Old Main

Title IX- Definitions


Title IX Definitions/Glossary of Terms and ExamplesIllinois Statutory Definitions, and Violence Against Women Act Amendment 304 Definitions.


Definitions/Glossary of Terms and Examples

The following terms are used throughout this policy for the complaint resolution process and are defined by the main headings identified below:

Formal Resolution Procedure and Parties to an Allegation of Policy Violation for Discrimination, Harassment, Sexual Misconduct, and/or Retaliation:

Advisors: The parties may each have any advisor of their choosing (as long as the individual is not a witness or otherwise a part of the investigation) to accompany them to all meetings involved in reporting and the complaint resolution process. The advisor may attend, but does not participate in meetings except to provide advice and support to their advisee, rather than advocacy and/or representation. If any party prefers a current member of the North Central College community to act in this capacity, the Office of Academic Affairs, Student Affairs or Human Resources will help the party to identify an appropriate advisor. Advisors may not be someone who could be called as a possible witness to the allegation, and must be compliant with the College’s expectations for advisor conduct and decorum (for more information on advisors see the Policy - Section V).

Appeals Committee: As part of the formal resolution of an allegation for student responding parties, an appeals committee will be charged with reviewing the appeals from both parties on the basis that there were procedural errors, new information not available at the time of the investigation, or disproportionate sanctions.

Assistant Vice President of Equity, Diversity, and Inclusion: The school official designated to oversee the Discrimination, Harassment, Sexual Misconduct and Retaliation. The Assistant Vice President for Equity, Diversity and Inclusion serves as the Title IX/504 Coordinator and responds to reports of discrimination, harassment, sexual misconduct and retaliation, oversees investigations and offers interim actions and responsive measures as well as academic and other accommodations and remedies to ameliorate the impact of a hostile environment on the basis of protected class. The Assistant Vice President for Equity, Diversity and Inclusion receives annual training.

Complaint and Resolution Process: The process followed to ensure a thorough, reliable, impartial, prompt, and fair approach to facilitating and resolving allegations of misconduct. A resolution process may include a formal and/or an informal approach to resolving issues, as appropriate, except in the case of a faculty discrimination allegation arising out of Promotion and Tenure Committee action where the resolution process will always be the formal approach.

Campus Advocate: A College employee who serves as the confidential advisor to the reporting party. The Campus Advocate is trained in providing technical assistance to reporting parties who experience any form of sexual violence, sexual or gender-based harassment, intimate partner violence, and or stalking. Reports made to this person are confidential unless the reporting party signs a release of information. The Campus Advocate provides crisis support, an overview of on- and off campus options, referrals and will accompany the reporting party to meetings related to any process that is chosen.

Deputy Title IX Coordinators: Staff and faculty who receive specialized training in Title IX and sexual and gender-based violence and harassment. Deputy Title IX Coordinators serve as part of the College’s response to report and investigate incidents of sex or gender based discrimination, harassment, sexual misconduct or retaliation.

Hearing Panel: As part of the formal resolution of an allegation, a hearing panel will be charged with conducting a hearing to determine, based on a preponderance of the evidence, whether or not the responding party violated any College policy specific to the alleged misconduct.

Hearing Panelist: An individual who has been selected and trained to serve on a panel that will review a discrimination, harassment, sexual misconduct and/or retaliation allegation through the process defined by this policy. Hearing panelists will receive training to support the conduct of their review of an allegation in an equitable, fair and impartial way that protects the safety of victims and promotes accountability. Panelists will be chosen to participate on a given panel on the basis of such considerations as diversity, balance, and the absence of conflict of interest. All hearing panelists annually receive special training on issues pertaining to discrimination, harassment, sexual misconduct, stalking, and intimate partner violence.

Investigator: An impartial individual who is free from any conflict of interest, who coordinates the gathering of information from parties who may have information relevant to the allegation as a neutral fact-finder. An investigator synthesizes this information in a report setting forth the facts gathered. An investigator has specific training and experience to investigate allegations of discrimination, harassment, sexual misconduct and/or retaliation including trauma informed investigation techniques. Investigators serve on the investigation team tasked with reviewing all of the pertinent information making a determination about policy violations and recommending sanctions. This person may be a faculty or staff member or, at the sole discretion of the College, an external party as determined by the circumstances. To meet legislative requirements, internal investigators receive annual training coordinated by the Assistant Vice President for Equity, Diversity and Inclusion.

