IIa. Code of Conduct
With respect to matters covered by this Article II, except for the making of allegations of Sexual Misconduct (as defined in Article II, Section A(12) and Article IV, Section N) and Title IX Section Harassment (as defined Article III) and the investigation, adjudication and disciplining of such allegations, students enrolled in or otherwise attending programs of Illinois Tech’s Chicago-Kent College of Law, and only such students, are subject to the policies, procedures and provisions of the IIT Chicago-Kent College of Law Student Handbook (www.kentlaw.iit.edu/current-students/academic-affairs/student-handbook), and all such students should refer to the IIT Chicago-Kent College of Law Student Handbook for policies, procedures and provisions applicable to them. For the avoidance of doubt, any allegations of Sexual Misconduct and Title IX Sexual Harassment to be made against any student of Illinois Tech, including students enrolled in or otherwise attending Chicago-Kent College of Law, must be made, investigated adjudicated and disciplined only in accordance with this Article II and Article III, as applicable, and other provisions of this Student Handbook relevant thereto.
Illinois Tech is a community of scholars that strives to strike a balance between the freedom to pursue intellectual endeavors and a respect for the rights of all community members to enjoy such freedom to the same extent.
A. Code of Conduct
Becoming a member of the Illinois Tech community is a privilege, and by joining in this community, Illinois Tech students assume an obligation to conduct themselves in a civil and responsible manner compatible with Illinois Tech’s function as an educational institution. Remaining a member of the Illinois Tech community requires and is conditioned upon each student continuously complying with the policies governing students’ academic progress, social interactions, health and safety issues, and personal behavior. By this Code of Conduct, Illinois Tech aims to foster an environment of learning through respect, honesty and integrity for both individuals and organizations alike, and all students are expected to follow and to uphold the policies set forth in this Code of Conduct. Individuals are held responsible for their own actions. Representative officers of any student organization are held responsible for the group action of the organization to the fullest degree they are judged to have control of such action.
To the extent provided for in the Code of Conduct, Illinois Tech reserves the right to investigate and resolve any report or incident in which a student, multiple students, or a student organization affiliated with Illinois Tech or any of its schools or departments (undergraduate or graduate) is alleged to have violated any of the principles or policies set forth in this Code of Conduct or otherwise published by Illinois Tech regardless of the location where the incident occurs; provided such alleged violation occurred at any time after a student’s application for admission has been accepted but prior to the actual awarding of a degree. For the avoidance of doubt, Illinois Tech will not investigate and resolve incidents that occur prior to or after this time period. Illinois Tech reserves the right to investigate and resolve such an alleged violation regardless of whether it occurred on campus, off campus or via the Internet or other electronic means. In addition, students are expected to follow the policies and procedures of institutions that they may visit, including, without limitation, during international travel.
Illinois Tech and residence hall guests are expected to follow all Illinois Tech policies, including without limitation, those in this Code of Conduct. Student hosts are accountable for the conduct of their guests and may be subject to disciplinary action as the responsible party for violations of Illinois Tech policy resulting from the conduct of their guests. This applies to individuals, groups and student organizations.
Students are encouraged to alert Illinois Tech officials of emergencies and of behavior that is inconsistent with this Code of Conduct and published Illinois Tech policies. All emergencies should be reported to the Department of Public Safety at 312-808-6363; all such behavior may be reported to any of the officials listed in Article II Section B (2). All members of the Illinois Tech Community may also file an electronic incident report, which can be filed anonymously. The reporting form is found online at www.iit.edu/incidentreport.
The Following Actions Constitute Violations of the Code of Conduct
A caring, safe, and well-informed community fosters an environment in which we can all live and learn. To that end, the Illinois Tech community aims to share responsibility for promoting healthy behavior. In an effort to support each individual’s health and wellbeing, we assist students, staff and faculty in understanding the risks associated with consuming alcohol and other drugs while seeking to minimize the harm to self and others caused by the misuse and abuse of these substances. To this end, Illinois Tech has adopted a Policy on Drugs and Alcohol, which is detailed in Article III, Section F of this Student Handbook and is posted at https://web.iit.edu/sites/web/files/departments/general-counsel/policies/drug-free-school-policy.pdf.
