Menu See our latest Coronavirus (COVID-19) Updates: Click Here Title IX Home Welcome Title IX Lincoln College Sexual Misconduct (Title IX) Policy and Procedures Statement of Purpose Lincoln College is committed to creating, fostering and maintaining an educational, employment, business and campus environment that is free of discrimination on the basis of sex, including sexual misconduct, as required by Title IX and other laws. Lincoln College does not tolerate discrimination on the basis of sex, sexual orientation, and gender identity or expression and is dedicated to prohibiting such conduct in all aspects of college life consistent with the College’s Mission Statement, Vision Statement, Values Statement and Strategic Plan as well as the provisions of Title IX of the Education Amendments of 1972 and all other applicable state and federal laws. Advisor: An advisor is an individual selected by the complainant or respondent to accompany and assist him/her throughout the College’s process. The advisor will not be permitted to speak for the complainant or respondent during the investigation process, but will be required to do cross-examination in a live hearing, if such hearing is determined necessary. Consent: According to Illinois Law, consent is a freely given agreement to the act of sexual penetration or sexual conduct in question. The lack of verbal or physical resistance or submission by the victim resulting from the use of force or by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent. A person who initially consents to sexual penetration or sexual conduct is not deemed to have consent 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. Consent: According to Lincoln College is as follows: Consent is unambiguous, clear, knowing, and voluntary approval given by mutually understandable words or demonstrated actions to engage in sexual activity. Consent is an informed decision made freely and actively by all parties. Relying solely upon nonverbal communication can lead to miscommunication. It is important not to make assumptions; if confusion or ambiguity regarding the issue of consent arises anytime during a sexual interaction, it is essential that each participant stops and clarify, verbally, their willingness to continue. Students should understand that consent may not be inferred from silence, passivity, or lack of active resistance alone. Furthermore, a current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Conduct is considered “without consent” if no clear consent, verbal or nonverbal, is given. An individual is “unable to freely give consent” when the individual is incapacitated (arising, for example, from the use of alcohol or other drugs or when the individual is passed out, asleep, unconscious, or mentally or physically impaired). An individual is “unable to freely give consent” when the individual is coerced into sexual activity, such as for example, through the use of physical force, threat of physical or emotional harm, undue pressure, isolation, or confinement. Consent to some form of sexual activity does not necessarily imply consent to other forms of sexual activity. Mutually understandable consent must be obtained by the initiator at every stage of sexual interaction. The use of alcohol or other drugs can impair effective communication about consent to sexual activity and can hinder one’s ability to resist an assault and to pick up on cues that a situation may be dangerous. Alcohol or other drugs can also lower inhibitions and create an atmosphere of confusion over whether consent is freely and effectively given. Consent while under the influence of alcohol or drugs is not valid consent. The use of alcohol or drugs does not minimize a student’s responsibility for violations of the Sexual Misconduct Policy. In particular, it does not mitigate or nullify a charge of sexual assault or any other form of prohibited conduct. The use of alcohol or drugs does not, in and of itself, remove a student’s responsibility to communicate their feelings and ensure that any consent given is valid. Incapacitation: A state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (i.e. to understand the “who, what, when, where, why, or how” to their sexual interaction). Complainant: The complainant is an individual who is alleged to be the victim of conduct that could constitute sexual harassment. Reporting Party: The reporting party is any individual other than the complainant who reports an incident of sexual misconduct. Respondent: The respondent is the individual who has been reported to be the perpetrator of conduct that constitutes sexual misconduct. Sexual Misconduct: Sexual misconduct can occur both on and off campus and take many forms. The misconduct may be subtle and indirect or blatant and overt. Such misconduct can also occur in person or via electronic, print or other media. It may consist of repeated actions or may arise from a single incident if sufficiently severe. The complainant, as well as the respondent, may be male or female and the complainant does not have to be of the opposite sex of the respondent. Sexual Misconduct includes each of the specific types of conduct specifically noted in the Sexual Misconduct Policy Violations section below: Title IX: Title IX of the Education Amendments of 1972 (29USC 1681-1688) provides “No person in the United States, shall on the basis of sex be subject to discrimination under any educational program or activity receiving