Title IX - Sexual Misconduct and Sex-Based Harassment

The University is committed to ensuring the safety and security of all its members. Sexual misconduct is a serious violation of the standards set by the University since it creates an

atmosphere of distrust and inequality and will not be tolerated. Sexual misconduct includes sex-based harassment, sexual abuse, sexual assault or rape, domestic violence, dating violence and stalking. Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. These policies and procedures  establish a protocol whereby those who believe they have been subjected to sex-based harassment and/or sexual misconduct may obtain redress promptly and equitably through the policies and procedures of the University.

This policy applies to all members of the University community, regardless of position/status, race; color; religion; creed; national origin or ancestry; ethnicity; sex (including  pregnancy); gender (including gender expression, gender identity; and sexual orientation); marital  status; age; disability; citizenship; past, current, or prospective service in the uniformed services; genetic information; or any other protected classes recognized by state or local  laws, or any other characteristic protected under applicable federal, state, or local laws.

Each member of the University community is expected to promptly report complaints about violations. Any student found to be in violation of the Title IX sex-based harassment or sexual misconduct policies shall be subject to disciplinary action, which may include, but is not limited to, disciplinary warning, disciplinary probation, suspension, or dismissal. Any action taken by the University does not preclude or limit other redress such as the University reporting to or working with law enforcement agencies. Midwestern University is independent of actions taken by external law enforcement agencies. Nothing about this policy is intended to limit the independent acts of law enforcement agencies.

No Retaliation Statement

No action shall be taken against anyone who submits a complaint that they believe to be valid regardless of the outcome of the investigation; however, any person found to be intentionally dishonest in making the allegations or to have made them maliciously is subject to University discipline.

Title IX

Title IX of the Educational Amendments of 1972 prohibits sexual discrimination. Sexual harassment and sexual violence are considered forms of sexual discrimination and are therefore violations of Title IX. The Title IX statute applies to persons in the United States with respect to education programs or activities that receive Federal financial assistance. Universities must respond when sexual harassment occurs in the University’s education program. Violations of the University Sexual Misconduct Policy must be reported to Dr. Shannon Sesterhenn, Dean of Students, the Title IX Coordinator for the Illinois and Glendale Campuses. Reports can also be reported to Dr. Shawn Tennant or Ms. Julie High Horse Gregg for the AZ Campus or Dr. Megan Dallianis or Ms. Lori Vozari for the IL Campus, who serve as Deputy Title IX Coordinators for those respective campuses. In addition, students can report perceived Title IX violations to the Student Counselors on either campus, who serve as a confidential resource to students (see “Confidentiality” section below for details).

Sex-Based Harassment Definition According to Title IX

Sex-based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

1. Quid pro quo harassment. An employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
2. Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
   1. The degree to which the conduct affected the complainant’s ability to access the recipient’s education program or activity;
   2. The type, frequency, and duration of the conduct;
   3. The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
   4. The location of the conduct and the context in which the conduct occurred; and
   5. Other sex-based harassment in the recipient’s education program or activity; or
3. Specific offenses.
   1. Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
   2. Dating violence meaning violence committed by a person:
      1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
      2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
         1. The length of the relationship;
         2. The type of relationship; and
         3. The frequency of interaction between the persons involved in the relationship;
   3. Domestic violence meaning felony or misdemeanor crimes committed by a person who:
      1. Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the recipient, or a person similarly situated to a spouse of the victim;
      2. Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
      3. Shares a child in common with the victim; or
      4. Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or
   4. Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
      1. Fear for the person’s safety or the safety of others; or
      2. Suffer substantial emotional distress.

Confidentiality

Employees of the University, including Resident Assistants in Housing, are required to report incidents of sexual misconduct to the Title IX Coordinator. Campus counselors are not required to report incidents of sexual misconduct to the school in a way that identifies the student. Thus, the Student Counselors can be approached in confidence or as confidential resources.

Midwestern University (Title IX Coordinator and Student Counselors) will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures; however, Midwestern University cannot guarantee absolute anonymity or privacy where certain information is required to faithfully execute the grievance process.  Midwestern University will, however, attempt to disclose the minimum necessary to faithfully execute the grievance process. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses. Furthermore, the University may determine that its requirement to provide a safe, non-hostile and nondiscriminatory environment for all students supersedes the confidentiality request of the student reporting the violation (complainant).

