Reporting Allegations of Gender-Based or Sexual Misconduct
A person who believes he or she has been subjected to, witnessed, or has knowledge
of gender-based or sexual misconduct may file a complaint alleging violation(s) of
this policy and/or the Student Code of Conduct. A person who believes he or she has
been subjected to, witnessed, or has knowledge of an alleged violation of the comprehensive
policy by such misconduct on the part of a College employee (faculty or other staff)
may file a complaint through the Human Resources Office.
Reasons why an individual may wish to formally report gender-based or sexual misconduct
- To seek formal action against someone, such as removing the person who is the subject
of the report from a class or from campus, or putting a letter in his or her file;
- To educate the person who is the subject of the report about why his or her act or
actions are improper, through use of the campus conduct or complaint process;
- To make the College aware of the act or actions in case they are part of a larger
pattern of misconduct affecting others in the College community;
- To receive support from or through the College in coping with a situation;
- To request interim protective measures including College assistance in: 6
- Changing classes, an on-campus work assignment, transportation or other arrangements
related to attendance or employment at the College;
- Obtaining a campus no contact order; or
- Ensuring that an order of protection or no contact order entered by a state court
will be adhered to on campus.
Additional or interim remedies such as mediation may be provided concurrently with
or in lieu of an investigation or student conduct proceeding. Mediation will not ordinarily
be used to address sexual assault complaints.
NON-RETALIATION AND ADDITIONAL PROTECTION FOR REPORTERS
Kishwaukee College prohibits retaliation against individuals who in good faith, report
or file a complaint alleging gender-based or sexual misconduct, or otherwise participate
in the complaint resolution procedures related to such allegations. Individuals who
engage in retaliatory conduct will be subject to disciplinary sanctions.
A student who in good faith reports alleged gender-based or sexual misconduct to
an employee of the College who is responsible to receive such reports (including campus
police, deans, directors, or other administrators with supervisory responsibilities)
will not receive a disciplinary sanction for a student conduct violation that is revealed
in the course of such a report, unless the College determines the violation was egregious,
such as an action that places the health or safety of any other person at risk.
To Report Confidentially
An individual who wants to report alleged gender-based or sexual misconduct but is
concerned to keep details of the incidents confidential may disclose the misconduct
allegations to on-campus licensed counselors or off-campus rape crisis resources who
are in most situations legally entitled to maintain the confidentiality of such communications.
Another alternative is to contact members of the clergy and chaplains off campus,
who will also keep reports made to them confidential. Campus licensed counselors are
available to help the reporting party free of charge, and can be seen on an emergency
This option to report confidentially may be of interest to an individual who:
- • Would like to know about support and assistance, but is not sure that he or she
wants to pursue formal action against the individual believed to have committed gender-based
or sexual misconduct, or
- • Has questions or would like to process what happened with a counselor, without involving
police or campus disciplinary procedures.
NOTE: Please be aware that even confidential resources are obliged to report such
communications in some cases, such as in situations of imminent danger and/or sexual
abuse of a minor.
Other Sources Who Can Maintain the Confidentiality of a Report
A person who has experienced any type of gender-based or sexual misconduct can seek
advice from certain sources who are not required to tell anyone else about his or
her private, personally identifiable information unless there is cause for fear for
the victim’s safety, or the safety of others. These sources of advice include College
employees whose job responsibilities do not entail supervising other employees, and
who do not have authority to report, investigate, discipline, or provide remedies
for sexual misconduct. If a person is uncertain about an employee’s duties and his
or her ability to maintain the confidentiality of the report, the person making the
report should, before providing details of the situation, ask the employee whether he or she is in a position to maintain its confidentiality.
If that employee does not believe that he or she can keep the information confidential,
he or she may be able to provide contact information for another staff member who
is in a position to do so.
Some of these resource personnel are instructed to share incident reports with their
supervisors, but will not share personally identifiable information about a report
unless the reporter gives permission, except in the rare event that the incident reveals
a need to protect the reporter or other members of the community. If personally identifiable
information is shared, it will be shared on a need-to-know basis with as few people
as possible, and efforts will be made to protect the privacy of the reporter (or other
reporter of the information). This option may be useful if the reporter:
- Is not sure or has questions about whether he or she wants to pursue criminal charges
or to file a complaint;
- Would like his or her experience to be included in the annual statistics about sexual
misconduct incidents that occur on the College’s campus; and/or
- Desires only minimal assistance from the College, such as switching to a different
section of an instructor’s course or seeing a different advisor.
NOTE: Although these resource individuals are not required to disclose the reporter’s identity,
they may choose to do so in an effort to best assist the reporter.
Non-confidential reporting options
The College desires to investigate and address gender-based and sexual misconduct.
Therefore, the College encourages making formal reports of such incidents to campus
Sheriff’s Office; deans, directors, or other administrators with supervisory responsibilities;
the Office of the Dean Student Services, or the Office of Human Resources. Notice
to these College individuals or entities is official notice to the institution. The
College will investigate formal reports of sexual misconduct, and resolve and address
such misconduct charges through administrative procedures.
When a formal report of sexual misconduct is made, only people who need to know will
be told of the report, and information concerning it will be shared only as necessary
with investigators, witnesses, and the respondent individual. Please be aware that filing of a formal report may result in the victim’s (or other
reporter’s) identity becoming known to the person or persons complained of, due to
the circumstances and details of the incident. Nonetheless, this option should be considered if the victim:
- Would like formal action taken against the individual(s) involved. Formal action can
include College assistance in obtaining a restraining order, order of protection,
filing criminal charges, or student discipline or employment action if the individual
is found to have violated Student Conduct Code provisions, or College employment policies
- Would like the College to be on notice of the alleged gender-based or sexual misconduct,
in case it happens again or may be part of a pattern of such misconduct.
Procedures for Responding to a Report of Gender-Based or Sexual Misconduct. Upon receiving a report of gender-based or sexual misconduct, College personnel will:
- Assist and interview the victim;
- Identify and locate witnesses;
- Contact and interview the respondent;
- Contact and cooperate with law enforcement, when applicable; and
- Provide victims of sexual assault or sexual violence with information regarding the
importance of preserving physical evidence of the sexual violence, and the availability
of a medical forensic examination at no charge.
Complaint Resolution Procedures; Range of Sanctions
The College’s Complaint Resolution Procedures and the range of sanctions which may
be imposed for gender-based and sexual misconduct are identified in Section III of
this Comprehensive Policy and are detailed at the link to the Kishwaukee College Student
Code of Conduct provided in Section III.