Title IX

 

 

What is Title IX?

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

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

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

Rick Eddy

Role of Title IX Coordinator:

  • Overseeing the College’s response to all Title IX reports and complaints and identifying and addressing any patterns or systemic problems revealed by such reports and complaints.
  • A Title IX complaint includes complaints alleging sexual discrimination, sexual harassment and/or sexual misconduct (as those terms are defined herein) which involve a College student as the victim and/or complainant or as the respondent.
  • Being informed of all reports and complaints raising Title IX issues, including those initially filed with another individual or office or if the investigation will be conducted by another individual or office.
  • Ensuring that adequate training is provided to students, faculty and staff on Title IX issues.
  • Conducting Title IX investigations, including investigating facts relative to a complaint and recommending appropriate sanctions against the perpetrator and remedies for the complaint.
  • Determining appropriate interim measures for a victim and/or complainant upon learning of a report or complaint of sexual violence.
  • Ensuring that appropriate policies and procedures are in place for working with law enforcement and coordinating services with local victim advocacy organizations and services providers, including rape crisis centers.
  • Promoting an educational and employment environment which is free of sexual discrimination and gender bias.
What is sexual violence?

The Campus Sexual Violence Act requires institutions to educate students and employees on prevention and awareness of sexual assault. According to the Illinois Criminal Code, the following definitions apply. http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=53&ActID=1876 Dating violence is defined on the Department of Justice website. http://www.ovw.usdoj.gov/datingviolence.html

Domestic violence

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

  • the length of the relationship
  • the type of relationship
  • the frequency of interaction between the persons involved in the relationship
Sexual assault

A person commits criminal sexual assault if that person commits an act of sexual penetration and: (1) uses force or threat of force; (2) knows that the victim is unable to understand the nature of the act or is unable to give knowing consent: (3) is a family member of the victim, and the victim is under 18 years of age; or (4) is 17 years of age or over and holds a position

Stalking

A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she know or should know that this course of conduct would cause a reasonable person to: (1) fear for his or her safety or the safety of a third person; or (2) suffer other emotional distress.

Consent

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

Sexual Assault Prevention

Carl Sandburg College takes the safety of our students seriously and strives to provide a safe and healthy environment for all of our students, staff, faculty and guests.

The Campus Sexual Violence Act (Campus SaVE), the Violence Against Women Act of 1994 and the Illinois Preventing Sexual Violence in Higher Education Act requires college campuses to provide information, training and ongoing prevention and awareness programs to combat sexual violence.

Sandburg’s policy against sexual violence

It is the responsibility of the College and all employees to maintain a safe and healthy environment for our students. Carl Sandburg College prohibits any violence towards students, employees and visitors including but not limited to domestic violence, dating violence, sexual assault and stalking.

Notice of complainants rights

Carl Sandburg College does not discriminate on the basis of sex in its educational programs and sexual harassment and sexual violence are types of sex discrimination. Other acts can also be forms of sex-based discrimination and are also prohibited by Carl Sandburg College as well as federal law whether sexually based or not and include dating violence, domestic violence, and stalking. Because you are reporting a possible form of sex-based discrimination, Carl Sandburg College wants to inform you of our policy and procedures that address sexual assault, domestic violence, dating violence, and stalking, whether the incident occurs on or off campus as well as your rights and Carl Sandburg College’s responsibilities.

As a complainant of sexual assault, dating violence, domestic violence or stalking, you can receive a full copy of our institution’s policy. The POLICY has procedures in place that serve to be sensitive to those who report sexual assault, domestic violence, dating violence, and stalking. These procedures include our right to inform you of your right to file criminal charges as well as the availability of medical, counseling and support services. We also offer additional remedies to prevent contact between a complainant and an accused party, such as a temporary or permanent changes in academic, transportation and working conditions, if reasonably available. The policy also addresses possible sanctions and interim and/or long-term protective measures that Sandburg may impose following a report through the final determination of our discipline process. If you would like more information than is contained in this handout regarding any process or procedure, or if you’d like to make a report, ask questions about the POLICY, or need to request an accommodation to your working arrangements regardless of whether or not you chose to report the crime to law enforcement or Public Safety, contact the College’s Title IX Coordinator Rick Eddy at 309-341-5234 or in person in room E113 on the main Galesburg Campus.

