In accord with the Campus Sexual Violence Elimination Act, or Campus SaVE Act, enacted as part of the Violence Against Women Reauthorization Act of 2013, as well as Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex, including but not limited, to sexual assault, SAIC adopts the following policy.

Sexual Assault, Relationship Violence (including Domestic Violence and Dating Violence), and Stalking are unacceptable and are not tolerated at SAIC. Retaliation, as defined below, is also prohibited.

SAIC encourages anyone who has been subjected to Sexual Assault, Relationship Violence, and/or Stalking to seek appropriate treatment and to report the incident promptly to the police and/or SAIC officials. Specific policies, methods for reporting and seeking treatment, and resources are described below.

If the alleged offender is also a member of the SAIC community, SAIC will take prompt action to investigate, and, where appropriate, to impose a sanction. Faculty members who violate this policy are subject to the procedures set forth below. Procedures applicable to students are found in the Student Handbook and procedures applicable to staff are found in the Employee Guidelines. 

I. Definitions

Sexual Assault is any touching, fondling, or penetration by the accused, either directly or through the clothing, of the person’s breasts, anal or genital areas, or other intimate parts, without Affirmative Consent, as defined below. Sexual Assault is an extreme form of sexual harassment. See Policy on Discrimination, Harassment and Retaliation in the Faculty Handbook Legal Supplement.

Affirmative Consent maintains the value that all persons have the right to feel respected, acknowledged, and safe during sexual interactions. Consent to sexual activities must be freely given and must be clearly and unambiguously expressed, by word or action. Silence, lack of protest, or an existing or prior relationship between the individuals does not necessarily indicate that consent has been given. Intoxication of the alleged offender is not a defense to sexual assault.

A person cannot give consent if they are underage (in Illinois, the age of consent is 17), intoxicated by drugs or alcohol, or temporarily or permanently mentally or physically unable to do so. If a person is asleep, drunk, or under the influence of drugs, that person cannot give consent, and a sexual act with that person would constitute sexual assault.

Relationship Violence is a pattern of physical, emotional, verbal, and/or sexual abuse, which includes, but is not limited to, threats, intimidation, isolation, and/or financial control. Relationship Violence is an intentional pattern of behavior that is used by one person as a means to harm and take power and control over another person. Relationship Violence includes both Domestic Violence and Dating Violence.

Domestic Violence is Relationship Violence that occurs in the context of a family, roommate, or caretaker relationship.

Dating Violence is Relationship Violence that occurs between individuals who are in, or have been in, a romantic or intimate relationship.

Stalking is 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 a third party) or suffer emotional distress.

Retaliation against anyone reporting, participating in, or thought to have reported or participated in an allegation or investigation regarding Sexual Assault, Relationship Violence, or Stalking is also prohibited. Retaliation will be treated as a violation of this policy regardless of whether any report of Sexual Assault, Relationship Violence, or Stalking is substantiated. Retaliation is defined as an adverse or negative action against an individual because that individual has:

Knowingly false accusations are prohibited and will be treated as violations of this policy. Submission of a good faith complaint or report of Sexual Assault, Relationship Violence, or Stalking that turns out to be unsubstantiated is not a violation of the policy.

II. Reporting

A. Police/Campus Security

Victims of Sexual Assault, Relationship Violence, and/or Stalking are encouraged to report these incidents to the police (by dialing 911) or to seek immediate assistance by going to a local emergency room. Another non-school resource is the Rape Crisis Hotline 888.293.2080.

On campus, victims are encouraged to report these incidents to Campus Security at 312.899.1230. An SAIC staff member is available to accompany the victim to a medical facility or to speak to the police.

Although SAIC encourages all members of its community to report any incidents of Sexual Assault, Relationship Violence, and/or Stalking to the police, it is the victim’s choice whether to make a report, and victims can decline involvement with the police.

SAIC does not publicize the name of crime victims nor does it include identifiable information in Campus Security’s Daily Crime Log.