federal financial assistance.” Essentially, Title IX provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training or other educational program or activity operated by the College. Title IX also provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, or recruitment, consideration, or selection therefore, whether full-time or part-time, under any education program or activity operated by the College. The College acknowledges its obligations under Title IX and is committed to complying with all Title IX requirements. Sexual Misconduct Policy Violations: Dating Violence: Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where 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. Use of the term “sexual misconduct” throughout this policy includes dating violence. Domestic Violence: Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse, a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of jurisdiction. Use of the term “sexual misconduct” throughout this policy includes domestic violence. Non-Consensual Sexual Contact: Non-consensual sexual contact is defined as: any intentional sexual touching; however slight; with any object; by a person upon another person; that is without consent and/or by force. Sexual touching includes, but is not limited to, any bodily contact with breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner. Use of the term “sexual misconduct” throughout this policy includes non-consensual sexual contact. Non-consensual Sexual Intercourse: Non-consensual sexual intercourse is defined as: any sexual penetration or intercourse (anal, oral, or vaginal); however slight; with any object; by a person upon another person; that is without consent and/or by force. Sexual intercourse includes, but is not limited to, vaginal or anal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact. Use of the term “sexual misconduct” throughout this policy includes non-consensual sexual intercourse. Sexual Exploitation: Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for his/her own benefit or advantage, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include: Invasion of sexual privacy; Prostitution; Non-consensual video or audio-taping of sexual activity; Going beyond the boundaries of conscience, such as letting your friends hide in a closet to watch intercourse; Knowingly transmitting an STI or HIV to another individual. Use of the term “sexual misconduct” throughout this policy includes sexual exploitation. Sexual Harassment: Sexual harassment is a form of discrimination on the basis of sex. Sexual harassment is: unwelcome, gender based verbal or physical conduct of a sexual nature that is determined by a reasonable person to be so severe, pervasive, and objectively offensive that it, unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from his/her employment with the College or the College’s educational program and/or activities, and is based on power differential (quid pro quo/this for that), the creation of a hostile environment, or retaliation. Sexual harassment is unwelcomed conduct of a sexual nature. Unwelcomed conduct includes conduct that an individual did not solicit or incite and that the individual regarded as undesirable or offensive. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature when: Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status; Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting such individual; Such conduct has the purpose or effect of substantially interfering with an individual’s work or academic performance or creating an intimidating or hostile work or educational environment. In light of the power differential inherent in the relationship between faculty and students and between a supervisor and subordinate and the potential for either intentional or unintentional misuse of that professional power differential, the College strongly advises against dating, romantic, and/or sexual relationships between faculty and students, between staff and students, or between supervisors and subordinates. It should be noted that in such cases “consent” may not constitute a defense. Use of the term “sexual misconduct” throughout this policy includes sexual harassment. Stalking: Stalking refers to a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for his/her safety or the safety of others, or (b) suffer substantial emotional distress. Use of the term “sexual misconduct” throughout this policy includes stalking. Procedures Handling of Complaints Covered by this Policy The Title IX Coordinator is responsible for coordinating the College’s compliance with Title IX as well as other complaints brought concerning violations of this policy. The Title IX Coordinator’s responsibilities include overseeing, recording and cataloguing all the Title IX reports of sexual misconduct and identifying and addressing any patterns or systemic problems that arise during the review of such reports. To assist the Title IX Coordinator, the College has designated Title IX Deputy Coordinator’s, who are authorized to conduct investigations. The Title IX Coordinator will provide supportive services to the Deputy Coordinator’s and investigators in such aspects of the investigation process as deemed necessary and appropriate, including gathering documentation, disseminating information and assuring compliance with the procedures outlined in the policy. The College has designated the following individual as Title IX Coordinator: Kristen Robinson