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

  • Crime victims are treated with fairness and respect for their dignity and privacy throughout the criminal justice system and to increase the effectiveness of the criminal justice system by affording certain basic rights and considerations to the witnesses of violent crime who are essential to prosecution, http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1970&ChapterID=54
  • Carl Sandburg College Department of Public Safety complies with Illinois law in recognizing orders of protection and will honor orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil or tribal court. Please bring a copy of the order to the Department of Public Safety on the Galesburg campus in D209. On the Bushnell and Carthage locations, please contact the Student Services office.
     

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

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

A complainant may then meet with Public Safety to develop a Safety Action Plan, which is a plan for campus police and the victim to reduce risk of harm while on campus or coming and going from campus. This plan may include, but in not limited to: escorts, special parking arrangements, providing a temporary cellphone, changing classroom location or allowing a student to complete assignments from home, etc. Protection from abuse orders may be available through your local courthouse starting with the circuit clerk’s office. Please contact the Carl Sandburg College’s Department of Public Safety for further help.

To the extent of the victim’s cooperation and consent, college offices, including the Office of Student Success and it’s counselors and advisors will work cooperatively to ensure that the complainant's health, physical safety, work and academic status are protected, pending the outcome of a formal university investigation of the complaint. For example, if reasonably available, a complainant may be offered changes to academic or working situations in addition to counseling, health services and assistance in notifying appropriate local law enforcement. Additionally, personal identifiable information about the victim will be treated as confidential and only shared with persons with a specific need to know who are investigating/adjudicating the complaint or delivering resources or support services to the complainant.  The College does not publish the name of crime victims nor house identifiable information regarding victims in the campus police departments daily crime log or online. Victims may request that directory information on file be removed from public sources by request of the Director of Public Safety.

Male Victims

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

How to file a report

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

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

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

Reporting options

Electronically: You may report an act of sexual violence electronically by filling out this form: Report Form

Third party: A third party or bystander may report acts of sexual violence to Sandburg’s Department of Public Safety, electronically by filling out this Report Form, or by contacting any of the departments listed below.

In person: Victims, third parties and bystanders can make a report of sexual violence and violations to Sandburg’s policy in person to any of the staff or departments listed in the CSA contacts section.

Online Report Form
CSA Contacts

Sandburg employees that are considered Campus Security Authorities (CSA) are individuals that are required to report allegations of sexual assault and violations to Sandburg’s policy against sexual violence. These individuals may ensure the privacy of the victim and can keep the victim’s name and personal information confidential. Communications between the victim and the CSA may also remain confidential.

CSA contacts

Sandburg's response to a report of sexual violence

The College’s Director of Public Safety who is notified of a complaint which is made pursuant to this policy shall promptly and thoroughly undertake or authorize an investigation. Other authorized investigators include the College’s EEO Officer(s), Vice President of Student Services or by any other person(s) designated by the College. The standard of evidence required is a preponderance of evidence generally used in civil courts. The preponderance of evidence standard means, based on whatever evidence is garnered, there is more likelihood that the crime was committed than not. Investigators will be trained annually on sexual assault and other intimate partner violence issues and the preponderance of evidence standard.

The Director of Public Safety or designee will conduct a prompt, fair and impartial investigation and resolution. Both the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice.

If the allegations are founded as a result of the investigation, the College will take remedial action against the accused and prevent recurrence. Both the accuser and accused will be informed in writing of:

  • the outcome of any institutional disciplinary proceeding that arises from an allegation of sexual assault
  • the procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding
  • any change to the results that occurs prior to the time that such results become final
  • when such results become final

The College will keep complaints and the terms of their resolution confidential to the extent possible given the need to investigate. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances. The College is required by law to comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. The College will comply with the reporting requirements of this law without including identifying information about the victim to the extent permissible by law.

Academic Assistance

The Sandburg Advising/Counseling Services will assist victims in changing their academic situation (class schedule), on campus work and transportation situations after a sexual assault incident, if requested by the victim and if the accommodations are reasonably available. Carl Sandburg College does not maintain on-campus student housing facilities or residence halls.

Possible Sanctions 

Sexual assault is a violation of federal, state and local law and the policy of Sandburg. Therefore, criminal sanctions by the criminal justice system and administrative sanctions by the College may be imposed upon the accused if it is found that the accused perpetrated the offense. Disciplinary proceedings by the Vice President for Student Services will determine what, if any, administrative sanctions are imposed by the college upon students charged with violating the Student Conduct Code. Administrative sanctions may include: disciplinary reprimand, probation, social probation, suspension, expulsion, assessment for restitution, separations or restrictions.