Preponderance of Evidence Standard: The preponderance of evidence is the standard by which policy violations are determined and means evidence that shows a policy violation is more likely than not.

Process Advisor: A trained faculty or staff member who serves as a non-confidential resource for responding parties to provide support, technical assistance about the complaint resolution process, accompanies the responding party to any process-related meetings, and assists with obtaining reasonable accommodations or interim measures from the Assistant Vice President for Equity, Diversity and Inclusion.

Reporting Party: The person who experiences an incident of discrimination, harassment, sexual misconduct and/or retaliation. Allegations may be brought forth in person, in writing, by phone, via email, or by other means of notice.

Responding Party: The individual who is alleged to have engaged in discrimination, harassment, sexual misconduct and/or retaliation. A responding party may be an individual or a group/program.

Responsible Administrator: An administrator who is the College representative and who works with the Assistant Vice President for Equity, Diversity and Inclusion to receive and/or manage allegations of discrimination, harassment, sexual misconduct and/or retaliation. The responsible administrator receives specialized training in conducting investigations and manages the investigation process by regularly communicating with the parties to provide updates and managing deadlines. A responsible administrator is obligated to act in accordance with this policy upon learning of a potential violation of this policy.

Responsible Employee: Is a College employee who has or is perceived to have the authority to take action or address observations or disclosures of sexual assault, dating or domestic violence, stalking, and sexual or gender-based harassment. Responsible Employees are required to report all observations or disclosures to the Assistant Vice President of Equity, Diversity, and Inclusion within 24 hours. Employees not considered to be Responsible Employees are those who are afforded confidentiality as part of their professional role in the College such as professional or pastoral counselors, medical health professionals, and advocates.

Witness: An individual who may offer relevant knowledge or information regarding the allegations being investigated. Typically, character witnesses will not be included in a resolution process.

Terminology Defining Standard of Consent and Prohibited Conduct:

Consent: Consent is knowing, voluntary, and clear permission by word or action to engage in sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

  • If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.
  • For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.
  • Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time.
  • Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. Presumptions based upon contextual factors (such as clothing, alcohol consumption, or dancing) are unwarranted, and should not be considered as evidence for consent.
  • Consent in relationships must also be considered in context. When parties consent to BDSM or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual, so the College’s evaluation of communication in kink situations should be guided by reasonableness, rather than strict adherence to policy that assumes non-kink relationships as a default.

Below are some examples/scenarios where Consent is NOT present:

  • Amanda and Bill meet at a party. They spend the evening dancing and getting to know each other. Bill convinces Amanda to come up to his room. From 11:00pm until 3:00am, Bill uses every line he can think of to convince Amanda to have sex with him, but she adamantly refuses. He keeps at her, and begins to question her religious convictions, and accuses her of being “a prude.” Finally, it seems to Bill that her resolve is weakening, and he convinces her to give him a "hand job" (hand to genital contact). Amanda would never have done it but for Bill's incessant advances. He feels that he successfully seduced her, and that she wanted to do it all along, but was playing shy and hard to get. Why else would she have come up to his room alone after the party? If she really didn't want it, she could have left. Bill is responsible for violating the College’s sexual misconduct policy. It is likely that campus decision-makers would find that the degree and duration of the pressure Bill applied to Amanda is unreasonable. Bill coerced Amanda into performing unwanted sexual touching upon him. Where sexual activity is coerced, it is forced. Consent is not valid when forced. Sex without consent is sexual misconduct.
  • Jiang is a junior at the College. Beth is a sophomore. Jiang comes to Beth’s residence hall room with some mutual friends to watch a movie. Jiang and Beth, who have never met before, are attracted to each other. After the movie, everyone leaves, and Jiang and Beth are alone. They hit it off, and are soon becoming more intimate. They start to make out. Jiang verbally expresses his desire to have sex with Beth. Beth, who was abused by a baby-sitter when she was five, and has not had any sexual relations since, is shocked at how quickly things are progressing. As Jiang takes her by the wrist over to the bed, lays her down, undresses her, and begins to have intercourse with her, Beth has a severe flashback to her childhood trauma. She wants to tell Jiang to stop, but cannot. Beth is stiff and unresponsive during the intercourse. Is this a policy violation? Jiang would be held responsible in this scenario for sexual misconduct. It is the duty of the sexual initiator, Jiang, to make sure that he has mutually understandable consent to engage in sex. Though consent need not be verbal, a verbal “yes” is the clearest form of consent. Here, Jiang had no verbal or non-verbal mutually understandable indication from Beth that she consented to sexual intercourse. Of course, wherever possible, it is important to be as clear as possible as to whether or not sexual contact is desired, and to be aware that for psychological reasons, or because of alcohol or drug use, one’s partner may not be in a position to provide as clear an indication as the affirmative consent policy requires. As the policy makes clear, consent must be actively, not passively, given.
  • Kevin and John are at a party. Kevin is not sure how much John has been drinking, but he is pretty sure it’s a lot. After the party, he walks John to his room, and John comes on to Kevin, initiating sexual activity. Kevin asks him if he is really up to this, and John says “yes”. Clothes go flying, and they end up in John’s bed. Suddenly, John runs for the bathroom. When he returns, his face is pale, and Kevin thinks John may have thrown up. John gets back into bed, and they begin to have sexual intercourse. Kevin is having a good time, though he can’t help but notice that John seems pretty groggy and passive, and he thinks John may have even passed out briefly during the sex, but he does not let that stop him. When Kevin runs into John the next day, he thanks him for the wild night. John remembers nothing, and decides to make a report to the Dean. This is a violation of the sexual misconduct policy. Kevin should have known that John was incapable of making a rational, reasonable decision about sex. Even if John seemed to consent, Kevin was well aware that John had consumed a large amount of alcohol, and Kevin thought John was physically ill, and that he passed out during sex. Kevin should be held accountable for taking advantage of John in his condition. This is not the level of affirmative consent and respectful conduct the College expects.

