VI. SAIC’s Complaint Procedures

This section of the Policy identifies SAIC’s  internal administrative procedures to address Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking alleged to have been committed by a member of the SAIC community. As explained below in Review of Complaint, the applicable procedures will depend on whether the alleged offender is a student, faculty or staff member.  These are internal School processes and are not legal proceedings. These processes can take place before, during, or after criminal and/or civil proceedings related to the same incident.

Making a Report

SAIC has trained professionals to whom an individual who has experienced Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking may make a report and seek assistance. Reports can be made in person to the individuals listed below or electronically. Electronic reports may be submitted anonymously at the reporter’s option at saic.edu/reportsexualviolence. SAIC employees are committed to maintaining the privacy of any such reports. As noted above, only the Confidential Advisor, the professional counselors in Counseling Services and the nurses in the Wellness Center can maintain confidentiality. Information about the difference between Confidential Resources and others who will maintain privacy is set out in the Differences between Confidentiality and Privacy page. 

There are many options for resolution of a report and individuals who have experienced Sexual Assault, Domestic Violence, Dating Violence, or Stalking are encouraged to make a report even if they are not seeking disciplinary action against the alleged offender. SAIC will make every effort to respect the reporting party’s autonomy in determining how to proceed. SAIC’s process for assessment of a report is set forth below in Subsection C, Assessment of a Report.

Resources and Information for SAIC Community Members

 

Making a Report

For Students

Amanda DaSilva (or designee*)—Intake Person (Private)
Director of Student Conflict Resolution
36 S. Wabash Ave., suite 1204
Chicago IL 60603
312.629.6800
adasilva1@saic.edu

Title IX Deputy Coordinator for Students:
Felice Dublon  (Private)
Vice President and Dean of Student Affairs
Office of Student Affairs
36 S. Wabash Ave., suite 1204
Chicago, IL 60603
312.629.6800
fdublon@saic.edu

*When Amanda is not available, a Dean on Call will serve as the intake for student reports. Deans on Call are staff members in the Office of Student Affairs who have received training in responding to issues of Sexual Assault, Domestic Violence, Dating Violence, and Stalking. A Dean on Call is available 24 hours a day.

For Faculty

Nora Taylor—Intake Person (Private)
Faculty Liaison
37 S. Wabash Ave., suite 821
Chicago IL 60603
312.345.3757
ntaylor1@saic.edu

Title IX Deputy Coordinator for Faculty
Lisa Wainwright, Dean of Faculty and Vice President of Academic Affairs  (Private)
37 S. Wabash Ave., suite 821, Chicago, IL 60603
312.899.1236
lwainwright@saic.edu

For Staff & Visitors

Jevoid Simmons—Intake Person (Private)
Director of Employee Relations and Training
116 S. Michigan Ave., 12th floor
Chicago, IL 60603
312.629.3380
jsimmons@artic.edu

Title IX Coordinator Deputy Coordinator for Staff and Visitors
Michael Nicolai  (Private)
Vice President for Human Resources & Title IX Coordinator
116 S. Michigan Ave., 12th floor
Chicago, IL 60603
312.629.9411
mnicolai@artic.edu

For All Community Members

SAIC Campus Security
312.899.1230
Available 24 hours a day, seven days a week

Title IX Coordinator
Michael Nicolai (Private)
Vice President for Human Resources & Title IX Coordinator
116 S. Michigan Ave., 12th floor
Chicago, IL 60603
312.629.9411
mnicolai@artic.edu

For additional information on Title IX and Title IX Coordinators see the Title IX Coordinator web page.

Written Notice Provided by SAIC

SAIC will provide written notification to those who report experiencing Sexual Assault, Domestic Violence, Dating Violence, or Stalking about options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures.

In addition, when a student, faculty or staff member reports to SAIC that they have been a victim of Sexual Assault, Domestic Violence, Dating Violence, or Stalking whether the offense occurred on or off campus, SAIC will provide the student, faculty or staff member a written explanation of the student’s, faculty’s or staff member’s rights and options, as described in this Policy, including, but not limited to, Resources; Differences between Confidentiality and PrivacyProtective Measures from SAICSAIC Complaint ProceduresInformation Regarding Sexual Assault, Domestic Violence, Dating Violence, and Stalking; and Orders of Protection.

Assessment of a Report

Although a report of Sexual Assault, Domestic Violence, Dating Violence, or Stalking may come in through many sources, SAIC is committed to ensuring that all reports are referred to SAIC’s Title IX Coordinator/Deputy Coordinators or their designees, who will ensure consistent application of SAIC’s policies to all individuals and allow SAIC to respond promptly and equitably to the report.