Director of Human Resources Harts Science – Lower Level Phone: 217-735-7224 Fax: 217-732-7395 Email: krobinson@lincolncollege.edu The College has designated the following individuals as Title IX Deputy Coordinator’s: Bridgett Thomas Dean of Students Student Affairs Office Phone: 217-735-7302 Fax: 217-735-5214 Email: bthomas@lincolncollege.edu The College has designated the following individual(s) as Title IX Investigators: Quentin Brackenridge Director of Residence Life Student Affairs Office Phone: 217-735-7299 Fax: 217-735-5214 Email: qbrackenridge@lincolncollege.edu Peggy Antoine Associate Director of Admissions Admissions Office Phone: 217-735-7250 Fax: 217-732-7715 Email: pantoine@lincolncollege.edu Tiffany Jones Academic Advisor Advising Office Phone: 217-735-7271 Email: tnjones@lincolncollege.edu The College has designated the following individual(s) as Title IX Hearing Decision Makers: Olivia Partlow Interim Director Lincoln Heritage Museum Office of Advancement Phone: 217-735-7254 Email: opartlow@lincolncollege.edu Tom McLaughlin Annual Giving Officer Office of Advancement Phone: 217-735-7210 Email: tmclaughlin@lincolncollege.edu Katherine Eickhoff Associate Professor and Lead Faculty for Theatre Office of Academic Affairs Phone: 217-735-7279 Email: keickhoff@lincolncollege.edu Steven Stowers Associate Professor of Mathematics Office of Academic Affairs Phone: 217-735-7323 Email: sstowers@lincolncollege.edu The College has designated the following individual(s) as Title IX Hearing Facilitators: The College has designated the following individual(s) as Title IX Advisors: Derrick Casey Library Director Phone: 217-735-7591 Email: dcasey@lincolncollege.edu Brian E. Peacher Director of Career Services Office of Academic Affairs Phone: 217-735-7361 Email: brian.peacher@lincolncollege.edu Teri Paterkiewicz Assistant Registrar Office of Academic Affairs Phone: 217-735-7337 Email: tpaterkiewicz@lincolncollege.edu Dr. Monica Overton Assistant Professor of Community and Human Services Office of Academic Affairs Phone: 217-735-7241 Email: moverton@lincolncollege.edu All students, faculty, staff and external individuals, who have concerns about discrimination on the basis of sex, Sexual Misconduct policy violations or requirements, including any concerns pertaining to sexual misconduct covered by this policy, are encouraged to seek the assistance of either the Title IX Coordinator or a Title IX Deputy Coordinator. The coordinator and deputy coordinators are knowledgeable about and will provide information on all options for addressing and resolving such reports or concerns. Those options may vary depending on the nature of the incident; whether the complainant is a student or employee; the wishes of the complainant regarding confidentiality; and whether the complainant prefers to proceed formally or informally. Together, the coordinators play an integral role in carrying out the College’s commitment to create, foster, and maintain an educational, employment, business and campus environment that is free of discrimination on the basis of sex. Reporting of Complaints Covered by this Policy Title IX Coordinator All students, faculty, staff, applicants, volunteers, vendors and agents are strongly encouraged to report any incidents of violations of this policy. Reports may be made orally or in writing to the Title IX Coordinator or a Title IX Deputy Coordinator. The Title IX Coordinator and Title IX Deputy Coordinator are exclusively designated as officials who have the authority to institute corrective measures on behalf of the institution. Reports may also be made to any employee, including Residence Hall Directors, of the College. Such personnel who receive reports of violations of this policy (excluding Confidential Contacts) are strongly encouraged, but not required to forward those reports to the Title IX Coordinator or Title IX Deputy Coordinator. Confidential Contact If you wish to report a violation of this policy but would like your information to remain confidential you may choose to report to the following individual listed below. This employee has a confidentiality privilege to protect your personal identification and will only make general reports for statistical purposes and pattern tracking, but will not divulge personally identifiable information. Please note that if you report to a Confidential Contact and request confidentiality, your information will not be shared with the Title IX Coordinator and an investigation will not be initiated. The College has designated the following as Confidential Contacts: Ken Krueger Coordinator of Counseling Services Lincoln College 300 Keokuk Street, Lincoln, IL 62656 Phone: 217-735-7293 Email: kkrueger@lincolncollege.edu Prairie Center Against Sexual Assault 24/7 Hotline: 217-753-8081 In addition to the foregoing, all faculty and staff who become aware of or suspect sexual abuse of a minor (under the age of 17) must report that information to the Title IX Coordinator or a Title IX Deputy Coordinator who shall then inform local, state and /or federal law enforcement officials of such incidents as required by law. Amnesty Policy The College will not pursue the conduct process for possible violations of the College’s Alcohol and Substance Abuse Policies against a student who reports an alleged violation of the College’s Title IX Policy when conduct that violates the College’s Alcohol and Substance Policies is revealed during the course of