Midwestern University Definition of Consent

Consent is a freely given agreement to the act of sexual penetration or sexual conduct in question that may be withdrawn at any time. Lack of verbal or physical resistance or submission by the complainant resulting from the use of force or threat of force by the respondent shall not constitute consent. Silence is not consent. The absence of refusal is not consent. The manner of dress of the complainant at the time of the offense shall not constitute consent. A current dating relationship or past sexual relations does not imply consent. 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 they withdraw consent during the course of that sexual penetration or sexual conduct. Consent to engage in sexual activity with one person does not extend to another person.

Consent can only be given by an individual that understands the nature of the activity. The following individuals cannot give consent:

1. An individual who is impaired due to alcohol or drug ingestion.
2. Sleeping or unconscious person.
3. An individual under the age of 17.
4. An individual who is incapacitated due to a mental disability.

Arizona - Sexual Misconduct Definitions

Domestic Violence

Domestic violence means any act which is a dangerous crime against children as defined in section A.R.S. 13-705 (dangerous crimes against children) or an offense defined in section A.R.S. 13-1201 through 13-1204 (endangerment, threatening or intimidating, assault, aggravated assault), A.R.S. 13-1302 through A.R.S. 13-1304 (custodial interference, unlawful imprisonment, kidnapping) A.R.S. 13-1502 through A.R.S. 13-1504 (criminal trespass in the third, second and first degree) or A.R.S. 13-1602, (criminal damage); section A.R.S. 13-2810 (interfering with judicial proceedings), section A.R.S. 13-2904, subsection A, paragraph 1, 2, 3 or 6 (disorderly conduct), section A.R.S. 13-2916 (use of telephone to terrify, intimidate, threaten, harass, annoy or offend) or section A.R.S. 13-2921 (harassment), A.R.S. 13-2921.01 (aggravated harassment), A.R.S. 13-2923 (stalking), 13-3019 (surreptitious photographing, videotaping, filming or digitally recording or viewing), 13-3601.02 (aggravated domestic violence) or 13-3623 (child or vulnerable adult abuse), if any of the following applies:

1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
2. The victim and the defendant have a child in common.
3. The victim or the defendant is pregnant by the other party.
4. The victim is related to the defendant or the defendant’s spouse by blood or court order a a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.

Oral Sexual Contact

Oral sexual contact means oral contact with the penis, vulva or anus.

Sexual Abuse

A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the breast.

Sexual Assault

A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.

Sexual Conduct

Sexual contact means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or breast by any part of the body or by any object or causing a person to engage in such contact.

Sexual Harassment

Sexual harassment is a form of harassment that may involve the behavior of a person against another person and occurs when such behavior constitutes unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical behavior of a sexual nature where:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education or employment; or
2. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual’s welfare; or
3. Such conduct has the purpose or effect of substantially interfering with an individual’s welfare, academic or work performance, or creates an intimidating, hostile, offensive, or demeaning education or work environment.

Sexual Intercourse

Sexual intercourse means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.

Stalking

A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either: 1) Would cause a reasonable person to fear for the person’s safety or the safety of that person’s immediate family member and that person in fact fears for the person’s safety or the safety of that person’s immediate family member; or 2) Would cause a reasonable person to fear death of that person or that person’s immediate family member and that person in fact fears death of that person or that person’s immediate family member.

Without Consent

Without consent includes any of the following: 1) The victim is coerced by the immediate use or threatened use of force against a person or property. 2) The victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant. For purposes of this subdivision, “mental defect” means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another. 3) The victim is intentionally deceived as to the nature of the act. 4) The victim is intentionally deceived to erroneously believe that the person is the victim’s spouse.

Illinois - Sexual Misconduct Definitions

Dating Violence

Dating violence means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.

Domestic Violence

Domestic violence includes asserted violent misdemeanor and felony offenses committed by the victims current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

Force or threat of Force

Force or threat of force means the use of force or violence or the threat of force or violence, including, but not limited to: (1) when the accused threatens to use force or violence on the victim or on any other person, and the victim under the circumstances reasonably believes that the accused has the ability to execute that threat; or (2) when the accused overcomes the victim by use of superior strength or size, physical restraint, or physical confinement.

Sexual Abuse

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.