This Policy is incorporated herein, and any violation of its terms is a violation of this provision. In addition, the actions listed below are also considered a violation of this Policy’s principles and, thus, this Code of Conduct:
(a) Misconduct related to alcohol and alcoholic beverages that occurs on Illinois Tech property or property under its control or at an Illinois sponsored event or activity including:
- Use or possession of alcohol or containers that previously contained alcohol, by individuals under the age of 21 (or the age of majority in the jurisdiction);
- Manufacturing alcoholic beverages on Illinois Tech property, premises or facilities, except as specifically authorized by Illinois Tech, regardless of age;
- Providing or distributing alcohol to individuals under the age of 21;
- Severe intoxication resulting in disruptive behaviors or concern for the student’s well-being, regardless of age;
- Driving under the influence of alcohol or while intoxicated;
- Possession of open containers of alcohol on Illinois Tech property and public ways immediately adjacent there to, in Illinois Tech facilities, or in Illinois Tech vehicles or transportation, except as specifically authorized by Illinois Tech;
- Violations of other Illinois Tech alcohol policies pertaining to alcohol; and
- When a student is on campus or at an event affiliated with Illinois Tech or an Illinois Tech student organization, (i) possession of kegs or other large storage devices, quantity dispensing containers, or common sources of alcohol, except as specifically authorized by Illinois Tech, regardless of age; (ii) drinking practices or games that encourage participants to consume alcohol or promote intoxication and any paraphernalia that supports such activities are prohibited, regardless of age; (iii) in any dry or alcohol-free spaces on campus including, but not limited to, designated fraternity/sorority houses and areas in the residence halls and academic buildings; or (iv) in a manner inconsistent with the Residence Life Policy related to alcohol which can be found online at web.iit.edu/housing.
(b) Misconduct related to drugs (i.e., all illegal drugs and controlled substances) listed in the Policy, that occurs on Illinois Tech property or property under its control or at an Illinois sponsored event or activity including:
- Possession or use of illegal drugs or controlled substances, except as expressly permitted by all levels of legal authority and provided such use and possession is consistent therewith;
- Sale, manufacturing, or distribution of illegal drugs or controlled substances;
- Sale, possession, use or distribution of drug paraphernalia, which includes, but is not limited to, hookah, bongs, pipes, rolling papers, deseeding trays, roach clip, scales, or any item used to inhale/digest illegal substances or any item used to disguise the use of drugs;
- Driving under the influence of any illegal drug or controlled substance;
- Being in the presence of the use of illegal drugs or controlled substances on campus; and
- Violations of other Illinois Tech drug policies pertaining to illegal drugs and controlled substances.
(c)Although Illinois’ Compassionate Use of Medical Cannabis Pilot Program Act and the Illinois Cannabis Regulation and Tax Act respectively allows patients to possess and consume limited amounts of marijuana for certain medical conditions and allows legal possession of marijuana by those over the age of 21, these state laws conflict with federal laws governing marijuana. Illinois Tech is subject to the federal Drug-Free Schools and Communities Act Amendments, which mandates that campus communities be free of controlled substances (including marijuana). Therefore, the use, possession, manufacture, cultivation, dissemination, or being under the influence of medical marijuana on Illinois Tech property or at Illinois Tech-related activities is and shall remain prohibited.
Destroying, damaging, defacing, or vandalizing (or attempting to do any of the foregoing) property of Illinois Tech, property under Illinois Tech’s control or belonging to an Illinois Tech affiliate, employee, faculty member, student, alumni or guest.
Discrimination by any member of the Illinois Tech community against any individual on the basis of race, color, religion, national origin, sex, pregnancy, sexual orientation, gender identity, gender expression, parental status, marital status, age, disability, citizenship status, veteran status, genetic information, or any other classification protected by applicable law (each a “status”) in matters involving admissions, employment, housing, services, or in the educational programs or activities the university operates is prohibited.