B. Dean of Faculty

Faculty members who believe they have been subjected to Sexual Assault, Relationship Violence, and/or Stalking, are encouraged to report the incident as soon as possible to the Dean of Faculty (or their designee).

If a faculty member believes that the Dean of Faculty is responsible for a violation of this policy, the incident should be reported to the Provost and/or to the Vice President for Human Resources.

C. Reporting and Confidentially Disclosing Sexual Violence

As indicated above, SAIC encourages victims of sexual violence to talk to someone about what happened—so victims can get the support that they need and so SAIC can respond appropriately. Different employees on campus have different abilities to maintain a victim's confidentiality. Most SAIC employees cannot maintain a victim's confidentiality because of legally imposed reporting obligations. Although these employees will handle any information regarding sexual violence with discretion; they must report the details of the incident to the Title IX Coordinator or a Deputy Title IX Coordinator. The only employees excepted from this reporting obligation are the professional, licensed counselors in the Counseling Services in SAIC's Wellness Center which provides services to SAIC students. This distinction is explained in more detail below:

Confidential Communications

For Faculty: SAIC does not employ any professional, licensed counselors for its faculty or other employees. Thus, a faculty member who seeks to maintain confidentiality is encouraged to use outside resources, such as counselors, advocates, and health care providers who will generally maintain confidentiality and not share information with SAIC unless the victim requests disclosure and signs a consent form. The contact information for these off-campus resources is listed below in Section IV. Resources.

For students: For SAIC students, SAIC provides Counseling Services in our Wellness Center. Professional, licensed counselors who provide mental-health counseling to students are not required to report any information about an incident to the Title IX Coordinator. If a student victim seeks to discuss what happened with someone who can maintain his or her confidentiality, then he or she may speak to SAIC's professional, licensed counselors or seek off-campus resources.

Reports Made to SAIC Generally Are Not Confidential

Generally SAIC employees, including but not limited to Campus Security, faculty, and administrative staff, such as the Dean of Faculty, are required to report all the details of an incident (including the identity of both the victim and the alleged perpetrator) to the Title IX Coordinator or one of the Deputy Title IX Coordinators. SAIC will handle this information with discretion. Disclosure of this information will be made to administrators or participants in an investigation only as necessary to properly investigate and resolve the matter. Although SAIC seeks to limit the disclosure of this information, it is not possible to guarantee complete confidentiality.

If the victim does not inform SAIC of the name of the alleged offender, SAIC's ability to investigate and take appropriate action will be limited.

If a victim tells anyone employed by SAIC (who is not a professional, licensed counselor) about an incident of sexual violence, but requests that his or her 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 students. The Title IX Coordinator (or his or her designee) will consider any such request. The Title IX Coordinator (or his or her designee) may seek counsel from the Deputy Title IX Coordinators or any other person whom she or he believes will offer valuable counsel. SAIC will advise the victim if it determines that it must disclose the victim's identity to the alleged offender; SAIC will endeavor to notify the victim prior to making the disclosure. In addition, if the victim requests that SAIC tell the alleged offender that the victim asked SAIC not to investigate or seek discipline, SAIC will inform the alleged offender that SAIC made the decision to go forward.

III. Assistance in the Event of Sexual Assault, Relationship Violence, or Stalking

Regardless of whether the victim chooses to make a report to the police, SAIC will work with victims to provide assistance (if these measures are requested and are reasonably available), including, but not limited to:

These measures may be applied to one, both, or multiple parties involved.

IV. SAIC Complaint Process

This section of the policy sets forth an internal administrative policy to address Sexual Assault, Relationship Violence, and/or Stalking alleged to have been committed by a member of the SAIC community. It is not a legal proceeding. This process can take place before, during, or after criminal and/or civil proceedings related to the same incident. These procedures are designed to provide a prompt, fair, and impartial internal investigation and resolution of the alleged misconduct.