Sexual Assault

Sexual assault is:

1. An act of sexual penetration under the use or threat of force; or
2. An act of sexual penetration where the accused knows that the victim is unable to understand the nature of the act or is unable to give knowing consent; or
3. An act of sexual penetration in which the accused 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 purpose; or
4. An act of sexual penetration on a victim under the age of consent by Illinois definition.

Sexual Conduct

Sexual conduct means any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused or any part of the body of a child under 13 years of age or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.

Sexual Harassment

Sexual harassment is a form of harassment that may involve the behavior of a person that occurs when such behavior constitutes unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical behavior of a sexual nature where:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education or employment; or
2. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual’s welfare; or
3. Such conduct has the purpose or effect of substantially interfering with an individual’s welfare, academic or work performance, or creates an intimidating, hostile, offensive, or demeaning education or work environment.

Sexual Penetration

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.

Stalking

A person commits stalking when they knowingly engage in a course of conduct directed at a specific person, and they know or should know that this course of conduct would cause a reasonable person to: (1) Fear for their safety or the safety of a third person; or (2) Suffer other emotional distress.

Note: The above definitions are meant for illustrative purposes and are subject to change. The University reserves the right to interpret any of these definitions in any manner supported by law.

Reporting Sexual Misconduct:

All complaints will be received and reviewed by the Dean of Students as the Title IX Coordinator, whether verbally or in writing. The resulting investigation will be undertaken by Deputy Title IX Coordinators and overseen by the Dean of Students. All investigations will result in a subsequent recommendation for resolution with possible sanctions, which will be ultimately determined and enacted by the student(s)’ Academic Dean or Human Resources if an employee is involved. Students reporting violations have the right to file complaints with external law enforcement agencies as well as the University. University and law enforcement investigations will usually be conducted independently and possibly simultaneously. The University standard for determining the validity of a complaint is the ‘clear and convincing’ evidence standard.

Investigations of student complaints that involve another student or students only will be undertaken as stated above. Investigations involving student complaints against a MWU employee(s) or employee complaints against a student are undertaken jointly by Deputy Title IX Coordinators from Student Services and Human Resources. A resolution and possible determination of sanctions against an employee is determined by the Vice President for Human Resources. Student complaints concerning non-sexual harassment or other alleged violations of the Student Code of Conduct are governed under the Student Handbook’s section on Grievances/Complaints or the Student Judicial System, which can be found in Appendix Two Sections, One and Two, respectively, of the Student Handbook.

Students who are charged with sexual misconduct are in violation of the University’s “Code of Responsibilities of the Students of Midwestern University” as stated in Appendix 1 and of the University’s “Bylaws and Regulations of the Code of Responsibilities and Rights of the Students of Midwestern University” stated in Appendix 2 of this handbook. Disciplinary sanctions imposed by the University on students may include, but are not limited to, disciplinary warning, disciplinary probation, suspension, or dismissal. Students charged with violations may also be prosecuted under Illinois or Arizona criminal statutes. Employees will be disciplined according to University Human Resources guidelines. Employees charged with violations may also be prosecuted under Illinois or Arizona criminal statutes.

Grievance Procedures for Sex-Based Harassment, Sexual Misconduct or Sexual Assault

Midwestern University has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator. These grievance procedures address complaints that involve a student party.

Initiating an investigation of sex-based harassment or sexual misconduct:

The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that Midwestern University investigate and make a determination about alleged discrimination under Title IX:

• A “complainant” which includes:
  • A student or employee of Midwestern University who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
  • A person other than a student or employee of Midwestern University who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in Midwestern University’s education program or activity.
  • A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or
  • Midwestern University’s Title IX Coordinator.

Note that a person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the requirements of 34 C.F.R. § 106.44(f)(1)(v).

Midwestern University may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one complainant or more than one respondent is involved, references below to a party, complainant, or respondent include the plural, as applicable.

To institute proceedings regarding allegations of sex-based harassment or sexual misconduct, the following procedures shall be followed:

1.   The nature of the complaint and related circumstances are to be reported, preferably in written detail and submitted to the Dean of Students, as the Title IX Coordinator.

2.   The complaint may remain informal should the reporting person (complainant) so choose, as long as the issue is of such a nature that does not warrant its escalation to a formal process (see 3 below). If the complaint remains informal and the complainant wishes to remain anonymous, then the goal of the informal investigation will be to stop the unwanted behavior.  Should the informal complaint be deemed valid, the Title IX Coordinator will follow the process of dealing with grievances/complaints as is described in Appendix Two, Section One of the Student Handbook.

