In accord with the federal law entitled Campus Sexual Violence Elimination Act, or Campus SaVE Act, enacted as part of the Violence Against Women Reauthorization Act of 2013, 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. SAIC has professional staff who will assist student victims in obtaining help, including immediate medical care, counseling and other essential services. 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 sanctions. Students who violate school policy are subject to the Student Conduct Procedures and may also be the subject of a criminal prosecution and/or a civil lawsuit. Procedures applicable to staff are found in the Employee Guidelines and procedures applicable to faculty are found in the Faculty Policy

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 Student Handbook.

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 actions. 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.

The following points are important aspects of affirmative consent:

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 any 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.

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. 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.

II. Reporting

Victims of Sexual Assault, Relationship Violence, and/or Stalking are encouraged to report these incidents to the police by dialing 911 (or 8-911 from a campus building) or to seek immediate assistance by going to a local emergency room. Another nonschool resource is the Rape Crisis Hotline 888.293.2080. (See “What to Do if You are the Victim of Sexual Assault” for more information).

Victims are also encouraged to report these incidents to Campus Security or the Director of Student Outreach in the Office of Student Affairs. An SAIC staff member will offer to accompany a student 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.

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. On SAIC’s campus, the professional, licensed counselors in the Counseling Services in
the Wellness Center are the sole exception to this reporting obligation. This distinction is explained in more detail:

Confidential Communications

If a 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.

On-Campus: 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. The contact information for these individuals is listed on pages 126–127 of the Student Handbook 2014.

Off-Campus: Off-campus counselors, advocates, and health care providers will also 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 on pages 126–127 of the Student Handbook 2014.

Reports Made to SAIC Generally Are Not Confidential
Generally SAIC employees, including but not limited to Campus Security or the Director of Student Outreach in the Office of Student Affairs, 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 an SAIC employee (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 student’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  offender that SAIC made the decision to go forward.

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

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

Regardless of whether the student chooses to make a report to the police, SAIC will work with students to provide the 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. Students may request that directory information on file be removed from public sources by submitting a written request to SAIC’s Office of Registration and Records.

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.

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:

Investigation and Resolution
If the alleged offender is a student, the Student Conduct Procedures will be utilized. Please refer to Student Conduct Procedures in the SAIC Student Handbook 2014 for details regarding these procedures.

SAIC administrators involved in the investigation or resolution of complaints of Sexual Assault, Relationship Violence, and/or Stalking receive annual training on these issues. In some cases, a student may also have a staff position or a teaching assignment or a complaint may involve students, faculty, and/or staff members. These different roles may involve more than one administrator and SAIC administrators may coordinate the investigation and resolution of the complaint. SAIC administrators have the discretion to use an existing review process or to coordinate processes in a manner suited to the particular complaint presented. The complainant and the alleged offender will be advised of the applicable process as well as the outcome of the investigation and resolution. Potential sanctions are set forth in the Student Conduct Procedures section of this Handbook under Sanctions.

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, the School will give the complainant and the alleged offender periodic updates on the anticipated timeframe throughout the process.

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: victimsofcrime.org

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 used 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 your partner exerts control through:

Adapted from the National Domestic Violence Hotline: thehotline.org

How to Get Help

Adapted from the National Domestic Violence Hotline: thehotline.org

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: victimsofcrime.org


Keeping Safe when Traveling Around Campus and the City

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:

If you become aware that an SAIC student is the victim of Sexual Assault, Relationship Violence, or Stalking, contact the Chicago Police Department (911), Campus Security or the Director of Student Outreach. Additional resources are listed below.

Resources

Students who experience a Sexual Assault, Relationship Violence, or Stalking have numerous options and support services available to them, including medical and psychological services as well as administrative, disciplinary and legal options. Please see Reporting and Confidentially Disclosing Sexual Violence (page 116) 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, seven days a week
Ask to speak to supervisor on duty

Director of Student Conflict Resolution
Office of Student Affairs
312.629.6800

Academic Advising
312.629.6800
studenthelp@saic.edu

Counseling Services
312.339.4271
counselingservices@saic.edu

Health Services
312.499.4288
healthservices@saic.edu

Residence Life
312.629.6870
student_life@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 Students
Felice Dublon, P.D
Vice President and Dean of Student Affairs
The Office of Student Affairs
36 S. Wabash Ave., suite 1204
Chicago, IL 60603
312.629.6800
fdublon@saic.edu

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
312.527.0730
1 E. Wacker Dr., suite 1630
Chicago, IL 60601

The National Domestic Violence Hotline
800.799.7233

Northwestern Memorial Hospital

312.926.5188

Emergency Department
250 E. Erie St.
Chicago, IL 60611

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. 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:

Clery Act

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.


Applicable Illinois State Law

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

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 this website.