How to obtain an order of protection

Carl Sandburg College Department of Public Safety will honor orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil or tribal court. Please bring a copy of the order to the Department of Public Safety on the Galesburg campus in D209. On the Bushnell and Carthage locations, please contact the Student Services office.

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

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

Victim assistance agencies

Victims are encouraged to report a sexual assault to the Sandburg Department of Public Safety. However, if the victim does not want to file a report, there are resources available, which include:

Sandburg Counseling Services: Galesburg campus E100 309.341.5237 Bushnell campus 309.772.2177 Carthage campus 217.357.3129 ext. 7247

Bridgeway Inc.: 2323 Windish Dr. Galesburg, IL 61401 309.344.2323

Advanced Behavioral Health: 2101 Windish Dr. Galesburg, IL 61401 309.342.6852

Galesburg Public Library: Provides material for dealing with abuse, including books and
legal resources. Free Internet access is available. 309.343.6118.

Knox County Child Advocacy: Child Advocacy Center- Providing services to child victims of sexual abuse and serious physical abuse cases in Knox, Warren and Henderson Counties. 309.344.8416.

Knox County State’s Attorney Victim Advocate: Provides emotional support, court advocacy, service referrals, case status updates and scheduling info for victims or survivors of violent crimes once the criminal case has been filed. 309.345.3886.

Safe Harbor Family Crisis Center 24-Hour Crisis Line: Provides confidential help to individuals who are experiencing violence in their relationships through court advocacy, a 24 hour crisis line, emergency safe house, counseling, food and clothing and referral services. Walk-ins welcome. 1188 W. Main St., Galesburg. 309.343.SAFE (7233).

Victim Services 24-Hour Crisis Line: All services are free and confidential. Services in Knox County are for sexual abuse/assault survivors only. Crisis intervention, legal advocacy and follow-up counseling services. www.wirpc.org/victimservices. 309.837.5555

Hancock County Mental Health: 357-3176 www.mhcwi.org (Carthage)

WIRC-CAA Victim Services: 837-3941 Crisis line: 309.837.555 (Macomb)

Local Hospitals

Galesburg Medical Facilities                                                        
Galesburg Cottage Hospital
695 N Kellogg St
Galesburg, IL 61401
309.343.8131                                         

OSF St Mary Medical Center
3333 N Seminary St
Galesburg, IL 61401
309.344.3161

OSF Holy Family Medical Center
1000 W Harlem Ave
Monmouth, IL 61462
309.734.3141

McDonough District Hospital
525 East Grant St
Macomb, IL 61455
309.833.4101

Memorial Hospital
1454 North County Road 2050
Carthage, IL 62321
217-357-8500

Tips to reduce your risk

No victim is ever to blame for being assaulted or abused. Unfortunately, a person who is the victim of sexual or dating violence is more likely to be re-victimized. Below are some tips to help reduce your risk, to recognize warnings signs of abusive behavior and how to avoid potential attacks.
 

Warning Signs of Abusive Behavior

Domestic and dating abuse often escalates from threats and verbal abuse to violence.  And, while physical injury may be the most obvious danger, the emotional and psychological consequences of domestic and dating violence are also severe.  Warning signs of dating and domestic violence include:

  1. Being afraid of your partner.
  2. Constantly watching what you say to avoid a “blow up.”
  3. Feelings of low self-worth and helplessness about your relationship.
  4. Feeling isolated from family or friends because of your relationship.
  5. Hiding bruises or other injuries from family or friends.
  6. Being prevented from working, studying, going home, and/or using technology (including your cell phone.)
  7. Being monitored by your partner at home, work or school.
  8. Being forced to do things you don’t want to do.
Help Reduce Your Risk and Avoid Potential Attacks

If you are being abused or suspect that someone you know is being abused, speak up or intervene.

