Sex-Based Misconduct Procedures
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Initial Discussion
The college encourages students who have experienced sex-based misconduct to talk with
someone about what happened so that they can get the support they need and so that the
college can respond appropriately. Different employees on campus have different reporting
obligations with regard to alleged sex-based misconduct. Designated Responsible Employees
are required to report all incidents of sex-based misconduct to the Title IX Coordinator and
all members of the College community (including students) are encouraged to report such
incidents to the Title IX Coordinator.
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Filing a Formal Complaint
Any student who feels that they have been the victim (or complainant) of sex-based
misconduct of any type by another student, an employee, or a third party may submit a formal
written complaint to the:
Title IX Coordinator (815) 921-4284,email: RVC-DeanofStudents@RockValleyCollege.edu
located in the: Dean of Students Office, Main Campus, Student Center, 2nd Floor room 2130
3301 N. Mulford Road, Rockford, IL 61114
Written complaints must be signed and, to the extent possible, should state in detail the time,
place, pertinent facts, and circumstances of the alleged harassment along with any witnesses.
Written complaints must also state the remedy or relief being sought.
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Initiating a Complaint
All complaints of sex-based misconduct are taken seriously and will be investigated
promptly. The Title IX Coordinator, or their designee, will inform and seek consent from the
complainant before beginning an investigation. If the complainant requests confidentiality
(and/or insists that his or her name or other identifiable information not be disclosed to the
alleged perpetrator, or respondent), the Title IX Coordinator, or their designee, will inform the
complainant that the college’s ability to respond may be limited and that the college may be
required to act regardless in the interest of the safety of the campus and community.
The Title IX Coordinator or their designee will also inform the complainant that this policy
prohibits retaliation, and the college will not only take steps to prevent retaliation, but also
take strong responsive action if retaliation occurs. The Title IX Coordinator or their designee
will inform the complainant that the college cannot ensure confidentiality.
The purpose of the investigation is to determine whether the alleged violation of the college
policy has occurred. In making this determination, the college uses the preponderance of
evidence standard, i.e., whether it is more likely than not that the sex-based misconduct
occurred.
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Supportive Measures
Once the Title IX coordinator or their designee receives the report and then communicates
with the complainant, they will discuss supportive measures that the complainant may have
access to, which includes but is not limited to the following examples:
• Counseling and mental health support;
• Extensions of deadlines or other course-related adjustments;
• Leaves of absence;
• Changes to academic, living, dining, transportation and/or working schedules or
situations;
• Increased security and monitoring of certain areas of campus;
• Issuance and enforcement of mutual campus no contact orders; and
• Enforcement of an order of protection or no contact order entered by a State civil or
criminal court.
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Grievance Process
Once the complainant has spoken with the Title IX coordinator, if they choose to file a formal
complaint, the college will start the grievance process in accordance with the Federal Title IX
Formal Grievance Procedures. A formal complaint is a document filed by the complainant or
signed by the Title IX Coordinator, alleging a Sex-Based Misconduct Violation and requesting
the college to investigate. At the time of filing, the complainant must be participating in, or
attempting to participate in the college’s programs or activities as a student or employee.
Within 10 business days of signing a formal complaint, The Title IX Coordinator will provide
written notice to all parties involved to inform them of the following information:
• The Grievance Process
• The Allegations
• Acknowledgement that the respondent is not currently responsible, and a final
determination is made at the conclusion of the process
• Awareness that parties may have an advisor of their choice (can be an attorney,
but doesn’t have to be)
• Acknowledgement that parties may inspect and review directly related evidence
that is part of the investigation
• Review of the College Code of Conduct provision(s) that prohibit submitting
false statements/information
The college will provide written notice if they investigate allegations not included in the
original written notice of allegations.
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Informal Resolution:
After the initial notice of allegations, both parties may agree to participate in the Informal
Resolution Process. The Complainant and Respondent must provide voluntary written
consent participate and may withdraw from this process at any time before a finalized signed
agreement is reached. If one party withdraws from the informal resolution process, the
college resumes the grievance process as a formal complaint. Informal Resolutions are not
permitted for cases involving Sex-Based Misconduct by a college employee toward a student.
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Consolidation/Dismissal of Formal Complaints:
The Title IX Coordinator may consolidate related formal complaints that come from the same
facts or circumstances.
The Title IX Coordinator may dismiss an investigation if Title IX regulations are not applicable.
If this occurs, the college will inform parties of this action and will give directives regarding
other college policies and procedures that may be used to resolve the concern. A Title IX case
may also be dismissed if the complainant requests in writing that the case be withdrawn,
the respondent is no longer enrolled in and/or employed by the college or if specific
circumstances prevent the college from gathering evidence needed for a determination.
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Investigation of a Formal Complaint:
The Title IX Coordinator will assign a trained investigator to investigate the complaint.
