Page 52 - Illinois Tech Student Handbook 2022-23

United States. Nothing precludes action on any dismissed allegations under another policy, procedure, or rule of Illinois Tech or school. Upon such dismissal, the Title IX Coordinator or designee will send written notice of the dismissal and reason(s) therefore simultaneously to the parties.
● Identification of Investigator: Identify and document one or more qualified Title IX Investigator(s) who will investigate the Formal Title IX Complaint. The Title IX Investigator(s) will investigate the allegations of Title IX Sexual Harassment in a Formal Title IX Complaint.
3. Informal Resolution. As provided for herein, if the Title IX Complainant and Respondent and Illinois Tech each freely agree, Illinois Tech will offer the option to participate in a voluntary informal resolution process in an attempt to resolve allegations of Title IX Sexual Harassment; provided, however, if a Formal Title IX Complaint involves an allegation of Title IX Sexual Harassment by an Illinois Tech employee against a student, then informal resolution is not an available option.
The Title IX Investigator will, within 7 calendar days of assignment to the Formal Title IX Complaint, notify, in writing, the Title IX Complainant and Respondent of the option to complete informal resolution, which will, among other things, set forth (i) the allegations; (ii) the requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a Formal Title IX Complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the Title IX Sexual Harassment Process with respect to the Formal Title IX Complaint; and (iii) any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared. The Title IX Complainant and Respondent may elect to participate in an informal resolution process at any time prior to a determination regarding responsibility for the allegation(s) in the Formal Title IX Complaint being rendered. Further, either the Title IX Complainant or Respondent may at any time, prior to execution of a resolution agreement, request the informal resolution process be terminated by so notifying the Title IX Informal Resolution Facilitator, in which case processing of the Formal Title IX Complaint under this policy will recommence.
Illinois Tech states that it does not require - as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right - waiver of the right to an investigation and adjudication of Formal Title IX Complaints of Title IX Sexual Harassment consistent with this policy.
As noted, the informal resolution process is voluntary and requires written consent from the Title IX Complainant and Respondent. The informal resolution process can only be initiated once a Formal Title IX Complaint has been filed with the Title IX Coordinator. Upon receipt of signed, voluntary consents to participate in the informal resolution process, the Title IX Coordinator or designee will designate a Title IX Informal Resolution Facilitator to facilitate the informal resolution process. To maintain the integrity and impartiality of the informal resolution process, a Title IX Informal Resolution Facilitator may not be called to testify, at any live hearing convened pursuant to this policy, as to any matter related to any informal resolution process to which the Title IX Informal Resolution Facilitator has been assigned.
During the informal resolution process, all timeframes under this Title IX Sexual Harassment Process will be tolled. If no resolution is reached within 45 calendar days of commencement of the informal resolution, meaning the day after the Title IX Informal Resolution Facilitator has been assigned, then, unless such 45-day time period is extended by agreement of the parties, or if the parties cease to engage in informal resolution, the Title IX Sexual Harassment Process and its timeframes will thereafter recommence where it left off.
In general, an informal resolution process will aim to restore a sense of safety to one who experienced harm, restore or maintain access to educational and/or employment opportunities, and/or in some instances repair harm. To this end, informal resolution processes can utilize a broad range of conflict resolution strategies, including, but not limited to, mediation, facilitated communication and/or
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