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Sexual Conduct Policy

MacMurray College prohibits all forms of sexual violence. All reports of these violations will be investigated regardless of whether the alleged incidents occurred on or off campus. The College affirms the view that sexual misconduct and sexual assault within the academic community is a threat to academic freedom. MacMurray College is a residential community that aims to enrich the lives of its members through learning, achievement, and service. For this goal to be possible, all community members must engage in responsible conduct that assures the rights and welfare of others. The MacMurray community will not tolerate violation of another person's rights through sexual misconduct or sexual assault. All reports of sexual misconduct and sexual assault will be investigated. Not only may such actions be subject to the following policies, but they may also be punishable by civil and criminal legal action. College disciplinary processes are not dependent on the filing or outcome of criminal or civil proceedings.

The Campus Security Enhancement Task Force is a campus-wide effort to work toward the prevention of sexual violence, domestic violence, dating violence, and stalking; to ensure coordinated responses for law enforcement and victim services; and work toward improving coordination between community leaders and service providers. The task force shall meet once each semester to discuss and improve best practices, policies, and procedures, as well as collaboration and information-sharing among stakeholders.

Sexual Assault Educational Programming and Resources

MacMurray College is committed to sexual assault prevention and ongoing awareness regarding sexual harassment and sexual assault. Intentional programming in both fall and spring semesters are planned and promoted for the benefit of all students, faculty, and staff members. Programs will include but are not limited to

Violations

Sexual Misconduct is defined as any intentional or knowing touching or fondling directly or through clothing of the sex organs, buttocks, or breasts of either person for the purpose of sexual gratification or arousal of either person in which the victim does not give or is unable to give consent.

Sexual Assault occurs when the accused commits sexual penetration, ever so slight, and any of the following conditions exist: force or threat of force, perpetrator knowing the victim does not understand the nature of the act, or victim is incapable of giving consent.

Sexual Harassment is defined as an attempt to coerce a person into a sexual relationship, to subject a person to unwanted sexual attention, to punish a refusal to comply, or to create a sexually intimidating, hostile, or offensive working or educational environment.

MacMurray College will not condone or tolerate any threat to the institution's educational or work climate because of sexual harassment. Such behaviors are particularly reprehensible between students and faculty/staff because of the trust and dependence implicit in the academic setting. Sexual harassment among or between students, among and between staff and faculty, and among and between students, staff, and faculty is regarded as unethical, unprofessional, and unacceptable. In all situations, power and authority implicit in the various academic and institutional relationships are not to be abused and/or exploited by any form of sexual harassment. Interpretation of this general definition of harassment will be with reference to societal standards of acceptable behavior, academic freedom, and freedom of expression.

Domestic Violence is defined as a felony or misdemeanor crime of violence committed by

Dating Violence is defined as violence committed by

Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to

What Is Consent?

Consent is a voluntary agreement to the act of sexual conduct or sexual penetration. A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct. Those who want to engage in a specific sexual activity must understand that any sexual behavior must be acceptable to both parties. A previous or current sexual relationship or even silence may not be taken to imply consent, nor can the mode of dress, going out on a date, or presence in a room. Furthermore, consent to sexual activity may be withdrawn at any time during the encounter.

Effective consent

What to do following Sexual Misconduct or Sexual Assault?

There are numerous options for a person after sexual violence. MacMurray College urges all victims to seek appropriate resources to assist with the process following sexual misconduct or sexual assault. A victim has the right to choose or not choose any resources outlined below.

Legal

An individual who has been sexually assaulted has the option to notify law enforcement in order to pursue criminal prosecution and or civil litigation. A police report and investigation will be made prior to criminal prosecution by the local District Attorney's Office. This legal process is a separate process than that of the College's process for investigating reports of sexual misconduct or sexual assault.

Medical Care

An individual who has been sexually assaulted is advised to seek appropriate medical care as soon as possible. For life-threatening conditions, call 911. For less serious injuries and evaluation for sexually transmitted diseases and pregnancy, students should seek appropriate medical care.

Medical-Legal Evidence Collection

An individual who has been sexual assaulted is also encouraged to obtain a collection of medical-legal evidence. This collection of evidence is essential should a person decide to pursue criminal or civil legal action. Federal law provides free medical-legal examinations for sexual assault. Students should seek medical care for collection of such evidence.

Counseling

An individual who has suffered sexual misconduct or sexual violence is also encouraged to seek counseling and support. The process following sexual violence is difficult and talking about ways to cope and heal can support the process.