As an initial matter, SAIC will consider the preference of the individual who reported experiencing Sexual Assault, Domestic Violence, Dating Violence, or Stalking regarding whether and how to proceed.

If the individual chooses not to inform SAIC of the name of the alleged offender, SAIC’s ability to investigate and take appropriate action will be limited.

If the individual tells an SAIC employee (other than those who are Confidential Resources) about an incident of Sexual Assault, Domestic Violence, Dating Violence, or Stalking, but requests that their name not be disclosed to the alleged offender or that SAIC not investigate or seek action against the alleged offender, SAIC will need to determine whether it can honor such a request while still providing a safe and nondiscriminatory environment for all SAIC community members. The Title IX Coordinator (or designee) will consider any such request. SAIC will advise the individual who reported experiencing Sexual Assault, Domestic Violence, Dating Violence, or Stalking if it determines that it must disclose that individual’s identity to the alleged offender; SAIC will endeavor to notify that individual prior to making the disclosure. In addition, if the individual who reported experiencing Sexual Assault, Domestic Violence, Dating Violence, or Stalking requests that SAIC tell the alleged offender that they asked SAIC not to investigate or seek discipline, SAIC will inform the offender that SAIC made the decision to go forward.

When a Report becomes a Complaint: Review of Complaint

A complaint may be initiated by an individual who has experienced Sexual Assault, Domestic Violence, Dating Violence, or Stalking or, as set forth above in the Assessment of a Report, by SAIC in an effort to provide a safe and nondiscriminatory environment for all SAIC community members.  

As a general matter, all complaints of Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking will be investigated as promptly as possible. The person making the complaint will be referred to as the “Complainant” and the person alleged to have violated SAIC’s Policy will be referred to as the “Respondent.”

The administrator responsible for the prompt investigation and appropriate resolution, as well as the applicable procedures, will depend on the status of the Respondent. If the Respondent is a:

In the event that the Respondent has a dual status in the community, such as a student employee or a staff member who also teaches, SAIC administrators may coordinate the investigation and resolution of the complaint. SAIC administrators have the discretion to use an existing review procedure or to coordinate procedures in a manner suited to the particular complaint presented. The Complainant and the Respondent will be advised of the applicable procedures. In no event, however, shall a complaint of Sexual Assault, Relationship Violence or Stalking proceed simultaneously through more than one internal procedure.

SAIC administrators involved in the investigation or resolution of complaints of Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking receive annual training on these issues. It is the responsibility of the School, not the parties to the complaint, to gather the relevant information relating to the complaint of Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking, to the extent reasonably possible. 

Procedures Applicable to Students

Overview

If the Respondent is a student, the Student Conduct Procedures will be utilized. These procedures set forth the steps for investigation, resolution and appeal of complaints that a student has violated a School Policy. Please refer to Student Conduct Procedures in the current ‌ for details regarding these procedures.

In accord with the Violence Against Women Reauthorization Act of 2013 as well as the Illinois law, Preventing Sexual Violence in Higher Education, the following requirements also apply to any Student Conduct Procedure involving a complaint of Sexual Assault, Domestic Violence, Dating Violence, or Stalking.

Investigation
During the investigation, both the Complainant and the Respondent will be offered the opportunity to explain their understanding of the circumstances and offer any additional information they believe is relevant to the investigation. SAIC may also meet with and/or gather information from other individuals who may have information relevant to the complaint.

Time Frame for Investigation Resolution
SAIC will complete the investigation and resolution of a complaint of Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking as promptly as possible. As a general matter, SAIC strives to complete its investigation and resolution (not including the appeal) of this type of complaint within 60 days; however, the timeframe for resolution of any particular complaint will depend on a variety of factors, such as the complexity of the investigation and the severity and extent of the alleged conduct. In addition, if there is a parallel criminal investigation or if the process occurs partially during school breaks, the time needed for investigation and resolution may exceed 60 days. Because timeframes for investigations vary, the School may extend this timeframe for good cause with written notice to the Complainant and the Respondent of the revised timeframe and the reason for it.

Advisors
During any investigation into a complaint of Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking, the Complainant and Respondent have the right to be assisted by an advisor. The advisor’s role can include helping the Complainant /Respondent prepare their statements (whether written or oral) and/or being a nonparticipating supporter at any meeting which may occur. However, the Complainant /Respondent must speak for themselves and present their own cases; while the party may consult with the advisor, the advisor may not present information or make statements or arguments during any meetings which may occur. Furthermore, the advisor may only be present when the person that they Page 14 of 24 are advising is also present. Any person who serves as an advisor should plan to make themselves available for meetings throughout the process. An individual may not serve as an advisor if they are a witness or otherwise have information relevant to the investigation of the complaint. If either the Complainant /Respondent intends to bring an advisor to a meeting, then, in advance of the meeting, the party must notify the VPSA in writing of the advisor’s name, occupation, relationship to the student and relationship to the School, if any. Additional information regarding the role of an advisor in a Student Conduct Meeting is set forth in the Student Conduct Procedures of‌ the Student Rights and Responsibilities, Section 2.D. 

