IIb-e. Conduct Discipline and Sanctions
The student conduct process, which exists in order to maintain the safe and efficient operations of Illinois Tech and to aid in advancing its academic mission, is based on the assumption that disciplinary procedures, when required, should aim to be an educational process, while also maintaining the safe and efficient operations of Illinois Tech and protecting its community. Disciplinary sanctions are primarily imposed to help students develop individual responsibility and encourage self-discipline, to foster a respect for the rights of others, and to protect the rights, freedoms and safety of all members of the Illinois Tech community. Hearings or appeals processes are not courts of law and are not governed by criminal or civil court procedures; however, the processes aim to provide for the timely, fair and impartial investigation and resolution of each matter. In adjudicating any alleged violation(s) of the Code of Conduct, the preponderance of the evidence standard is employed, meaning the facts and circumstances and reasonable inferences drawn therefrom indicate that it is more likely than not the violation occurred. The only process to which a student is entitled is the process provided for in this Student Handbook. However, because some violations of the Code of Conduct are also violations of the law, students may be accountable to both law enforcement agencies and Illinois Tech for their actions. Illinois Tech’s student discipline process will normally proceed notwithstanding any external civil or criminal proceeding.
In an effort to encourage students to help one another by contacting the appropriate administrative department or authority in critical situations (Public Safety, Residence Life, Office of the Vice Provost for Student Affairs, Student Health & Wellness Center) or 911 Emergency Assistance, a student who seeks assistance for another student, who is experiencing a drug or alcohol emergency, will generally not be subject to disciplinary action by the Office of the Vice Provost for Student Affairs. This provision applies only to individuals, not organizations. To be clear, this policy is not meant to promote unlawful drug or alcohol use among students. Rather, it is intended to provide a provision within the Code of Conduct to encourage responsible reporting to an appropriate authority when a student is in need of help. Accordingly, it is expected that any reporting will be done in good faith. Amnesty matters will be determined by the Dean of Students or designee.
The Amnesty Policy acknowledges that as members of this community, students have a responsibility to each other. Therefore, students should directly seek medical assistance for another person (or for themselves) during an alcohol or other drug related emergency. In such an instance, the student who seeks medical assistance will not face disciplinary action for the mere possession or use of alcohol or drugs, if they remain with the individual until medical assistance arrives and the person can be assisted. In order to qualify under the Policy, the student, after securing medical assistance, must also contact the appropriate administrative department or authority. Depending on the facts and circumstances, a student who seeks medical assistance for another may be required to meet with a member of the Student Affairs staff and/or a counselor. As long as the student complies with all directives, they will not face disciplinary actions for the mere possession or use of alcohol and/or drug; failure to comply can result in the revocation of the amnesty and referral to the normal disciplinary process.
B. Limits Of The Amnesty Policy
The Amnesty Policy applies only to alcohol or other drug related medical emergencies but does not apply to other prohibited conduct under the Code of Conduct. If other prohibited conduct occurs, then a student can be charged with a violation of the Code of Conduct. The use and/or abuse of alcohol or drugs will not be considered a mitigating circumstance for any other violation of this Code of Conduct. In cases where an individual fails to seek emergency medical assistance when it is clearly needed, disciplinary action may be taken against the individual.
Reporting pursuant to the Amnesty Policy will be monitored, and the Dean of Students retains the authority to pursue, in accordance with the Code of Conduct and applicable law, disciplinary action against and/or contact the parents of the students who abuse it.
The Amnesty Policy applies only to Illinois Tech’s response to a medical emergency. Criminal/police action may still occur separately from the Dean of Students office.
Anyone – student, staff member, faculty member or non-Illinois Tech individual – may initiate a complaint under the Code of Conduct against an admitted or enrolled student for misconduct. (A complaint may also take the form of an Illinois Tech Department of Public Safety Incident Report regarding student conduct.) Complaints must be in writing and may be filed at www.iit.edu/incidentreport or with any of the following offices:
- Office of the Vice Provost for Student Affairs;
- Office of Residence Life;
- Office of Community Standards;
- Public Safety; or
- Greek Council.
Though individuals are encouraged to come forward and report complaints, reports may also be made anonymously by contacting the Public Safety Department at 312-808-6300 or by filing a report at www.iit.edu/incidentreport. All complaints will be reviewed by the Office of the Vice Provost for Student Affairs; however, Illinois Tech’s ability to investigate and to address anonymously reported complaints is generally significantly limited, which may inhibit Illinois Tech’s ability to pursue disciplinary proceedings against potential or alleged responsible parties. Accordingly, the more information that can be provided, the more thorough the investigation will likely be.
All complaints will be processed through the Office of the Vice Provost for Student Affairs. This Office will review and investigate, as it deems appropriate, the complaints to determine if the gathered evidence provides a reasonable basis upon which a determination that a violation of this Code of Conduct may have occurred could be made (i.e., merit) and, if so, to determine the appropriate course of action. It is possible that the initial facts and circumstances known or discovered by Illinois Tech may be deemed to have sufficient merit so as to warrant an investigation and/or interim measures, including an investigatory meeting with the responding party; nonetheless, the facts and circumstances developed as a result of such an investigation may cause or result in Illinois Tech concluding that sufficient merit does not exist for an actual hearing to occur. Less serious offenses involving fraternity or sorority regulations may be heard by the Greek Council, while less serious offenses related to student housing may be heard by Residence Life.
