Loyola University Chicago

Office of the Dean of Students

Division of Student Development

Title IX FAQs

At Loyola, sexual misconduct is defined in the University's Comprehensive Policy and described here. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity or expression of those involved.

 

Specific behavior prohibited by this policy includes, but is not limited to, the following categories:

  • Non-consensual sexual penetration (commonly known as rape or sexual assault)
  • Non-consensual sexual contact (also a form of sexual assault, but without penetration)
  • Sexual Harassment (including Title IX Sexual Harassment)
  • Sexual Exploitation
  • Intimate Partner and/or Domestic Violence
  • Stalking

Sexual harassment is broadly defined as unwelcome and objectively offensive sexual conduct. The full definition of sexual harassment is outlined here and defined in the Comprehensive Policy.

Consent is freely given, mutually understandable permission to engage in a specific sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consents to that specific sexual conduct. Neither silence nor the absence of resistance convey consent. Consent also cannot be gained by force or coercion, and an individual who is incapacitated cannot give consent.

 

Whether or not consent was communicated is based on the totality of the circumstances, including the context in which the sexual activity occurred and (if applicable), how the parties may have communicated consent in the past. However, past consent for sexual activity does not automatically convey current consent for sexual activity. Similarly, consent to some sexual activity (such as kissing or fondling) cannot be presumed to extend consent for other sexual activity (such as intercourse). The existence of a current or previous dating relationship also does not establish or convey consent.

 

Consent can be withdrawn at any time, and once the withdrawal of consent has been clearly communicated, the sexual activity must cease immediately.

Incapacitation by alcohol or drugs is a factor in far too many incidents on college campuses, and Loyola is no exception. Incapacitation can be a confusing concept, especially when pop culture often accepts or even promotes "drunken hook ups."

 

Incapacitation is defined as a state in which an individual cannot fully understand or comprehend the nature or context of their decisions and/or actions. An incapacitated person cannot, by definition, consent to sexual activity because they cannot understand or appreciate the “who, what, when, where, why, or how” of the sexual activity in question. Incapacitation may result from a person consuming a large amount of alcohol or other drugs, having a mental disability, being asleep or passed out, or being involuntarily physically restrained. Incapacitation is a state beyond intoxication.

 

A person cannot consent to sexual activity if they are incapacitated. An individual who engages in sexual activity when that individual knows or reasonably should know that the other person is physically or mentally incapacitated has violated the Comprehensive Policy. The intoxication of a respondent, such that the respondent may not have realized the incapacity of an affected party, does not excuse such a violation.

 

Remember, a person being intoxicated or impaired by drugs or alcohol is never an excuse for sexual misconduct, stalking, or dating/domestic violence, and does not diminish that person's responsibility to obtain consent or recognize incapacitation.

For an up-to-date list of on-campus and off-campus counseling options, visit the Wellness Center website.

Yes, Loyola provides advocacy services through the Wellness Center.

Sexual assault advocates at Loyola have completed a 40-hour training program to become a certified Sexual Assault Medical Advocate in Illinois. An advocate's role is to provide nonjudgmental, confidential support to student survivors of sexual assault. Advocates at Loyola are specially trained to help students navigate options and services on campus. Access to an advocate after an assault can play a critical role in the healing process of a survivor.

Advocacy services are available Monday–Friday, 8 a.m.–4:30 p.m., and 24 hours/day on weekends when classes are in session (except for University holidays). If the Advocacy Line is closed and you need to speak to someone right away, please call the Chicago Rape Crisis Hotline at 888-293-2080.

All reports are treated with the utmost privacy and sensitivity but are not considered confidential.

When a report is made, that information is disclosed only to select campus officials so that the University’s responsibilities can be carried out. As is the case with any educational institution, Loyola must balance the needs of each individual student with its obligation to protect the safety and well-being of the community at large.

If you want to speak confidentially to a person about an incident of gender-based violence, you can contact one or more of the following individuals or departments on campus:

You can learn more about privacy vs. confidentiality here.

For information on reporting options available, visit How to Report.