Medical Care

Pregnancy Testing

Sexually Transmitted Disease Testing

Counseling and Advocacy

Legal Assistance

Reporting Sexual Harassment to MacMurray College

MacMurray College is seriously committed to a safe and hospitable environment that fosters learning. Sexual misconduct and sexual assault are a direct threat to this condition for learning. Whether the victim is a student or not, MacMurray College's policies may apply if the individual accused of sexual misconduct or sexual assault is a MacMurray student. In addition, MacMurray's policies may also be activated if the behavior in question occurs on or off MacMurray's campus, whether or not classes are in session, or an individual is fully matriculated. The reason for this broader interpretation of circumstances and conditions is that sexual misconduct and sexual assault by a MacMurray student will be considered a potential threat to the entire MacMurray community no matter when and where it occurs.

Individuals who are not MacMurray students who engage in sexual misconduct or sexual assault while on MacMurray College's campus should be reported to the Dean of Student Life and may be banned from campus.

In order to encourage the reporting of incidents of sexual misconduct or sexual assault to College authorities, individuals making the report may be protected from infractions of other College policies such as underage drinking, etc. Although the College still considers such infractions to be serious, policies and procedures for sexual misconduct charges would take precedence. The College must act to protect all members of its educational and residential community.

Anyone who wishes to make an anonymous report of sexual assault or other campus crimes may do so by filling out the Anonymous Report Form for Sexual Assault and Misconduct. This form may be obtained in the Office of Student Life or online. The form may be dropped off in the Student Life office or at one of the black drop boxes which are located in the Campus Center, first floor by the water fountain; the Athletics hallway in the Education Complex; and the Putnam/Springer Center lobby by room 114. You may also mail this form to the following address:

Office of the Dean of Student Life
MacMurray College
447 East College Avenue
Jacksonville, IL 62650

Reports received electronically will receive a response from the Dean of Student Life or the Title IX Coordinator as quickly as possible or within 12 hours.

Title IX Office

The Title IX office is located in Jenkins Education Complex, first floor, room 109. The telephome number is 217-479-7156.

The Title IX Coordinator will be notified of any report of sexual harassment. The Title IX Coordinator will be included in the investigative process to help ensure proper investigative procedures and the safety of all parties involved.

Reporting Stalking, Dating Violence or Domestic Violence to MacMurray College

Engaging in Stalking, Dating Violence, or Domestic Violence violates MacMurray's Student Code of Conduct. Allegations that a MacMurray student has engaged in any of this behavior are to be reported to the Dean of Student Life and are subjected to the Disciplinary Procedures set out in The Maggie. Allegations of more serious sexual misconduct by MacMurray students will not be subject to the College's ordinary disciplinary procedures but to the disciplinary process set forth in the Sexual Conduct Policy; and the Title IX Coordinator will be notified.

Reporting Sexual Misconduct and Sexual Assault to MacMurray College

A member of MacMurray College community who has suffered the act of sexual misconduct or sexual assault is encouraged to make an official report to the Dean of Student Life or the Title IX Coordinator. The Dean of Student Life and the Title IX Coordinator are trained in general matters of investigation and in the subject area of sexual violence.

The process of making a report is outlined below.

  1. The victim (referred to from this point as the Complainant) will contact the Dean of Student Life and/or the Title IX Coordinator. All complaints will receive prompt responses. All reports must be filed prior to the perpetrator's degree conferral.
  2. The Complainant, the Dean of Student Life, and/or the Title IX Coordinator will meet to discuss all options for the student, including the process of judicial proceedings, and all potential outcomes. The Dean of Student Life or the Title IX Coordinator will also explain the rights of the Complainant, including confidentiality and the limits to confidentiality during the reporting and adjudication process. In cases where there may be a potential conflict of interest as determined by the Dean of Student Life and the Title IX Coordinator, one or the other may lead the investigation or appoint a designated college official to lead the investigation.
  3. The victim will be given access to trained confidential advisors provided through the Prairie Center Against Sexual Assault in Jacksonville, IL. Counseling services will be provided by MacMurray College through the Park Place Center in Jacksonville, IL. Referrals to other agencies will be made as needed.
  4. Information will be given on how to preserve evidence of the crime.
  5. When proceeding, the Complainant will make a recorded verbal and written statement of the Complainant's account of the incident.
  6. The Complainant, Dean of Student Life, and/or the Title IX Coordinator will then review the Sexual Misconduct and Sexual Assault Policy in The Maggie together to decide what policies have been violated by the perpetrator (referred to from this point as the Respondent).
  7. The Dean of Student Life will review medical, legal, and counseling options for the Complainant. The Dean of Student Life may request to include the Health Services Coordinator in referrals for medical and health agencies. The Dean of Student Life will also answer any of the student's questions regarding confidentiality, contact with the Respondent, retaliation, etc.
  8. The Dean of Student Life will then set up a separate meeting with the Respondent.
  9. The Respondent, Dean of Student Life, and the Title IX Coordinator will meet to discuss all options for the student, including the process of judicial proceedings and all potential outcomes. The Dean of Student Life will also explain the rights of the Respondent, including confidentiality and the limits to confidentiality during the reporting and adjudication process.
  10. The Respondent will make a recorded verbal and written statement of the respondent's version of the incident.
  11. At this point, the Respondent may choose to admit to the infraction and accept a sanction without a hearing.
  12. Otherwise, the Dean of Student Life will investigate the report including contacting and gathering information from any noted witnesses to the event. The Title IX Coordinator will be included in the investigative process to help ensure the safety of all parties involved.
  13. The Dean of Student Life will compile all investigation statements and reports and forward copies to the Complainant, the Respondent, the Title IX Coordinator, and the Alternate Judicial Board for sexual misconduct and sexual assault violation hearings.

