Scope of Policy

Scope of Policy 

No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or otherwise be subjected to sex discrimination under any Rockford University academic, extracurricular, research, occupational training, or other education program or activity. This Policy applies to incidents of sex discrimination, sex-based harassment, and retaliation (collectively “Prohibited Conduct”) that occurs in a University educational program or activity.

All Rockford University community members are responsible for their actions and behavior, and for adhering to University policies and local, state, and federal law. This Policy, therefore, applies to all members of the University community who participate in any of the University’s program and activities, including students, employees, contractors, vendors, volunteers, or other third parties. Any person may experience sex discrimination, sex-based harassment, or retaliation, irrespective of the identity of the Complainant or Respondent, and is encouraged to report such incidents to the University. Any person, regardless of whether or not the person reporting the alleged incident is the person alleged to be victimized by the incident, may report Prohibited Conduct to the Title IX Coordinator, the Title IX Coordinator’s designee(s), or University Mandated Reporters.

There is no time limit for reporting allegations of sex discrimination, sex-based harassment, and retaliation, however, Rockford University strongly encourages the prompt reporting of such Prohibited Conduct to allow Rockford to respond promptly and effectively. The applicable grievance procedures will depend upon the form of Prohibited Conduct and status of the Complainant at the University. This Policy and Procedures applies to incidents that occurred after August 1, 2024. Incidents that occurred prior to August 1, 2024, will be addressed under the Policy in effect at the time of the incident. For information about the applicable Policy to incidents before August 1, 2024, contact the Title IX Coordinator.

JURISDICTION OF POLICY

This Policy applies to all sex discrimination, including sex-based harassment, that occurs under Rockford University’s education program or activity. Education programs and activities include all of the University’s operations over which Rockford exercises disciplinary authority, otherwise has substantial control, or affects substantial University interest. This includes conduct that takes place on the campus, at University sponsored events, and may also apply off-campus and to actions online.

The University’s disciplinary authority includes, but is not limited to:
• Conduct that occurs in a building owned or controlled by a student organization that is officially recognized by Rockford University
• Conduct that occurs in off-campus settings that are operated or overseen by the University such as field trips, online classes, and athletic programs
• Conduct subject to Rockford University’s disciplinary authority that occurs off campus such as off-campus housing and study abroad programs
• Conduct that takes place via University-sponsored electronic devices, computer and internet networks and digital platforms operated by, or used in the operations of, Rockford University, including AI technologies
• Conduct that occurs during training programs sponsored by the University at another location

A substantial University interest is defined to include:

• Any action that constitutes criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state or federal law.
• Any situation where it appears that the respondent may present a danger or threat to the health or safety of self or others.
• Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder.
• Any situation that is detrimental to the educational interests of the University. Rockford University will also address a sex-based hostile environment under its education program or activity, even when some conduct alleged to be contributing to the hostile environment occurred outside its education program or activity or outside the United States.

This is not an exhaustive list of conduct or scenarios that may fall under this Policy. Additional forms of conduct or scenarios may fall under this Policy, depending on the facts. Therefore, the application of this Policy will rely upon a fact-based analysis to determine if Rockford University has disciplinary authority over the Respondent’s conduct in the context in which the alleged conduct occurred.

The Illinois statute (110 ILCS 155/ Preventing Sexual Violence in Higher Education Act) applies to incidents of sexual violence, domestic violence, dating violence or stalking, regardless of where the incident occurs. In the limited circumstances in which Title IX permits different treatment or separation on the basis of sex, Rockford University will not carry out such different treatment or separation in a manner that discriminates on the basis of sex by subjecting a person to more than de minimis harm.

Reported incidents that do not fall under this Policy may be addressed under other institutional policies, such as the Rockford University Code of Conduct, Faculty Handbook, Employee Handbook, etc.

PRIVACY & CONFIDENTIAL EMPLOYEES

Rockford University is committed to protecting the privacy of all individuals involved in a report of sex discrimination, sex-based harassment, retaliation. In any report under this Policy, every effort will be made to protect the privacy interests of all individuals involved in a manner consistent with the need for a careful assessment of the conduct alleged and any necessary steps to end the alleged sex discrimination and prevent its recurrence. Privacy, confidentiality, and privilege have distinct meanings under this policy.

