Page 71 - Illinois Tech Student Handbook 2022-23

resolution, or formal process.
Note: Sexual misconduct (as defined in Section N below) is a form of sexual harassment, but not all sexual harassment constitutes sexual misconduct. The adjudication of claims of sexual misconduct will be handled pursuant to and in accordance with the policies and procedures applicable to sexual misconduct under Article II or, if the sexual misconduct constitutes Title IX Sexual Harassment, under Article III.
a. Informal Resolution
Where appropriate, an informal resolution process can be used to resolve allegations of sexual harassment and, in some limited cases, sexual misconduct to stop the conduct, address the effects, and prevent its recurrence without implementing the formal action. Informal resolution is voluntary, and it must be agreed to by the relevant parties and Illinois Tech. To this end, after consulting with the reporting party, the party alleged to have committed the harassment will be met with and be provided the written complaint or a summary thereof. A student has the right to initiate the formal resolution process at any time. The informal resolution process set forth in this Section is available only for sexual harassment or sexual misconduct that does not constitute Title IX Sexual Harassment. The implementation of this informal process will be the responsibility of the Title IX Coordinator and/or the Dean of Students, with the support of and permitted designation of duties to other Illinois Tech officials. The willingness of the parties to participate voluntarily in informal resolution will be documented.
The informal resolution process is intended to be flexible so as to allow latitude for the development and use of a process that works for the parties. With that, it is typically expected that the party conducting the informal resolution process will meet with both parties separately with the aim of reaching a mutually agreed to resolution, but when warranted and agreed to by the parties can conduct joint meetings. A person may be accompanied by an advisor during the process, but the advisor is not permitted to speak or act for the person during the informal resolution process. If the parties reach an understanding to resolve the matter informally, their understanding will be memorialized in an agreement signed by the parties and Illinois Tech. Either party may request in writing that the informal resolution process be terminated at any time up until a written agreement for resolving the matter has been signed, upon such request the formal action will commence. Illinois Tech may, at its discretion, also commence the formal resolution process at any time. It is generally expected that the informal resolution process will be completed within 30 calendar days, but this period can be extended with the agreement of the parties.
The following is a list of examples, which list is not exhaustive, of the possible outcomes of the informal resolution process:
● A Mutual No Contact Order between the parties;
● Educational training for the responding party on issues related to sexual harassment or
misconduct;
● Volunteering at a community-based organization;
● Changes and accommodations with work and living arrangements;
● Assistance with requesting academic accommodations; and
● An apology letter to the reporting party taking responsibility for harm caused
Once a resolution agreement has been executed by the parties, Illinois Tech will neither resume nor initiate the formal action with respect to any allegations resolved therein or arising out of the same facts or circumstances as those allegations. If a party fails to fulfill the terms of the resolution agreement, Illinois Tech may initiate a Code of Conduct violation under Article II of this Student Handbook for Failure to Comply Code of Conduct charge.
b. Formal Action
At their option, a student reporting sexual harassment or misconduct may, at their discretion, elect to
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