Page 40 - Illinois Tech Student Handbook 2022-23

the meeting and/or hearing whether or not the student elects to participate. Notwithstanding any time period specified herein, if reasonable circumstances prevent any step from occurring within an identified time frame or if there are unanticipated delays (school breaks, including summer, inclement weather, witnesses or hearing board members are unavailable, illnesses, health and safety concerns, and the like), Illinois Tech’s right to adjudicate violations of the Code of Conduct shall not be negated. In such instances, Illinois Tech will notify all parties of the delay and will proceed with due diligence to complete the adjudication as quickly as reasonably possible given the circumstances, giving due notice to all impacted parties of the revised timing for completion of the process.
In any investigatory meeting, as defined in Section 3(c) below, and any conduct hearing, whether before the Dean of Students or their designee or the Campus Judicial Board, the student alleged to have violated the Code of Conduct will have the right (A) to attend the conduct hearing, (B) to be accompanied by their parents and one other advisor of their choosing, and (C) at the appropriate time in the hearing, present witnesses on their behalf. If a proceeding relates to an alleged sexual misconduct violation, then the student who experienced such alleged sexual misconduct will also have these rights, therefore, in such cases, the accused and accuser will be notified of the time and place of the hearing in the same manner.
Upon receipt of a complaint, and pending an investigation and/or a hearing, the Dean of Students may issue a temporary “no contact” order to any involved party not to have any contact (written, oral, electronic and/or in-person) with the accuser, accused and/or potential witnesses whenever the Dean determines that such order is reasonable to maintain the integrity of the process, to prevent undue influence, to avoid the imposition of undue stress on any party to the hearing, and/or to maintain the academic environment or efficient administration of Illinois Tech.
b. Role of Advisor
In order to maintain the integrity, civility and efficiency of the process under this Code of Conduct, any advisor and/or parents attending a meeting or hearing will be limited to advising the student and will not be allowed to participate in the meeting and/or hearing; this includes, but is not limited to, presenting the case, answering questions, questioning witnesses or making statements during the hearing. Failure of an advisor or parent to adhere to these standards may result in their removal from the hearing. Illinois Tech, at its discretion, reserves the right to have a member of its Office of General Counsel present during any part of the disciplinary process, especially when an attorney serves as an advisor to a student.
c. Meetings and Hearings
i. Investigatory Meeting. Prior to a hearing for violation(s) of the Code of Conduct and as
part of its investigation of a complaint, the Office of the Vice Provost for Student Affairs may, at its discretion, hold an investigatory meeting with the student who has been accused of violating one or more provisions of the Code. This meeting between the accused student and the Dean of Students or their designee is to discuss the matters in the complaint. (For the avoidance of doubt, any other fact-finding and/or investigatory activities that may occur with respect to any particular alleged violation are not deemed, and shall not be considered, “Investigatory Meetings” as such term is used in this Section 3(c).) If an investigatory meeting is held, it will generally occur any time within 15 calendar days of receipt of the complaint, but in any event, the student will be notified in writing at least three calendar days before the scheduled meeting. (For the avoidance of doubt, this does not mean that an investigation will be completed within 15 calendar days, only that it is Illinois Tech’s intent that the student who is the subject of the complaint will be asked to attend an Investigatory meeting within such time frame.) Investigatory meetings shall not be recorded and any notes or materials of any investigatory meeting made by the Dean of Students or their designee will be the sole property of Illinois Tech and may, at Illinois Tech’s discretion, be submitted as evidence at any subsequent conduct hearing.
If an investigatory meeting is not held and the alleged misconduct could result in a
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