A party may choose to consult with an attorney of their choice at their own expense. Furthermore, because attorneys for the School represent the School, rather than any individual, these attorneys are not available to advise the Complainant or Respondent.

Notice of Meetings

The Complainant and the Respondent will receive timely notice of meetings at which the Complainant, the Respondent, or both, are invited to be present.

Information Available
The Complainant and the Respondent will be provided with timely and equal access to any information that will be reviewed during the Student Conduct Meeting. After receipt of this information, both the Complainant and the Respondent have the opportunity to respond in writing to provide additional information and/or to submit questions to the VPSA that they suggest be posed to the other during the Student Conduct Meeting. The VPSA shall determine, in an exercise of their discretion, whether to pose such questions.

Conflict of Interest
Both the investigation and the Student Conduct Meeting will be conducted by school administrators who do not have a conflict of interest or a potential conflict of interest with the Complainant or the Respondent (e.g., because of familial, intimate, financial, business or other relationship). An administrator will be considered to have a conflict of interest in the event of a circumstance that would prevent them from being impartial in their review of the complaint. For example, no administrator should conduct the investigation or Administrative Meeting, or serve on a Student Conduct Board if their actions are the subject of the complaint.

The Complainant and Respondent shall be given prior notice of the individual(s) who will investigate a complaint or participate in Student Conduct Meetings, either as administrators in the Administrative Meetings or board members in a Student Conduct Board Meeting. Within twenty-four hours of receiving this notice, the Complainant and/or the Respondent shall notify the VPSA if they believe that any of those individuals has a conflict of interest. The notification shall include the basis of the alleged conflict. The VPSA shall determine whether the alleged conflict disqualifies that individual. If an individual is disqualified, the VPSA will select a substitute and the process for identifying conflicts set forth above shall be followed for any such additional individuals. 

Appeal
Either the Complainant or the Respondent may appeal the decision made by the VPSA within five business days after receiving notice of the decision. An appeal must be made to the Title IX Coordinator. An appeal must be made in writing, and must state the basis for the appeal. Appeals are only permitted to proceed if the written notice of the appeal alleges (a) a procedural error occurred; (b) new information exists that would substantially change the outcome of the finding and/or (c) the sanction is disproportionate with the violation.

The appeal shall be decided by an individual with no prior involvement in the initial determination and who does not have a conflict of interest with either party. To this end, the Title IX Coordinator will advise both the Complainant and the Respondent of the individual who will decide the appeal (“Appeal Reviewer”). Within forty-eight (48) hours of receiving this notice, the Complainant and/or the Respondent shall notify the Title IX Coordinator if they believe that the Appeal Reviewer has a conflict of interest that would preclude them from deciding the appeal. The notification shall include the basis of the alleged conflict. The Title IX Coordinator shall determine whether the alleged conflict disqualifies that individual. If an individual is disqualified from a particular appeal, the School will select a substitute and the process for identifying conflicts set forth above shall be followed. 

After the Appeal Reviewer is determined, they will first evaluate the notice of appeal to determine whether one of the three bases for appeal is alleged. If not, the appeal will be dismissed. If so, the Appeal Reviewer will notify the Complainant and the Respondent that the appeal is under consideration as well as whether any change to the prior decision will be made pending resolution of the appeal. The Appeal Reviewer may undertake any inquiries that they deem appropriate. Following their examination of the matter, the Appeal Reviewer may grant or deny the appeal or take any action that they deem appropriate. The Appeal Reviewer will simultaneously notify the Complainant and the Respondent, in writing, of the decision on appeal, any changes to the result, and that the decision is final. This notice must be provided within seven (7) business days of the decision. The Appeal Reviewer will also notify the VPSA of the decision.

Simultaneous Notification
The Complainant and the Respondent will be simultaneously notified, in writing, of the decision; the sanction, if any; the rationale for the result and the sanction; and the appeal process. In the event of an appeal, the Complainant and the Respondent will be simultaneously notified of the decision on appeal, any changes to the result, and that the decision is final. This notice will be provided within seven (7) business days of the decision.

Sanctions
Potential sanctions are set forth in the Student Conduct Procedures section of the  under Sanctions.

