Title IX

Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination on the basis of sex in federally funded education programs and activities, including but not limited to athletic programs that receive federal funding.

Title IX States:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” (20 U.S.C. Sec. 1681).

Under Title IX, discrimination on the basis of sex includes sexual harassment, sexual assault, dating violence, domestic violence, stalking and sexual violence.

CUC Title IX Policy

Classes taken

• ATIXA Investigator One Training
• ATIXA Coordinator One Training
• ATIXA Hearing Officer & Decision Maker Training

Access Association of Title IX Administrators training documents

Sexual misconduct is any form of actual or attempted sexual activity perpetrated upon a person without the consent of that person and against that person’s will. Consent is “a freely given agreement to the act of sexual penetration or sexual conduct in question, and 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 he or she withdraws consent (720 ILCS 5/11-1.70(c)).”

Non-consensual physical behavior is inappropriate, unhealthy and against God’s Word. Consent is mutual, voluntary, verbal, ongoing and can be withdrawn at any time. Lack of verbal or physical resistance does not constitute consent, nor does what a person is wearing, or if he/she has been sexually active before, or with whom.

Consent can be withdrawn at any time.

Consent cannot be given if the individual is:

• Under the influence of drugs or alcohol,
• A minor (age of consent in Illinois is 17 years),
• Mentally impaired (any age),
• Bullied, coerced or threatened, and/or
• Asleep or unconscious.

Any time sexual activity takes place between individuals, those individuals must be capable of controlling their physical actions and be capable of making rational, reasonable decisions about their sexual behavior. If you have sexual activity with someone you know to be, or should know to be, mentally or physically incapacitated, you are in violation of this policy and may be in violation of the law.

Use of alcohol or other drugs will never function to excuse behavior that violates this policy.

If you have been accused of sexual misconduct and are unsure what to do or whom to talk with, the following information will be helpful.

You can contact the Title IX Coordinator for an explanation of the University reporting procedures and the student and employee disciplinary process.

You can receive counseling assistance on campus at the Counseling Center.

Do not contact the alleged victim.

Sexual misconduct can be both a criminal offense as well as a violation of Concordia-Chicago’s Sexual Misconduct policy. A student or employee alleged to have engaged in a sexual misconduct may be subject to prosecution under Illinois criminal statutes and/or subject to discipline under the student or applicable employee discipline procedures. University and criminal proceedings are separate processes and may have independent outcomes. A student found in violation of the Student Code may be subject to University sanctions, including dismissal from the University. An individual found guilty of a criminal offense may be subject to criminal sanctions.

It is the policy of the University to provide an educational and work environment free of all forms of sex discrimination, including but not limited to unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct, or communications constituting sexual harassment, as defined in this policy and as otherwise prohibited by state and federal statutes. Sexual harassment, including acts of sexual assault and sexual violence, is a form of sex discrimination and is prohibited at the University. This prohibition against discrimination on the basis of sex applies to all students and employees, applicants for admission or employment, other members of the University community, and contractors, consultants, and vendors doing business or providing services to the school.

CUC also complies with the Campus SaVE Act/VAWA (Violence Against Women Act) amendments to the Clery Act and the Illinois Preventing Sexual Violence in Higher Education Act (110 ILCS 155 and 205) in addressing critical issues of sexual violence in higher education through the improvement and implementation of policies and programs to provide a fair and effective process, support survivors of sexual misconduct, exceed the safety needs and expectations of our University community, provide awareness and prevention programming and training for new and continuing students and employees, and provide transparent annual reporting.

Responsibilities and Duties

In accordance with Title IX, the President of the University designates Title IX Coordinator(s) as the primary contacts responsible for coordinating compliance with Title IX. Their names and contact information are listed in the right-hand column of this page.

The Lead Title IX Coordinator is responsible for implementing and monitoring compliance with Title IX, the Jeanne Clery Act, VAWA (Violence Against Women Act) and Illinois law on behalf of the University. This includes coordination of training, education, communications and administration of the complaint and grievance procedures for the handling of suspected or alleged violations of Title IX. The Title IX Coordinator serves to promote awareness and prevention of sexual misconduct within our community as a whole, while taking appropriate measures to address individual incidents by stopping the misconduct, remedying the effects and preventing a recurrence.

The Assistant Title IX Coordinators are also responsible for implementing and monitoring Title IX compliance at the University. They are responsible for notifying the Lead Title IX Coordinator of any alleged or suspected violations of Title IX about which they have become aware.

Contact a Title IX Coordinator if you:

• Wish to understand your options if you think that you may have encountered sex discrimination, sexual harassment, sexual assault or sexual violence;
• Become aware of a situation that you feel may warrant a University investigation;
• Need help on how to handle a situation in which you are indirectly affected;
• Want information about possible informal remedies or administrative measures to de-escalate or alleviate a difficult situation; or
• Have questions about Concordia University Chicago’s policies and procedures.