A. Review of Complaint

All complaints of Sexual Assault, Relationship Violence, and/or Stalking will be investigated as promptly as possible. The administrator responsible for the prompt investigation and appropriate resolution will depend on the status of the alleged offender. If the alleged offender is a:

Whenever appropriate, these administrators will coordinate the investigation and resolution of a complaint. The named Vice Presidents have the discretion to select and apply one of the existing processes or to coordinate processes in a manner suited to the particular complaint presented. The complainant and the alleged offender will be advised of the process to be followed. In no event, however, shall a complaint of Sexual Assault, Relationship Violence, or Stalking proceed simultaneously through more than one internal procedure. 

B. Investigation and Resolution

The Dean of Faculty (or their designee) will proceed in matters where the alleged offender is a faculty member.  During the investigation, each party 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. Every effort will be made to promptly investigate and resolve the complaint; however, a thorough review may take some time.

The Dean of Faculty (or their designee) 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 (or their designee) may seek counsel from the Vice President of Human Relations or any other person whom they believe will offer valuable counsel.

Both complainant and the alleged offender will be simultaneously informed, in writing, whether Sexual Assault, Relationship Violence, or Stalking in violation of this policy was found to have occurred. 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.

Violations of this policy can lead to corrective action ranging from a notation in the file of individual(s) 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 matter will proceed in accordance with Section 9.C. AAUP Statements on Academic Due Process Procedures, of the Faculty Handbook Supplement.

SAIC will complete the investigation and resolution of the complaint as promptly as possible. As a general matter, SAIC strives to complete its investigation and resolution of a 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, SAIC will give the complainant and the alleged offender periodic updates on the anticipated timeframe throughout the process.

C. Appeals

Either the complainant or the alleged offender 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 alleged offender 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 and notify both parties of the decision, any sanction that is imposed, and when such results become final.

SAIC administrators involved in the investigation or resolution of complaints of Sexual Assault, Relationship Violence, and/or Stalking receive annual training these issues.

D. Advisor

The complainant and the alleged offender each may have an advisor to assist them if they wish. The advisor’s role can include helping the party prepare their statements (whether written or oral) and/or being a nonparticipating supporter at any meeting which may occur. However, the complainant and the alleged offender 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. If either the complainant or the alleged offender intends to bring an advisor to a meeting, then, in advance of the meeting, the party must notify the Dean of Faculty (or designee) in writing of the advisor’s name, contact information, and whether the advisor is an attorney.

V. Information Regarding Sexual Assault, Relationship Violence, and Stalking

A. What to Do if You are the Victim of Sexual Assault

Adapted from the National Center for Victims of Crime

B. Relationship Violence—Warning Signs and How to Get Help

Relationship violence can happen to anyone of any race, age, sexual orientation, religion, or gender.

It can happen to couples who are married, living together, or dating. Relationship violence affects people of all socioeconomic backgrounds and education levels.

Abuse is a repetitive pattern of behaviors to maintain power and control over an intimate partner. These are behaviors that physically harm, arouse fear, prevent a partner from doing what they wish, or force them to behave in ways they do not want. Abuse includes the use of physical and sexual violence, threats and intimidation, emotional abuse, and economic deprivation. Many of these different forms of abuse can be going on at any one time.

You may be experiencing physical abuse if your partner has done or repeatedly does any of the following tactics of abuse:

You may be in an emotionally abusive relationship if you partner exerts control through:

Adapted from the National Domestic Violence Hotline

How to get help:

Adapted from the National Domestic Violence Hotline

C. Stalking—Warning Signs and How to Get Help

Stalking is a crime. A stalker can be someone you know well or not at all. Most have dated or been involved with the people they stalk. Most stalking cases involve men stalking women, but men do stalk men, women do stalk women, and women do stalk men.

Stalkers may:

How to get help if you are being stalked:

Stalking is unpredictable and dangerous. No two stalking situations are alike. There are no guarantees that what works for one person will work for another, yet you can take steps to increase your safety.