The Student Conduct Officer may use local police recorded or written statements in lieu of the statement process outlined above.

How does the Alternate Judicial Board hearing process work?

Upon receipt of a written statement describing the nature of a complaint of sexual misconduct or sexual assault from a student (the Complainant) against another student (the Respondent), a specialized committee shall be convened to investigate the complaint. This ad hoc committee, the Alternate Judicial Board, shall consist of the Dean of Student Life, one female tenured faculty member, one male tenured faculty member, one female student, one male student, and the Title IX Coordinator. The Dean of Student Life will endeavor to select committee members who are not biased, do not have a conflict of interest in the case, and are not well-known to the impacted student parties. The Title IX Coordinator will review the committee selection. The Alternate Judicial Board (referred to from this point as the Reviewers) will be trained in general matters of investigation and in the subject area of sexual violence.

The involved student parties may request that any adjudicator be removed from the board due to conflict of interest. This request must be submitted as a one-page paper arguing for the preferred board format for the adjudication process. In cases where a conflict of interest exists, the appointed board member must recuse themselves from further participation in the adjudication of the case. The Dean of Student Life will make the final decision if the request warrants a change to the board composition based on the belief that a board member will not be able to provide an unbiased decision. If the request for recusal is for the Dean of Student Life, then the Title IX Coordinator will choose a replacement for the board.

Once the Alternate Judicial Board is established, a hearing date and time will be established within 5-10 business days. The Investigation File will be made available in the Dean of Student Life's office for review. All reviewers are required to sign the Confidentiality Statement. The materials will not leave the Dean's office.

The hearing process is a non-confrontational hearing. The Complainant and Respondent are held in separate rooms and will be called to meet with the Reviewers individually for questioning purposes. The impacted student parties do not have direct interaction. The involved Complainant may request a direct confrontational hearing in which the process is adapted to in-person testimony and questioning format following the below procedures.