Harassment, whether verbal, physical, electronic, including, without limitation, texting and social media, or visual, which is based on any of the above-referenced status is a form of discrimination. This includes harassing conduct affecting tangible job benefits, interfering unreasonably with an individual’s academic or work performance, or creating what a reasonable person would perceive to be an intimidating, hostile or offensive environment. Prohibited sex discrimination includes sexual harassment and sexual violence. (For more information about sexual harassment and sexual misconduct, please see Article III, and Article IV, Sections E, M and N, the terms of which are hereby incorporated into this provision.)
Examples of harassment may include, but are not limited to:
- Teasing or practical jokes directed at a person based on the person’s status;
- Jokes or epithets about a person’s status or about sex or gender specific traits;
- Displaying or circulating written materials or pictures that degrade a person or group based on their status;
- Verbal abuse or insults about, directed at, or made in the presence of an individual or group of individuals of a particular status;
- Suggestive comments, insults, or sexual propositions; and
- Electronic or written media including any of the above.
General bullying or uncivil behavior that is not based on a protected status may not fall within the purview of harassment as set forth herein, but may still violate other principles or policies set forth in this Code of Conduct or otherwise published by Illinois Tech, and therefore may be actionable.
Physical abuse of any person; or any action (or threat of action) that endangers, threatens to endanger or is reasonably likely to harm the health, safety, or mental well-being of any such person (including oneself); or the failure to seek emergency assistance for an Illinois Tech employee, faculty member, student, alumni or guest when it is reasonably clear such assistance is needed and the person who could seek such assistance was interacting or otherwise involved with the activity or circumstances necessitating such assistance. The possession and/or use of firearms or weapons on campus, as all such terms are defined in the Concealed Carry and Prohibition Regarding Firearms and Weapons on Campus Policy (See Article III, Section C hereof) may be considered conduct that endangers self or others.
Failure to comply with the reasonable request or instruction of an Illinois Tech official or emergency personnel acting in an official capacity, including, but not limited to, refusing to provide identification, refusing to dispose of or turn over prohibited items, failing to respond, leaving the scene of an incident or refusing to comply with instructions related to public health matters. This also includes disorderly or abusive conduct toward Illinois Tech officials acting in the performance of their duties. Students/guests/visitors are expected to cooperate with and may not knowingly give false information to an Illinois Tech employee or representative acting within the scope of their employment or official capacity; failure to do so is a violation of this provision.
In order to avoid possibly jeopardizing the safety or security of Illinois Tech and the Illinois Tech community, the following acts are prohibited:
- Damaging or destroying property of or under the control of Illinois Tech or an Illinois Tech affiliate, employee, faculty member, student, alumni or guest by fire or explosives;
- Maintaining, constructing or operating open fires, including bonfires, fire pits, chimneys and the like on Illinois Tech property or property under its control;
- Creating or maintaining on Illinois Tech property or property under its control a fire or fire hazard (except as specifically authorized), including burning candles or incense or use of unauthorized (or misuse of authorized) appliances or heating devices, including toasters, microwaves, hot plates, and space heaters;
- Tampering with or misuse of emergency or fire safety equipment, including emergency call devices, fire alarms, fire exits, firefighting equipment, smoke/heat detectors, or sprinkler systems located on Illinois Tech property or property under its control;
- Failing to exit immediately any Illinois Tech facility or building when a fire alarm or other emergency notification has been sounded, or hindering or impairing the orderly evacuation of any Illinois Tech facility, building, or premises;
- Smoking in any enclosed Illinois Tech facility, in any smoke-free designated outdoor areas, or within 25 feet of an entrance, open window, ventilation intake, or similar feature of any enclosed Illinois Tech facility;
- Vaping or the use of e-cigarettes is prohibited in all Illinois Tech facilities;
- Violations of state or local fire and fire-related ordinances or the life safety policies outlined in the Residence Life handbook listed online at web.iit.edu/housing.
Knowingly allowing one’s visitors or guests to violate Illinois Tech policies or failing to monitor the behavior of one’s visitors or guests to assure their adherence to such standards may result in the host student being held responsible for the actions of their visitors or guests. Students living in the residence halls and sororities are expected to also know and follow the guest policy outlined in the Residence Life handbook.
