Title IX

Responsibilities of the Parties and Witnesses

1. To be truthful, to cooperate with the process, and to follow the directions of the College staff administering this process;
2. To not retaliate against or intimidate any individual who has reported a Title IX concern or who has participated as a witness in the process; and
3. To protect the confidentiality of all involved to the extent possible.

Rights of the Parties and Witnesses

1. An investigation and appropriate resolution of all credible allegations made in good faith;
2. To be treated with respect, dignity, and sensitivity throughout the process;
3. Presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process;
4. Informed by Triton College officials of options to notify proper law enforcement authorities and the option to be assisted in notifying such authorities, if the complainant so chooses. This also includes the right not to be pressured to report;
5. To not be discouraged by officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities;
6. To be notified of available counseling and other resources, both on campus and in the community;
7. To have the ability to submit the names of relevant witnesses;
8. To not have irrelevant prior sexual history admitted as evidence (rape shield protection);
9. To have regular updates on the status of the investigation and/or resolution;
10. To request that any Triton College representative involved in the process be removed on the basis of demonstrated bias and/or conflict of interest;
11. To have an advisor or support person of their choosing, to attend and participate, during all phases of the investigation and resolution meetings;
12. To participate in the investigation, including providing relevant information to the investigator.
13. To be promptly informed of the outcome of the resolution process, information about the appeal process, any change to the result, and when the results become final in writing, without undue delay between the notifications to the parties;
14. To be protected from retaliation and intimidation where one has reported a Title IX concern or participates as a witness in the process;
15. To receive a General Outcome Letter.

• Class reassignment
• Academic accommodations
• Interim leave from the college
• Limitation of college sponsored activities, both on and or off campus
• Housing accommodations
• No contact directive (Order of Protection)*
• Safety escorts
• Parking restrictions
• Employment reassignment
• Administrative leave with or without pay
• Other appropriate actions as necessary to stop the Prohibited Conduct, prevent its recurrence, and remedy its effect.

• Accessing legal, medical, and academic assistance;
• Imposing a campus no contact order;
• Exploring options to address academic concerns, such as transferring class sections, taking an incomplete in a class, or filing a grade grievance;
• Informing complainant of right to report incident to campus or law enforcement;
• Educational measures that do not identify the complainant but address violations;
• Rescheduling exams and assignments.

1. Assigning an Investigator:
When a determination is made to proceed with a Title IX investigation, the Title IX Coordinator or Deputy Title IX Coordinator will assign an unbiased investigator.

2. Notice of Investigation:
At the outset of an investigation, the Title IX Coordinator or Deputy Title IX Coordinator or designee will advise both parties of the allegations in writing. The College will send written notices of any investigative interviews, meetings, or hearings to the parties and their advisors of choice.

3. Opportunity to Participate:
Both the complainant and respondent will have an opportunity to respond to the Notice of Investigation in writing and in a meeting with the assigned investigator. Both parties have the right to request that the investigator meet with relevant witnesses and evaluate relevant evidence.

4. Evidentiary Determination:
Triton College uses the preponderance of evidence standard for all formal complaints of sexual harassment, including where employees and faculty are respondents. Triton College requires objective evaluation of all relevant evidence, inculpatory and exculpatory, and avoid credibility determinations based on a person’s status as a complainant, respondent, or witness. Burden of gathering evidence and burden of proof must remain on the College, not on the parties. The College will send the parties, and their advisors, evidence directly related to the allegations, in electronic format or hard copy, with at least 10 days for the parties to inspect, review, and respond to the evidence.

5. Investigator Review:
The investigator will provide an Investigative Report.

6. Resolution Process:
Depending on the Prohibited Conduct violation, the Administrative Resolution or Title IX Hearing Resolution process will determine the finding and any outcomes, if appropriate.

7. Investigation Outcome:
Upon completion of the investigation and Resolution Process, the decision-maker will issue each party a written General Outcome Letter including findings of fact, and if applicable, any actions the College will take to provide supportive measures and remedies for the College community.

8. Outcome Appeal:
Either party may submit an appeal to review the outcomes, but not the findings, of an outcome of a Title IX investigation.

Dating violence is violence and abuse committed by a person to exert power and control over another person with whom they have been in a social relationship of a romantic or intimate nature.

Dating violence often involves a pattern of escalating violence and abuse over a period of time. Dating violence covers a variety of actions and can include physical abuse, psychological and emotional abuse, and sexual abuse. It can also include “digital abuse,” the use of technology, such as smartphones, the internet, or social media to intimidate, harass, threaten, or isolate a person.

Domestic Violence is a pattern of abusive behavior in a relationship that is used by a family or household member to maintain power and control over another family or household member.

Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behavior that intimidates, manipulates, humiliates, isolates, frightens, terrorizes, coerces, threatens, hurts, injures, or wounds someone.

