Sexual Assault Information and Protocol
Federal Student Right To Know and Campus Security Act, Public Law 101-542
Sexual Assault Notification
Eastern Illinois University is committed to providing the safest campus possible for our students, faculty and staff. Sexual assault, abuse or other sexual misconduct including domestic violence, dating violence, and stalking is prohibited and will not be tolerated. The University continually endeavors to prevent sexual assault by providing training and educational materials to all students and employees, and by thoroughly investigating complaints of assault. Sexual assault is a crime and complaints will receive serious and immediate action. Once a complaint is received, the first step taken by the University personnel will be to ensure that the complainant is safe and protected from harm. The University understands that a complainant may need a support person to accompany them on campus and students and employees will be provided with contact information with various on-campus and off-campus resources.
Definition of Sexual Assault
The term sexual assault, as used by Eastern Illinois University, includes the legal definitions of sexual assault contained in Illinois State Law, as well as the student conduct code. The Student Conduct Code defines sexual misconduct as “any physical act of sexual nature, committed under duress or by force, without the consent ( a freely given, knowing agreement) of the individuals involved. Behaviors include, but are not limited to any form of sexual penetration without consent; intentional or knowingly touching of another person, either directly or through the clothing of sex organs, buttocks, or breast for the purpose of sexual gratification or arousal without the consent of the other person; indecent exposure with sexual intent; use of email, text, phone or any other form of communication to send sexually explicit materials that are unwelcomed by the recipient.
Definition of Consent
Consent must be given each time parties engage in sexual activity. Consent given on a prior occasion does not indicate future consent.
Consent is defined as a freely given agreement to sexual activity. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force does not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.
A person who initially consents to sexual conduct is not deemed to have consented to any sexual conduct that occurs after he or she withdraws consent during the course of that sexual conduct. A person’s consent to engage in sexual activity with one person does not constitute consent to engage in activity with another. Consent can be withdrawn at any time. Consent cannot be given when a person is unable to understand the nature of the activity or cannot consent based on circumstances including, but not limited to:
a. Incapacitation due to the influence of drugs or alcohol;
b. The person is asleep or unconscious;
c. The person is not of legal age to consent; or
d. The person is incapacitated due to a mental disability.
Educational Programming and Training
The University is committed to ongoing awareness of sexual assault and misconduct issues for members of the campus community. All new students and new employees are required to complete and attend primary prevention programs and awareness training. All employees and students will be offered various trainings and prevention programs.
The University maintains several programs designed to eliminate sexual assault and misconduct including: RAD (Rape Aggression Defense), Alcohol EDU, specialized training of Residence Life Staff, campus workshops on sexual assault prevention and bystander intervention training, and other programs.
Filing a Complaint
The complainant controls when and where to file a complaint. (In rare circumstances, the University may be required to proceed with an investigation without the cooperation of the complainant if failing to do so would put the greater campus community at risk). There are multiple options available and complaints may be filed in any, all or none of the appropriate departments listed below. In addition, complainants are encouraged to contact the EIU Counseling Center (217-581-3413), where the Associate Director, Sexual Assault Prevention, will assist in coordinating the filing of complaints to decrease the burden of the complainant. If requested by the complainant, the Counseling Center’s Associate Director, or other institutional personnel will assist in notifying law enforcement authorities.
Complainants are encouraged to take reasonable steps to preserve evidenceby seeking immediate police and medical assistance in the event of an assault. In addition to physical evidence, notes, electronic messages and phone records are examples of evidence that should be preserved.
Whenever possible, the offices and departments listed below will share fact-finding information so that the complainant is not required to unnecessarily recount factual allegations multiple times to different investigators. The identity of the parties will remain as confidential as possible and in the event of a Freedom of Information Act Request for reports or information, the University will invoke all applicable exemptions which protect the identities of parties.
Complaints regarding violations of this policy may be filed in the following on-campus offices or departments:
The University Police Department (UPD)
Location: 7th and Grant (directly east of the University Union)
Phone: 581-3212 (911 if an emergency)
Hours: Department is open daily until 4:30 p.m.; officers are on duty 24 hours.
UPD provides professional law enforcement services to the campus community. They can receive, process, and investigate complaints of sexual assault and then forward information to the Coles County State’s Attorney for appropriate action if the complainant wishes to pursue a criminal complaint.
The Office of Student Standards
Location: University Union – Lower Level
Hours: Office is open M-F from 8 a.m. to 4:30 p.m.
The Office of Student Standards enforces the requirements of the Student Code of Conduct and, through its board or administratively, issues sanctions for violations of the code including violations of the sexual misconduct provision. The Director is also a Title IX Deputy Coordinator. Once a complaint is received, the Office of Student Standards will collect information and determine whether to proceed administratively or whether to send the matter to a board hearing (the more likely outcome). The board will receive testimony from witnesses and will review applicable evidence or documentation. The board uses the “preponderance of the evidence” standard. Click here to view their procedures.