Discrimination: Conduct that is based upon an individual’s race, religion, hearing status, personal appearance, color, sex, pregnancy, political affiliation, source of income, place of business, residence, religion, creed, ethnicity, national origin (including ancestry), citizenship status, physical or mental disability (including perceived disability), age, marital status, family responsibilities, sexual orientation, gender identity, gender expression, veteran or military status (including disabled veteran, recently separated veteran, active duty wartime or campaign badge veteran, and Armed Forces Service Medal veteran), unfavorable military discharge (except dishonorable discharge) predisposing genetic characteristics, domestic violence victim status or any other protected category under applicable local,state, or federal law, including protections for those opposing discrimination or participating in any resolution process on campus, with the Equal Employment Opportunity Commission, or other human rights agencies in both employment and access to educational opportunities that has the effect of excluding individuals from participation in, denies the benefits of, or results in an adverse impact in an individual’s employment, education, living environment or participation in a College program or activity.

Gender-Based Harassment: Unwelcome conduct based on gender identity or expression, including acts of veUnwelcome conduct based on gender identity or expression, including acts of verbal, nonverbal, or physical aggression, intimidation, harassment, stalking, or hostility. Genderbased harassment can occur if one is harassed either for exhibiting what is perceived as a stereotypical characteristic for one’s sex, or for failing to conform to stereotypical notions of masculinity or femininity regardless of actual sex or gender identity. Gender-based harassment can include comments like “You’re not a real woman,” questioning why a student or staff member has elected to use a particular restroom, or failing to use a student’s preferred pronouns or name, once known, in the classroom, residence halls or during other interactions with the College. These actions can lead to the creation of a hostile environment in which the conduct is sufficiently severe or pervasive to cause substantial emotional distress or interfere with an individual’s work, learning, or living environment. A hostile environment can also be created for third-parties who are exposed to the offensive conduct of others such as “locker room talk” that included homophobic slurs or sexist language if the actions are sufficiently severe or pervasive.

Students, faculty, and staff have the option to provide a chosen name which will be used in place of the individual’s legal name in such areas as the network login, email, Blackboard, class photo roster. For a full list of the areas in which a chosen name can be used and process for requesting a chosen name substitution can be found at https://cardinalnet.northcentralcollege.edu/node/3675.

Discriminatory Harassment: Unwelcome actions on the basis of actual or perceived protected class status (protected classes are defined above). Harassment may be perpetrated in person, via third parties, electronic means, social media, or in print. Such conduct may include, but is not limited to repeated infliction of verbal abuse, such as the use of derogatory remarks, insult and epithets; written communication or physical conduct of a hostile or humiliating nature; the sabotage or undermining of an individual’s work or academic performance; or attempts to exploit an individual’s known psychological or physical vulnerability; changing someone’s mail address or sending unwanted subscriptions; unwanted and repeated phone calls, text messages or emails, contact over social media sites; or showing up or creating a disturbance at the person’s residence, work, educational, or other setting.

