Appendix I: Sexual Assault Policy

Sexual assault is a criminal act that violates the standards of our community and is unacceptable at the University of Chicago. Sexual assault can be devastating to the person who experiences it directly and can be traumatic to the person's family, friends, and larger community as well. Regardless of the definitions provided below, anyone who believes she or he has been sexually assaulted is encouraged to report the incident and to seek medical care as soon as possible. The policy is available online at uchicago.edu/sexualassault.

Policy Application and Resources

The University's sexual assault policy applies to students, staff, postdoctoral scholars and fellows, and faculty and other academic appointees, as well as to anyone on whom the University has formally conferred a title, regardless of employment status. For these individuals, the University provides education and sexual assault prevention resources, offers numerous support services and referrals for anyone who has experienced sexual assault, encourages and facilitates reporting and prosecution of sexual assault, and is committed to disciplining anyone who violates this policy. The University may also investigate alleged violations of this policy received from individuals outside the institution regarding individuals within the University if, for example, the alleged violation occurred on University property.

Definitions and Important Principles

The University's definition of sexual assault encompasses the State of Illinois Criminal Code's current terminology and definitions of both sexual assault (frequently referred to as rape) and sexual abuse. The University incorporates the State's very explicit definitions of several important terms, adds two important principles, and recognizes that sexual assault is not a gender-specific crime.

Sexual assault is:

an act of sexual penetration or sexual conduct by the use of force or threat of force, including threatening or endangering the life of the victim or any other person; or
an act of sexual penetration or sexual conduct where the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; or
an act of sexual penetration or sexual conduct with a victim who was under age 17 when the act was committed, or with a victim who was under age 18 when the act was committed and the accused was age 17 or more and held a position of trust, authority, or supervision in relation to the victim;* or
an act of sexual penetration or sexual conduct in which the accused delivered (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.

* The age of consent in Illinois is 17 but rises to 18 if the accused holds a position of trust, authority, or supervision in relation to the victim.

"Sexual penetration" means any contact, however slight, between the sex organ or anus of one person and an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio, or anal penetration.

"Sexual conduct" means any intentional or knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.

"Victim" means a person alleging to have been subjected to conduct prohibited by this policy and does not imply pre-judgment.

"Accused" means a person accused of conduct prohibited by this policy and does not imply pre-judgment.

"Force or threat of force" means the use of force or violence, or the threat of force or violence, including but not limited to (1) when the accused threatens to use force or violence on the victim or on any other person, and the victim under the circumstances reasonably believes that the accused has the ability to execute that threat or (2) when the accused has overcome the victim by use of superior strength or size, physical restraint or physical confinement.

"Consent" is the freely given agreement to the act of sexual conduct or sexual penetration in question. The lack of explicit consent does not imply consent. The lack of verbal or physical resistance or the submission by the victim resulting from the use of force or threat of force by the accused does not constitute consent. The manner of dress of the victim at the time of the offense does not constitute consent. A person who initially consents to sexual penetration or sexual conduct is deemed not to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.
NOTE: Use of alcohol or drugs may impair an individual's capacity to consent freely and may render an individual incapable of giving consent.

Important Principles

Confidentiality. The University of Chicago will make every reasonable effort to preserve an individual's privacy and protect the confidentiality of information related to sexual assault. The University may issue a safety awareness alert, a brief description including time and location, to notify the community about the occurrence of a serious crime or pattern of crimes that might put the public at risk. The University is also required by law to tabulate and annually report sexual assault and other campus crime statistics to the public. These statistics and the list of people to whom a crime may be reported for it to be included in the statistics appear in this publication and at commonsense.uchicago.edu. Neither safety awareness alerts nor campus crime statistics contain specific victim-identifying information. The confidentiality of disciplinary proceedings deserves special mention. Honoring the confidentiality of disciplinary proceedings and their outcomes is the responsibility of the accused, the victim, the institution, and all others participating in or privy to those proceedings. Unless disclosure is authorized by law, failure to respect the confidentiality of the proceedings and their outcome may result in disciplinary consequences within the University, as well as potential civil liability.
Institutional Obligation. Because sexual assault is a serious crime that may threaten the community as a whole, in rare instances the University may be obliged to pursue an alleged sexual assault through internal disciplinary procedures without the cooperation of the victim. Always in such instances, the University will inform the victim of its obligation to address a community safety issue.