the student’s report, provided that such consumption did not or does not place the health or safety of any other person at risk or if the possible violation is otherwise egregious. Support Services Options of Reporting and Availability of Support In addition to reporting the matter to the Title IX Coordinator, Title IX Deputy Coordinator or a supervisor, persons may also need to address immediate physical and/or emotional trauma associated with the harassment or assault. Importantly, a victim should contact any of the following immediate care support providers: Emergency Call 911 Lincoln Police Department 217-732-2151 Lincoln Hospital 217-732-2161 Prairie Center Against Sexual Assault 24/7 Hotline 217-753-8081 Counseling Center – 217-735-7293 Health Services – 217-735-7340 LC Security – 217-737-4477 LC Security can also reach the Title IX Coordinator or Deputy Coordinator at this number 217-737-4477 Investigation In order for the institution to initiate the investigation process, the Title IX Coordinator or Deputy Coordinator must have actual knowledge of a formal complaint. Formal Complaint: A formal complaint is a document filed and signed physically or digitally by the complainant or signed by the Title IX Coordinator or Deputy Coordinator alleging sexual harassment against a respondent and requesting that the institution investigate the allegation of sexual harassment. At the time of the complaint, the complainant must be participating in or attempting to participate in the education program or activity of the institution with which the formal complaint is filed. • Preliminary Inquiry: Upon receipt of a report of a complaint covered by this policy, the Title IX Coordinator or the Deputy Coordinator shall evaluate the complaint to determine if it is covered by the Sexual Misconduct Policy. If the complaint is determined to be covered by the College’s Sexual Misconduct policy, the Title IX Coordinator or the Deputy Coordinator will send a notice to the respondent informing them of the allegation. The Title IX Coordinator or the Deputy Coordinator will inform both the complainant and respondent about: The option to have supportive measures implemented Their Title IX rights; Their grievance rights; Their right to an informal resolution process; Their right to file a criminal complaint, if applicable. The Title IX Coordinator shall provide the complainant and respondent with a copy of this policy and applicable grievance procedures identified herein. Additionally, the Title IX Coordinator or the Deputy Coordinator may make a preliminary, non-binding assessment of the information contained in the report, and any supplement to the report, to determine whether that information, if true, would pose an imminent threat of immediate harm to the complainant or others. If there is imminent threat of immediate harm, then consistent with the grievance procedures identified below, temporary measures may be imposed against the respondent to mitigate the threat during the pendency of the investigation. The need for such temporary measures will be reevaluated on a regular basis during the pendency of the investigation to ensure that need for such temporary measures remain present. Respondents will also be provided notice of the opportunity to challenge the decision immediately following the temporary measures imposed. The College may dismiss any formal complaint or allegations if at any time during the investigation, informal resolution, or live hearing: a complainant wishes to withdraw the formal complaint or allegations, 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. In the case of a dismissal, the Title IX Coordinator will promptly send written notice of the dismissal and reason(s) simultaneously to both parties. Supportive Measures: Supportive measures are offered whether a formal or informal complaint is made and are non-disciplinary and non-punitive. Supportive measures must be reasonably available and provided at no cost to the complainant and the respondent. Supportive measures may include counseling, extensions of deadlines or other course related adjustments, modifications of work or class schedules to avoid contact with the respondent or complainant, campus escort services, mutual restrictions of contact between the parties, changes in work or housing locations, leaves of absence, increased security or monitoring of certain areas of campus, and other similar measures. The implementation of supportive measures will remain as confidential as reasonably possible. • Investigation: Upon receipt of a report of a complaint covered by this policy, the assigned Title IX Investigator will conduct a prompt, thorough and impartial investigation of the incident consistent with the applicable grievance procedures identified below. Such investigations shall, barring exigent circumstance, be completed within thirty (30) calendar days. The complainant and respondent are both entitled to one advisor of his/her choosing to accompany and assist him/her throughout Lincoln College’s investigation process. The advisor can be a friend, parent, faculty mentor, attorney, or any person the complainant or respondent wishes. If a student wishes to have an advisor, but has not been able to identify one, then the Title IX Coordinator will assist the student in identifying an individual that can serve as the student’s advisor. During investigation proceedings, advisors are able to speak with the complainant/respondent