Family or household members include but are not limited to:

• Family members related by blood or marriage
• People who are married or used to be married
• People who share or used to share a home, apartment, or other dwelling
• People who have or say they have a child in common
• People who have or say they have a blood relationship through a child
• People who are dating or used to date
• People with disabilities and their personal assistants/caregivers

Sexual Assault is any type of sexual contact or behavior that occurs without consent of the recipient. Falling under the definition of sexual assault is sexual activity such as forced sexual intercourse, molestation, incest, fondling, rape, statutory rape, and attempted rape. It includes sexual acts against people who are unable to consent either due to age or lack of capacity.

Consent Is Not:

• Automatic; even if there is a prior relationship
• Silence or passivity - lack of resistance does not imply consent
• If obtained once, it does not imply consent to other forms of sexual activity
• A reasonable fear that a person or another will be injured if a person does not submit to or engage in the sexual activity
• Obtained if the person is incapacitated due to mental condition or drug or alcohol use, or is asleep or unconscious.

Consent Is:

• An affirmative decision by all participants to engage in mutually acceptable sexual activity
• Unambiguous, clear, knowing, and voluntary approval given by words or demonstrated actions to engage in sexual activity
• A decision that must be made freely and actively by all participants
• Clarification from the other participant about a willingness to continue sexual activity if any confusion or ambiguity on the issue of consent arises at any time during the sexual activity

Consent cannot be given if the following occur:

Incapacitation:
The inability, temporarily or permanently, to make informed judgments or give consent because an individual is asleep, unconscious, or unaware that sexual activity is occurring. Where alcohol or other drugs are involved, incapacitation is a state beyond impairment or intoxication. Evaluating incapacitation where alcohol and other drugs are involved requires an assessment of whether a person should have been aware of the complainant’s incapacitation based on objectively and reasonably apparent indications of impairment when viewed from the perspective of a reasonable person. An individual who engages in sexual activity with someone the individual knows or reasonably should know is incapable of making a rational, reasonable decision about whether to engage in sexual activity is in violation of this policy.

Coercion:
The use of pressure that compels another individual to initiate or continue sexual activity against their will. Coercion can include a wide range of behaviors, including intimidation, manipulation, implied threats or blackmail which places a person in fear of immediate harm or physical injury or causes a person to engage in unwelcome sexual activity. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to “out” someone based on sexual orientation, gender identity, or gender expression or threatening to harm oneself if the other party does not engage in the sexual activity. Coercing an individual into engaging in sexual activity is a violation of this policy.

Force:
The use or threat of physical violence to overcome an individual’s freedom of will to choose whether or not to participate in sexual contact. Force renders an individual unable to consent. Such action would cause a person to fear their physical or psychological well-being. For the use of force to be demonstrated, there is no requirement that a complainant resists the sexual advance or request. However, resistance by the complainant will be viewed as a clear demonstration of non-consent.

Sexual Misconduct: Engaging in non-consensual contact of a sexual nature. Sexual misconduct may vary in its severity and consists of a range of behaviors or attempted behaviors including the following examples:

• Unwelcome sexual touching:
• Touching an unwilling or non-consensual person's intimate parts (such as genitalia, groin, breast, buttocks, mouth, or clothing covering the same);
• Touching an unwilling person with one's own intimate parts; or forcing an unwilling person to touch another's intimate parts;
• Exposure: Engaging in indecent exposure, sexual acts in a public place, voyeurism, or with a nonconsensual person with any object or body part;
• Non-consensual sexual assault: Penetrating any bodily opening of an unwilling or nonconsensual person with any object or body part;
• Forced sexual assault: Penetrating any bodily opening of an unwilling or non-consensual person with any object or body part that is committed either by force, threat, intimidation, or through exploitation of another's mental or physical condition (such as lack of consciousness, incapacitation due to ingestion of drugs or alcohol, age, or mental disability) of which the responding party was aware or should have been aware.

Sexual Exploitation: Occurs when a person takes non-consensual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited, and that behavior does not meet the definition of sexual assault.

Sexual exploitation includes prostituting another person, non-consensual visual or audio recording of sexual activity, non-consensual distribution of photos or other images of an individual’s sexual activity or intimate body parts with an intent to embarrass such individual, non-consensual voyeurism, knowingly transmitting HIV or a sexually transmitted disease to another, or exposing one’s genitals to another in non-consensual circumstances.

Sexual Harassment is a form of prohibited sex discrimination and includes any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal educational access or creates a hostile or abusive educational environment.

Elements of Sexual Harassment may include but are not limited to:

• Repeated requests for dates and sex
• Sexually oriented humor or language
• Kissing sounds, whistling, cat calls
• Obscene phone calls
• Comments about sexual likes/dislikes
• Comments about sexual behavior
• Leering or ogling
• Repeated "love" letters
• Sexually oriented electronic messages or images
• Email/screen-savers/desktop "wall paper"
• Intrusive touching including pats, hugs, squeezes, pinches, and/or brushing up against someone
• Unwanted kissing
• Unwanted fondling

Harassment, Threats, and Bullying on the basis of sex: Engaging in subjectively and objectively offensive verbal abuse, threats, intimidation, harassment, coercion, bullying, or other conduct that threatens or endangers the mental or physical health/safety of any person or causes reasonable apprehension of such harm that is persistent, severe, or pervasive and objectively offensive.

