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Reporting

University Process

Know that the University is required to follow up on all incidents of sexual assault and may investigate to support the University’s efforts to provide a safe and non-discriminatory environment for all students. Most University faculty and staff must reports incidents of sexual assault to the University’s Office of Equal Opportunity, Ethics and Access (OEOEA) for investigation. The survivor determines their level of involvement in this process. The Relationship Violence Coordinator and Student Counseling Services counselors are not required to report.

The following process will be followed when the university receives information on an allegation of sexual assault and/or relationship violence:

  1. When the University becomes aware of an alleged sexual misconduct or relationship violence incident the University will provide the individual who allegedly experienced this incident, (Reporting Party) or the person who brought the incident forward, with information regarding support services and reporting avenues.
  2. The allegation will be reviewed by appropriate University officials to determine the next steps and assess whether any interim action is necessary.  The Reporting Party will be offered the opportunity to participate in the review and investigation process.  If the Reporting Party does not respond to the University’s request for participation, or requests that the complaint not be pursued, the University will review the request and all information available.  The University will make a determination regarding the need to investigate further by balancing the Reporting Party’s interests and the University’s commitment to supporting a Reporting Party driven process, with the University’s equally strong commitment to ensuring a safe community.  The University may proceed with investigation without a Reporting Party’s involvement, although the University’s response may be severely limited.
  3. The University’s investigation procedures will ensure that the allegation of sexual misconduct/relationship violence is handled promptly and effectively in a manner that is procedurally fair to all parties.  Both parties will be given an opportunity to provide input and information during the investigation process.  After the investigation is concluded, the Investigator will report both to OEOEA (in regards to potential violation(s) of Title IX) and Student Conduct and Conflict Resolution (in regards to possible violation(s) of the Code of Student Conduct).
  4. Based on the investigative report, if either office has sufficient information to believe a violation occurred, a Charge letter will be issued.
  5. For specific procedures related to an informal resolution meeting and/or hearing please reference the following:
    1. Code of Student Conduct for all procedures related to Code Charges.
    2. OEOEA policies and procedures related to alleged violations of the Equal Opportunity/Anti-Harassment and Non-Discrimination Policy Title IX (Code Section V.b.5) can be found at http://equalopportunity.illinoisstate.edu/harassment.shtml - BROKEN LINK
  6. Sanctions and interventions are issued when a student is found responsible for a Code violation.  Sanctions are designed to eliminate the misconduct, prevent its recurrence, educate the student, and remedy its effects.  Some behavior is so harmful to the University community or so detrimental to the educational environment that it may require removal from University activities or the University.
  7. Appeals may be filed by either part for any of the following reasons:
    1. Proper procedures were not followed;
    2. Unsupported conclusion;
    3. The sanction/intervention was insufficient or excessive relative to the violation;
    4. There is new information that was not reasonably available at the time of the investigation.

Note: Title IX (Code Charge V.b.5) violations ONLY are appealed to the President.  Appeal procedures are available at: http://equalopportunity.illinoisstate.edu/complaint/

Any other Code violation and/or all sanctions are appealable to the Student Appeals Board; appeal procedures are available at:  http://deanofstudents.illinoisstate.edu/students/get-help/crr/code-of-conduct.shtml - BROKEN LINK

Criminal Charges

A student may pursue criminal charges through the criminal court system. This process is initiated by filing a report with the appropriate police agency. The sooner the report is made, the more likely the successful prosecution of the assailant. 

The purposes of reporting the assault to the police are to protect yourself and others from future victimization and to apprehend the assailant.

Prosecution is handled by the McLean County State’s Attorney office. Assaults occurring on campus are investigated by the University Police Department, and any evidence is forwarded to the State’s Attorney Office. AnAssistantState’s Attorney will interview you concerning the case and explain the trial process. You may have a support person with you during this process.

You do not need to hire an attorney for this process as the State’s Attorney represents you in this matter.

The State’s Attorney Office may decide not to file charges against the assailant. This does not mean that the State’s Attorney does not believe you, but rather that the evidence needed for a conviction is insufficient.

If the case is to be prosecuted, a Victim/Witness Service worker will be provided. This individual will work with you and provide information about the court system, trial dates and the status of your case.

If charges are filed, the assailant will be arrested and taken before a judge where he/she is formally charged and a plea of guilty or not guilty is entered. If the defendant pleads guilty, sentencing will be scheduled for a later date. If the defendant pleads not guilty, there will be a trial date set. The defendant will either remain in jail, or be released on bond to await the trial date.

A student may pursue both the university disciplinary process and the criminal process. Assistance with this process can be obtained from the Sexual Assault Prevention and Survivor Services Program. 

Civil Suit

A civil suit is filed to sue for monetary damages; jail/prison time is not the outcome of a civil suit.  To initiate a civil suit, you must hire an attorney.  However, an attorney may agree to a percentage of any successful monetary award.  You do not have to pursue criminal charges in order to file a civil lawsuit.  The civil process is lengthy and could take several years.  If the defendant is found responsible in the civil action, he/she cannot be sentenced to time in prison or jail.  An award of monetary damages is made in a civil suit.

Civil No Contact Order

A Civil No Contact Order is requested in civil court and is specifically for victims of sexual assault who want the court to order the perpetrator to stay away from the victim. 

It is not necessary to report this crime to police in order to request a Civil No Contact Order, and an attorney is not required.  The paperwork is filled out at the Circuit Court Clerk’s Office.  Assistance in filling out the paperwork is available from Stepping Stones YWCA Sexual Assault Services ((309) 662-0461), or through the Illinois State University’s Sexual Assault Prevention and Survivor Services Program at (309) 438-3655 or (309) 438-7948.  When an order is issued by the court, students are encouraged to provide a copy of the order to the Vice President of Student Affairs, located in Hovey Hall ((309) 438-5451) and the Illinois State University Police ((309) 438-8631), as well as maintaining a copy of the order in their possession at all times.

University No Contact Letter

In situations involving an allegation of sexual assault and/or relationship violence, the victim can request that the university issue a  “No Contact” letter to the accused student.  Such a letter can enhance the victims’ sense of safety in that the accused student is prohibited from contacting the victim in person, in writing, electronically or by third party.  Such a letter can be requested prior to the resolution of the allegation.   Such a letter is typically issued by Office of Equal Opportunity, Ethics and Access (OEOEA) or Student Conduct and Conflict Resolution.   Assistance in this process is available from the Confidential Advising services at (309) 438-3655 or email Nichole Anderson.

2023-10-12T13:15:35.89143698-07:00 2023