  1. The Complainant and their key witnesses will be convened in a room or office in the Student Life Office, and the Respondent and their key witnesses will be convened in another room or office in the Student Life Office. Both the Complainant and the Respondent will be permitted to have their advisor present with them during the hearing. Advisors may not address the Reviewers, question the witnesses, or interrupt the proceedings at any time. The College reserves the right to have legal counsel present at any meetings held during which an attorney is present to represent the student. If legal counsel is requested by the student, adequate notice must be given to the Dean of Student Life so that an acceptable meeting time can be arranged for the College's legal counsel to be present. College disciplinary proceedings or hearings are not legal proceedings; therefore, legal counsel may not speak to the Reviewers or question witnesses during the hearing. Advisors and legal counsel may speak to their advisee only if needed to help clarify questions or assist the student during the process.
  2. The Reviewers will convene to review and consider the investigation file. The Dean of Student Life will read the procedures as explained the Sexual Conduct Policy.
  3. The Dean of Student Life will speak with the Complainant, witnesses, and advisor about the order of the proceeding. The role of each participant will be reviewed. The Dean of Student Life will then speak with the Respondent, witnesses, and advisor about the order of the proceeding. The role of each participant will be reviewed.
  4. The Dean of Student Life reserves the right to halt the proceedings if procedure is not being followed. The Dean of Student Life reserves the right to dismiss any participant including the Complainant, Respondent, witnesses, advisors, or Reviewer at any point in the proceeding if procedures are not followed. If the proceedings are halted another date and time will be set to re-convene the hearing.
  5. The hearing will be recorded and written transcripts of the hearing will be produced within 48 hours of the hearing.
  6. The Reviewers will meet with the Complainant first. The Complainant will give testimony to the report. The Reviewers will then ask any questions of the Complainant. The Reviewers will then read the statements from the Respondent and their witnesses. The Complainant will then have an opportunity to write down questions they wish to be asked of the Respondent and their witnesses. Following this questioning period the Complainant will return to his/her waiting room. The Reviewers will call in the Complainant's witnesses individually, who will make their statements and be questioned by the Reviewers. The witnesses will then return to their waiting room.
  7. The Reviewers will meet with the Respondent. The Respondent will give testimony to the report. The Reviewers will ask any questions they may have as well as the questions submitted from the Complainant. The Reviewers will then read the statements by the Complainant and their witnesses. The Respondent will then have an opportunity to write down questions they wish to be asked of the Complainant and their witnesses. Following this questioning period the Respondent will return to his or her waiting room. The Reviewers will call in the Respondant's witnesses individually, who will make their statements and be questioned by the Reviewers. The witnesses will then return to their waiting room.
  8. The Reviewers will meet again with the Complainant and ask any follow up questions including the questions of the Respondent. The Reviewers may call in witnesses again if needed. The Complainant will be given one last opportunity to ask any questions of the Respondent in writing. The Complainant and their witnesses will then be permitted to leave the Student Life Office.
  9. The Reviewers will then meet with the Respondent and provide the answers to their questions and allow them to give any rebuttal statements. The Respondent and their witnesses will then be permitted to leave the Student Life Office.
  10. The Reviewers will then convene with the Dean of Student Life to discuss the Investigation File and ask any questions regarding the report. After this session the Dean of Student Life will exit the Student Life Conference Room. The Title IX Coordinator will remain with the Reviewers.
  11. The Reviewers will then convene to discuss the case. The reviewers will issue a decision on all major issues of the concern following the Preponderance of Evidence Standard. A Preponderance of Evidence Standard is defined as enough evidence to make it more likely than not that the fact that Claimant seeks to prove is true. This decision will be based on majority rule. When a Reviewer is not in agreement, that will be noted in the Finding Document.
  12. The Reviewers will make a formal decision and will present a written summary, including reasoning of its conclusion and recommendations for sanctions, to the President of the College within 48 hours of the hearing; a copy will be submitted to the Dean of Student Life.
  13. The Dean of Student Life will produce written transcripts of the hearing and submit the transcripts to the President within 48 hours of the hearing.
  14. The President will review the transcripts and submitted documents and review the recommended sanctions. Approval or disapproval of the sanctions will be decided by the President within 24 hours of receiving the Reviewers written summary. The President reserves the right to add, delete, or adjust any sanctions. Once the sanction(s) has been approved by the President, the Dean of Student Life will write the decision and sanctioning letter, which will be provided to the Complainant and Respondent within 5 business days of the hearing.
  15. If the student disagrees with the decision or sanction(s), the student may appeal, in writing, to the President within 5 business days of the date the student received the decision and sanctioning letter.

The President, the Dean of Student Life, or the Alternate Judicial Board may adjust the time periods set forth in this policy, if circumstances suggest the advisability of doing so. Such circumstance may include, but are not limited to, vacation periods of the College and legitimate unavailability of any needed persons. In the event that any board member is unavailable, the Dean of Student Life may designate a replacement for the purpose of proceeding with the provisions of this policy in a timely manner. It should be noted that the President of the College or Dean of Student Life reserves the right to ban a student from the residence halls, or suspend or expel a student for cause at any time.

How do I appeal an Alternate Judicial Board decision?

Both the Complainant and Respondent may provide a written appeal to the conclusions and/or recommendations of the Alternate Judicial Board to the President no later than 5 business days after the conclusion has been provided to all parties. The Complainant and Respondent both have rights to a copy of the recorded hearing and or written transcripts for use in writing an appeal. Both student parties have the right to meet with the President to discuss any appeal prior to the issuance of a final decision. The review of appeals will consider the following:

If the President finds there was an error in the decision, then the President will issue the final decision based on the appeal information.