Discrimination based on sex, gender, gender identity, gender expression, sex- or gender-stereotyping, and sexual orientation violates law and other campus policies. This discrimination may occur in situations where there is a power differential between the parties (Faculty-student, Supervisor-employee) or where the persons share the same status (student-student, faculty-faculty) and between same sex, opposite sex, gender nonconforming, or transgender individuals.

Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear for their own safety or the safety of others such as:

• Repeated and unwanted communications through phone calls, mail, emails, or social media sites,
• Following the individual to work, school, home, or other places where the individual frequently visit,
• Making threats to the individual’s family, friends, co-workers, or even pets,
• Damaging the individual’s home, car, or other property, or threatening to do so,
• Repeatedly sending the individual unwanted gifts,
• Posting information, or spreading rumors about, the individual,
• Obtaining information about the individual through the use of public records, online searches, going through the individual’s garbage, or contacting the individual’s family, neighbors, friends, or co-workers,
• Hiring a private investigator to follow, or discover information about, the individual.

Stalking is dangerous and can often cause severe and long-lasting emotional and psychological harm to victims. Stalking often escalates over time and can lead to domestic violence, sexual assault, and even homicide. Stalking can include frightening communications, direct or indirect threats, and harassing an individual through the internet.

Retaliation is any form of intimidation, reprisal, or harassment against an individual because they made a report of discrimination or harassment or because that individual has participated in an investigation of discrimination or harassment by or of a Triton College community member and includes, but is not limited to:

• Firing, refusing to hire, or refusing to promote the individual;
• Departing from any customary employment or academic practice regarding the individual;
• Transferring or assigning the individual to a lesser position in terms of wages, hours, job classification, job security, employment, or academic status;
• Informing another student, staff, or faculty member who does not have a need to know that the individual has made a complaint or participated in an investigation of a complaint of sexual harassment; or
• Impeding the individual’s academic advancement in any College activity or program.

Title IX requires professors and administrators to treat pregnancy, childbirth and related conditions in the same manner and under the same policies as any other temporary disability. Triton College can require a pregnant student to provide a doctor’s certification of fitness to continue in an education program or activity only if the same requirement is imposed on all other students with physical or emotional conditions requiring a doctor’s care. Pregnant students must be provided the same accommodations and support services available to other students with similar medical needs. Your professors or administrators should not tell you that you have to drop out of your classes or academic program or change your educational plans due to your pregnancy. If you have a concern regarding your status as a pregnant or parenting student at Triton College, please contact Joe Klinger, AVP of Human Resources and Title IX Coordinator, at joeklinger@by-stuart.com.

Absences due to pregnancy, childbirth, or related medical conditions must be excused and cannot be treated or penalized like unexcused absences. Your professors must provide you a leave of absence for as long as it is deemed necessary by your medical doctor. At the end of your leave, you must be reinstated to the status you held prior to your leave. After returning from an excused absence, your professors must allow a reasonable amount of time to make up missed assignments and tests. The makeup assignments and tests must be reasonably equivalent to those missed but need not be identical. If a professor provides specific “points” or other advantages to students based on class attendance, you must be given the opportunity to earn back the credit from classes missed due to pregnancy.

While your professor may have a strict attendance policy, the College is bound by federal civil rights law. Title IX requires the College ensure that all faculty and staff comply with the law and do not discriminate against pregnant and parenting students. An individual professor’s policy is not OK if it breaks the law. Please contact Julia Willis, Dean of Students and Deputy Title IX Coordinator, at juliawillis@by-stuart.com if you have questions as it relates to pregnancy and parenting responsibilities.

Title IX requires the College to provide pregnant students with any special services we provide to students with any other type of temporary disabilities. Please contact the Center for Access and Accommodative Services (CAAS) at (708) 456-0300 ext. 3854.

No. Your program must allow you to continue participating in off-campus programs. If your program provides opportunities to “work in the field”, you cannot be excluded based on your pregnancy. Your professor cannot require a doctor’s note for continued participation unless your professor requires one for all students who have a medical condition that requires treatment by a doctor. If they do ask for a note, they cannot second-guess your doctor’s decision.

Title IX requires the College prevent and address sex-based harassment, including harassment based on pregnancy. If you experience this sort of treatment, you should seek help immediately. The law prohibits anyone from retaliating against you for filing a complaint or raising a concern. Click here for Triton College’s Title IX incident reporting form.

You will keep your status as a student for up to one year. If you want to take off more time than your doctor says is medically necessary, please contact Julia Willis, Dean of Students and Deputy Title IX Coordinator, at juliawillis@by-stuart.com for more information.

Not necessarily. Title IX requires professors and administrators treat parenting students in the same manner and under the same policies as any other student. In other words, if your professor has a strict attendance policy, that policy can be applied to absences related to childcare, provided it is similarly applied to any other absence.