Page 49 - Illinois Tech Student Handbook 2022-23

informal resolution of a Formal Title IX Complaint in accordance with this Title IX Sexual Harassment Process. The Title IX Informal Resolution Facilitator cannot be the Title IX Coordinator, Title IX Investigator, Title IX Decision-maker or Title IX Appellate Decision-maker assigned to the same Formal Title IX Complaint, must be free from conflicts of interest or bias against complainants and respondents generally and against an individual Title IX Complainant or Respondent, and must be trained to properly implement this Title IX Sexual Harassment Process and to serve impartially.
“Title IX Investigator” - An individual designated by the Title IX Coordinator to investigate a Formal Title IX Complaint according to this Title IX Sexual Harassment Process. The Title IX Investigator cannot be the Title IX Decision-maker, Title IX Informal Resolution Facilitator or the Title IX Appellate Decision-maker assigned to the same Formal Title IX Complaint, must be free from conflicts of interest or bias against complainants and respondents generally and against an individual Title IX Complainant or Respondent, and must be trained to properly implement this Title IX Sexual Harassment Process and to serve impartially.
“Title IX Respondent” - An individual who has been reported to be the perpetrator of conduct that could constitute Title IX Sexual Harassment.
““Title IX Sexual Harassment” - Conduct on the basis of sex that satisfies one or more of the following:
● An Illinois Tech employee conditions the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct; or
● Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Illinois Tech’s Education Program or Activity; or
● Sexual assault, dating violence, domestic, or stalking as defined below:
“Sexual Assault” – An offense classified as a forcible or nonforcible sex offense under the Federal Bureau of Investigation, Criminal Justice Information Services, Uniform Crime Reporting (UCR) Program, National Incident-Based Reporting System (NIBRS), https://www.fbi.gov/services/cjis/ucr/nibrs, which includes rape, sodomy, sexual assault with an object, or fondling directed against another person, without the consent thereof, including instances where said other person is incapable of giving consent, as well as incest and statutory rape. Consistent with the NIBRS, the following definitions of these offenses are:
Rape (Except Statutory Rape): The carnal knowledge of another person, without the consent of said person, including instances where the person is incapable of giving consent because of their age or because of his/her temporary or permanent mental or physical incapacity.
Sodomy: Oral or anal sexual intercourse with another person, without the consent of said person, including instances where the person is incapable of giving consent because of their age or because of his/her temporary or permanent mental or physical incapacity.
Sexual Assault With An Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of said person, including instances where the person is incapable of giving consent because of their age or because of his/her temporary or permanent mental or physical incapacity.
Fondling: The touching of the private body parts of another person for the purpose of sexual gratification without the consent of said person, including instances where the person is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
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