when present during interviews, but they cannot speak for the complainant/respondent. Advisors may not interfere in any way with the progress of the investigation. In all investigations the Title IX Coordinator shall monitor compliance to ensure the parties are provided with a parity of protections. Additionally, all investigations shall utilize a preponderance of the evidence (more likely than not) standard in determining whether or not a violation of the Sexual Misconduct policy occurred. Prior to the completion of an investigative report, the investigator will provide each party and the party’s advisory, if any, all evidence collected and provide the parties 10 calendar days to submit a written response, which the investigator will consider prior to the completion of an investigative report. • Informal Resolution or Live Hearing: Both the complainant and the respondent have the option to proceed with either an informal resolution or a live hearing. Informal Resolution Process: Both parties can at any time prior to reaching a determination of responsibility, request an informal resolution process that does not involve a full investigation and adjudication process. If both parties give voluntary, written consent to an informal resolution process, the Title IX Coordinator or designee will facilitate the informal resolution process. Informal resolution processes are not available in cases involving an employee that has sexually harassed a student. Both parties have the right at any point during the informal resolution process prior to agreeing to a resolution to withdraw the request for the informal resolution and resume the grievance process with respect to the formal complaint. Live Hearing: If either party requests a live hearing, the investigator will complete the investigation report and at least 10 calendar days prior to the hearing, will provide the report to both parties and their advisors. At the request of either party the hearing can be held with each party in separate rooms and technology will be used to facilitate the hearing across rooms. At the hearing, each party must have an advisor present who will directly, orally and in real time be able to ask the other party and all witnesses all relevant questions and follow up questions, including those challenging credibility (cross-examination). All evidence will be provided at the live hearing for reference for each party and can be included in cross-examination. If either party does not have an advisor present at the hearing, the College will provide an advisor for the party. The decision maker at the hearing will determine whether a question asked by an advisor is relevant before it is answered by the party or witness. The decision maker will explain any decision to exclude a question. If a party or witness does not submit to cross examination at the hearing, the decision maker must not rely on any statement made by the party or witness in determining responsibility and must not draw an inference about the determination regarding responsibility based solely on the party or witness’s absence or refusal to submit to cross-examination. At the conclusion of the live hearing, the decision maker, using a preponderance of evidence as the standard of evidence, must issue a written determination of responsibility. The written determination must include identification of the allegations, all procedural steps taken from the receipt of the formal complaint, findings of face supporting determination, conclusions regarding the application of the College’s Sexual Misconduct policy to the facts, a statement of and rationale for the result of each allegation including determination of responsibility and related sanctions, any remedies provided to the complainant, and the College’s procedures and permissible bases for the complainant and respondent to appeal. The Title IX Coordinator shall provide the complainant and respondent with the written determination from the decision maker simultaneously within seven (7) business days of the live hearing. When allowed for by applicable State and Federal law the written determination delivered to the complainant will include any sanction(s) imposed upon the respondent. If resolution of the complaint is reached following the live hearing or informal resolution process, the investigating Deputy Coordinator or Title IX Coordinator will file the investigation report. Appeal of Dismissal or Determination: If a resolution is not reached or a formal complaint is dismissed and either party wishes to appeal the decision, the complainant or the respondent may appeal the decision to the Title IX Coordinator. The appeal must be made in writing within seven (7) calendar days of receipt of notification of dismissal or determination. If either party chooses to appeal the dismissal or determination pursuant to this policy procedure the appeal shall be conducted as follows: Appeals can have three grounds: That a procedural error or omission occurred that significantly impacted the outcome of the hearing Examples: The investigation and related actions did not correctly follow Lincoln College’s policies and procedures or there was substantial bias. To consider new evidence, unknown or unavailable during the original investigation and hearing or at the time the dismissal was made, that could substantially impact the outcome of the matter. A summary of this new evidence and its potential impact must be included