Title IX

Title IX is a civil rights law passed in 1972, which prohibits gender discrimination in educational settings that receive federal funding. Sexual harassment, sexual assault, sexual misconduct and other gender-based conduct violations are all considered discrimination, regardless of the gender and sexual orientation of the reporting party and the accused.

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 USC 1681(a).

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Triton College and Title IX

In accordance with Title IX of the U.S. Department of Education’s Education Amendments of 1972, Triton College reaffirms its commitment to affirmative action and offers equal employment and educational opportunities, including career and technical education opportunities, without regard to race, color, religion, sex, national origin, disability, veteran status, age, or any other basis which is protected by law except where such characteristics are bonafide occupational requirements. Grievance procedures are available to interested persons by contacting either of the compliance officers listed below.

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Role of Title IX Coordinator
The Title IX Coordinator is the individual who has been designated by the College to oversee compliance with federal requirements under Title IX. This includes all duties associated with effectively responding to allegations of sexual violence, ensuring annual training campus-wide, and the provision of educational opportunities and prevention efforts for the campus community. The Title IX Coordinator has no "side" during the investigation and conduct process and serves as a neutral fact-finder and resource for both the complainant and the respondent.

Title IX incidents and concerns should immediately be reported to the Title IX Coordinators:

Students and Staff

Joe Klinger
AVP, Human Resources
Triton College, Room P-105
River Grove, IL 60171
(708) 456-0300, Ext. 3743
joeklinger@triton.edu

Section 504
Deborah Kaczmarek
Director, Center for Access and Accommodative Services
Triton College
2000 Fifth Avenue, Room A-137
River Grove, IL 60171
(708) 456-0300, Ext. 3854
deborahkaczmarek@triton.edu

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What are your rights?

• A safe environment: Triton College will take the necessary measures to protect the safety of the campus community
• Respect: All parties involved in any sexual misconduct incident will be treated with dignity and respect
• An adequate, reliable and impartial investigation
• Advocacy, counseling and confidential support services
• Remedies as necessary

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Who may initiate a Title IX Report?

Any Triton College community member, parent or family member, or legitimate user of Triton College facilities or programs may initiate a Title IX report.

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Title IX Reporting

Students:
Step 1:  File your Complaint Here:  Title IX Report
Step 2:  Contact Joe Klinger, AVP, Human Resources

Faculty and Staff:
Step 1:  File your Complaint Here:  Title IX Report
Step 2:  Contact Joe Klinger, AVP, Human Resources

Investigation
Every report implicating Triton College's compliance with Title IX will be investigated. Investigations will normally be conducted by the Dean of Student Services when the respondent is a student or by the Associate Vice President of Human Resources when the respondent is a faculty or staff member.

The investigation will be appropriate to the circumstances of the report and will normally consist of interviews with the subjects of the report, with witnesses and others who may have relevant knowledge, and a review of pertinent documentation or other evidence.

Confidentiality during the Investigation
The College will make every reasonable effort to preserve an individual's privacy and protect the confidentiality of information when requested. Reports will be treated confidentially to the extent permitted by the College's Title IX reporting requirements and need to investigate and resolve the reported problem. Whenever possible, the complainant's identity will not be disclosed without the consent of the complainant. However, without consent to disclose the complainant’s identity, the College may be limited in pursuing disciplinary action.

Confidential Advisor
A Confidential Advisor is a designated Triton College employee trained to provide ongoing support to student survivors of sexual violence.

Confidential Advisor(s):
Tracy Wright
Counselor
Triton College
2000 Fifth Avenue
River Grove, IL 60171
(708) 456-0300, ext. 3567
tracywright@triton.edu

Appeal Process
Both subjects of the Title IX report, i.e. the complainant and the respondent, have the right to file an appeal if there is disagreement with the results and conclusion of the resolution of the issue. All appeals must be filed in writing.

All appeals are limited to significant new information, evidence, or procedural errors that may have impacted the outcome of the completed Title IX investigation. Appeals must be filed by notifying the Title IX Coordinator in writing within ten (10) working days of receiving the notice of resolution. The Title IX Coordinator will consider the new information, engage additional investigative steps as appropriate, and inform the students as soon as practicable of any change(s) in the outcome, which shall stand as the final outcome of the Title IX investigation. Should either student wish to pursue the matter further, they may choose to do so through the college’s established student conduct process.

Either the complainant or the respondent may appeal if they feel the accommodations that accompany a Title IX process are excessively disruptive. The student must submit such an appeal to the Title IX Coordinator in writing within ten (10) days of receiving this notice, and include any suggestions for reducing the burden of accommodations. The Title IX Coordinator will consider the appeal, consult with colleagues as necessary to explore potential alternative accommodations that may be appropriate given the circumstances, and notify the students of any change(s). The resulting accommodations cannot be appealed in the context of this investigation.

Range of Sanctions
Students or Employees found in violation of this policy are subject to sanctions included in the Code of Conduct and collective bargaining agreements; up to and including expulsion or termination.

Amnesty for Victims and Witnesses
If a student in good faith reports an incident because of another violation occurring at the same time (e.g., under-age drinking) Triton College offers amnesty for non-egregious policy violations surrounding the incident.

Interim Protective Measures
Interim Protective Measures are temporary actions taken by the College prior to concluding the investigation which may be applied to the Reporting Party, Responding Party, and other involved Triton community members as appropriate to ensure their safety and well-being and to limit undeterred campus, educational and employment access. Interim Protective Measures may be requested by the Reporting Party or the Responding Party, or the College can initiate the Interim Measures in the absence of a request, at any time, during the process.

