Sexual Discrimination & Title IX

 

Photo of Female Student Looking Out the Window

Stats About Sexual Misconduct On College Campuses (notalone.gov)

 

  • 1 in 5 women and 1 in 16 men are sexually assaulted in college

  • 40% of survivors fear reprisal by their attacker

  • Only 2% of incapacitated rape survivors report assault

  • Only 13% of rape survivors report assault

  • 8 in 10 survivors knew their attacker (friend, significant other, etc.)

  • It is estimated that between 2 and 7 percent of sexual assault reports are false

McKendree Sexual Misconduct Policy & Procedures

 

McKendree University (the “University”) is committed to providing a learning, working, and living environment that promotes personal integrity, civility, and mutual respect in an environment free of discrimination on the basis of sex. The University considers sex discrimination in all its forms to be a serious offense. Sex discrimination constitutes a violation of this policy, is unacceptable, and will not be tolerated.

Sexual harassment, whether verbal, physical, visual, or digital, is a form of prohibited sex discrimination, and sexual violence is a particularly severe form of sexual harassment.

McKendree University Sexual Misconduct Policy & Complaint Resolution Procedures (PDF)


Sexual Misconduct


Sexual Misconduct

“Sexual misconduct” is an umbrella term covering sex discrimination, sexual harassment, sexual violence, domestic violence, dating violence, and stalking.

Sex Discrimination

Sex discrimination occurs when persons are excluded from participation in, or denied the benefits of, any University program or activity because of their sex. Sex discrimination can include adverse treatment based on one’s sex.

Sexual Harassment

Sexual harassment is unwelcome conduct of a sexual nature and includes sexual advances, requests for sexual favors, and other verbal, physical, visual, or digital conduct of a sexual nature when:

  • Submission to such conduct is made or threatened to be made, either explicitly or implicitly, a term or condition of an individual’s employment or education

  • Submission to or rejection of such conduct by an individual is used or threatened to be use as the basis for academic or employment decisions affecting that individual or,

  • Such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating what a reasonable person would perceive as intimidating, hostile, or offensive employment, education, or living environment

Sexual Violence

Sexual violence is a particularly severe form of prohibited sexual harassment. Sexual violence includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent because of his or her temporary or permanent mental or physical incapacity, because he or she is below the minimum age of consent in the applicable jurisdiction, or because of his or her incapacitation due to the use of drugs and/or alcohol. Other types of conduct may also constitute sexual violence.

Consent

Lack of consent is a critical factor in determining whether sexual violence has occurred. Consent is informed, freely given, and mutually understood. Consent requires an affirmative act or statement by each participant. Consent is not passive.

Domestic Violence, Dating Violence & Stalking


Domestic Violence

“Domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of a victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Dating Violence

“Dating violence” means violence committed by a person who is or has been in social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.

Stalking

“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.