Support Services and Resources

The needs of someone who has been sexually assaulted vary from person to person and may vary over time. The University offers a diverse array of services and external resources, many of which may be accessed twenty-four hours a day, so that a person may choose what she or he would find most helpful and healing. Many of those resources are described at rsvp.uchicago.edu/resources/assault.

The University urges anyone who has been sexually assaulted to seek support as soon as possible to minimize and treat physical harm, assist with processing the unique and complex emotional aftermath, and help preserve and understand options for pressing charges. Even for someone who does not wish to report the event to the police or pursue disciplinary action, seeking medical attention as soon as possible is important. At any point that an individual is ready to come forward, the University of Chicago is prepared to help her or him.

Resources for Everyone

The University of Chicago Medical Center’s Mitchell Emergency Room: Medical and Counseling Services, 773.702.6250,
901 East 58th Street (24/7)
The Mitchell Emergency Room follows specific policies and procedures, approved by the State, in treating an individual who has been sexually assaulted. The State of Illinois will pay for emergency room care for victims who have been sexually assaulted and do not have health insurance; if a victim provides health insurance information to the emergency room, the emergency room will bill the insurance company and the policyholder will be notified as usual.

The victim is placed in a private room.
Medical care is given as soon as possible.
A Sexual Assault Survivor Advocate or a Sexual Assault Dean-on-Call (for a student) may be called, based on a victim's preferences.
By law, city police are notified; and the victim may choose to file a report.

University Police Department: 773.702.8181 or 123 from a campus phone (24/7)

The UCPD urges anyone who has been sexually assaulted to call immediately in order to strengthen the likelihood of successful prosecution. A University Police officer can be summoned from any of the emergency phones located throughout the community. Responsibilities of the UCPD include:

attending to the immediate needs of the victim, including personal safety and prompt medical care
when appropriate, broadcasting a description of the offender
notifying the Sexual Assault Dean-on-Call if the victim is a student

The UCPD recommends the prompt reporting of sexual assaults. Nevertheless, individuals should not be reluctant to file a report at a later date. In general, a report must be made to the police no more than two years after the sexual assault. (The rules are different for circumstances involving DNA evidence or victims under age 18.) Reporting an incident does not obligate a person to press charges.

Chicago Police Department: 911 (24/7)

Religious Organizations
A variety of groups offer pastoral care and a community of faith to address individual needs. For more information, visit spirit.uchicago.edu/orgs.

Specifically for University Students

Sexual Assault Dean-on-Call: 773.702.8181 (via University Police 24/7)
At any time, students may contact a Sexual Assault Dean-on-Call, who is trained to respond to sexual assault emergencies. A caller does not have to tell the operator why he or she is calling or give his or her name. A student may contact this Dean even if he or she has not decided yet whether to report the sexual assault to the police. This Dean is available to answer any general or personal questions related to sexual assault and can help with:

finding emotional support
getting medical care
reporting the crime to the police
preserving evidence, and, if you wish, pressing charges
adjusting living arrangements
managing academic obligations
getting counseling
referring complainants of sexual harassment to an Unlawful Harassment Complaint Advisor

For more information, visit deanoncall.uchicago.edu.

Primary Care Service: 773.702.4156,
5841 South Maryland Avenue
Physicians and certified nurse practitioners provide for students ongoing follow-up health care and services, including pregnancy testing, counseling, and referral services; and sexually transmitted infection testing, diagnosis, and treatment. The Physician-on-Call is available twenty-four hours a day for emergency consultation. While acute, immediate post-assault treatment is provided at the Mitchell Emergency Room, the Primary Care Service offers follow-up care, including health care services for students who have chosen not to seek care immediately after an assault. For more information, visit scc.uchicago.edu and scc.uchicago.edu/appointments.html.

Student Counseling Service: 773.702.9800,
5737 South University Avenue (A Staff-Member-on-Call is available 24/7.)
SCS supports students who are working through an experience of sexual assault or questions about relationships and sexuality. Consultation with a staff member is available in person during regular business hours and by telephone for after-hours emergencies. For more information, visit counseling.uchicago.edu.

Dean of Students: 773.834.9710,
5801 South Ellis Avenue (Office of Campus and Student Life)
At any time, students may contact their area Dean of Students or the Office of Campus and Student Life. Deans of Students are available to help and work with students throughout the process, addressing short-term and long-term personal or academic issues that arise.