Underage Drinking/Drug Protection
SAIC will not find a student responsible for violating the SAIC Rules of Conduct if they are sexually assaulted while under the influence of alcohol or other drugs or if they report, in good faith, an alleged violation of this Policy, and were themselves engaged in underage drinking or illegal use of drugs. SAIC may provide referrals to counseling and may require educational options, rather than pursue conduct proceedings, in such cases. Excluded from this protection are all students accused of encouraging or voluntarily participating in the assault/sexual assault.

Procedures Applicable to Faculty

The Dean of Faculty will proceed in complaints where the Respondent is a faculty member. The following procedures will be used to ensure a prompt, fair and impartial process.

Investigation

The Dean of Faculty will designate an investigator, generally an administrator or senior elected faculty member, to conduct an investigation into the complaint (“Dean’s Designated Investigator”). The Dean’s Designated Investigator is responsible for ensuring that the investigation is prompt, thorough and fair. The Dean’s Designated Investigator may enlist the assistance of Campus Security or others at the School, as needed to discharge this responsibility.

During the investigation, both the Complainant and the Respondent will be offered the opportunity to explain their understanding of the circumstances and offer any additional information that they believe is relevant to the investigation. The Dean’s Designated Investigator may also meet with and/or gather information from other individuals who may have information relevant to the complaint. The Dean’s Designated Investigator will present their investigative findings and recommendation for resolution (“Report and Recommendation”) to the Dean of Faculty.

Resolution
The Dean of Faculty then must determine the appropriate resolution of the complaint. The determination shall be made on the basis of whether it is more likely than not that the alleged offender violated this Policy. The Dean of Faculty will take prompt and appropriate action to stop the prohibited conduct if a violation of this Policy is found. The Dean of Faculty will also take action to ensure that the violation will not recur. Even where a violation is not found, it may be appropriate to counsel individuals regarding their behavior.

Sanctions
Violations of this Policy can lead to corrective action ranging from a notation in the file of faculty member violating the Policy, up to and including termination. If termination is the recommended action, the Dean of Faculty will advise the President of the School. If the President accepts the recommendation, the faculty member will be terminated immediately, with the exception of faculty members with tenure or whose term appointment has not expired, for those faculty, the matter will proceed in accordance with Section 9.C. AAUP Statements on Academic Due Process Procedures, in the Faculty Handbook Supplement.

Appeal
Either the Complainant or the Respondent may make an appeal based on new information within five (5) business days after receiving notice of the decision. An appeal must be made in writing, must be submitted to the Dean of Faculty, and must state the basis for appeal. Appeals are only permitted to proceed if the written notice of appeal indicates that there is new information that was not available at the time of the investigation and resolution. If the notice indicates that there is such new information, the Dean of Faculty will notify the Complainant and the Respondent of the need to follow up on the new information as well as whether any change to the prior decision will be made pending resolution of the appeal. The new information will be considered using the procedures set forth above and will be used to reach a decision. The Dean of Faculty shall resolve the appeal.

Time Frame for Investigation Resolution
SAIC will complete the investigation and resolution of a complaint of Sexual Assault, Domestic Violence, Dating Violence, and/ or Stalking as promptly as possible. As a general matter, SAIC strives to complete its investigation and resolution (not including the appeal) of this type of complaint within 60 days; however, the timeframe for resolution of any particular complaint will depend on a variety of factors, such as the complexity of the investigation and the severity and extent of the alleged conduct. In addition, if there is a parallel criminal investigation or if the process occurs partially during school breaks, the time needed for investigation and resolution may exceed 60 days. Because timeframes for investigations vary, the School may extend this timeframe for good cause with written notice to the Complainant and the Respondent of the revised timeframe and the reason for it.

Advisor
During any investigation into a complaint of Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking, the Complainant and Respondent have the right to be assisted by an advisor. The advisor’s role can include helping the Complainant / Respondent prepare their statements (whether written or oral) and/or being a nonparticipating supporter at any meeting which may occur. However, the Complainant / Respondent must speak for themselves and present their own cases; while the party may consult with the advisor, the advisor may not present information or make statements or arguments during any meetings which may occur. Furthermore, the advisor may only be present when the person that they are advising is also present. Any person who serves as an advisor should plan to make themselves available for meetings throughout the process. If either the Complainant /Respondent intends to bring an advisor to a meeting, then, in advance of the meeting, the party must notify the Dean of Faculty in writing of the advisor’s name, contact information, and whether the advisor is an attorney.

A party may choose to consult with an attorney of their choice at their own expense. Furthermore, because attorneys for the School represent the School, rather than any individual, these attorneys are not available to advise the Complainant or Respondent.