It is the responsibility of all students and student organizations to encourage an atmosphere of learning, social responsibility and respect for human dignity and to provide positive influences and constructive development for all members and aspiring members of the Illinois Tech community. Students and student organizations are expected to use good judgment to determine the abilities of individual students as they relate to organization activities and requirements. Accordingly, Illinois Tech prohibits acts of hazing. (Illinois law also prohibits hazing. See 720 ILCS §5/12C50. Hazing can be a Class 4 felony, which carries criminal penalties of up to three years’ imprisonment and a $25,000 fine.)
At Illinois Tech, hazing is defined as any action taken or situation created, intentionally or unintentionally, whether on or off Illinois Tech premises and whether presented as optional or required, to produce: mental, physical, or emotional discomfort; servitude; degradation; embarrassment; harassment; or ridicule for the purpose of initiation into, affiliation with, admission to, or as a condition for continued membership in an Illinois Tech group, team, or other organization, regardless of an individual’s willingness or consent to participate. To be clear, Illinois Tech may hold individuals as well as groups of students and student organizations responsible for hazing.
Though not intended as an exhaustive list, the following actions and situations constitute hazing, if they are undertaken for or in connection with the above-noted reasons and purposes:
- Any physical abuse expected of or inflicted upon another, including paddling, tattooing or branding in any form;
- Any strenuous physical activity expected of or inflicted upon another, including calisthenics;
- Creation of excessive fatigue, sleep deprivation, or interference with scholastic activities, including late night work sessions, meetings or sleepovers;
- Physical and psychological shocks, including line-ups, berating, verbal abuse, threats and name calling;
- Sexual violations or other required, encouraged or expected sexual activity, whether actual or simulated;
- Prolonged exposure to severe or inclement weather;
- Periods of silence or social isolation;
- Kidnapping, road trips, abandonment, scavenger hunts or any other involuntary excursions;
- Wearing of uniforms or apparel that is conspicuous and not normally in good taste;
- Engaging in degrading or humiliating games, activities, stunts or buffoonery; including requiring, encouraging or expecting individuals to carry, possess or maintain objects or items;
- Requiring or compelling the consumption of liquid (including alcohol), food, drinks or other substances;
- Servitude or placing another in a position of servitude, including requiring, encouraging or expecting a new member to do the tasks of, or to do tasks for, an experienced member, or to address members with honorary or formal titles;
- Taking, withholding or interfering with an individual’s personal property;
- Falsely leading an individual or individuals to believe that they will be inducted or initiated by participating in particular activities;
- Depriving an individual of any privileges of membership or affiliation to which one is entitled;
- Removing, stealing, taking or damaging public or private property; and
- Requiring, encouraging or expecting individuals to participate in activities that are illegal or unlawful or are not consistent with the group’s mission or values or the policies of Illinois Tech, including this Code of Conduct.
Disorderly or disruptive conduct that impacts or could have impacted the educational environment and/or the efficient operations of Illinois Tech. Examples of the type of conduct intended to be covered hereby include, but are not limited to:
- Yelling, cursing, or causing a disturbance;
- Participating in an on-campus or off-campus demonstration or activity that disrupts the normal operations of Illinois Tech and/or infringes on the rights and opportunities of the members of the Illinois Tech community;
- Intentional obstruction or disruption of teaching, research, administration, disciplinary proceedings or other Illinois Tech activities and other authorized activities on Illinois Tech premises;
- Leading or inciting others to disrupt scheduled and/or normal activities in the classroom or in any campus building or areas;
- Behavior such as public urination, “streaking”, “mooning”, “flashing”, and indecent exposure in a public area is prohibited;
- Unauthorized production of audio, video, or photographic images of a person in a location in which that person has a reasonable expectation of privacy, including, but not limited to: residence hall rooms, locker rooms and restrooms. This includes the use of devices such as digital cameras, cell phones, Google Glass, iPads/tablets, and the like. For safety reasons, Illinois Tech notes that it has security cameras installed in public areas of its campuses; and
- Flying of an Unmanned Aircraft Systems (UAS) within 10 feet of any Illinois Tech building or any individual(s) who are present on Illinois Tech property.
