Page 41 - Illinois Tech Student Handbook 2022-23

sanction of suspension or expulsion, then, unless waived by the student as provided in (ii) below, the matter will proceed to a hearing before the Campus Judicial Board. If an investigatory meeting is held, but the student fails to attend the investigatory meeting, or one was not held and the alleged misconduct will not result in a sanction of suspension or expulsion, then the matter may, at the discretion of the Dean of Students or designee, be heard administratively and a determination of responsibility made. Finally, regardless of whether an investigatory meeting is held or not, any alleged violations of Article II.A.16, Non-Compliance with COVID-19 Policies, will, in all cases, only be adjudicated pursuant to an administrative hearing.
ii. Investigatory Meetings in Sexual Misconduct Matters. With respect to an alleged violation of sexual misconduct, the expectation is that an investigatory meeting will occur unless the responding party (i) is not a then-registered Illinois Tech student, (ii) is incarcerated or otherwise lawfully detained, or (iii) the determination is made that the substantive value of such meeting to the process is outweighed by the physical or mental health or safety risks to the campus or one or more staff members or students. 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.) With respect to any investigatory meetings and hearings related to alleged sexual misconduct violations, but only with respect to such violations, the Dean of Students will provide or will have provided to both the reporting party and responding party as well as appropriate Illinois Tech officials involved with such matters timely and equal access to any information that will be used during such meetings and hearings.
Investigations of alleged violations of sexual misconduct will be conducted by individuals who have received training, as required by law, on issues related to dating violence, domestic violence, sexual assault and stalking and how to conduct an investigation that protects the safety of victims and promotes accountability and other such matters.
iii. Types of Hearings
There are two types of disciplinary hearings: Administrative Hearings and Campus Judicial Board Hearings. At the discretion of the Dean of Students, any hearing under this Code of Conduct may be held virtually so long as all parties are able to see, hear and speak to one another.
Administrative Hearings: A one-on-one meeting between the student and hearing administrator designated by the Dean of Students to discuss the alleged violation(s). The student may present witnesses and/or witness statement(s) on their behalf. Witnesses are defined as individuals who were at the incident in question and/or have information pertinent to the incident in question. The administrator may, in their sole discretion, disallow witnesses whose testimony would be redundant or not germane to the charges or do not meet the requirements set forth in the immediately preceding sentence. The administrator determines responsibility and imposes any applicable sanction(s). Administrative hearings are typically used for cases that are deemed less serious in nature or when health and safety concerns make use of an administrative hearing prudent.
Campus Judicial Board Hearings: The accused student and reporting party (if applicable) appear before the Campus Judicial Board to discuss the alleged violations. The Campus Judicial Board determines responsibility and imposes any applicable sanction(s). Students appearing before the Campus Judicial Board will be notified of a pre-hearing meeting to review the allegations and the process with the Dean of Students
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