Page 57 - Illinois Tech Student Handbook 2022-23

○ Different Title IX Appellate Decision-Maker: Ensure that the Appellate Decision-Maker is not the same person as the Title IX Decision-maker that reached the determination regarding responsibility or dismissal, the Title IX Investigator(s) or Title IX Informal Resolution Facilitator, if any, assigned to the Formal Title IX Complaint, or the Title IX Coordinator or designee; and
○ Appeal Standards Met: Ensure that the Title IX Appellate Decision-maker complies with the standards set forth in this policy for appeals.
● Upon receipt of an appeal, the Title IX Appellate Decision-Maker must do the following:
○ Equal Treatment – Written Statement: Given due consideration to the facts and circumstances of a particular case, give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. In general, this means that each party will be made aware of, on, at least, a summary basis, the reason(s) of any appeal filed by the other party and provided the opportunity to submit a response
thereto within 5 calendar days;
○ Written Appeal Decision: Issue a written decision describing the result of the appeal and
the rationale for the result within 30 calendar days after the Title IX Appellate Decision -
Maker’s receipt of the last written statement from a party; and
○ Notice of Written Appeal Decision: Provide the written decision on appeal
simultaneously to both parties.
If an appeal is successful, the Title IX Coordinator or designee will remand the matter back to the appropriate member of the Title IX Team to remedy the concern. A determination regarding responsibility becomes final on the date that (1) if an appeal is filed, the Title IX Appellate Decision-Maker provides the parties with the written determination of the result of the appeal upholding the determination; or (2) if an appeal is not filed, the date on which an appeal would no longer be considered timely. The Title IX Coordinator or designee is responsible for effective implementation of any remedies.
8. After the conclusion of the Title IX Sexual Harassment Process, Illinois Tech or the parties may exercise any rights ancillary to this Title IX process as necessary, e.g., disciplinary processes for suspensions or expulsions of students; tenured faculty dismissal proceedings; any other pre-remedy process required by any applicable law, agreement, policy, or contract.
D. Required Title IX Training
Any person serving as a Title IX Coordinator or designee, Title IX Investigator, Title IX Decision-maker, Title IX Appellate Decision-maker, or Title IX Informal Resolution Facilitator, as those terms are defined by this Title IX Sexual Harassment Process, will be trained regarding the definition of Title IX Sexual Harassment, the scope of Illinois Tech’s Education Program or Activity, how to conduct this Title IX Sexual Harassment Process, including appeals and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
Any person serving as a Title IX Decision-maker or Title IX Appellate Decision-maker under this Title IX Sexual Harassment Process will receive training on the issues of relevance of questions and evidence, including when questions and evidence about the Title IX Complainant’s sexual predisposition or prior sexual behavior are not relevant.
Any person serving as a Title IX Investigator under this Title IX Sexual Harassment Process will receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.
Any materials used to train Title IX Coordinators, their designees, Title IX Investigators, Title IX Decision- makers, Title IX Appellate Decision-makers, and Title IX Informal Resolution Facilitators must not rely on sex stereotypes and must promote impartial investigations and adjudications of Formal Title IX Complaints of Title IX Sexual Harassment. Illinois Tech will make all materials used to train Title IX Team members publicly available on its website.
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