Page 42 - Illinois Tech Student Handbook 2022-23

or their designee; this pre-hearing meeting is separate and distinct from an investigatory meeting and conduct hearing. The student will be notified of the date of the pre-hearing meeting at least three calendar days in advance of their scheduled hearing date, and their hearing before the Campus Judicial Board will proceed regardless of whether they attend the pre-hearing meeting. Campus Judicial Board hearings will be used for cases where the alleged violation(s) could result in sanctions of suspension or expulsion or the allegations are deemed complex in nature. The Dean of Students or their designee may at their sole discretion determine which cases are deemed complex in nature. Students who are referred to the Campus Judicial Board may waive their right to a board hearing and select an administrative hearing. Prior to the student waiving their right to appear before the Board, the Dean of Students or their designee must inform the student if the alleged misconduct could result in a sanction of suspension or expulsion. If such sanctions could result and the student wants the matter to be heard administratively by the Dean of Students or their designee, the student must sign a statement waiving their right to a hearing before the Campus Judicial Board.
Hearings are generally expected to commence at any time within 60 calendar days after the investigatory meeting or 45 calendar days after receipt of the complaint if no investigatory hearing is held. However, additional time may well be needed to investigate thoroughly and fairly a complaint, especially, by way of example, when the complaint involves multiple parties, requires a number of witnesses to be interviewed, is reported during or shortly before a break period and/or involves parties or agencies that are not part of the Illinois Tech community. With respect to alleged violations of sexual misconduct, hearings 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.
The Campus Judicial Board (i) may, as appropriate, be advised by a designee of the Dean of Students, (ii) aim to conduct itself in a manner consistent with applicable policies, and (iii) will be composed of members who do not have a conflict of interest or bias for or against the accuser or the accused. A Campus Judicial Board will generally include two faculty members, at least one of whom is not in the student’s major department, two students, one Illinois Tech staff member, and one Illinois Tech staff member from the Office of the Vice Provost for Student Affairs, who will serve as chairperson of the Board and preside over the hearing but do so as a non-voting member, though they will be present during deliberations. Parties to the proceeding will be alerted to the identify of Campus Judicial Board membership at least five calendar days in advance of a hearing, and they must notify, in writing, the Dean of Students of any claimed conflict of interest or bias that a member may have against them within two calendar days thereafter, which notice must specifically detail the nature of the alleged conflict or bias. Failure to comply with the foregoing notice provision shall constitute a waiver of one’s right to raise subsequently such an objection. After review of any such notification, it is the decision of the Dean of Students whether to remove any member of a Campus Judicial Board. All members of a Campus Judicial Board will be appointed by the Dean of Students or their designee. AmemberofaCampusJudicialBoardaswellasparticipantsbeforeaCampus Judicial Board may participate by teleconference, Skype, Zoom or such other electronic or virtual means that permits them to see and/or to hear the proceedings and participate in them.
A student will have the right to submit written documentation for the Campus Judicial Board to review, but in order to have such documentation reviewed, it must be submitted to the Office of the Vice Provost for Student Affairs at least two calendar days prior to the hearing. At the hearing, a student will have the right to make an oral statement both at the start and the conclusion of the hearing. Further, as a general rule, a student will have the
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