3.   A formal complaint must include the name of the involved student or employee (the respondent), the name and status of the complainant, and the nature of the alleged act(s). The University will investigate the allegations of a formal complaint and send written notices to both parties (complainants and respondents) of the allegations upon receipt of a formal complaint. The written statement may be sent to the respondent via the University email system or delivered in person. Should the respondent refuse or fail to accept delivery of the statement after a bona fide attempt is made to deliver, the requirement of notification will be considered to have been met. All correspondence related to the proceedings is confidential material. Correspondence to employees will be handled via Human Resources. If the allegations noted in a formal complaint do not meet the definition of sexual harassment or did not occur in the school’s education program or activity against a person in the United States, the University must dismiss such allegations for the purposes of Title IX, but may still address the allegations in any manner the University deems appropriate under the University Code of Conduct (Appendix Two, Sections One and/or Two).

4.   Temporary suspension: Should a student action be of such a nature that it is felt that they must be relieved of their right to attend Midwestern University, the student may be temporarily suspended from the college on recommendation of the Dean of Students. Any temporary suspension may continue until such time as the issue in dispute is resolved under the process outlined below. Suspension of employees will be handled by Human Resources.

5.   Academic Adjustment: Should a student action be of such a nature that it is felt that they must be removed/separated from the complainant, such action will be taken, including reassigning lab/group/rotation assignments and on-campus housing locations on the recommendation of the Dean of Students. Any temporary academic adjustment may continue until such time as the issue in dispute is resolved under the process outlined below.

Guidelines for Title IX Grievance Procedures:

Midwestern University will treat complainants and respondents equitably.

Midwestern University requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. As long as there is no conflict of interest or bias, a decisionmaker may be the same person as the Title IX Coordinator or investigator.

Midwestern University presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

Midwestern University has established the following timeframes for the major stages of the grievance procedures: a response for each major stage of the process will typically occur within 5 school days. Major stages include, for example, evaluation (i.e., the decision whether to dismiss or investigate a complaint); investigation; determination; and appeal, if any.

Midwestern University will notify all parties of reasonable extensions of timeframes determined to be necessary for good cause with the reason for delay.

Midwestern University will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures; however, Midwestern University cannot guarantee absolute anonymity or privacy where certain information is required to faithfully execute the grievance process.  Midwestern University will, however, attempt to disclose the minimum necessary to faithfully execute the grievance process.  These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

Midwestern University will objectively evaluate all evidence that is relevant and not otherwise impermissible—including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by Midwestern University to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

• Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
• A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless Midwestern University obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
• Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

Written Notice of Allegations

Upon initiation of these Title IX grievance procedures, Midwestern University will notify the parties in writing of the following with sufficient time for the parties to prepare a response before any initial interview:

• Midwestern University’s Title IX grievance procedures and any informal resolution process;
• Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex-based harassment, and the date(s) and location(s) of the alleged incident(s);
• Retaliation is prohibited;
• The respondent is presumed not responsible for the alleged sex-based harassment until a determination is made at the conclusion of the grievance procedures. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker;
• The parties may have an advisor of their choice who may be, but is not required to be, an attorney;
• The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigative report that accurately summarizes this evidence; and

If, in the course of an investigation, Midwestern University decides to investigate additional allegations of sex-based harassment by the respondent toward the complainant that are not included in the written notice or that are included in a consolidated complaint, it will provide written notice of the additional allegations to the parties.

Dismissal of a Complaint

Midwestern University may dismiss a complaint if:

• Midwestern University is unable to identify the respondent after taking reasonable steps to do so;
• The respondent is not participating in Midwestern University’s education program or activity and is not employed by Midwestern University;
• Midwestern University obtains the complainant’s voluntary withdrawal in writing of any or all of the allegations, the Title IX Coordinator declines to initiate a complaint, and Midwestern University determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
• Midwestern University determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, Midwestern University will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, Midwestern University will promptly notify the complainant in writing of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then Midwestern University will notify the parties simultaneously in writing.

Midwestern University will notify the complainant that a dismissal may be appealed on the bases outlined in the Appeals section. If dismissal occurs after the respondent has been notified of the allegations, then Midwestern University will also notify the respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, Midwestern University will follow the procedures outlined in the Appeals section.