  • First and foremost we care about your safety. Notifying us will allow us to protect and care for you to the extent we can.
  • Reporting can be empowering, and may be one way to hold an individual accountable for their actions.
  • Reporting--even if done anonymously--raises awareness in the University about how often gender-based violence happens. This information can assist us in devoting resources effectively to combat and prevent future incidents.
  • Reporting can sometimes prevent others from being harmed.

Any staff member in the Office of the Dean of Students can assist a student in submitting a report or filing a formal complaint. If you do not want to file a formal complaint, we can still assist you with supportive measures like emergency housing or changing housing assignments, class assignments or schedules, withdrawal from the University, and other academic concerns. We can also provide information about how to notify Campus Safety or local law enforcement.

Gender-based violence is against the law and against Loyola’s policies, and it is not a consequence of drinking or taking drugs. Consuming alcohol or other drugs is also not an excuse for an incident occurring. Whether or not a reporter consumed alcohol or drugs is not considered in taking a report seriously.

Loyola provides some degree of amnesty under the Good Samaritan and Medical Amnesty Policy (Section 605 of the Community Standards) for students who may be hesitant to report a sexual assault violation out of fear that they themselves or others may face consequences for drinking or drug use at the time of the incident. Educational options will be explored, but no conduct proceedings, disciplinary sanctions, or conduct record for the consumption alcohol or drugs will result.

If you have been reported for gender-based misconduct of any type, you are referred to as the "respondent" to the report. You, too, have rights at Loyola and will be treated with dignity and respect throughout any engagement with the Office for Equity & Compliance and the Office of the Dean of Students. 

 

Important information for respondents is available here.

No. You can report an incident and/or seek safety or other accommodations regardless of where the incident occurs. Additionally, the behavioral expectations for our community outlined in the Community Standards and Comprehensive Policy apply to Loyola students whether their conduct takes place on- or off-campus.

The decision whether or not to seek medical attention after an assault is a personal one, but may help in several ways:

  • Medical attention can help you take care of your own health by checking for and treating possible injuries.
  • You can be tested for sexually transmitted infections (including HIV) and pregnancy. There may be medications available to decrease the chances of contracting certain infections. 
  • Collecting medical evidence of an assault may be of critical importance if you choose to report the assault to the police for prosecution (and you may change your mind on this later).

If you are considering going to the hospital for medical attention, consider contacting an advocacy group, such as Loyola's Sexual Assault Advocacy Line (773.494.3810) or Resilience (formerly known as Rape Victim Advocates) (888.293.2080). Even without having experienced the trauma of an assault, the process for a medical exam is intrusive by any standard; an advocate can walk you through the entire process step-by-step and with your rights in mind. Advocates are also available upon request at many Chicagoland hospitals.

For more information about what to expect when going to the emergency room after a sexual assault, see the Community Coaltion on Gender-based Violence page dedicated to the topic: What to Expect at the Emergency Room.

Title IX of the Education Amendments of 1972 protects people from discrimination based on sex, sexual orientation, gender identity, and gender expression in education programs and activities that receive federal financial assistance.

The types of discrimination that are covered under Title IX include sexual harassment, the failure to provide equal opportunity in athletics, and discrimination based on pregnancy. To enforce Title IX, the U.S. Department of Education maintains an Office for Civil Rights with headquarters in Washington, D.C.

Any inquiries regarding Title IX or the University’s Comprehensive Policy and Procedures for Addressing Discrimination, Sexual Misconduct, and Retaliation should be directed to the Title IX Coordinator identified below. The Title IX Coordinator will be available to meet with or talk to students, staff, and faculty regarding issues relating to Title IX and this Policy.

Loyola University Chicago’s Title IX Coordinator is Tim Love, J.D., Executive Director of the Office for Equity and Compliance. He can be reached at tlove@luc.edu.

The Title IX Coordinator is responsible for implementing and monitoring Title IX compliance on behalf of the University. This includes coordination of training, education, communications, and administration of the complaint and grievance procedures for the handling of suspected or alleged violations of this policy.

Loyola University Chicago’s crime statistics are available from the Department of Campus Safety.

Last updated: February 20, 2020