These are acts that a reasonable person would find offensive and would create a hostile living, work, or educational environment based on the severity, nature and frequency of the conduct. A single act may not typically constitute harassment unless it is severe. All harassment should be reported to the College, and remedies will be afforded appropriately, under this policy

Hate Crime: Also known as Bias Crime, is when an individual or group commits acts such as, but not limited to: murder or manslaughter, physical or sexual violence, harassment, threats or intimidation, damage/destruction/vandalism to property, theft, burglary, robbery, mob action, disorderly conduct, and/or arson based on their bias against another person’s or group’s perceived or actual race, religion, sexual orientation, gender, gender identity, ethnicity, national origin, disability or other protected identity.

Intimate Partner Violence (Dating and Domestic Violence): Encompasses a broad range of abusive behaviors committed by a person who has an intimate relationship with the person who is the target of abuse. Abusive behaviors include: emotional/psychological abuse, physical and/or sexual abuse, violence, harassment, threats, intimidation, forcing someone to participate in illegal activities such as selling drugs or stealing, or depriving someone of necessities such as food or medicine. The intimate relationship includes a past or present dating relationship, spouse or romantic partner, and a person with whom a child is shared in common. While covered under Illinois Domestic Violence Act (750 ILCS 60), abusive behaviors committed by a student living in the same residence (such as a roommate) or by a caregiver may be considered a violation of the Student Handbook, specifically the Conduct that Endangers policy under the Responsibility to the College and its Members section of the handbook. Potential violations of the Conduct that Endangers policy will be adjudicated through the process outlined in the Student Handbook.

Below are some examples/scenarios of Intimate Partner Violence:

  • The partner of a transgender student prevents them from going to their doctor’s appointment to receive their weekly hormone injection.
  • A boyfriend shoves his girlfriend into a wall upon seeing her talking to a male friend. This physical assault based in jealousy is a violation of the Intimate Partner Violence policy.
  • An ex-girlfriend shames her female partner, threatening to out her as a lesbian to her partner’s parents if she doesn’t give her another chance. Threats are a form of Intimate Partner Violence.
  • A graduate student refuses to wear a condom and forces his girlfriend to take hormonal birth control, though it makes her ill, in order to prevent pregnancy.
  • Married employees are witnessed in the parking garage, with one partner slapping and scratching the other in the midst of an argument.

Non-Consensual Sexual Contact: 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 intentional contact with the breasts, groin, genitals, buttocks, or mouth or touching another with any of these body parts, or making another touch you, or themselves, with, or on, any of these body parts either directly or through clothing; or any other bodily contact in a sexual manner. Non-consensual sexual contact can take place even over an individual’s clothing.

Non-Consensual Sexual Intercourse: Defined as sexual penetration, no matter how slight, with any object, by a person upon another person that is without consent and/or by force. Sexual intercourse includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation (mouth to genital contact) no matter how slight the penetration or contact.

Sexual Exploitation: Occurs when a person takes non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, and that conduct does not otherwise constitute sexual misconduct under this policy.

Examples of Sexual Exploitation include, but are not limited to:

  • Sexual voyeurism (such as watching a person undressing, using the bathroom or engaging in sexual acts without the consent of the person being observed).
  • Invasion of sexual privacy.
  • Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of revenge pornography.
  • Prostitution or prostituting another.
  • Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the infection.
  • Administering alcohol or drugs (such as “date rape” drugs) to another person without their knowledge or consent (assuming the act is not completed).
  • Exposing one’s genitals in non-consensual circumstances (not including streaking, which may be disruptive conduct under the Code of Student Conduct), including unwelcome sexting.
  • Viewing or disseminating child pornography, which includes pornographic images that are consensually sent by or to minors (i.e. sexting) or coercing minors to send pornographic images.

Sexual Harassment: Unwelcome sex-based conduct, or unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal and physical conduct of a sexual nature constitutes sexual harassment. Types of sexual harassment may include quid pro quo sexual harassment or hostile environment.

Typically, a single act or offensive comment would not meet the criteria for sexual harassment, however, a single or isolated incident can be sufficiently severe to be considered sexual harassment as would be the case with sexual or physical assault. While it is not possible to list all of the conduct or circumstances that may constitute sexual harassment, the following are some examples of conduct which, if unwelcome, may constitute hostile environment based on sex or gender depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness.