When a complaint is dismissed, Midwestern University will, at a minimum:

• Offer supportive measures to the complainant as appropriate;
• If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and

Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within Midwestern University’s education program or activity.

Investigation and Resolution of Conduct Matter

Any issue concerning student conduct will be investigated and resolved by utilizing the office of the Title IX Coordinator (Dean of Students).

Midwestern University will provide for adequate, reliable, and impartial investigation of complaints.

The Title IX Coordinator and/or Title IX Deputy Coordinators is/are authorized to receive informal and formal complaints regarding sex-based harassment or sexual misconduct. The Title IX Coordinator oversees investigations with Title IX Deputies. Following the investigation of a formal complaint (see below), the Title IX Coordinator will arrange for a live hearing that is conducted by the University dedicated decision maker which, for students, is the appropriate Academic Dean. At the completion of a live hearing, the decision maker will determine the validity of the charges and decide on appropriate disciplinary actions in accordance with Appendix One, Section Five of the Student Handbook.

In sexual misconduct cases involving a student(s) and an employee(s) of the University, the decision maker will be the Vice President for Human Resources. Complaints against vendors will be conducted in the same manner as described for employees above.

Method of Resolution

Informal Process

Upon receipt of a verbal or a written complaint lodged against the respondent the Title IX Coordinator will meet with the complainant to determine if the complainant wishes to proceed through an informal or a formal process. If the complainant chooses the informal process, then the Dean of Students, as the Title IX Coordinator, along with Title IX Deputies, will conduct an investigation, meeting with both parties individually, and any other individuals that either party feels is appropriate, with the intent that any substantiated inappropriate behavior be stopped. Should the complainant wish to remain anonymous, all efforts will be taken to do the investigation anonymously. Disciplinary actions/sanctions are not part of an informal process, but rather, that substantiated inappropriate behavior be stopped. In addition, depending on the complainant’s wishes and the determination of wrongdoing, supportive measures and/or any non-disciplinary corrective measures will be taken in accordance with stopping the alleged behaviors from ever recurring. Both parties are also counseled that retaliatory behaviors are not condoned and that such behaviors would be subject to disciplinary actions in accordance with the Complaint/Grievance Policy set forth in Appendix Two, Section One of the Student Handbook. Although a formal hearing is not used for informal complaints, the involved student’s Academic Dean is always contacted and involved with the decision process.

Formal Process

If the complainant chooses to follow a formal process, the Title IX Coordinator will set in motion the process below, including a formal hearing. Both the complainant and the respondent have the right to have an advisor present during all discussions/meetings/interviews/proceedings. The University can provide an advisor upon a student’s request. Students may choose to have a lawyer as their advisor.

• Midwestern University will not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding.
• Midwestern University may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as the restrictions apply equally to the parties.

The burden is on Midwestern University—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

Midwestern University will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.

Midwestern University will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

Midwestern University will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

Midwestern University will provide each party and the party’s advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of sex-based harassment and not otherwise impermissible, in the following manner:

• Midwestern University will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or the same written investigative report that accurately summarizes this evidence.
• Midwestern University will provide a reasonable opportunity to review and respond to the evidence or the investigative report. If a live hearing is conducted as part of the grievance procedures, Midwestern University will provide an opportunity to review the evidence in advance of the live hearing.
• Midwestern University will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance procedures.

Questioning the Parties and Witnesses

Midwestern University will provide a process that enables the decisionmaker to question parties and witnesses in person or via MS Teams to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex-based harassment.

When a live hearing is not part of the grievance process, Midwestern University’s process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, will:

• Allow the investigator or decisionmaker to ask such questions during individual meetings with a party or witness;
• Allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the investigator or decisionmaker during one or more individual meetings, including follow-up meetings, with a party or witness, subject to the procedures for evaluating and limiting questions discussed below.

When a live hearing is conducted, Midwestern University’s process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, will allow the decisionmaker to ask such questions, and either:

• Allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the decisionmaker, subject to the procedures for evaluating and limiting questions discussed below; or
• Allow each party’s advisor to ask any party or witness such questions, subject to the procedures for evaluating and limiting questions discussed below. Such questioning will never be conducted by a party personally.

