Page 58 - Illinois Tech Student Handbook 2022-23

E. Required Title IX Recordkeeping
The Title IX Coordinator or designee will maintain, for a period of at least 7 years, records of:
● Any actions, including any Supportive Measures, taken in response to a report or Formal Title IX Complaint of Title IX Sexual Harassment. In each instance, the Title IX Coordinator or designee must document the basis for the conclusion that Illinois Tech’s response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to Illinois Tech’s Education Program or Activity. If no Supportive Measures are provided to the Title IX Complainant, then the Title IX Coordinator or designee must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit Illinois Tech in the future from providing additional
explanations or detailing additional measures taken;
● Each Title IX Sexual Harassment investigation, including any determination regarding responsibility
and any disciplinary sanctions imposed on the Title IX Respondent, and any remedies provided to the Title IX Complainant designed to restore or preserve equal access to Illinois Tech’s Education Program or Activity;
● Any appeal and the result therefrom;
● Any informal resolution and the result therefrom; and
● All 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.
F. Confidentiality
Illinois Tech must keep confidential and not disseminate to the public the identity of any individual who participates in the Title IX process, which includes: any individual making a report or complaint of sexual discrimination, including Title IX Sexual Harassment; any person who has filed a Formal Title IX Complaint of Title IX Sexual Harassment; any Title IX Complainant; any individual who has been reported to be the perpetrator of sex discrimination; any Title IX Respondent; and any witness, except as may be permitted or required by law or to conduct any investigation, informal resolution, hearing, appeal or other proceeding arising under this Title IX Sexual Harassment Process. When an exception is applicable, Illinois Tech will use its best efforts not to disseminate identifying information beyond those who have a need to know, which generally may include the parties to the Formal Title IX complaint, their advisors, investigators, Decision- Makers, appeal Decision-Makers, informal resolution facilitators and witnesses. This includes instances in which the Title IX Coordinator files a Formal Title IX Complaint when an individual who has made a report or complaint of sexual discrimination, including Title IX Sexual Harassment elects not to participate in the Title IX Sexual Harassment Process. In furtherance of the foregoing, only the Title IX Complainant and Respondent, their respective advisors, witnesses and any needed language translators or aides necessary to provide reasonable accommodations will generally be allowed into the live hearing.
G. Retaliation Prohibited
No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by the State or federal Constitution, State or federal statute, Illinois Tech policy, this Title IX Sexual Harassment Process, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Title IX Sexual Harassment Process.
Charging an individual with a Code of Conduct violation for knowingly making a materially false statement or knowingly providing false information in the course of an investigation under this Title IX Sexual Harassment Process is not prohibited retaliation; provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement or knowingly provided false information. Complaints alleging retaliation may be filed under process and procedures set forth in Article II of this Student Handbook, entitled Code of Conduct and Conduct Discipline.
H. Right to Pursue Other Remedies Not Impaired
The right of a person to resolve a report or complaint under this policy shall not be impaired by the person’s
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