  • Unwelcome sexual advances -- whether they involve physical touching or not -- and unwanted discussions of sexual matters;
  • Sexual epithets, jokes, written or oral references to sexual conduct; gossip regarding one's sex life; comment on an individual's body; comment about an individual's sexual activity, deficiencies, or prowess;
  • Displaying sexually suggestive objects, pictures, cartoons;
  • Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
  • Sexist remarks/ behaviors that are delivered with the intent to belittle, control, embarrass or hurt others;
  • Requests or demands for sexual favors accompanied by implicit or explicit promised rewards or threatened punishment;
  • Inquiries into one's sexual experiences; and
  • Discussion of one's sexual activities.

The definitions of sexual harassment are intended to be illustrative and are not limited to the stated definitions.

Hostile Work, Learning, or Living Environment: Unwelcome conduct creates a hostile environment when it is based on a protected class, severe or pervasive (persistent), and objectively offensive, whether intended or not. To constitute a hostile environment, the harassment must be sufficiently severe or pervasive to the extent it unreasonably affects the conditions of the reporting party’s employment, academic standing or participation in an education program, social or residential activity, or cause significant emotional distress. Such conduct may create a hostile environment for individuals other than those at whom the conduct is directed. Harassment that creates a hostile environment includes peer harassment, such as student-to-student or colleague-to-colleague. A single incident or isolated incidents of offensive conduct or remarks may create a hostile environment, but generally do not unless the conduct is quite severe. Not all harassment creates a hostile environment, but even instances that may not constitute a hostile environment should be addressed under the informal procedures of this policy so that they are not repeated, and so that remedial actions can be taken for the reporting party and the College community.

Hostile Learning Environments and Academic Freedom: Robust discussion and debate are fundamental to the life of the College. Classroom instruction requires appropriate latitude for germane pedagogical discussions, as well as other methodologies used to fully engage students. This policy will be interpreted in a manner that is consistent with academic freedom. Free speech rights apply in the classroom and in all other educational programs and activities of the College. Great care must be taken not to inhibit open discussion, academic debate, expressive activity, and expression of personal opinion, particularly in the classroom and within academic forums. Nonetheless, speech or conduct of a sexual or hostile nature which occurs in the context of educational instruction may exceed the protections of academic freedom and constitute prohibited discrimination, harassment, sexual misconduct, or retaliation if it meets the definitions of misconduct provided throughout this policy and a) is reasonably regarded as non-professional speech (i.e., advances a personal interest of the faculty member or a student as opposed to furthering the learning process or legitimate objectives of the course), or b) lacks accepted pedagogical purpose and/or is not germane to the academic subject matter.

Quid Pro Quo Harassment: A type of sexual harassment, quid pro quo sexual harassment, may occur when anyone in a position of power or authority over another uses that power to subject such other person to unwelcome sexual attention or verbal or physical conduct of a sexual nature. In general, quid pro quo sexual harassment means: unwelcome sexual advances, requests for sexual favors, or other verbal and physical conduct of a sexual nature by one in a position of power or influence when:

  • Submission by an individual is made either an explicit or implicit term or condition of employment or of academic standing; or
  • Submission to, or rejection of, such conduct is used as the basis for academic or employment decisions affecting that student or employee; or
  • Such conduct creates an intimidating, hostile or offensive working or educational environment (See definition of Hostile Work, Learning or Living Environment listed above).

Most often quid pro quo sexual harassment arises in the context of an authority relationship or power differential. This relationship may be direct (as in the case of a supervisor/subordinate or teacher/student), or it may be indirect (when the harasser has the power to influence others who have authority over the targeted person or persons.) This definition is intended to be illustrative and is not limited to the stated definition.

Some examples/scenarios of possible Sexual Harassment include:

  • A professor insists that a student have sex with them in exchange for a good grade. This is harassment regardless of whether the student accedes to the request.
  • A student repeatedly sends sexually oriented jokes around on an email list they created, even when asked to stop, causing one recipient to avoid the sender on campus and in the residence hall in which they both live.
  • Explicit sexual pictures are displayed in a professor’s office or on the exterior of a residence hall door.
  • Two supervisors frequently ‘rate’ several employees’ bodies and sex appeal, commenting suggestively about their clothing and appearance.
  • A professor engages students in her class in discussions about their past sexual experiences, yet the conversation is not in any way germane to the subject matter of the class. She probes for explicit details, and demands that students answer her, though they are clearly uncomfortable and hesitant.
  • An ex-girlfriend widely spreads false stories about her sex life with her former boyfriend to the clear discomfort of the boyfriend, turning him into a social pariah on campus.
  • A student grabbed another student by the hair, then grabbed her breast and put his mouth on it. While this is sexual harassment, it is also a form of sexual violence.

