Page 51 - Illinois Tech Student Handbook 2022-23

Supportive Measures. Illinois Tech will maintain as confidential any supportive measures provided to the Title IX Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of Illinois Tech to provide the Supportive Measures. Illinois Tech may not impose any disciplinary sanctions or other actions that are not Supportive Measures against a Title IX Respondent unless a Formal Title IX Complaint has been filed and a finding of responsibility has been issued against the Title IX Respondent under this Title IX Sexual Harassment Process.
○ Emergency Removals/Leaves of Absence: Illinois Tech may after receiving Actual Knowledge or a Formal Title IX Complaint remove a student-Title IX Respondent from its Education Program or Activity on an emergency basis, provided that Illinois Tech makes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and provides the Title IX Respondent with notice and an opportunity to challenge the decision immediately following the removal. Illinois Tech also may place a non-student employee Title IX Respondent on paid administrative leave during the pendency of this Title IX Sexual Harassment Process. Such emergency removals/leaves of absence must comply with any other relevant laws, policies, administrative procedures, and agreements governing removals of students and/or employees from the institution’s program or activity.
2. If a Formal Title IX Complaint alleging Title IX Sexual Harassment is filed or initiated, the Title IX Coordinator or designee will, at a minimum:
● Notice of Allegations: Provide written notice to any known Title IX Complainants and Title IX Respondents including:
○ A copy or link to this Title IX Sexual Harassment Process;
○ Notice of the allegations of Title IX Sexual Harassment in the Formal Title IX
Complaint, including the identities of all known parties involved in the incident(s), the conduct allegedly constituting Title IX Sexual Harassment, the date and location of the alleged incident, if known, and any other details necessary to prepare a response; such notice must be provided with sufficient time for the parties to prepare a response before any interview, which in no case shall be less than 48 hours;
○ A statement that the Title IX Respondent is presumed not responsible for the alleged conduct;
○ A statement that a determination regarding responsibility is made at the conclusion of the process;
○ Notice to the parties that they may have an advisor of choice who may be, but is not required to be, an attorney;
○ Notice to the parties that they may inspect and review evidence obtained during the investigation; and
○ Notice of any provision of Illinois Tech Code of Conduct that prohibits knowingly making false statements or knowingly submitting false information during the process.
● If at any time during the course of the investigation additional allegations of Title IX Sexual Harassment arise that will be investigated and that were not included in the written notice, the Title IX Coordinator or designee will, within 7 calendar days of the decision to add the allegations to the investigation, provide notice of the additional allegations as described above to the parties whose identities are then known.
● Mandatory Dismissals: Within 10 calendar days of receiving a Formal Title IX Complaint filed by a Title IX Complainant, the Title IX Coordinator or designee will dismiss under this Title IX Sexual Harassment Process any allegation in the Formal Title IX Complaint that would not constitute Title IX Sexual Harassment, even if true; that did not occur in Illinois Tech’s Education Program or Activity; and/or that did not occur against a person in the
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