in the appeal letter. Failure to participate at the time of the investigation cannot constitute an appeal on new evidence. That the Title IX Coordinator, investigator(s), or decision-maker(s) 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 there is an appeal, the Title IX Coordinator will call together the appeal committee consisting of: Three members from the campus community who have been trained on Lincoln College’s Sexual Misconduct Policy. The appeal committee members must be current staff or faculty of Lincoln College and cannot have been persons providing any information for the investigation, involved in the incident under investigation, the investigator(s), the decision-maker(s), or the Title IX Coordinator. None of the appeal committee members may be attorneys. If one party appeals the decision, the other party involved will be notified and will have seven (7) calendar days upon notification to respond to the submitted appeal in writing. Once the response is received or the seven (7) calendar days allowed for responding have expired, the appeal committee will then have seven (7) calendar days to meet, review all investigation evidence, notes, etc. and both the written appeal and written response to the appeal. After discussion of the information reviewed, the appeal committee will make a decision, by vote if necessary. The majority rules. The appeal committee may choose from the following decisions for the Title IX Coordinator to implement: To affirm the decision and actions taken by the Title IX Coordinator or the investigator(s) and decision-maker(s) and to direct implementation of the committee’s decision. To return the case to the investigator(s) with instructions for further investigation or return it to the decision-maker for reconsideration of particular issues and/or recommendation of different sanctions to be imposed. To return the dismissal to the Title IX Coordinator for reconsideration or assign a different individual to evaluate the complaint for dismissal if there is a conflict of interest with the Title IX Coordinator. To assign the case for further investigation by a different investigator(s) or to a different decision decision-maker(s) if there is a conflict of interest with the original investigator(s) or decision-maker(s). The appeal committee will issue a written decision describing the result of the appeal and the rationale for the result. The written decision will be provided to both parties simultaneously. After the appeal process is exhausted and the Title IX Coordinator directs implementation of the decision, the decision is final. If it is determined that a violation of the Sexual Misconduct policy did occur and the student that violated the Sexual Misconduct policy is an athlete, then the final decision and any sanctions will be shared with the Athletic Director. The Athletic Director may then determine that additional sanctions must be imposed on the athlete in accordance with the Student Athlete Handbook. Sanctioning Statement Not all violations of the Sexual Misconduct policy are equally serious offenses, and the College reserves the right to impose different sanctions, ranging from verbal warning to expulsion, depending on the severity of the offense. The College will consider the concerns and rights of both the complainant and the respondent. Additional Procedures or Considerations for Sexual Misconduct A person who believes he/she may have been the victim of sexual misconduct should understand that under some circumstances designated officers of the College to whom such incidents are reported, may be required by state or federal law or College policy to pursue a complaint by the process described above, even if the person making the allegation does not wish to do so. At any time during the mediation or investigation of complaints brought pursuant to this policy, a complainant or respondent may request that the College provide interim actions or supportive measures to relieve them from intimidating work, classroom, or living situation which relate specifically to the alleged policy violation. While any member of the College community who believes he or she has been the victim of sexual misconduct is strongly encouraged to use the procedures established by the College to make a complaint about such misconduct, such a person may also elect to make a complaint outside the College by initiating civil and/or criminal charges against the accused party or parties. A complainant has the right to contact the U.S. Department of Education’s Office of Civil Rights (OCR), Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) about filing a formal complaint regarding harassment or retaliation. An OCR and IDHR complaint must be filed within one hundred eighty (180) days of the alleged incident. A complaint with the EEOC must be filed within three hundred (300) days of the alleged incident. In addition, an appeal process is available through the Illinois Human Rights Commission (IHRC) after the IDHR has completed its investigation of the complaint. Additional Procedures or Considerations for Sexual Misconduct A person who believes he/she may have been the victim of sexual misconduct should understand that under some circumstances designated officers of the College to whom such incidents are reported, may be required by state or federal law or College policy to pursue a complaint by the process described above, even if the person making the allegation