Sexual Misconduct: Includes sexual and gender-based harassment, non-consensual sexual contact, nonconsensual sexual intercourse, sexual exploitation, intimate partner violence and stalking. Additionally, in Illinois, a minor (meaning a person under the age of 17 years) cannot consent to sexual activity. This means that sexual contact by an adult with a person younger than 17 years old is a crime, as well as a violation of this policy, even if the minor consented to engage in the act. If the adult is in a position of authority or trust, the age of consent is raised to 18.

Stalking: Is engaging in a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to fear for their safety or the safety of family members or intimate/dating partners, or to suffer significant emotional distress. Stalking may include a pattern of repetitive and menacing behavior such as pursuit, unwelcome attention, surveillance, following, harassing, threats of immediate or future harm, and/or interfering with the peace and/or safety of another. Stalking can be perpetrated in person, via email, phone, text messaging, and social networking sites or other electronic means – all of which are a violation of College policy. Stalking someone on the basis of their actual or perceived membership in a protected class (age, race, sex, etc.) is also form of sexual, gender or , bias-related harassment and is prohibited.

Some examples of possible stalking include:

  • Avery and Scout began dating at the start of the school year. Scout ended the romantic relationship after a month. After the breakup, Scout blocked Avery on Facebook. Avery would then create multiple new Facebook accounts in an attempt to get around the fact that Scout had blocked him on Facebook. Additionally, Scout noticed that Avery was showing up at many of the same events and programs he was attending, even ones that occurred off-campus. Scout later discovered that Avery had installed spyware on his computer that allowed Avery to take screen shots of Scout’s computer. Scout believes this is how Avery was determining where Scout was going to be at any given time.
  • A graduate student working as an on-campus tutor received flowers and gifts delivered to their office. After learning the gifts were from a student they recently tutored, the graduate student thanked the student and stated that it was not necessary and would appreciate the gift deliveries to stop. The student then started leaving notes of love and gratitude on the graduate assistant's car, both on-campus and at home. Asked again to stop, the student stated by email: “You can ask me to stop, but I’m not giving up. We are meant to be together, and I’ll do anything necessary to make you have the feelings for me that I have for you.” When the tutor did not respond, the student emailed again, “You cannot escape me. I will track you to the ends of the earth. We are meant to be together.” This is a form of stalking and is against College policy.


Illinois Statutory Definitions

Criminal Sexual Assault, 720 ILCS 5/11-1.20(a)

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 of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.

Sexual Penetration, 720 ILCS 5/11-0.1

"Sexual penetration" means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.

Consent, 720 ILCS 5/11-1.70

(a) "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.

(c) 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.

Aggravated Criminal Sexual Assault, 720 ILCS 5/11-1.30

(a) A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur as part of the same course of conduct as the commission of the offense:

(1) the person displays, threatens to use, or uses a dangerous weapon, other than a firearm, or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;

 (2) the person causes bodily harm to the victim, except as provided in paragraph (10);

 (3) the person acts in a manner that threatens or endangers the life of the victim or any other person;

 (4) the person commits the criminal sexual assault during the course of committing or attempting to commit any other felony;

 (5) the victim is 60 years of age or older;

 (6) the victim is a physically handicapped person;

 (7) the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception for other than medical purposes;

 (8) the person is armed with a firearm;

 (9) the person personally discharges a firearm during the commission of the offense; or

 (10) the person personally discharges a firearm during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.

(b) A person commits aggravated criminal sexual assault if that person is under 17 years of age and: (i) commits an act of sexual penetration with a victim who is under 9 years of age; or (ii) commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and the person uses force or threat of force to commit the act.

(c) A person commits aggravated criminal sexual assault if that person commits an act of sexual penetration with a victim who is a severely or profoundly intellectually disabled person.

Predatory Criminal Sexual Assault of a Child, 720 ILCS 5/11-1.40(a)

A person commits predatory criminal sexual assault of a child if that person is 17 years of age or older, and commits an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, and: (1) the victim is under 13 years of age; or (2) the victim is under 13 years of age and that person: (A) is armed with a firearm; (B) personally discharges a firearm during the commission of the offense; (C) causes great bodily harm to the victim that: (i) results in permanent disability; or (ii) is life threatening; or (D) delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception, for other than medical purposes.

