Additional Policies and Procedures


  1. Rights of Reporting and Responding Parties

    The parties shall be provided with the following in connection with the resolution of suspected or alleged violations of this Policy:

    1. Rights of Reporting Parties
      • Access to confidential on- and off-campus counseling and other support services, with the University’s assistance upon request, including contact information for local rape crisis centers and law enforcement as set forth in the University’s Sex Discrimination, Sexual Misconduct and Interpersonal Violence Policy (“Policy”).
      • Access to or the ability to request information regarding reasonable accommodations to University academic, transportation, work, dining and/or living arrangements, no-contact orders, and other interim measures to enable you to continue to access your education. 
      • Information about the importance of preserving evidence as may be necessary to the proof of criminal sexual assault, domestic violence, dating violence, or stalking.
      • Opportunity to submit a written statement to the Title IX Coordinator when filing a report; however, a written statement is not necessary and information provided by the reporting party in any form will be considered in resolving allegations reported to the University.
      • Notice of your right to choose whether to notify proper law enforcement authorities, including campus law enforcement and local police, and of your right to decline to notify such authorities.
      • Notice of your right to file, separate from any University procedures, a criminal complaint or petition for an order of protection through local law enforcement and of your right to do so with (or without) assistance from the University. 
      • Freedom from retaliation.
      • Amnesty from discipline for alcohol or drug use that occurs during incidents of reported sexual misconduct where the health and safety of third parties is not at risk.
      • Notice of your right to choose whether to file an official complaint with the University.
      • Access to information regarding how the campus will protect your privacy and confidentiality and the full range of options, including potential sanctions, available for the resolution of your complaint.
      • A prompt, fair, impartial and thorough investigation and appropriate resolution of all credible complaints of sexual harassment, sexual violence, sexual exploitation, domestic violence, dating violence, and stalking made in good faith to the University conducted by University officials who receive annual training. 
      • Information regarding the opportunity to object (and the process for doing so) to a University official’s participation in the Investigation and Resolution Procedures if that individual has a conflict of interest.
      • Information and assistance needed to effectively participate in all proceedings regarding the complaint.
      • The same opportunities as the responding party to participate in the Investigation and Resolution Procedures, including:
        • To be accompanied to any interview or other meeting related to this process by the advisor/support person of their choice.  The support person may attend but shall not participate in the hearing, interview or related meeting.
        • To receive timely notice of all interviews/meetings at which they may/must be present, and both parties will be provided with timely and equal access to information.  For interviews, a minimum of 48 hour notice of the interview date, time and location will be provided to the interviewee.
        • To speak on their own behalf, suggest questions to be posed by the University investigator to other participating parties and respond to the other party, and to submit other evidence on their own behalf.
        • To identify and/or present statements from fact witnesses or submit any other evidence that the investigator deems relevant.
        • To receive periodic status updates and to be informed about the outcome of the investigation and resolution process (to the greatest extent possible and consistent with the Family Educational Rights and Privacy Act (FERPA) or other applicable law).
        • To appeal the outcome, including any resulting finding(s), sanction(s) or corrective action(s).
    2. Rights of Responding Parties
      • Access to confidential on- and off-campus counseling and other support services.
      • Notification of the allegations within the complaint, including the nature of the alleged violation.
      • An explanation of the University investigation and resolution process for allegations of sex discrimination, sexual misconduct, and interpersonal violence.
      • Information regarding the University’s process for determining a finding of responsibility and the range of sanctions that may be imposed upon a finding of responsibility.
      • A prompt, fair, impartial and thorough investigation and appropriate resolution of all credible complaints of sexual harassment, sexual violence, sexual exploitation, domestic violence, dating violence, and stalking made in good faith to the University conducted by University officials who receive annual training. 
      • A process in which you are considered “not responsible” for an alleged Policy violation until proven responsible by a preponderance of the evidence.
      • Freedom from retaliation.
      • Access to information regarding how the campus will protect privacy and confidentiality throughout resolution of the complaint.
      • Information regarding the opportunity to dispute (and the process for doing so) to a University’s official’s participation in the Investigation and Resolution Procedures if that official has a conflict of interest.
      • Information and assistance needed to effectively participate in all proceedings regarding the complaint.
      • The same opportunities as the responding party to participate in the Investigation and Resolution Procedures, including:
        • To be accompanied to any interview or other meeting related to this process by the advisor/support person of their choice.  The support person may attend but shall not participate in the hearing, interview or related meeting.
        • To receive timely notice of all interviews/meetings at which they may/must be present, and both parties will be provided with timely and equal access to information.  For interviews, a minimum of 48 hour notice of the interview date, time and location will be provided to the interviewee.
        • To speak on their own behalf, suggest questions to be posed by the University investigator to other participating parties and respond to the other party, and to submit other evidence on their own behalf.
        • To identify and/or present statements from fact witnesses or submit any other evidence that the investigator deems relevant.
        • To receive periodic status updates and to be informed about the outcome of the investigation and resolution process (to the greatest extent possible and consistent with the Family Educational Rights and Privacy Act (FERPA) or other applicable law).
        • To receive notice of the outcome of the investigation and any sanction determinations.
        • To appeal the outcome, including any resulting finding(s), sanction(s) or corrective action(s).
  2. Confidentiality

    To the extent permitted by law, the confidentiality of all parties involved in the resolution of alleged or suspected violations of this Policy will be observed, provided that it does not interfere with the University’s ability to conduct an investigation and take any corrective action deemed appropriate by the University. Consistent with the University’s obligations under the Clery Act and VAWA, identifying information regarding reporting parties will not be included in any Timely Warnings or other publicly-available records.