They will gather evidence and witness information from each party. Both parties may be
accompanied by an advisor of their choice, but the advisor’s role is limited to providing
support, guidance, and conducting cross-examination during the live hearing. The advisor
may not speak on behalf of the party during the meeting and must comply with the
investigator’s rules and expectations. If these procedures are violated in any way, that advisor
may be prohibited from further participation.
Each party will receive a notice in writing with the date, time, location, participants and
purpose of the investigative meeting. Three (3) Business days’ notice will be given to the
parties by the investigator.
At the end of the investigation, the investigator will send each party (and advisor, if relevant)
the evidence collected in electronic format. The parties will have 10 days to submit a written
response to the evidence for the investigator to consider before completing their report.
After completing their report, the investigator will forward a copy to the Title IX coordinator.
The Title IX Coordinator will schedule a hearing. At least 10 business days prior to the hearing,
the Title IX Coordinator will Provide both parties with written notice of the hearing date, time,
location, participants (including the name of the appointed Hearing Officer) and purpose of
the hearing. They will also send to each party (and the party’s advisor, if any) the investigative
report [in electronic format or hard copy] for their review and written response.
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Hearings
A hearing will be conducted by a Hearing Officer appointed by the college. Both parties will
have the opportunity to request a substitution if the selected Hearing Officer poses a conflict
of interest. A party wishing to request a substitution must contact the Title IX Coordinator
within three (3) business days after the party’s receipt of the notice of hearing to make such a
request.
At the request of either party, the college will arrange for the live hearing to occur with the
parties located in separate rooms, with technology enabling the Hearing Officer and parties
to simultaneously see and hearing the party or witness answering questions. This request
is made by contacting the Title IX Coordinator at least three (3) business days in advance
of the hearing. The college may conduct any live hearing virtually, with the participants in
one or more separate geographical locations, and with technology enabling participants
simultaneously to see and hear each other.
At the live hearing, each party’s advisor will be permitted to ask the other party and any
witnesses all relevant questions and follow-up questions, including those challenging
credibility. Such cross-examination will be conducted directly, orally, and in real time by the
party’s advisor of choice and may never be conducted by a party personally.
If a party does not have an advisor who is available to conduct cross-examination on behalf
of that party at the live hearing, then the college will provide the party with an advisor of
the college’s choice, free of charge, to conduct cross-examination on behalf of that party.
To invoke this right, the party must notify the Title IX Coordinator at least three (3) business
days in advance of the hearing that the party does not have an advisor to conduct
cross-examination. A party who fails to notify the college that they do not have an advisor
within the required three (3) business day timeframe will waive the right to request that an
advisor be appointed.
Only relevant questions, as determined by the Hearing Officer, may be asked of a party or
witness. Questions and evidence about the complainant’s sexual predisposition or prior
sexual behavior are not relevant and will not be permitted, except where:
1. The questions and evidence about the complainant’s prior sexual behavior are offered
to prove that someone other than the respondent committed the conduct alleged by
the complainant; or
2. The questions and evidence concern specific incidents of the complainant’s prior sexual
behavior with respect to the respondent and are offered to prove consent.
If a party or witness does not submit to cross-examination at the live hearing, either due to
absence from the hearing or due to the party’s or witness’s refusal to answer
cross-examination or other questions, the Hearing Officer will not rely on any statement
of that party or witness in reaching a determination regarding responsibility; however,
the Hearing Officer will not draw an inference about the determination regarding
responsibility based solely on a party’s or witness’s absence from the live hearing or refusal
to answer cross-examination or other questions.
The college will make all evidence obtained as part of the investigation that is directly
related to the allegations raised in the formal complaint available for the parties’ inspection
and review during the hearing. In addition, the college will create an audio or audiovisual
recording, or transcript, of the live hearing, which the Title IX Coordinator will make available
to the parties for inspection and review upon request.
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Determination Regarding Responsibility
Within ten (10) business days after the conclusion of the hearing, the Hearing Officer will
make a decision regarding responsibility. The Hearing Officer will apply a preponderance of
the evidence standard when determining responsibility. Within seven (7) business days of
reaching their decision, the Hearing Officer will issue a written determination to both parties
simultaneously. The written determination will include:
1. Identification of the allegations potentially constituting sexual harassment as defined
in 34 C.F.R. § 106.30 (Title IX) and/or constituting sexual violence, domestic violence,
dating violence or stalking pursuant to the Preventing Sexual Violence in Higher
Education Act;
The new Title IX regulations require the college to provide parties with at least 10 days to
submit a written response to the evidence, and they require the investigator to consider
those responses before completing the report.