Resources for Sexual Violence Prevention: 773.702.7200
RSVP organizes interactive peer workshops and educational programs on acquaintance rape, prevention, sexual violence, and gender issues. For more information, visit rsvp.uchicago.edu.

Peer Health Educators: 773.834.5220
Organized by the Student Care Center, this group of students develops programs and presentations for students on a variety of sensitive subjects, including sexual health. For more information, visit scc.uchicago.edu/health_101_phe.html.

College Programming Office: 773.702.8616
CPO presents an annual program called Sex Signals for incoming undergraduate students on issues of alcohol, dating, sex, and consent. For more information, visit cpo.uchicago.edu.

Specifically for Staff, other Academic Appointees, and Faculty

Primary Care Group Physician or Nurse Practitioner/Physician-on-Call: 773.702.6840

Human Resource Services Employee/ Relations (for staff): 773.702.4411

Provost’s Office (for faculty and other academic appointees): Ingrid Gould, 773.702.8846

Perspectives (Staff and Faculty Assistance Program) (24/7): 800.456.6327

Counseling: For more information on services provided to employees affected directly and indirectly by sexual assault, visit www.perspectivesltd.com.

Non-University Resources for Everyone

Chicago Rape Crisis Hotline (24/7): Immediate and long-term referrals, information, and counseling, 888.293.2080

LGBT Crisis Hotline (24/7): Information, counseling, and referrals, 773.871.2273

Chicago Women’s Health Center: Gynecological care and counseling, 773.935.6126

Metro YWCA: Counseling and legal advocacy, 312.372.6600

Parks Francis YWCA: Counseling and legal advocacy, 773.955.3100

Center on Halsted: Services for the LGBT community, 773.472.6469

Rape Victim Advocates: Counseling, 312.443.9603

Mayor’s Office for Domestic Violence (24/7): Information and referrals, 877.863.6338

Chicago Bar Association: Lawyer referral service, 312.554.2000

University Discipline Procedures

The appropriate University disciplinary avenue is determined by the status of the person accused of sexual assault. Anyone may choose to bring forward a complaint within the University instead of or in addition to seeking redress outside the institution in the legal system. Someone with a complaint of sexual assault may also opt to pursue his or her case via the legal system without engaging the University's disciplinary process, although, in the interest of community safety, the University may be obliged to pursue an alleged sexual assault through internal disciplinary procedures. Unlike the State of Illinois, the University does not impose a time limit after which it will not consider formal complaints of sexual assault. However, timely disciplinary processes take advantage of the freshest recollections and evidence and can enable the victim more promptly to resolve what is often a traumatic and painful situation.

If the accused is a student, a complaint is addressed within the procedures for student discipline described in the Student Manual of University Policies & Regulations at studentmanual.uchicago.edu. The complaint should be addressed to the Dean of Students in the accused student’s academic unit (College, division, or school).

If the accused is a staff employee, a staff member from Human Resources Services Employee/Labor Relations Department will guide the individuals through the appropriate process.

If the accused is a faculty member or other academic personnel member, a formal complaint is initially addressed by the cognizant academic dean and an Associate Provost, and, as warranted, by the Provost.

Sanctions for a member of the University community found to have sexually assaulted another person may include termination of employment or expulsion. If, after a University of Chicago degree is awarded, the Dean of Students is informed of misconduct that occurred before the degree was awarded, disciplinary proceedings may be initiated. If an Area Disciplinary Committee is convened, the committee may recommend revocation of the degree.

Related Policies

Policy on Unlawful Discrimination and Harassment: studentmanual.uchicago.edu/university/index.shtml#unlawful2

Personnel Policy U601 (Treatment of Confidential Information): hr.uchicago.edu/ policy/p601.html

Personnel Policy U 402 (Counseling Service, Staff and Faculty Assistance Program): hr.uchicago.edu/policy/p402.html

University Disciplinary Systems for Students: studentmanual.uchicago.edu/student/index. shtml#disciplinary

Personnel Policy U703 (Progressive Corrective Action): hr.uchicago.edu/policy/p703.html

Personnel Policy U208 (Termination of Employment Information): hr.uchicago.edu/ policy/p208.html

Discipline for Faculty and Other Academic Personnel:
facultyhandbook.uchicago.edu/page/termination-removal-cause