Page 55 - Illinois Tech Student Handbook 2022-23

circumstances.
● E-mail correspondence sent to a student’s registered iit.edu e-mail address (or, in the case of a
non-Illinois Tech student, such e-mail address as they shall provide) will be considered sufficient written notification in all instances where written notification is required under this policy. It is the party’s sole responsibility to monitor their email. The date any such notification is e-mailed will serve as the start date for any time period within which or after which any subsequent action or proceeding is to commence. Illinois Tech’s sole obligation is to send notice to the Title IX Complainant and Respondent and witness; Illinois Tech shall have no obligation also to communicate with the advisors or parents or other representatives of such parties.
6. After the investigation of a Formal Title IX Complaint, the Title IX Coordinator or designee and the Title IX Decision-Maker will comply with the following:
● Designation of Decision-maker: The Title IX Coordinator or designee will identify one Title IX Decision-maker for the Formal Title IX Complaint, which cannot include the Title IX Coordinator or designee, or the Title IX Investigator or Title IX Informal Resolution Facilitator, if any, assigned to the Formal Title IX Complaint.
● Live Hearing: A live hearing will be provided as part of the Title IX Sexual Harassment Process. The live hearing will comply with the following requirements:
○ The live hearing may, upon the request of either the Title IX Complainant or the Title IX Respondent, be held virtually, with parties located in separate rooms with technology enabling the Title IX Decision-Maker and parties to simultaneously see and hear the party or witness answering questions. Any live hearing may, at the discretion of the Title IX Decision-Maker, also be held virtually as outlined above. Unless the live hearing is conducted virtually, all parties must be physically present in the same geographic location.
○ All hearings will be documented through audio recording, audiovisual recording, or transcript, at Illinois Tech’s discretion, and will be made available to the parties for inspection or review.
○ At the hearing, the Title IX Decision-Maker must permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those that challenge credibility; such questions are referred to as “cross-examination.” Only relevant cross-examination may be asked of a party or witness. With respect to cross-examination:
■ Questions and evidence about the Title IX Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Title IX Complainant’s prior sexual behavior are offered to prove that someone other than the Title IX Respondent committed the conduct alleged by the Title IX Complainant, or if the questions and evidence concern specific incidents of the Title IX Complainant’s prior sexual behavior with respect to the Title IX Respondent and are offered to prove Consent.
■ The Title IX Decision-Maker must explain to the party proposing the questions any decision to exclude a question as not relevant.
○ Cross-examination at the live hearing must be conducted by the party’s advisor, and never by the party. If a party does not have an advisor present at the live hearing, Illinois Tech will provide an advisor of its choice, without charge to the party, who may be, but likely not will be, an attorney to conduct cross-examination on behalf of the party.
○ If a party or witness does not submit to cross-examination at the live hearing, the Title IX Decision-Maker may still consider and rely on any statement of that party or witness in reaching a determination regarding responsibility. However, the Decision-Maker cannot draw an inference about the determination regarding responsibility based solely on the party or witness’s absence or refusal to answer cross-examination or other questions.
● Burdens: Illinois Tech, as the party bearing the burden of proof during the investigation and adjudication of Formal Title IX Complaints, will meet this burden during the live hearing by presenting at the live hearing the relevant evidence gathered by the investigator summarized in the investigative report.
● Statements: The Title IX Complainant and Respondent shall each be afforded the opportunity to
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