Page 56 - Illinois Tech Student Handbook 2022-23

make an opening and closing statement and to suggest to the Title IX Decision-Maker what they would consider an appropriate sanction in the event that the Title IX Decision-Maker were to find the Title IX Respondent responsible for all or some of the allegations brought against the Title IX Respondent. All such statements are to be made by the Title IX Complainant and Respondent; advisors may not make such statements on their behalf.
● Live Hearing Procedures. The Title IX Decision-Maker may establish rules for the live hearing, which may include, but are not limited to, governing decorum, setting time limits for opening and closing remarks, empowering the Title IX Decision-Maker to take a temporary recess, and any such other rules deemed prudent for the effective and efficient conduct of the live hearing; provided, however, any such rules must be consistent with this policy and must apply equally to the Title IX Complainant and Respondent. Any rules applicable to the hearing will be included in the notice of hearing.
● Written Determination: Within 21 calendar days of receipt of the final written responses and evidence from the parties, the Title IX Decision-Maker must issue a written determination regarding responsibility. To reach this decision, the Title IX Decision-Maker must apply the preponderance of the evidence standard, regardless of whether the Title IX Respondent is a student or an employee. The written determination must include:
○ Identification of the allegations potentially constituting Title IX Sexual Harassment;
○ A description of the procedural steps taken from the receipt of the Formal Title IX Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and
hearings held;
○ Findings of fact supporting the determination;
○ Conclusions regarding the application of this Title IX Sexual Harassment Process to the
facts;
○ A statement of, and rationale for, the result as to each allegation, including a determination
regarding responsibility, any disciplinary sanctions Illinois Tech will impose on the Title IX Respondent, and whether remedies designed to restore or preserve equal access to Illinois Tech’s Education Program or Activity will be provided by Illinois Tech to the Title IX Complainant; and
○ Illinois Tech’s procedures and permissible bases for the Title IX Complainant and Title IX Respondent to appeal.
● Notice of Written Determination: The Title IX Decision-maker or a designee must provide the written determination to the parties simultaneously.
● Appeal: Both parties may appeal from either a determination regarding responsibility or from Illinois Tech’s dismissal of a Formal Title IX Complaint or any allegations therein, on the following bases:
○ Procedural irregularity or error that affected the outcome of the matter;
○ New evidence or information that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the
outcome of the matter;
○ Claims that the Title IX Coordinator or designee, Investigator(s), or Decision-Maker(s) had
a conflict of interest or bias for or against complainants or respondents generally or the individual Title IX Complainant or Title IX Respondent that affected the outcome of the matter; and
○ The sanction is disproportionate with the violation.
A Title IX Complainant or Title IX Respondent who wishes to appeal must submit a notice of appeal to the Title IX Coordinator within 5 calendar days of the date of the Title IX Decision-Maker’s decision. An appeal must be filed by email to the Title IX Coordinator at foster@iit.edu.
7. Upon receipt of an appeal, the Title IX Coordinator or designee must do the following:
○ Notice of Appeal: Within 5 calendar days of receipt of the appeal, notify the other party in writing that an appeal was filed;
○ Equal Treatment – Appeal: Implement appeal procedures equally for both parties;
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