Page 53 - Illinois Tech Student Handbook 2022-23

restorative justice practices.
As an initial matter, the Title IX Informal Resolution Facilitator typically will meet with each party separately—in person, by telephone, or by videoconference in one or more meetings, at the Title IX Informal Resolution Facilitator’s discretion—to describe the process, including the role of the Title IX Informal Resolution Facilitator; to gain an understanding of each party’s feelings, positions, and wishes with respect to resolution of the Title IX Formal Complaint; and to gather necessary information to identify any harm caused and opportunities loss. Any remaining steps of the process may be effectuated through separate or joint meetings of the parties with the voluntary agreement from the parties.
Though the facts and circumstances surrounding each Formal Title IX Complaint are unique, in general, the Title IX Informal Resolution Facilitator will seek to facilitate its resolution, and this may be accomplished by one or more of the following options, which options are intended to be exemplary, not exhaustive:
● Participation in educational programming;
● Changes in academic, work, and living arrangements;
● Assistance with requesting academic allowances and extensions;
● Writing an impact statement;
● Writing a statement acknowledging harm caused; and
● Restrictions of contact between the parties.
The Title IX Informal Resolution Facilitator does not have the power to make a decision for either party, but will attempt to help them find a mutually agreeable resolution and create a document for execution by all parties that summarizes the freely agreed-upon solutions. Once a resolution agreement has been executed, Illinois Tech will neither resume nor initiate the Title IX Sexual Harassment Process with respect to any allegations resolved in therein or arising out of the same facts or circumstances as those allegations. If a party fails to fulfill the terms of the resolution agreement, Illinois Tech may initiate a Code of Conduct violation under Article II of this Student Handbook for Failure to Comply with the Code of Conduct charge.
4. During the investigation of a Formal Title IX Complaint and throughout this Title IX Sexual Harassment Process, the Title IX Team must:
● Burdens: Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on Illinois Tech and not on the parties, provided that Illinois Tech cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless Illinois Tech obtains the voluntary, written consent to do so from that party. During the investigation, Illinois Tech will meet its burden by undertaking a search for the relevant, available facts and evidence pertaining to a particular case, while operating under the time frames, constraints and procedures set for in this Title IX Sexual Harassment Process and without the power to subpoena. Such conditions may limit the extensiveness and comprehensiveness of Illinois Tech’s ability to gather evidence.
● Equal Treatment – Evidence Presentation: Provide an equal opportunity for the parties to present any inculpatory or exculpatory evidence, including fact and expert witnesses. Illinois Tech will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
● Equal Treatment – Advisors: Provide the parties with the same opportunity to be accompanied to any related meeting or proceeding by an advisor of choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of an advisor for either the Title IX Complainant or Title IX Respondent in any meeting or proceeding during an investigation, advisors are free to act as a support for the party, but they cannot speak on behalf of the party during any investigator meeting; during a hearing, advisors are free to act as support for the party, but they cannot speak
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