  3. Advisors or Support Persons

    The reporting party and the responding party both have the right to have an advisor/support person of their choice accompany them at all stages of the resolution process of a Title IX matter, including both informal and formal procedures relating to an alleged or suspected violation of this Policy.

    • An advisor/support person is not allowed to advocate for a party like an attorney would advocate in court. In other words, the advisor/support person does not serve as an advocate or representative of a party and may not be actively involved in any of the corresponding meetings and/or interviews.  The advisor/support person should not directly address the investigator(s) about the matter during the meeting or interview.
    • A reporting party and responding party may use a different advisor/support person at various stages in the process.
    • An advisor/support person must respect the privacy of all parties throughout the investigation and resolution process.
    • An advisor/support person may not provide support for more than one reporting party or responding party during a case that involves multiple parties.   Any requests for an exception to this should be directed to the Title IX Coordinator.
    • Any party deciding to use as an advisor/support person an individual who works as an attorney or has a J.D. degree must inform the Title IX Coordinator a minimum of 24 hours prior to the meeting or other proceedings in question.
    • As needed to protect the integrity of the investigation and resolution process, Aurora University reserves the right to excuse from any meeting or other proceedings an advisor/support person who is a witness with information about facts material to the investigation.
    • Aurora University also reserves the right to excuse from any meeting or other proceedings any advisor/support person who is disruptive or who does not adhere to the limitations outlined in this form.
    • Aurora University prohibits retaliation against any individuals filing a report of sexual misconduct or participating in the investigation of the report. An advisor/support person is protected by and subject to this retaliation prohibition. An advisor/support person may not retaliate against any person participating in this process. If an advisor/support person experiences retaliation as a result of participation in an investigative, disciplinary, or appeal process under the University's Title IX or discrimination/harassment procedures, the advisor/support person should contact the Title IX Coordinator, Shaun Neitzel (sneitzel@aurora.edu, 630-844-6515, Eckhart Hall 105).
  4. Conflict of Interest

    The University requires any individual participating in the investigation, sanctioning or appeal of sexual misconduct or interpersonal violence matters to disclose any potential or actual conflict of interest. The reporting and responding party will both receive notice of the individuals or individuals with authority to make a finding or impose a sanction before those individuals initiate contact with either party. If a party believes that an investigator(s) has/have a conflict of interest, the party should submit a request to replace the investigator(s) to the Title IX Coordinator within three calendar days of a party’s notice of the conflicted individual’s participation.  In cases involving a faculty member where a party believes that the Vice President for Academic Affairs (VPAA) has a conflict of interest, a request to replace the VPAA should be submitted to the Title IX Coordinator within three calendar days of a party’s notice of the conflicted individual’s participation.  In cases where a party believes that the appellate official has a conflict of interest, a request to replace that member should be submitted to the Title IX Coordinator within three calendar days of a party’s notice of the conflicted individual’s participation.  Any individual or individuals reviewing an appeal of the findings or imposed sanctions shall not have participated previously in the complaint resolution procedure.

  5. Records Maintenance

    The University will maintain documentation and records regarding alleged violations of the Policy and their resolution in a manner that protects the confidentiality of the parties involved, complies with the Family Educational Rights and Privacy Act (FERPA), and to the extent possible excludes personally identifiable information of victims of sexual misconduct, interpersonal violence, and stalking.

    All files relating to the Title IX Investigative Report, Initial Assessment, Informal Resolution, Investigation, Sanctions and Appeals will be maintained by the Title IX Coordinator. If a student has been found responsible for violating the Policy, this finding remains a part of that student's conduct record.

  6. Special Provisions
    • Attempted Violations:  In most circumstances, the University will treat attempts to commit any of the violations listed in this Policy as if those attempts had been completed.
    • The University as Complainant:  As necessary, the University reserves the right to initiate a student or employee conduct complaint, to serve as complainant, and to initiate conduct proceedings without a formal grievance by the victim or reporting party.
    • Fabricated Allegations:  The University will not tolerate fabricated allegations. Any allegations suspected to be fabricated for the purpose of harassing another student or employee or disrupting the University’s operations constitute a separate and serious violation of University policy and may also violate civil and criminal laws.  Any student or employee who knowingly corroborates a fabricated allegation is also in violation of this Policy.
    • Parental Notification:  Parents/guardians of the involved parties may be notified of reported violations of this Policy in accordance with the Parental Notification Policy (Policy Statement M in the Aurora University Student Handbook).