Conflict of Interest
Both the investigation and resolution of a complaint will be conducted by school administrators who do not have a conflict of interest or a potential conflict of interest with the Complainant or the Respondent (e.g., because of familial, intimate, financial, business or other relationship). An administrator will be considered to have a conflict of interest in the event of a circumstance that would prevent them from being impartial in their review of the complaint. For example, no administrator should conduct the investigation or make the determination if their actions are the subject of the complaint. If a question arises as to whether the Dean of Faculty has a conflict of interest, the Title IX Coordinator will review the alleged conflict and determine whether the Dean of Faculty may preside over the complaint and, if not, will designate another administrator to perform this role.

Procedures Applicable to Staff

The Vice President of Human Resources will proceed in matters where the Respondent is a staff member. The following procedures will be used to ensure a prompt, fair and impartial process.

Investigation
The investigation typically includes interviews with the person who filed the complaint, any witnesses, and the person accused of the policy violation. During the investigation, the Respondent and the Complainant will each be offered the opportunity to explain their understanding of the circumstances and offer any additional information that they believe is relevant to the investigation.

Resolution
An immediate goal of this Policy is to take prompt and appropriate action to stop the prohibited conduct if a violation of this Policy is found. The determination shall be made on the basis of whether it is more likely than not that the Respondent violated this Policy. A second goal is to assure that the violation will not recur. Even where a violation is not found, it may be appropriate to counsel individuals regarding their behavior.

Sanction
Violations of this Policy can lead to corrective action ranging from a notation in the file of the individual(s) violating the Policy, up to and including termination. Violations of this Policy are serious, since they not only may place the Museum and School at risk, but also undermine our basic concept of fairness and respect.

Appeals
Either the Complainant or the Respondent may make an appeal based on new information within five (5) business days after receiving notice of the decision. An appeal must be made in writing, must be submitted to the Vice President of Human Resources, and must state the basis for appeal. Appeals are only permitted to proceed if the written notice of appeal indicates that there is new information that was not available at the time of the investigation and resolution. If the notice indicates that there is such new information, the Vice President of Human Resources will notify the Complainant and the Respondent of the need to follow up on the new information as well as whether any change to the prior decision will be made pending resolution of the appeal. The new information will be considered using the procedures set forth above and will be used to reach a decision. The Vice President of Human Resources shall resolve the appeal.

Time Frame for Investigation Resolution

SAIC will complete the investigation and resolution of a complaint of Sexual Assault, Domestic Violence, Dating Violence, and/ or Stalking as promptly as possible. As a general matter, SAIC strives to complete its investigation and resolution (not including the appeal) of this type of complaint within 60 days; however, the timeframe for resolution of any particular complaint will depend on a variety of factors, such as the complexity of the investigation and the severity and extent of the alleged conduct. In addition, if there is a parallel criminal investigation or if the process occurs partially during school breaks, the time needed for investigation and resolution may exceed 60 days. Because timeframes for investigations vary, the School may extend this timeframe for good cause with written notice to the Complainant and the Respondent of the revised timeframe and the reason for it.

Advisor: During any investigation into a complaint of Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking, the Complainant and Respondent have the right to be assisted by an advisor. The advisor’s role can include helping the Complainant / Respondent prepare their statements (whether written or oral) and/or being a nonparticipating supporter at any meeting which may occur. However, the Complainant / Respondent must speak for themselves and present their own cases; while the party may consult with the advisor, the advisor may not present information or make statements or arguments during any meetings which may occur. Furthermore, the advisor may only be present when the person that they are advising is also present. Any person who serves as an advisor should plan to make themselves available for meetings throughout the process. If either the Complainant /Respondent intends to bring an advisor to a meeting, then, in advance of the meeting, the party must notify the ice President of Human Resources in writing of the advisor’s name, contact information, and whether the advisor is an attorney.

A party may choose to consult with an attorney of their choice at their own expense. Furthermore, because attorneys for the School represent the School, rather than any individual, these attorneys are not available to advise the Complainant or Respondent.

Conflict of Interest
Both the investigation and resolution of a complaint will be conducted by administrators who do not have a conflict of interest or a potential conflict of interest with the Complainant or the Respondent (e.g., because of familial, intimate, financial, business or other relationship). An administrator will be considered to have a conflict of interest in the event of a circumstance that would prevent them from being impartial in their review of the complaint. For example, no administrator should conduct the investigation or make the determination if their actions are the subject of the complaint. If a question arises as to whether the Vice President of Human Resources has a conflict of interest, the Provost will review the alleged conflict and determine whether the Vice President of Human Resources may preside over the complaint and, if not, will designate another administrator to perform this role.