Page 54 - Illinois Tech Student Handbook 2022-23

on behalf of the party during any hearing, except for when they are engaged in cross-examination
at the hearing.
● Written Notice of Meetings: Provide, to a party whose participation is invited or expected,
including, without limitation, the Title IX Complainant and Respondent and witness, written notice of the date, time, location, participants, and purpose of all investigative interviews and other meetings, with sufficient time for the party to prepare to participate, which in no case shall be less than 48 hours.
● Equal Opportunity – Evidence Review: Provide both parties and their advisors, if any, an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a Formal Title IX Complaint, including evidence upon which Illinois Tech does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. Prior to completion of the investigative report, the Title IX Investigator(s) must send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties must have at least 10 calendar days to submit a written response, which the Title IX Investigator(s) will consider prior to completion of the investigative report.
● Investigative Report: Within 90 Business Days of receipt of the Formal Title IX Complaint, the Title IX Investigator will create an investigative report that fairly summarizes relevant evidence and, at least 10 calendar days prior to a live hearing or other time of determination regarding responsibility, send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response.
5. The process used to investigate and resolve a Formal Title IX Complaint will also meet the following additional requirements:
● The process used must treat Title IX Complainants and Title IX Respondents equitably in all manners, including by providing remedies to a Title IX Complainant where a determination of responsibility for Title IX Sexual Harassment has been made against the Title IX Respondent, and by following this Title IX Sexual Harassment Process before the imposition of any disciplinary sanctions or other actions that are not Supportive Measures against a Title IX Respondent.
● No evidence that constitutes or seeks disclosure of information protected under a legally recognized privilege will be required, allowed, or relied on unless the person holding such privilege has waived the privilege.
● The Title IX Investigator and the Title IX Decision-Maker will objectively review all relevant evidence, including both inculpatory and exculpatory evidence, and credibility determinations will not be based on a person’s status as a Title IX Complainant, Title IX Respondent, or witness.
● All members of the Title IX Team will operate under a presumption that the Title IX Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of this Title IX Sexual Harassment Process.
● Remedies may include, but are not limited to, the same individualized services described as Supportive Measures in this policy but need not be non-disciplinary or non-punitive and need not avoid burdening the Title IX Respondent. Student discipline can involve a range of consequences, which may include, but are not limited to, Supportive Measures, a warning, probation, suspension and expulsion, depending on the severity of the action and circumstances of the student(s) involved. The full range of applicable sanctions is listed under Article II Section C (Conduct Sanctions) of the Code of Conduct. For the avoidance of doubt, the Title IX Decision-maker may impose any sanction provided for in Article Section C upon a Tile IX Respondent found responsible, after a live hearing, for Title IX Sexual Harassment. Discipline for employees also includes a range of options, including, but not limited to, a letter of reprimand, reassignment, suspension with or without pay, discharge or recommendation for discharge, notifying appropriate legal authorities and/or taking legal action against the employee.
● The Title IX Coordinator or designee may consolidate Formal Title IX Complaints as to allegations of Title IX Sexual Harassment against more than one Title IX Respondent, or by more than one Title IX Complainant against one or more Title IX Respondents, or by one party against the other party, where the allegations of Title IX Sexual Harassment arise out of the same facts or
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