Criminal Sexual Abuse, 720 ILCS 5/11-1.50

(a) A person commits criminal sexual abuse if that person: (1) commits an act of sexual conduct by the use of force or threat of force; or (2) commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent.

(b) A person commits criminal sexual abuse if that person is under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age.

(c) A person commits criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is less than 5 years older than the victim.

Aggravated Criminal Sexual Abuse, 720 ILCS 5/11-1.60

(a) A person commits aggravated criminal sexual abuse if that person commits criminal sexual abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) for purposes of paragraph (7), as part of the same course of conduct as the commission of the offense:

(1) the person displays, threatens to use, or uses a dangerous weapon or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;

(2) the person causes bodily harm to the victim;

(3) the victim is 60 years of age or older;

(4) the victim is a physically handicapped person;

(5) the person acts in a manner that threatens or endangers the life of the victim or any other person;

(6) the person commits the criminal sexual abuse during the course of committing or attempting to commit any other felony; or

(7) the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim for other than medical purposes without the victim's consent or by threat or deception.

(b) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is under 18 years of age and the person is a family member.

(c) A person commits aggravated criminal sexual abuse if:

(1) that person is 17 years of age or over and: (i) commits an act of sexual conduct with a victim who is under 13 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person uses force or threat of force to commit the act; or

(2) that person is under 17 years of age and: (i) commits an act of sexual conduct with a victim who is under 9 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 9 years of age but under 17 years of age and the person uses force or threat of force to commit the act.

(d) A person commits aggravated criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is at least 5 years older than the victim.

(e) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is a severely or profoundly intellectually disabled person.

(f) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 13 years of age but under 18 years of age and the person is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim.

Domestic Violence, 750 ILCS 60/103

Domestic violence means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.

Physical abuse includes sexual abuse and means any of the following: (i) knowing or reckless use of physical force, confinement or restraint; (ii) knowing, repeated and unnecessary sleep deprivation; or (iii) knowing or reckless conduct which creates an immediate risk of physical harm.

Harassment means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner. Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress: (i) creating a disturbance at petitioner's place of employment or school; (ii) repeatedly telephoning petitioner's place of employment, home or residence; (iii) repeatedly following petitioner about in a public place or places; (iv) repeatedly keeping petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner's windows; (v) improperly concealing a minor child from petitioner, repeatedly threatening to improperly remove a minor child of petitioner's from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence; or (vi) threatening physical force, confinement or restraint on one or more occasions.

Intimidation of a dependent means subjecting a person who is dependent because of age, health or disability to participation in or the witnessing of: physical force against another or physical confinement or restraint of another which constitutes physical abuse as defined in this Act, regardless of whether the abused person is a family or household member.

Interference with personal liberty means committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage.

Willful deprivation means willfully denying a person who because of age, health or disability requires medication, medical care, shelter, accessible shelter or services, food, therapeutic device, or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except with regard to medical care or treatment when the dependent person has expressed an intent to forgo such medical care or treatment. This paragraph does not create any new affirmative duty to provide support to dependent persons.

Domestic Battery, 720 ILCS 5/12-3.2, 720 ILCS 5/12-0.1

(a) A person commits domestic battery if he or she knowingly without legal justification by any means: (1) causes bodily harm to any family or household member; (2) makes physical contact of an insulting or provoking nature with any family or household member.

"Family or household members" include spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in Section 12-4.4a of this Code. For purposes of this Article, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.

Stalking, 720 ILCS 5/12-7.3

(a) A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows 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.

(a-3) A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and: (1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or (2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint to or of that person or a family member of that person.

(a-5) A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion: (1) follows that same person or places that same person under surveillance; and (2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint to that person or a family member of that person.

For purposes of this Section:

(1) Course of conduct means 2 or more acts, including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual contact, or interferes with or damages a person's property or pet. A course of conduct may include contact via electronic communications.

(2) Electronic communication means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. "Electronic communication" includes transmissions by a computer through the Internet to another computer.

(3) Emotional distress means significant mental suffering, anxiety or alarm.

(4) Family member means a parent, grandparent, brother, sister, or child, whether by whole blood, half-blood, or adoption and includes a step-grandparent, step-parent, step-brother, step-sister or step-child. "Family member" also means any other person who regularly resides in the household, or who, within the prior 6 months, regularly resided in the household.

(5) Follows another person means (i) to move in relative proximity to a person as that person moves from place to place or (ii) to remain in relative proximity to a person who is stationary or whose movements are confined to a small area. "Follows another person" does not include a following within the residence of the defendant.

