Page 76 - Illinois Tech Student Handbook 2022-23

(A person who experiences sexual misconduct that qualifies as Title IX Sexual Harassment is entitled to Support Measures as defined and provided for in Article III.)
Upon learning that a student has experienced sexual misconduct, whether the offense occurred on or off campus, the student will be provided (and in the case of electronic reports, the reported will be responded to with) the following information in writing: (i) the possible sanctions or protective measures that could be imposed upon an individual found, after a disciplinary proceeding pursuant to the Code of Conduct or the Title IX Sexual Harassment Process, to have committed such an offense after a disciplinary proceeding; (ii) procedures an individual who has experienced sexual misconduct should consider, including, but not limited to, information about the importance of preserving evidence, to whom the alleged offense should be reported, and options regarding law enforcement and campus public safety authorities, including notifying the same, how Illinois Tech staff can assist with making such notification and the individual's right to decline to notify such authorities; (iii) the ability of an individual who has experienced sexual misconduct seek to secure an order of protection or no contact orders under Illinois law; (iv) detailed information concerning Illinois Tech's disciplinary process for cases of sexual misconduct, including the victim's rights and options thereunder; (v) information about how and to what extent Illinois Tech can and will protect the confidentiality of victims; (vi) available counseling, physical and mental health treatment options, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other services available for victims of sexual misconduct both on campus and in the area; (vii) options for, and available assistance in, changing academic, living, dining transportation and working situations (collectively, known as "accommodations") or Supportive Measures pursuant to the Title IX Sexual Harassment Process; and (viii) contact information for Illinois Tech's Title IX Coordinator, Confidential Advisors, Department of Public Safety as well as local law enforcement and community-based sexual assault crisis centers.
6. DEFINITIONS APPLICABLE TO SEXUAL MISCONDUCT UNDER THE CODE OF CONDUCT (DEFINITIONS APPLICABLE TO THE TITLE IX SEXUAL HARASSMENT PROCESS ARE SET FORTH IN ARTILCE III).
a. Consent
Consent represents the cornerstone of respectful and healthy intimate relationships. Illinois Tech strongly encourages its community members to communicate – openly, honestly and clearly – about their actions, wishes, and intentions when it comes to sexual behavior, and to do so before engaging in intimate conduct. It is always the requirement of the individual initiating sexual contact (or undertaking a new type of sexual activity) to ensure that consent is present before acting and is present during sexual activity.
When determining whether consent was present, Illinois Tech will consider whether a reasonable person in the same circumstances should have known whether the other party could or could not consent to the sexual activity. Thus, to have sex with someone who you know to be, or should have known to be incapable of making a rational, reasonable decision about a sexual situation is a violation of this policy. Consent is not present when an individual does not have the capacity to give consent, voluntarily or involuntarily, due to age (younger than 17 in Illinois), physical condition, or disability that impairs the individual's ability to give consent. Reasons why one could lack capacity to give consent due to a physical condition include, but are not limited to, incapacitation due to the consumption of drugs or alcohol (voluntarily or involuntarily) or being in a state of unconsciousness, sleep, or other state in which the person is unaware that sexual activity is occurring. To be clear, a person may appear to be giving consent but may not have the capacity to do so; in which case, the apparent consent is not effective. If there is any doubt as to another person's capacity to give consent, one should assume that the other person does not have the capacity to give consent. Being intoxicated or impaired by drugs or alcohol does not excuse one from the responsibility to obtain consent.
With the foregoing, consent means the existence of clearly understandable words or actions that manifest a knowing, active, voluntary, and present and ongoing agreement to engage in specific sexual or intimate conduct by one not suffering from incapacitation (as defined below). Consent must be all of the following:
Knowing: Consent must demonstrate that all individuals are in a state of mind to understand, to be aware of, and to agree to the "who" (same partners), "what" (same acts), "where" (same location), "when" (same time), and "how" (the same way and under the same conditions) of sexual or intimate activity.
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