any interim administrative action deemed appropriate and permissible by law, pending the outcome of an investigation or grievance, so long as such action is permitted by and taken in accordance with any other applicable disciplinary procedures. Other interim administrative action can include, but are not limited to, removing a student from campus or an employee from a particular work environment, modifying work or course schedules, and issuing a “no contact” order. In situations involving suspected or alleged sexual harassment, sexual violence, domestic violence, dating violence, or stalking, the College also reserves the right to take steps to protect the complainant as deemed necessary during the pendency of the investigation and resolution process (e.g., allowing for a change in academic situation, issuing a “no contact” order to the accused, etc.). Any such interim steps will be taken in a manner that minimizes the burden on the complainant to the extent possible and in accordance with any other applicable disciplinary procedures.
All references to days mean calendar days unless specified otherwise.
H. Education and Awareness Programs
Rend Lake College is committed to continually educating and training the campus community about the various forms of discrimination and harassment and the procedures available to address complaints of discrimination and harassment. During new student orientations and as part of the First Year Experience (FYE) courses, students will be provided with Sexual Assault Awareness and Prevention training, safety tips and resources. Verbiage will be included on all College syllabi stating that sexual assault is not tolerated on campus and will provide the necessary contact information to report complaints. The College will utilize an email campaign each semester to remind students of the forms of prohibited conduct, consent, bystander intervention, and other resources available. Informational flyers will be placed in common student and staff areas.
These procedures may be implemented irrespective of any criminal proceeding or administrative action pursued in accordance with applicable College policies.
In cases in which a complainant files his/her complaint with a federal or state agency while his/her complaint is pending with the Title IX Coordinator, the internal complaint may be terminated if it is determined that the College’s ability to continue its inquiry or investigation in an impartial manner is compromised.