The Office of Civil Rights and Diversity - Title IX Coordinator
Location: 1011 Old Main
Hours: Office is open M-F from 8 a.m. to 4:30 p.m., and by appointment.
The Office of Civil Rights and Diversity investigates complaints of sexual harassment according to the sexual harassment policy. A single instance of sexual assault can also violate the University’s sexual harassment policy. This office reviews and investigates allegations of sexual assault to the extent that such an act would violate the sexual harassment policy and/or Title IX. Once a complaint is received, witnesses are interviewed and evidence is examined. An investigative report with conclusions and recommendations is issued to the appropriate vice president usually within sixty days. This office uses the “preponderance of the evidence” standard. The complainant or the accused person can appeal the findings to the University president.
Complaints regarding violations of this policy may be filed in the following off-campus offices or departments:
The Charleston Police Department (CPD)
Location: 614 6th Street, Charleston
Phone: 348-5221 (911 if an emergency)
Hours: Department is open daily until 4:30 p.m.; officers are on duty 24 hours.
The Charleston Police Department provides professional law enforcement services to the Charleston community. They can receive, process, and investigate complaints of sexual assault and then forward information to the Coles County State’s Attorney for appropriate action if the complainant wishes to pursue a criminal complaint. The Department maintains a working relationship with the university, specifically the University Police Department and the Office of Student Standards.
Institutional Procedures When Contacted By Victims of Sexual Assault/Abuse
The University defines procedures to be used by all faculty and staff when contacted by victims of sexual assault/sexual abuse. Only when the victim reports an incident involving an allegation of sexual assault/sexual abuse will University personnel be able to put the victim in contact with trained personnel who are able to provide support and information which may be vital to subsequent criminal or institutional action. The University supports the right of victim choice as to the options they pursue following an assault. Victims may choose to participate in all, some, or none of the processes offered.
Regardless of what options a victim pursues following an assault, the Clery Act requires that employees who hold significant responsibility for student and campus activities may be obligated to file an informational incident report to the University Police Department. By federal law, once informed that an assault may have occurred, these individuals must inform law enforcement authorities where and when an alleged assault has occurred. This informational incident report will not require the victim to pursue any type of formal institutional or criminal action nor will it require the reporting person to identify the victim or the alleged perpetrator.
In accordance with the Campus Security Act, Eastern Illinois University maintains records of all reported incidents of sexual assault/sexual abuse that occur on or near campus. Annual Crime Statistics reported for the past 3 calendar years may be found at: https://www.eiu.edu/police/Safety_Report.php
Additionally, the University Police Department maintains a daily on-line record of enforcement activities which may be inspected at: http://www.eiu.edu/police/blotter.php
Available On-Campus and Off-Campus Counseling, Mental Health, or Other Services for Victims of Sex Offenses
A variety of agencies and resources are available on-campus and within the Charleston community for victims of sex offenses.
Medical Services Available to Victims
Immediate medical attention following a sexual assault is important to address physical trauma, and, if requested by a victim, to collect physical evidence for support in filing a complaint.
Sarah Bush Lincoln Health Center, a certified sexual assault medical treatment center, offers emergency medical care, as well sexual assault nurse examiners. If requested by a victim, the sexual assault nurse examiner may complete a rape evidence kit and also collect other physical evidence of rape (samples of body fluids, hair, fingernail scrapings) to be turned over to police.
Victims who report to EIU’s Health Service first will be referred to Sarah Bush Lincoln Health Center if immediately following an assault. Victims who decide to seek medical treatment will be encouraged to go to the hospital without showering, cleaning up, or changing clothes as doing these things could destroy evidence. The Health Service will also refer victims to the EIU Counseling Center for counseling and case coordination. Individuals who choose not to seek immediate medical attention following an assault may always seek care related to the assault at EIU Health Service, or another medical care provider.
Counseling Services Available to Victims
The Eastern Illinois University Counseling Center makes services available to registered students who are victims of sexual assault/sexual abuse regardless of when or where the incident occurred. Alleged perpetrators who are registered students are also eligible to receive counseling services through the center as well. Daytime phone 217-581-3413, www.eiu.edu/counsctr/
SACIS (Sexual Assault Counseling and Information Services) is the community resource that may also serve students. SACIS provides full, comprehensive services (counseling, advocacy, public education, professional training, and institutional advocacy) in Coles County. SACIS provides crisis and long-term counseling services for anyone who has experienced sexual abuse/assault/harassment currently or in the past. In addition, SACIS provides both medical and legal advocates who explain and clarify options to victims by serving as a liaison with medical professionals, police and the state’s attorney’s office. SACIS staff may be reached at 217-348-5033; 8-5 Monday-Friday with a 24 hour crisis line (1-888-345-2846).