  1. Get help by contacting a counselor in Student Services for support services.
  2. Learn how to look for “red flags” in relationships so you can learn to avoid some of those characteristics in future partners.
  3. Consider making a report to the Department of Public Safety and/or the Title IX Coordinator and ask for a “no contact” directive to prevent future contact.
  4. Consider getting a legal protective order or stay away order.
  5. Learn more about what behaviors constitute dating and domestic violence, understand it is not your fault, and talk with friends and family members about ways you can be supported.
  6. Trust your instincts—if something doesn't feel right in a relationship, speak up or end it.
Sexual Assault Prevention (From RAINN)
  • Be aware of rape drugs
  • Try not to leave your drink unattended
  • Only drink from un-opened containers or from drinks you have watched being made and poured
  • Avoid group drinks like punch bowls
  • Cover your drink. It is easy to slip in a small pill even while you are holding your drink. Hold a cup with your hand over the top, or choose drinks that are contained in a bottle and keep your thumb over the nozzle
  • If you feel extremely tired or drunk for no apparent reason, you may have been drugged. Find your friends and ask them to leave with you as soon as possible
  • If you suspect you have been drugged, go to a hospital and ask to be tested
  • Keep track of how many drinks you have had
  • Try to come and leave with a group of people you trust
  • Avoid giving out your personal information (phone number, where you live, etc.). If someone asks for your number, take his/her number instead of giving out yours 
  • Make sure your cell phone is easily accessible and fully charged
  • Be familiar with where emergency phones are installed on the campus
  • Be aware of open buildings where you can use a phone
  • Keep some change accessible just in case you need to use a pay phone
  • Take major, public paths rather than less populated shortcuts
  • Avoid dimly lit places and talk to the Department of Public Safety if lights need to be installed in an area
  • Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone
  • Carry a noisemaker (like a whistle) on your enchain
  • Carry a small flashlight on your enchain
  • If walking feels unsafe, call the Department of Public Safety for an escort
Sexual harassment in Higher Education is illegal

The Illinois Human Rights Act (“Act”) prohibits sexual harassment in institutions of higher education. The Act specifically prohibits unwelcome advances or conduct of a sexual nature, and requests for sexual favors of students by an executive, faculty member, administrative staff member, or teaching assistant. Institutions of higher education include public or private universities, colleges, community colleges, junior colleges, business schools, and vocational schools.
 

Examples of Sexual Harassment in Higher Education
  • Prohibited behavior includes interfering with the student’s performance or creating an intimidating, hostile or offensive environment, such as: a professor who continually makes jokes of a sexual nature in the classroom;
  • a registration advisor who tells a student he or she might be able to get into a class if the student dates the advisor;
  • an admissions officer who tells a prospective student that the advisor will put in a “good word” for the prospective student if he or she dates the advisor; or 4) a financial assistance advisor who tells a student that “if you have sex with me, I can look out for scholarships for you” or 5) a teaching assistant who promises a student a better grade if the student does not resist any inappropriate touching or sexual advances.
 Protection Against Retaliation
  • The Human Rights Act also prohibits retaliation against a student for: opposing sexual harassment in higher education;
  • for participating in an investigation (internal or external) of sexual harassment in higher education; or
  • for filing a charge.
What to D

Any student who believes he or she is being subjected to sexual harassment or retaliated against should report the incident(s) to:

  • If the sexual conduct is criminal in nature, students should report the incident to the local law enforcement agency. The student may also contact the Illinois Department of Human Rights for further information or to file a charge by: Calling the Department at 312-814-6200 (Chicago) or 217-785-5100 (Springfield), 866-740-3953 (TTY); or by
  • Visiting the Department’s website at www.state.il.us/dhr for information about the charge process
  • Contact Rick Eddy, Title IX Coordinator at 309.341.5234 or reddy@sandburg.edu

Any charge alleging sexual harassment in higher education must be filed within 180 days of the alleged incident(s). Complaint forms are available on the Department’s website at the following link: www.state.il.us/dhr The Department may be reached at:

 

CHICAGO OFFICE SPRINGFIELD OFFICE MARION OFFICE
100 W. Randolph Street
10th Floor Intake Unit Chicago, IL 60601
(312) 814-6200
(866) 740-3953 (TTY)
222 South College Room 101-A Intake Unit Springfield, IL 62704
(217) 785-5100
(866) 740-3953 (TTY)
2309 West Main Street Suite 112 Intake Unit Marion, IL 62959
(618) 993-7463
(866) 740-3953 (TTY)

 

The charge process may be initiated by completing the form at: http://www.illinois.gov/dhr/FilingaCharge/Documents/CIS_SXH.PDF

(775 ILCS 5/) Illinois Human Rights Act

  • Sexual Harassment