Procedures for the decisionmaker to evaluate the questions and limitations on questions:

The decisionmaker will determine whether a proposed question is relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The decisionmaker will give a party an opportunity to clarify or revise a question that the decisionmaker determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked.

Refusal to respond to questions and inferences based on refusal to respond to questions:

The decisionmaker may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The decisionmaker will not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.

Procedures for a Live Hearing

Midwestern University will conduct the live hearing with the parties physically present in the same geographic location or, at Midwestern University’s discretion or upon the request of either party, will conduct the live hearing with the parties physically present in separate locations with technology enabling the decisionmaker and parties to simultaneously see and hear the party or witness while that person is speaking.

Midwestern University will create an audio or audiovisual recording or transcript of any live hearing and make it available to the parties for inspection and review.

Determination Whether Sex-Based Harassment Occurred:

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, Midwestern University will:

• Use the standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
• Notify the parties simultaneously in writing of the determination whether sex-based harassment occurred under Title IX including:
  • A description of the alleged sex-based harassment;
  • Information about the policies and procedures that Midwestern University used to evaluate the allegations;
  • The decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex-based harassment occurred;
  • When the decisionmaker finds that sex-based harassment occurred, any disciplinary sanctions Midwestern University will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by Midwestern University to the complainant, and, to the extent appropriate, other students identified by Midwestern University to be experiencing the effects of the sex-based harassment; and
  • procedures and permissible bases for the complainant and respondent to appeal.
• Midwestern University will not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the respondent engaged in prohibited sex discrimination.
• If there is a determination that sex discrimination occurred, as appropriate, the Title IX Coordinator will:
  • Coordinate the provision and implementation of remedies to a complainant and other people Midwestern University identifies as having had equal access to Midwestern University’s education program or activity limited or denied by sex discrimination;
  • Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
  • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within Midwestern University’s education program or activity.
• Comply with the Title IX grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
• Not discipline a party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

Any sanctions that are made will be in accordance with Appendix One, Section Five (Sanctions) of the Student Handbook.  A copy of the Title IX Coordinator’s initial investigation and all information obtained as part of the live hearing will be recorded and summarized in written format. A copy of all of the above stated information will be submitted to the Office of the President.

In a joint investigation with Human Resources which involves a University employee, a copy of the investigation and all supporting evidence will also be submitted to the Vice-President of Human Resources. If the allegations against an employee are confirmed by the Decision Maker, the Human Resources Department will impose the appropriate sanction per Human Resource policy. Typically, within 5 business days (depending on reasonable circumstances) after making a decision and determining a course of action (sanctions) the Decision Maker (appropriate Academic Dean) will notify the respondent in writing of their decision including, if applicable, any disciplinary action. Any disciplinary action must conform to Appendix One, Section Five of the Student Handbook. A copy of the Academic Dean’s decision must be sent to the Title IX Coordinator and the Office of the President for inclusion in the student’s disciplinary file. The complainant (student or employee) reporting the violation will also be notified, in writing, of the outcome of the investigation.

The Vice-President of Human Resources will notify the respondent employee in writing of disciplinary action. The complainant will also be notified, in writing, of the outcome of the investigation. The total investigation should be completed within what would be considered a reasonably prompt amount of time, depending on the circumstances.

The determination regarding responsibility becomes final either on the date that Midwestern University provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.

Appeal Process

Both the complainant reporting the incident and the respondent have the right of appeal to the President of the University. If the respondent or the complainant does not accept the Decision Maker’s (Academic Dean/Vice- President of Human Resources’) decision, the respondent/complainant may appeal to the President within 5 business days of notification of the Decision Maker’s (Academic Dean/Vice-President’s) decision, by submitting a written statement containing the basis and reasons for the appeal including all relevant facts.

Appeals can be made on the following bases:

• Procedural irregularity that would change the outcome;
• New evidence that would change the outcome and that was not reasonably available when the determination or dismissal was made; and
• The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

The President will review all relevant information from the investigation and the transcript and/or the recording of the live hearing. The President will act upon the appeal by (a) confirming the original decision, (b) altering any sanctions imposed, or (c) requesting the respondent/complainant, the Title IX Coordinator, and/or the applicable Academic Dean/Vice-President of Human Relations to submit additional information prior to rendering a decision.