If requested by the survivor, and if reasonably available, the College may assist the survivor in:

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• Assisting the survivor in accessing legal, medical, and academic assistance
• Imposition of a campus no contact order
• Assisting the student survivor with exploring options to address academic concerns, such as transferring class sections, taking an incomplete in a class or filing a grade grievance
• Inform survivor of right to report incident to campus or law enforcement
• Educational measures that do not identify the survivor, but address violations
• Rescheduling of exams and assignments

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Examples of violations include but are not limited to:

Sexual Harassment - A form of prohibited sex discrimination. Unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature by a College employee, by another student, or by a third party, constitutes sexual harassment if such conduct is sufficiently severe, persistent, or pervasive to limit the student's ability to participate in or benefit from an education program or activity, or create a hostile or abusive educational environment.

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• The Elements of Sexual Harassment:
• Repeated requests for dates and sex
• Sexually oriented humor or language
• Kissing sounds, whistling, cat calls
• Obscene phone calls
• Comments about sexual likes/dislikes
• Comments about sexual behavior
• Leering or ogling
• Repeated "love" letters
• Sexually oriented electronic messages or images
• Email/screen-savers/desktop "wall paper"
• Intrusive touching including pats, hugs, squeezes, pinches, and/or brushing up against someone
• Unwanted kissing
• Unwanted fondling
• Rape

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Stalking - Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, of his or her immediate family.

• The Elements of Sexual Harassment:
• A person willfully, maliciously, and repeatedly followed or harassed another person;
• That person following or harassing made a credible threat;
• The person who made the threat did so with the specific intent to place the other person in reasonable fear for his or her safety or the safety of the immediate family of such person(s).

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Dating Violence - includes any abuse, mistreatment, or sexual contact without consent at any stage of a dating relationship.

Domestic Violence - abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, "cohabitant" means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to:

• Sexual relations between the parties while sharing the same living quarters;
• Sharing of income or expenses
• Joint use or ownership of property;
• Whether the parties hold themselves out as husband and wife;
• The continuity of the relationship, and
• The length of the relationship

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For complete information see Illinois (750 ILCS 60/) Illinois Domestic Violence Act of 1986.

Retaliation - Any form of intimidation, reprisal or harassment against an individual because they made a report of discrimination or harassment or because that individual has participated in an investigation of discrimination or harassment by or of a Triton College community member and includes:

• Firing, refusing to hire, or refusing to promote the individual;
• Departing from any customary employment or academic practice regarding the individual;
• Transferring or assigning the individual to a lesser position in terms of wages, hours, job classification, job security, employment or academic status;
• Informing another student, staff or faculty member who does not have a need to know that the individual has made a complaint or participated in an investigation of a complaint of sexual harassment; or
• Impeding the individual’s academic advancement in any College activity or program.

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Sexual Assault - Sexual intercourse, oral sex, groping, or other sexual contact without the consent of one of the parties.

What is consent to engage in sexual activity?

Consent is not:

• Automatic - even if there is a prior relationship
• Silence or passivity - lack of resistance does not imply consent
• If obtained once it does not imply consent to other forms of sexual activity
• A reasonable fear that he/she or another will be injured if he/she does not submit to or engage in the sexual activity
• Obtained if the person is incapacitated due to mental condition or drug or alcohol use, or is asleep or unconscious.

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Consent is:

• An affirmative decision by all participants to engage in mutually acceptable sexual activity
• Unambiguous, clear, knowing, and voluntary approval given by words or demonstrated actions to engage in sexual activity
• A decision that must be made freely and actively by all participants
• Clarification from the other participant about a willingness to continue sexual activity if any confusion or ambiguity on the issue of consent arises at any time during the sexual activity

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Pregnant and Parenting Student Rights: Title IX

Title IX prohibits discrimination on the basis of sex — including pregnancy, parenting and all related conditions — in education and in programs and activities that receive federal funding. If you are a pregnant or parenting student, you have the right to stay in school so you can meet your education and career goals.

 Title IX - Pregnancy FAQs

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Counseling and Support Services

Triton College Counseling Department
              Triton College Counseling: Triton College Counseling Department

Nearest Medical Facility:
              Gottlieb Memorial Hospital
              701 W. North Avenue
              Melrose Park, IL 60160
              (708) 681-3200

Resources for Divorcing Women
              The Lilac Tree: http://www.thelilactree.org/

Domestic Violence and Abuse Prevention
              IDHS: http://www.dhs.state.il.us/page.aspx?item=31886

              Sarah’s Inn: http://www.sarahsinn.org

              Pillars: https://www.pillarscommunity.org

Any public or private not-for-profit agency that provides services to victims of domestic violence may apply to the Illinois Attorney General for funding from the Domestic Violence Fund.

Mental Health Resources
              Substance Abuse & Mental Health Services Administration: http://www.samhsa.gov

              Perspectives:  Contact Triton College’s Counseling Department for a current brochure

              Pillars: https://www.pillarscommunity.org

Alcohol/Drug Treatment
              Alcoholics Anonymous: http://www.aa.org

              Gateway: https://www.gatewayfoundation.org

              IDHS: http://www.dhs.state.il.us/page.aspx?item=29725

              Pillars: https://www.pillarscommunity.org

              Substance Abuse & Mental Health Services Administration: http://www.samhsa.gov

Illinois Compensation Programs

The Illinois Crime Victim Compensation Program provides direct financial assistance to innocent victims of violent crime to reimburse out-of-pocket expenses related to the crime.

The Domestic Violence Fund provides funding for legal advocacy, legal assistance, and legal services to victims of domestic violence who are or have been married or in a civil union. This fund is awarded from a portion of marriage license fees and a portion of civil union license fees.

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