(6) Non-consensual contact means any contact with the victim that is initiated or continued without the victim's consent, including but not limited to being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim.

(7) Places a person under surveillance means: (1) remaining present outside the person's school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant; or (2) placing an electronic tracking device on the person or the person's property.

(8) Reasonable person means a person in the victim's situation.

(9) Transmits a threat means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written statements or conduct.

(d) Exemptions.

(1) This Section does not apply to any individual or organization (i) monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements, or (ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.

(2) This Section does not apply to an exercise of the right to free speech or assembly that is otherwise lawful.

(3) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.

Aggravated Stalking, 720 ILCS 5/12-7.4

(a) A person commits aggravated stalking when he or she commits stalking and: (1) causes bodily harm to the victim; (2) confines or restrains the victim; or (3) violates a temporary restraining order, an order of protection, a stalking no contact order, a civil no contact order, or an injunction prohibiting the behavior described in subsection (b)(1) of Section 214 of the Illinois Domestic Violence Act of 1986.

(a-1) A person commits aggravated stalking when he or she is required to register under the Sex Offender Registration Act or has been previously required to register under that Act and commits the offense of stalking when the victim of the stalking is also the victim of the offense for which the sex offender is required to register under the Sex Offender Registration Act or a family member of the victim.

(c) Exemptions.

(1) This Section does not apply to any individual or organization (i) monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements, or (ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the managing or maintaining of collective bargaining agreements, and the terms to be included in those agreements.

(2) This Section does not apply to an exercise of the right to free speech or assembly that is otherwise lawful.

(3) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.

Cyberstalking, 720 ILCS 5/12-7.5

(a) A person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that 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.

(a-3) A person commits cyberstalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions, harasses another person through the use of electronic communication and: (1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person; or (2) places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or (3) at any time knowingly solicits the commission of an act by any person which would be a violation of this Code directed towards that person or a family member of that person.

(a-5) A person commits cyberstalking when he or she, knowingly and without lawful justification, creates and maintains an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours, and which contains statements harassing another person and:

(1) which communicates a threat of immediate or future bodily harm, sexual assault, confinement, or restraint, where the threat is directed towards that person or a family member of that person, or

(2) which places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint, or

(3) which knowingly solicits the commission of an act by any person which would be a violation of this Code directed towards that person or a family member of that person.

(c) For purposes of this Section:

(1) "Course of conduct" means 2 or more acts, including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual contact, or interferes with or damages a person's property or pet. The incarceration in a penal institution of a person who commits the course of conduct is not a bar to prosecution under this Section.

(2) "Electronic communication" means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. "Electronic communication" includes transmissions through an electronic device including, but not limited to, a telephone, cellular phone, computer, or pager, which communication includes, but is not limited to, e-mail, instant message, text message, or voice mail.

(3) "Emotional distress" means significant mental suffering, anxiety or alarm.

(4) "Harass" means to engage in a knowing and willful course of conduct directed at a specific person that alarms, torments, or terrorizes that person.

(5) "Non-consensual contact" means any contact with the victim that is initiated or continued without the victim's consent, including but not limited to being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim.

(6) "Reasonable person" means a person in the victim's circumstances, with the victim's knowledge of the defendant and the defendant's prior acts.

(7) "Third party" means any person other than the person violating these provisions and the person or persons towards whom the violator's actions are directed.

(d) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.



Violence Against Women Act Amendment 304 Definitions

34 C.F.R. 668.46(a)

Sexual assault:  An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program and included in Appendix A of this subpart.

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.

(i) The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of relationship, the type of the relationship, and the frequency of the interaction between the persons involved in the relationship.

(ii)  For the purposes of this definition—

(A) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

(B) Dating violence does not include acts covered under the definition of domestic violence.

(ii) For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for purposes of Clery Act reporting.

Domestic violence: (i) A felony or misdemeanor crime of violence committed–

(A) By a current or former spouse or intimate partner of the victim;

(B) By a person with whom the victim shares a child in common;               

(C) By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;

(D) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or

(E) By any other person against an adult or youth alleged victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

(ii) For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for purposes of Clery Act reporting.

Stalking:  (i) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to –

(A) Fear for the person’s safety or the safety of others; or

(B) Suffer substantial emotional distress.

(ii) For purposes of this definition –

(A) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, surveils, or threatens, or communicates to or about a person, or interferes with a person’s property.

(B) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

(C) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

(iii) For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for purposes of Clery Act reporting.