Page 47 - Illinois Tech Student Handbook 2022-23

(including during non-business hours) directed to the Title IX Coordinator using the contact information contained in Article IV, Section J and other sections of this Student Handbook; such information is also available on the Title IX Office website at https://www.iit.edu/title-ix/title-ix-compliance. If an Official With Authority, as defined in this Title IX Sexual Harassment Process, receives a report or otherwise has knowledge of a report or incident of Title IX Sexual Harassment, the Official With Authority must promptly report such information to the Title IX Coordinator.
Processing a report or complaint under this Title IX Sexual Harassment Process does not preclude processing some or all allegations of a report or complaint under other policies and procedures, to the extent allowed by Title IX and other laws.
This process aims to comply with all requirements of Title IX and its implementing regulations and provides required notice of the procedure used to respond to complaints of Title IX Sexual Harassment for necessary stakeholders.
If the regulations implementing Title IX at 85 Fed. Reg. 30026, 30026-30579, are enjoined or invalidated by a Federal Court with jurisdiction over Illinois Tech or reversed or replaced by any agency with sufficient authority, this Title IX Sexual Harassment Process will immediately cease to apply to reports and complaints of sexual harassment and sexual misconduct, including Title IX Sexual Harassment, unless and until any such injunction, invalidation, reversal, or replacement is overturned or reversed. Upon such an event, Illinois Tech will process Title IX Sexual Harassment complaints under its Code of Conduct provisions as the same are set forth in Article II of this Student Handbook.
B. Title IX Sexual Harassment Definitions
The following terms have the following definitions as used in this Title IX Sexual Harassment Process:
“Actual Knowledge” - Notice of Title IX Sexual Harassment or allegations of Title IX Sexual Harassment to Illinois Tech’s Title IX Coordinator or to any Official With Authority, as defined herein. Assumption of knowledge based solely on Illinois Tech’s status as an employer or other presumption under the law does not constitute Actual Knowledge. This standard is not met when the only official of Illinois Tech with Actual Knowledge is the Title IX Respondent. “Notice” as used here includes, but is not limited to, a report or complaint of Title IX Sexual Harassment to the Title IX Coordinator or any Official With Authority in person, by mail, by telephone, or by email using the contact information listed for the Title IX Coordinator contained in Article IV, Section J and other sections of this Student Handbook, which information is also available on the Title IX Office website at https://www.iit.edu/title-ix/title-ix-compliance, or by any other means that results in the Title IX Coordinator or an Illinois Tech Official With Authority receiving the person’s verbal or written report.
“Business Days” - Days on which the Illinois Tech main office is open.
“Consent” - Consent as defined in Article IV, Section N of the Student Code of Conduct.
“Education Program or Activity” - Locations, events, or circumstances in the United States over which Illinois Tech exercises substantial control over both the Title IX Respondent and the context in which Title IX Sexual Harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by Illinois Tech. Depending on the facts, such as whether it was an Illinois Tech sponsored event, this phrase may extend to off-campus Title IX Sexual Harassment incidents occurring in the United States.
“Formal Title IX Complaint” - A document filed by a Title IX Complainant or signed by the Title IX Coordinator alleging Title IX Sexual Harassment against a Title IX Respondent and requesting that Illinois Tech investigate the allegation. At the time of filing a Formal Title IX Complaint, a Title IX Complainant must be participating in or attempting to participate in Illinois Tech’s Education Program or Activity within which the Formal Title IX Complaint is filed. A Formal Title IX Complaint may be filed with the Title IX Coordinator in
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