does not wish to do so. At any time during the mediation or investigation of complaints brought pursuant to this policy, a complainant or respondent may request that the College provide interim actions or supportive measures to relieve them from intimidating work, classroom, or living situation which relate specifically to the alleged policy violation. While any member of the College community who believes he or she has been the victim of sexual misconduct is strongly encouraged to use the procedures established by the College to make a complaint about such misconduct, such a person may also elect to make a complaint outside the College by initiating civil and/or criminal charges against the accused party or parties. A complainant has the right to contact the U.S. Department of Education’s Office of Civil Rights (OCR), Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) about filing a formal complaint regarding harassment or retaliation. An OCR and IDHR complaint must be filed within one hundred eighty (180) days of the alleged incident. A complaint with the EEOC must be filed within three hundred (300) days of the alleged incident. In addition, an appeal process is available through the Illinois Human Rights Commission (IHRC) after the IDHR has completed its investigation of the complaint. Administrative Contacts Office for Civil Rights (OCR) Sex Discrimination under Title IX Phone: 800-872-5327 Email: ocr@ed.gov Website: http:www.ed.gov/about/offices/list/ocr/complaintintro.html Illinois Department of Human Rights (IDHR) Sexual Harassment in Education Chicago: 312-814-6200 Chicago TTY: 866-740-3953 Springfield: 217-785-5100 Springfield TTY: 866-740-3953 Website: http://www2.illinois.gov/dhr/FilingaCharge Confidentiality A complainant may report or make a complaint pursuant to the policy, yet request confidentiality. If the complainant requests confidentiality or asks that the report not be pursued, the College will take all reasonable steps to investigate and respond to the report consistent with the request for confidentiality or request not to pursue the investigation – as long as doing so does not prevent the College from responding effectively to the complaint and preventing recurrence of the Sexual Misconduct policy violation. Upon a request for confidentiality, the College shall inform the complainant: If the College cannot ensure confidentiality; That a confidentiality request may limit the College’s ability to respond to the report; That the College prohibits retaliation and that such retaliation is subject to disciplinary action under this policy. Notwithstanding the foregoing, should the report concern an instance of sexual misconduct involving a minor (under the age of 17), then in that event, the College shall investigate the report without regard to the request for confidentiality and shall inform local, state and/or federal law enforcement officials of such incident as required by law. Amnesty for Sexual Misconduct Policy Violation Complainants and Witnesses Lincoln College encourages reporting of Sexual Misconduct policy violations and seeks to remove any barriers to making a report. The College recognizes that an individual who has been drinking or using drugs at the time of the incident may be hesitant to make a report because of potential consequences for their own conduct. To encourage reporting, an individual who makes a good faith report of sexual misconduct that was directed at them or another person will not be subject to disciplinary action by the College for a conduct or policy violation that is related to and revealed in the sexual misconduct report or investigation, unless the College determines that the violation was serious and/or placed the health or safety of others at risk. The College may, however, initiate an educational discussion or pursue other educational interventions regarding alcohol or other drugs. These interventions do not include involuntary leaves for students from the College. Amnesty does not preclude or prevent action by police or other legal authorities. This Amnesty provision shall also apply to student groups making a report of sexual misconduct. Retaliation It is a violation of this policy for any person to retaliate against, interfere with, coerce or take any other adverse action against a student, faculty, staff, applicant or other third party that: Seeks advice concerning a violation of this policy; Makes a report of a violation of this policy; Assists or supports another individual that makes a report of a violation of this policy; Participates as a witness or in the investigation of a report made pursuant to this policy. Such conduct is in violation of this policy and will be treated the same as any other violation. Acts of alleged retaliations should be reported immediately to the Title IX Coordinator and will be promptly investigated and adjudicated accordingly. Malicious, False Accusations A report of a violation of this policy that is known to be false by the person reporting is a serious violation and will be investigated and adjudicated accordingly. Training Training materials provided by ATIXA to Lincoln College employees that have completed Title IX training. View materials here. (August 1, 2019 Updated) Address Lincoln College 300 Keokuk Street Lincoln, IL 62656 Phone (800) 569-0556 For Questions or More Information Name Email Submit Copyright © 2021 Lincoln College | All rights reserved Sitemap SCHOOL WEBSITES