Confidentiality of Information

Confidentiality, in regard to the reported Complainant and Respondent, will be respected as much as possible when any sexual misconduct or sexual assault charges have been reported. MacMurray College will make reasonable efforts to protect the privacy of the Complainant and the Respondent and preserve all confidential information. However, due to laws related to reporting at the State and Federal level, the College cannot guarantee confidentiality unless reports are privileged communications. Individuals sharing information should request confidentiality. College personnel and professionals being consulted should make clear the limitations of confidentiality before any disclosure of facts.

The Clery Act requires disclosure of on-campus sexual assaults for statistical purposes. These reports are tabulated and published annually with sexual assault and other crime statistics. These reports do not include individual identities or personal identifiers.

Retaliation

Any form of retaliation against any individual involved with the reporting of sexual misconduct or sexual assault is forbidden by this policy. Retaliation should be reported promptly to the Dean of Student Life.

Complainant's Rights

  1. To meet privately, at a place of your choice to take the complaint report.
  2. To talk with a female or male staff member at your request.
  3. To receive a verbal explanation of your rights and a written copy of your rights.
  4. To receive written copies of the following:
    • the initial report filed with the Dean of Student Life;
    • Witness Statements;
    • the Investigator's Summary Report;
    • the Reviewer's Findings and Sanction;
    • any appeal filed by the Respondent;
    • any correspondence regarding an appeal;
    • the President's final decision.
  5. To be treated with courtesy, sensitivity, dignity, understanding, professionalism, and confidentiality, regardless of your gender or the gender of the Respondent.
  6. To have the safeguards and limitations of confidentiality explained fully to you.
  7. To have your questions answered and receive explanations of the system and process involved.
  8. To have a list of resources for any medical, legal, or counseling needs.
  9. To have assistance in arranging for any hospital treatment or other medical needs.
  10. To have assistance in contacting available resources such as counselors, advisors, security officers, etc.
  11. To have your case fully investigated. In the event that law enforcement agents are involved, MacMurray will always cooperate. We will keep in touch with you throughout the process.
  12. To have an advisor with you throughout the disciplinary process. This individual may assist the Complainant in all interviews by communicating directly to the Complainant, although the advisor is not permitted to speak on behalf of the Complainant. The advisor may provide a written statement.
  13. To not have any prior sexual activity or general reputation of the Complainant discussed in a campus hearing.
  14. To refuse to engage in self-incrimination.
  15. To be offered reasonable protection from retaliation, intimidation, and/or harassment.
  16. To be informed of the outcome and sanction of any sexual misconduct or sexual assault.
  17. To be provided assistance with on-campus living, academic, transportation, or work arrangements even if the victim does not formally report. We will help you move to another on-campus location if you request it and if a room is reasonably available. We will refund the balance of your housing contract if you decide to move off campus and make other housing accommodations that are reasonably available.
  18. To assistance with academic accommodations, including taking an incomplete in a class; rescheduling class obligations, including papers and exams; moving class sections; and/or taking an academic under load.
  19. To be provided with assistance and information on obtaining orders of protection or no contact orders.
  20. The right to decline formally reporting to authorities.
  21. To appeal the decision of the hearing board.

Respondent's Rights

  1. To receive a verbal explanation of your rights and a written copy of your rights.
  2. To receive written copies of the following:
    • the initial report field with the Student Conduct Officer;
    • Witness Statements;
    • the Investigator's Summary Report;
    • the Reviewer's Findings and Sanction;
    • any appeal filed by the Complainant;
    • any correspondence regarding an appeal;
    • the President's final decision.
  3. To have fair and impartial consideration of the complaints lodged against you.
  4. To be treated with courtesy, sensitivity, dignity, understanding, professionalism, and confidentiality, regardless of your gender or the gender of the Complainant.
  5. To have reasonable notice of the charges, all campus rules and regulations, and of the time and place of the hearing.
  6. To have the safeguards and limitations of confidentiality explained fully to you.
  7. To have your questions answered and receive explanations of the system and process involved.
  8. To receive a resource list of local attorneys.
  9. To have an advisor with you throughout the disciplinary process. This individual may assist the Respondent in all interviews by communicating directly to the Respondent, although the advisor is not permitted to speak on behalf of the Respondent. The advisor may provide a written statement.
  10. To not have any prior sexual activity or general reputation of the Respondent discussed in a campus hearing.
  11. To refuse to engage in self-incrimination.
  12. To be offered reasonable protection from retaliation, intimidation, and/or harassment.
  13. To be informed of the outcome and sanction of any sexual misconduct or sexual assault.
  14. To appeal the decision of the hearing board.