Acts of fraud, misrepresentation, or dishonesty, including, but not limited to the following:
- Forgery, alteration, or misuse of Illinois Tech documents, records, identification or other materials;
- Knowingly furnishing false, forged or inappropriately altered information to Illinois Tech, any Illinois Tech official, or emergency response personnel;
- Intentionally misrepresenting to Illinois Tech or any Illinois Tech official, your status at Illinois Tech or utilizing Illinois Tech’s brand, trademarks and the like without permission;
- Possession, use, manufacture, or distribution of identification cards or devices that are false or fraudulent or that misrepresent an individual’s identity, age or other personal characteristics, including using another individual’s identification; and
- Altering or attempting to alter any electronic record of Illinois Tech via any means of unauthorized access, including, without limitation, “hacking.”
For matters related to academic dishonesty, please refer to the Code of Academic Honesty.
Title IX Sexual Harassment is defined and shall have the meaning set forth, in Article III, Section B of this Student Handbook. Complaints of Title IX Sexual Harassment must be made in accordance with the Title IX Sexual Harassment Process set forth in Article III, and any such complaint will be exclusively investigated, adjudicated, and sanctioned in accordance with said Process.
Exclusive of allegations that would constitute Title IX Sexual Harassment, violation of Illinois Tech’s policy on Sexual Misconduct (see Article IV, Section N and specifically Section N(6), which include the following:
- Sexual penetration without consent (e.g., rape);
- Sexual contact without consent (e.g. fondling);
- Statutory rape;
- Sexual exploitation;
- Stalking; and
- Dating and domestic violence.
Theft or unauthorized use of the property of Illinois Tech or an Illinois Tech affiliate, employee, faculty member, student, alumni or guest, including being in possession of stolen property.
Unauthorized access or entry to, presence in or use of Illinois Tech properties, physical and virtual, including the following:
- Illinois Tech facilities, property, electronic or digital systems, or services;
- Roofs, balconies or fire escapes of any Illinois Tech building or facility for any purpose except in case of an emergency;
- Hosting an event in an Illinois Tech-owned or Illinois Tech-operated facility, property or space that exceeds policies governing that space, including capacity or time restrictions; and
- Possession, duplication, distribution or use of keys, access codes, access cards or other means of entry or access to any Illinois Tech property, premises or location.
Violation of published Illinois Tech regulations, including, without limitation, the Use of Technology Resources, Use of University Provided Mobile Internet, Concealed Carry and Prohibition Regarding Firearms and Weapons on Campus, No Smoking Policy and policies and regulations relating to entry and use of Illinois Tech facilities. (See, for example, Residence Life Handbook, Illinois Tech Bulletins, Illinois Tech Policies & Procedures Manual, and such similar policies and manuals of general applicability.) All of the foregoing policies and regulations are hereby incorporated into this Code of Conduct. It is the expressed obligation of all students to familiarize themselves with these policies and regulations. To this end, all are available on the Illinois Tech website.
In accordance with and in response to currently effective State of Illinois and City of Chicago public health guidelines, Illinois Tech may issue measures to minimize the risks associated with the continuing COVID-19 pandemic, which include, but are not limited to, requirements concerning the wearing of face coverings, social distancing, and/or self-isolation and self-quarantine. Currently effective measures are publicly posted or published at https://www.iit.edu/COVID-19, and all such posted and published measures are incorporated herein. Changes to these measures should be expected, and each student has the responsibility to review regularly this website to keep themselves informed of the most current measures. Changes to these measures will be deemed incorporated herein upon publication. Failure to follow such posted or published measures is a violation of this Code of Conduct. All students and their guests are expected to follow the published measures and/or posted in campus facilities.
Violations of federal, state or municipal laws that occur on or off campus and that impact the operations of Illinois Tech, disrupt the education environment of Illinois Tech or are perpetrated against Illinois Tech or an Illinois Tech affiliate, employee, faculty member, student, alumni or guest.
Encouraging, assisting, conspiring, or hiring another to engage in, or being an accessory to any conduct prohibited by this Code of Conduct will be considered a violation of this policy.