Adapted from the National Center for Victims of Crime

D. What to Do if Someone You Know is at Risk of Sexual Assault, Relationship Violence or Stalking

SAIC is a community, and we all have a responsibility to support each other. A “bystander” is someone other than the victim who is present when an act of Sexual Assault, Relationship Violence, or Stalking is occurring or when a situation is occurring in which a reasonable person feels as though some protective action is required to prevent Sexual Assault, Relationship Violence, or Stalking. Bystanders, if active, can prevent harm or intervene before a situation gets worse. Examples of active bystander intervention include:           

VI. Resources

Faculty members who experience a Sexual Assault, Relationship Violence, or Stalking have numerous options and support services available to them. Please see above Section II.C, Reporting and Confidentially Disclosing Sexual Violence which explains the duties of various SAIC employees with respect to confidentiality.

On-Campus Resources

SAIC Campus Security
312.899.1230
Available 24 hours a day, 7 days a week:
Ask to speak to supervisor on duty

Dean of Faculty and Vice President of Academic Affairs
Lisa Wainwright
37 S Wabash Ave., suite 821
Chicago, IL 60603
312.899.1236
lwainwright@saic.edu

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

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

Employee Assistance Program
800.311.4327 

Off-Campus Resources

Chicago Police Department
911 for emergency calls
311 for nonemergency calls

Chicago Domestic Violence Helpline
877.863.6338

Chicago Metropolitan Battered Women’s Network
1 E. Wacker Dr., suite 1630
Chicago, IL 60601
312.527.0730

The National Domestic Violence Hotline
800.799.7233

Northwestern Memorial Hospital
Emergency Department
250 E. Erie St.
Chicago, IL 60611
312.926.5188

Rape Crisis Hotline
888.293.2080

Rape Victim Advocates
312.443.9603
180 N. Michigan Ave., suite 600
Chicago, IL 60601
rapevictimadvocates.org

YWCA Metropolitan Chicago
312.372.6600
1 N. LaSalle St., suite 1150
Chicago, IL 60602
ywcachicago.org

VII. SAIC Education and Prevention Programs

SAIC provides education programs to promote awareness of Sexual Assault, Relationship Violence, and Stalking. Educational programming consists of primary prevention and awareness programs for all incoming students and new staff and faculty and ongoing awareness and prevention campaigns for students, staff and faculty that:

SAIC has developed an annual educational campaign consisting of presentations that include: New Student Orientation, New Employee Orientation, New Faculty Orientation, Communication Program (to include signage, brochures, and email), Campus Security Authorities, Investigator/Adjudicator Training, Web-based Manager Training, and Security Officer Training.

VIII. Victims' Economic Security and Safety Act Leave (VESSA)

In compliance with the Illinois Victims’ Economic Security and Safety Act (VESSA), the School/AIC will provide an employee who is a victim of domestic violence or who has a family or household member who is a victim of domestic violence with up to twelve (12) weeks of unpaid leave per any twelve month period to address issues arising from domestic or sexual violence. See full policy in the Faculty Handbook - Legal Supplement [PDF] at Section 4.F.

IX. Other Applicable Illinois State Law

Definition of “Consent” [PDF]Aggravated Stalking, 720 ILCS 5/12-7.4Cyberstalking 720 ILCS 5/12-7.5
Illinois Domestic Violence Act of 1986 750 ILCS 60 [PDF]Stalking 720 ILCS 5/12-7.3

Illinois Stalking Statutes

Aggravated Stalking, 720 ILCS 5/12-7.4 [PDF]
Cyberstalking 720 ILCS 5/12-7.5 [PDF]
Stalking 720 ILCS 5/12-7.3 [PDF]

X. Orders of Protection

Orders of protection (commonly referred to as restraining orders) are legal orders, put in place by a judge, that restrict or limit the amount of contact a person can have with another person.  

SAIC takes all existing orders of protection seriously.  

If you have an order of protection, protecting you from someone else, we ask that you please inform Campus Security so that they have it on record. This will help SAIC in case there is an issue with the offender. To do so, please email Dave Martino, Executive Director of Campus Security, dmartino@saic.edu or stop into the Campus Security office.

If you are having an issue with a person, Campus Security can help explain the legal process for obtaining an order of protection. 

For more information on obtaining an order of protection, please visit WomensLaw.org