2. A description of the procedural steps taken from the receipt of the formal complaint
through the determination, including any notifications to the parties, interviews with
parties and witnesses, site visits, methods used to gather other evidence, and hearings
held;
3. Findings of fact supporting the determination;
4. Conclusions regarding the application of the College Code of Conduct or other conduct
standards to the facts;
5. A statement of, and rationale for, the result as to each allegation, including a
determination regarding responsibility, any disciplinary sanctions the college imposes
on the respondent, and whether remedies designed to restore or preserve equal
access to the college’s education program or activity will be provided by the college to
the complainant; and
6. The procedures and permissible bases for the complainant and respondent to appeal.
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Appeals
Both parties will have the right to appeal any determination regarding responsibility, and any
dismissal of a formal complaint or allegations therein, to the Vice President of Student Affairs
or designee. An appeal must be based on one or more of the following grounds:
1. A procedural irregularity occurred;
2. New evidence or information exists that could affect the outcome of the matter;
3. The Title IX Coordinator, Investigator or Hearing Officer had a conflict of interest or
bias for or against complainants or respondents generally, or the individual complainant
or respondent, that affected the outcome of the matter; and/or
4. The sanction is disproportionate with the violation.
A party who wishes to appeal a determination regarding responsibility or a dismissal of a
formal complaint or allegations therein must submit a written appeal request to the Title IX
Coordinator within seven (7) business days of the party’s receipt of the written determination
or written dismissal notice. The written appeal request must identify the ground(s) on which
the party seeks to appeal the determination or dismissal.
Within seven (7) business days of the Title IX Coordinator’s receipt of an appeal request, the
Title IX Coordinator will forward the appeal request to the Vice President of Student Affairs
or designee and will notify the other party in writing that an appeal has been filed. Before
reaching a determination regarding the appeal, the Vice President of Student Affairs will
afford both parties an equal opportunity to submit a statement in support of, or challenging,
the determination or responsibility or dismissal that is the subject of the appeal. Within
seven (7) business days after the Vice President of Student Affairs or designee has concluded
their review of the appeal, the Vice President of Student Affairs or designee will issue a written
decision simultaneously to both parties, describing the outcome of the appeal and the
rationale for the outcome. The Vice President of Student Affairs or designee’s decision
is final.
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Confidentiality
The college will strive to protect the confidentiality of the parties and records to the extent
permitted by law. However, the college cannot ensure confidentiality in every situation. The
college will evaluate requests for confidentiality in the context of its responsibility to provide a
safe and nondiscriminatory environment for all students. Accordingly, the college may weigh
the request for confidentiality against the following factors: the seriousness of the alleged
harassment; the complainant’s age; whether there have been other harassment complaints
about the same individual; and the alleged harasser’s rights to receive information about the
allegations if the information is maintained by the school as an “education record” under the
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99.15.
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Retaliation
Retaliation means adverse action taken against a student because they have, in good
faith, reported harassment or provided information in support of a harassment complaint.
Retaliation violates the college’s policy and is also illegal. A person engaging in retaliatory
conduct will be subject to corrective action, up to and including expulsion or termination.
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Reprisal Against Alleged Harasser
It is against this policy to take into account the filing of a complaint against an employee or
a student when making determinations such as reappointment, tenure, promotion, grades,
merit, or any other evaluation, unless a final determination has been made that the employee
or student did in fact violate this policy. The fact that a complaint has been filed is not proof of
the prohibited conduct and should not be treated as such.
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False Claims
Allegations of harassment are extremely damaging by their very nature. All claims of
harassment must be made in good faith. Any claims that are brought while knowingly
false, with malicious intent, or out of retaliation are a violation of this policy. Students who
violate this policy will be disciplined and subjected to corrective actions, up to and including
expulsion.
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External Complaints
While the college encourages individuals to use the college’s internal procedures to resolve
harassment, discrimination or sexual violence concerns, students also have the right to file
a complaint with various external agencies. They may file in addition to or in lieu of filing an
internal campus complaint. Students may also file a criminal complaint with the RVC Police
Department or the Rockford Police Department. No retaliation shall be taken against a
student for filing an external complaint.
At any time during the course of the investigation, hearing, and/or appeal, students and
employees with questions about Title IX or those who believe they have been subjected to sexual
misconduct or retaliation may file a complaint with the Office for Civil Rights (OCR):
Chicago Office - Office for Civil Rights
U.S. Department of Education
John C. Kluczynski Federal Building
230 S. Dearborn Street, 37th Floor
Chicago, IL 60604
Phone: (312) 730-1560 | Fax: (312) 730-1576
Email: OCR.Chicago@ed.gov
OCR Website: https://www.ed.gov/
Sexual misconduct or retaliation based thereon in violation of Title VII of the Civil Rights Act, 42
U.S.C. § 2000e et seq., may file a complaint with the Illinois Department of Human Rights (IDHR) or
the Equal Employment Opportunity Commission (EEOC):
Illinois Department of Human Rights
James R. Thompson Center
100 W. Randolph Street, Suite 10-100, Chicago, Illinois 60601
(312) 814-6200 | TTY: (866)740-3953
Website: www2.state.il.us/dhr
Equal Employment Opportunity Commission
Chicago District Office
JCK Federal Building
230 S Dearborn Street (Suite 1866)
Chicago, Illinois 60604
Phone: (312) 872-9744
Website: https://www.eeoc.gov/field-office/chicago/location