Advocacy Services Available to Victims
The Eastern Illinois University Counseling Center provides the following sexual assault related services: ongoing source of support and advocacy for survivors; information on available university and community resources; information on review reporting options and accompaniment with survivor to file either a police or university report – if the survivor chooses to do so; accompaniment with survivors to needed appointments or meetings; assistance in exploring options for a change in residence; and assistance in arranging for contact with course instructors and advocating for accommodations needed to maintain academic progress. Daytime phone 217-581-3413, www.eiu.edu/counsctr/
The Sexual Assault Counseling and Information Service (SACIS) also offers advocacy services. SACIS has trained advocates who are available 24 hours a day to accompany victims through hospital, police, court, or institution disciplinary proceedings. SACIS staff may be reached at 217-348-5033; 8-5 Monday-Friday with a 24 hour crisis line (1-888-345-2846).
Change in Victim’s Academic and Living Situations
Eastern Illinois University is obligated to comply with a victim’s request for a living and/or academic situation change following an alleged sex offense. If the accused student and victim live in on-campus housing, the University will determine whether immediate REASSIGNMENT is needed. If the accused student and victim have contact within academic buildings, the University will also determine whether a directive to refrain from contact with the alleged victim should be issued to the alleged perpetrator. The University will be responsible for making the determination whether interim suspension should be invoked against the alleged perpetrator.
Procedures for Campus Disciplinary Action
Incidents in which the accused is a student will follow the procedures specified in the University Student Conduct Code. Incidents in which the accused is an employee will follow the disciplinary procedures outlined in the appropriate collective bargaining agreements, the Regulations of the Board of Trustees of Eastern Illinois University, and/or the Civil Service disciplinary procedures for non-negotiated employees.
When university disciplinary proceedings are held concerning violent or sexual offenses, the student and the student’s accuser are entitled to the same opportunities to have others present during the hearing. When university disciplinary proceedings are held concerning violent or non-forcible sex offenses, the report on the results of the proceeding conducted against the alleged perpetrator will, upon written request, be disclosed to the alleged victim. If the alleged victim is deceased as a result of the offense, the next of kin of the victim shall be treated as the alleged victim.
For a disciplinary proceeding regarding a sexual offense, both accuser and accused shall be informed of the outcome of the campus disciplinary proceeding.
Possible Sanctions Resulting From Sexual Offense Campus Disciplinary Action
In addition to the outcomes of any criminal and/or civil proceedings, the University may also impose the following:
- Sanctions which may be imposed on students following a final determination of rape, acquaintance rape, or other sex offense (forcible or non-forcible) include official warning, disciplinary probation, suspension, or expulsion.
- Sanctions which may be imposed on employees following a final determination of rape, acquaintance rape, or other sex offense (forcible or non-forcible) include oral and written reprimands, fines, suspensions, and termination.
- Depending upon the perceived threat to the health or safety of the victim or of others in the University community, the University may take necessary and appropriate action to prevent unwanted contact or proximity with visitors who are alleged assailants.
Resource Contact Information
EIU Sexual Assault and Interpersonal Violence Resources and Prevention Website - http://www.eiu.edu/sexualassaultresources/
EIU Counseling Center - Provides counseling and support for students who have been victimized. Counselors can assist students in addressing their concerns related to safety, academics, housing, transportation and work. Daytime phone 217-581-3413, www.eiu.edu/counsctr/
EIU Student Standards - Phone 217-581-3827. www.eiu.edu/judicial/
EIU Student Conduct Code - http://www.eiu.edu/judicial/studentconductcode.php
EIU Civil Rights and Diversity - Phone 217-581-5020, www.eiu.edu/civil/
EIU Housing - Provides options for addressing concerns of housing. Phone 217-581-5111, www.eiu.edu/housing
EIU Health Services - Provides medical attention and referral. Phone 217-581-2727 (nurse), www.eiu.edu/health/
EIU Academic Advising - May provide academic advocacy. Phone 217-581-2313, www.eiu.edu/advising/. It is also an appropriate option to speak with your department advisor, department chair and/or your professors.
University Police Department - Phone 217-581-3222, www.eiu.edu/police/
EIU Student Health Insurance — Provides information related to medical expenses and student health insurance. Phone 217-581-5290, http://www.eiu.edu/studentinsurance/
Transportation - Dial A Ride - Affordable transportation services in the community. Phone 217-639-5169.
Charleston Police Department - Phone 217-348-5221, www.charlestonillinois.org.
SACIS Sexual Assault Counseling and Information Services - Phone 217-581-5033 toll free 888 345-2846. www.sacis.org.
Sarah Bush Lincoln Health Center, Phone 217-348-2525, www.sarahbush.org.
HOPE Coalition Against Domestic Violence Phone 217-348-5931, www.hope-eci.org