Privacy
Privacy generally means that information related to a report of sex discrimination, sex-based harassment, or retaliation will only be shared with a limited circle of individuals, including individuals who “need to know” in order to assist in the evaluation, investigation, or resolution of the report or to deliver resources or Supportive Measures. While not bound by confidentiality or privilege, these individuals will be discreet and respect the privacy of all individuals involved in the process. All participants in an investigation of sex discrimination, sex-based harassment, or retaliation, including Advisors and witnesses, will be informed that privacy helps enhance the integrity of the investigation and protect the privacy interests of the Parties and will be asked to keep any information learned in an investigation meeting or hearing confidential, to the extent consistent with applicable law.

Rockford University will not disclose personally identifiable information obtained while carrying out this Policy and Procedures, except in the following circumstances:
1 Except as permitted by 20 U.S.C. 1681(a)(1) through (9) and the corresponding regulations §§ 106.12 through 106.15, 20 U.S.C. 1686 and its corresponding regulation § 106.32(b)(1), or § 106.41(b). Adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with the person’s gender identity subjects a person to more than de minimis harm on the basis of sex. (34 CFR Part 106.31)

(1) When the University has obtained prior written consent from a person with the legal right to consent to the disclosure;
(2) When the information is disclosed to a parent, guardian, or other authorized legal representative with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;
(3) To carry out the purposes of this Policy, including action taken to address conduct that reasonably may constitute sex discrimination, sex-based harassment, and retaliation under Title IX in the University’s education program or activity;
(4) As required by Federal law, Federal regulations, or the terms and conditions of a Federal award, including a grant award or other funding agreement; or
(5) To the extent such disclosures are not otherwise in conflict with Title IX or this Policy, when required by State or local law or when permitted under FERPA, 20 U.S.C. 1232g, or its implementing regulations, 34 CFR part 99.

Unauthorized Disclosure of Information & Evidence

Rockford University has the right to take reasonable steps to prevent and address the Parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures set forth under this Policy. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

Confidential Employees
Certain individuals are designated as having confidentiality. For reports made to employees designated as having confidentiality, the University will respect the reporting Party’s expectations of privacy to the extent permissible by law while still ensuring compliance with other reporting obligations. For example, complaints involving minors are subject to mandatory reporting requirements.

Confidential Employees will notify any person who informs them of conduct that reasonably may constitute sex discrimination, sex-based harassment, or retaliation of their status as confidential, including the circumstances in which the employee is not required to notify the Title IX Coordinator about such conduct. Confidential Employees can also provide information about how to contact the Rockford University Title IX Coordinator; how to make a complaint of sex discrimination, sex-based harassment, or retaliation; and that the Title IX Coordinator may be able to offer and coordinate Supportive Measures as well as initiate an informal resolution process or an investigation under this Policy (as applicable).

As noted above, because of the confidential nature of these employees, disclosing information to or seeking advice from a Confidential Employee does not constitute a report or Complaint to the University. A person consulting with a Confidential Employee may later decide to make a report or complaint to the University and/or law enforcement.

Community members wishing to seek completely confidential assistance may also speak with off-campus licensed professionals, local rape crisis counselors, clergy/chaplains, and domestic violence resources, who will maintain confidentiality.

Release of Information: Pursuant to the Clery Act, anonymous statistical information must be shared with Campus Safety or the Compliance Office where required by the Clery Act. Annual Clery reporting to the U.S. Department of Education is required by educational institutions for certain offenses that have been reported at campus locations. The information contained in the Clery report tracks the number of Clery reportable offenses occurring at campus locations and does not include the names or any other identifying information about the persons involved in the incident.

Rockford may share non-identifying information about reports received in aggregate form, including data about outcomes and sanctions.

Reports may be made at any time, including during non-business hours, by using the telephone number or email address or by mail to the office address listed for the Title IX Coordinator.

The Rockford University Title IX Coordinator is:

Dr. Randy Worden, Vice President for Student Life and Title IX Coordinator
Student Life Office Suite, 1st floor Burpee Student Center (next to Den)

5050 E. State Street
Rockford, IL 61108
Phone: 815-226-3398
E-Mail: rworden@rockford.edu