Page 74 - Illinois Tech Student Handbook 2022-23

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3. PROCESS
Complaints will be investigated by staff of the Title IX Office or individuals designated by the Title IX Officer, in either case such individuals will have received training to conduct such investigations, and, if warranted, disciplinary proceedings will be initiated according to (i) the procedures outlined in the Code of Conduct as supplemented by the provisions of this Section N, or (ii) if the sexual misconduct qualifies as Title IX Sexual Harassment as defied in Article III, then the procedures set forth in Article III. In either case, the preponderance of the evidence standard will be used in all investigations and hearings pertaining to cases of sexual misconduct. Sanctions for cases of sexual misconduct will vary based on the nature and severity of the situation as well as the perpetrator's prior disciplinary history, if any. The full range of applicable sanctions is listed under Article II Section C (Conduct Sanctions) of the Code of Conduct. Pursuant to applicable policy, sanctions of suspension and expulsion are automatically stayed and referred to the Provost for review. The Provost may make any determination outlined in the applicable appeals process, and such determination shall not be subject to further appeal on the basis that the sanction imposed was inappropriate to the offense.
If voluntarily agreed to by the parties and Illinois Tech, an allegation of sexual misconduct under the Code of Conduct may be subject to informal resolution pursuant to the process set forth in Article IV, Section M.4.A. (An allegation of Title IX Sexual Harassment may be subject to informal resolution pursuant to the process set forth in Article III.C.3.) Further, in cases of sexual misconduct under the Code of Conduct, the reporting party and responding party will not be permitted to directly question one another, unless both such parties have agreed to such questioning in writing. In the case where such mutual agreement does not exist, each may suggest questions to be posed by the chair of the Campus Judicial Board or the Dean of Students (or designee), as the case may be. Upon request of either the reporting party or responding party, at any time during proceedings under the Code of Conduct, Illinois Tech will provide reasonable accommodations to ensure that the reporting party and responding party are separated, while still being able to hear one another. Both the reporting party and responding party (i) will have equal access to the same information to be provided pursuant to the Code of Conduct in connection with a disciplinary proceeding and (ii) will be afforded the same opportunity to participate in the process equally, meaning the reporting party will have the same rights and options as are afforded to the responding party under the Code of Conduct. Finally, consistent with the process and procedures and within the timeframes provided for in the Code of Conduct, both the reporting party and responding party will have the same right to appeal a decision made and/or sanction imposed in matters involving complaints of sexual misconduct. (Again, please consult Article III to review the processes and procedures applicable to the Title IX Sexual Harassment Process.)
4. CONFIDENTIALITY
a. General
Illinois Tech will generally seek to protect the privacy of all parties to a complaint or other report of sexual misconduct to the extent possible, and a number of the procedures outlined in this Student Handbook are intended to facilitate Illinois Tech's ability to do so. Illinois Tech will, to the extent permitted by law, also seek to ensure that the name and identifying information of an individual who has experienced sexual misconduct is not included in any publicly available records. However, when a complaint of sexual misconduct is received, Illinois Tech may well have an independent legal obligation to investigate the same and to respond in a way that limits the effects of the sexual misconduct and prevents its reoccurrence, even if the individual who experienced the sexual misconduct has elected as is their right, not to pursue it or has declined to cooperate.
Accordingly, subject to any additional expressed obligations or limitations set forth elsewhere in this Student Handbook, including Article III, Illinois Tech reserves the right to share information during or after an investigation with people who reasonably need to know it in order to promote campus safety; comply with law; provide for a prompt, fair and impartial resolution; and/or institute accommodations or protective measure. Such individuals may include Illinois Tech officials, faculty members, staff, investigators, Campus Judicial Board members, witnesses, the individual who experienced the sexual misconduct and their advisor, and the person accused of committing such misconduct and their advisor. If an individual who experienced
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