If a party appeals a dismissal or determination whether sex-based harassment occurred, Midwestern University will:

• Notify the parties in writing of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;
• Implement appeal procedures equally for the parties;
• Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
• Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;
• Communicate to the parties in writing that Midwestern University will provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
• Notify the parties in writing of the result of the appeal and the rationale for the result.

Any additional procedures or bases for appeal Midwestern University offers will be equally available to all parties.

The final decision rests with the President. A copy of the President’s decision will be sent to the Academic Dean/Vice President of Human Relations and the Title IX Coordinator for inclusion in the student’s/employee’s disciplinary file.

Record Keeping in Conduct Matters

Records of the above proceedings shall be kept in accordance with the following guidelines

• All records related to disciplinary investigations/actions against students are secured in the Office of the Title IX Coordinator (Dean of Students) as well as the Office of the President.
• All records related to disciplinary appeals are secured in the Office of the President.
• All records related to disciplinary investigations/actions/appeals are maintained in perpetuity.
• A student may see any and all records related to their disciplinary investigation/action/appeal in accordance with the college regulations concerning inspection of records as spelled out in Guidelines for Access to and Disclosure of Educational Records Maintained by Midwestern University.
• All documentation related to disciplinary investigations/actions/appeals are kept on file in the Office of the President in accordance with the Higher Learning Commission of the North Central Association of Colleges and Schools requirements.
• The University will disclose to the complainant the results of any disciplinary hearing conducted by the University against the respondent. If the complainant is deceased as a result of the crime or offense, the University will provide the results of the disciplinary hearing to the complainant’s next of kin, if so requested.

Procedures for Reporting a Sexual Assault on Campus

Any student who is involved in or witnesses a sexual assault should contact Campus Security immediately (Downers Grove, dial 630/515-7111; Glendale dial 623/572-3201). Students have the option to notify law enforcement authorities, including local police, and the option to be assisted by campus authorities in notifying such authorities.

It is extremely important to preserve any evidence related to the crime as may be necessary to provide proof of the assault. The complainant should not bathe or shower, use the restroom, change clothes, comb their hair, clean up the crime scene or move or touch anything that the respondent may have touched. If Campus Security is contacted in an emergency, they will notify the police and the Title IX Coordinator. The Manager of Residence Life will also be notified if emergencies occur within campus housing.

The following is a list of emergency campus telephone numbers:

Location	Phone Number
Glendale Campus
Security	632/571-3201
Police	911
Resident Assistant on Duty	480/258-3247
Dean of Students	623/572-3210
Downers Grove Campus
Security	630/515-7111
Police	911
Resident Assistant on Duty	480/515-7111
Dean of Students	630/515-6470

Supportive Measures

Midwestern University will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to the Midwestern University’s education program or activity or provide support during Midwestern University’s Title IX grievance procedures or during the informal resolution process.

The University has counseling services for students who are complainants of or have witnessed an act of sexual misconduct (including sexual assault, sex-based harassment, attempted sexual assault, sexual abuse, dating violence, domestic violence or stalking), as well as for those who have been accused of wrongdoing. Student complainants/respondents of an alleged act of sexual misconduct have options for requesting a change in academic situations and on-campus residence arrangements if such requests are reasonable and available. In addition to seeking assistance from the Title IX Coordinator, students may also seek assistance from the following University personnel or outside resources:

In Arizona:
University Personnel
Title IX Coordinator	623/572-3210
Manager of Residence Life	623/572-3848
Deputy Title IX Coordinator	623/572-3366
Assistant Title IX Coordinator	623/572-3772
Office of Student Services	623/572-3210
Student Counselor	623/572-3740
Community Resources
Glendale Police Victim Assistance Hotline	623/930-3000
Domestic Violence Hotline	1-800-799-7233
Maricopa Crisis Hotline	1-800-631-1314

In Illinois:
University Personnel
Title IX Coordinator	630/515-6470
Manager of Residence Life	630/971-6400
Deputy Title IX Coordinator	630/971-6088
Assistant Title IX Coordinator	630/515-6474
Student Counselor	630/515-7142
Community Resources
Family Shelter Service	630/469-5650
Mutual Ground	630/897-8383
Northwest CASA	888-802-8890
YWCA Metropolitan Chicago	888-283-2080
YWCA (South Suburban)	708/748-5672
YWCA West Suburban Center	630-790-6600
Domestic Violence Hotline	800-799-7233
DuPage County Crisis Line	630-627-1700