For the avoidance of doubt, sexual misconduct offenses, exclusive of Title IX Sexual Harassment, which are processed pursuant to Article III of this Student Handbook, are per se deemed serious and will be processed by the Office of the Vice Provost for Student Affairs as provided for in this Student Handbook.
A. Notification and General Procedures
If a complaint is deemed to have merit, meaning the gathered evidence provides a reasonable basis upon which a determination that a violation of this Code of Conduct may have occurred could be made, students will be notified in writing by the Office of the Vice Provost for Student Affairs at least five calendar days before any hearing and/or at least three calendar days before an investigatory meeting; provided, however, when the alleged violation relates to Article I(16), Non-Compliance with Temporary COVID-19 Policies, students will be notified in writing by the Office of the Vice Provost for Student Affairs at least three calendar days before any hearing and/or at least one calendar days before an investigatory meeting. In person delivery or e-mail correspondence sent to the student’s registered iit.edu e-mail address will be considered sufficient written notification in all instances where written notification is required under this Code of Conduct or Student Handbook. To be clear, email correspondence set to the student’s registered iit.edu e-mail address will be considered, and will be deemed, for all purposes, sufficient delivery of written notification in any and all instances where written notification is required under this Code of Conduct. It is the student’s sole responsibility to monitor their email. The date any such notification is e-mailed will serve as the start date for any time period within which or after which any subsequent action or proceeding is to commence. All meetings and hearings are closed to the public. Only those individuals contemplated or permitted to be in attendance pursuant to the provisions of this Student Handbook and such other Illinois Tech officials deemed reasonably necessary to the process may attend any particular hearing. Any student may waive any time period required herein by executing a written waiver to such effect.
As set forth herein, notification of an investigatory meeting and/or conduct hearing will be provided by the Office of the Vice Provost for Student Affairs and will include: (i) in the case of an investigatory meeting, a summary of the alleged complaint, including, to the extent know, when, where and, if applicable, against whom it occurred, possible or potential violation(s) of the Code of Conduct implicated thereby, and the time and place of the meeting; and (ii) in the case of a conduct hearing, the specific violation(s) of the Code of Conduct with which they are being charged and either a copy and/or summary of the evidence and witnesses that will be presented to substantiate the violation(s) and the time and place of the hearing. Once proper notification has been given, Illinois Tech reserves the right to hold the meeting and/or hearing whether or not the student elects to participate. Notwithstanding any time period specified herein, if reasonable circumstances prevent any step from occurring within an identified time frame or if there are unanticipated delays (school breaks, including summer, inclement weather, witnesses or hearing board members are unavailable, illnesses, health and safety concerns, and the like), Illinois Tech’s right to adjudicate violations of the Code of Conduct shall not be negated. In such instances, Illinois Tech will notify all parties of the delay and will proceed with due diligence to complete the adjudication as quickly as reasonably possible given the circumstances, giving due notice to all impacted parties of the revised timing for completion of the process.
In any investigatory meeting, as defined in Section 3(c) below, and any conduct hearing, whether before the Dean of Students or their designee or the Campus Judicial Board, the student alleged to have violated the Code of Conduct will have the right (A) to attend the conduct hearing, (B) to be accompanied by their parents and one other advisor of their choosing, and (C) at the appropriate time in the hearing, present witnesses on their behalf. If a proceeding relates to an alleged sexual misconduct violation, then the student who experienced such alleged sexual misconduct will also have these rights, therefore, in such cases, the accused and accuser will be notified of the time and place of the hearing in the same manner.
Upon receipt of a complaint, and pending an investigation and/or a hearing, the Dean of Students may issue a temporary “no contact” order to any involved party not to have any contact (written, oral, electronic and/or in-person) with the accuser, accused and/or potential witnesses whenever the Dean determines that such order is reasonable to maintain the integrity of the process, to prevent undue influence, to avoid the imposition of undue stress on any party to the hearing, and/or to maintain the academic environment or efficient administration of Illinois Tech.
B. Role of Advisor
In order to maintain the integrity, civility and efficiency of the process under this Code of Conduct, any advisor and/or parents attending a meeting or hearing will be limited to advising the student and will not be allowed to participate in the meeting and/or hearing; this includes, but is not limited to, presenting the case, answering questions, questioning witnesses or making statements during the hearing. Failure of an advisor or parent to adhere to these standards may result in their removal from the hearing. Illinois Tech, at its discretion, reserves the right to have a member of its Office of General Counsel present during any part of the disciplinary process, especially when an attorney serves as an advisor to a student.
C. Meetings and Hearings
I. Investigatory Meeting
Prior to a hearing for violation(s) of the Code of Conduct and as part of its investigation of a complaint, the Office of the Vice Provost for Student Affairs may, at its discretion, hold an investigatory meeting with the student who has been accused of violating one or more provisions of the Code. This meeting between the accused student and the Dean of Students or their designee is to discuss the matters in the complaint. (For the avoidance of doubt, any other fact-finding and/or investigatory activities that may occur with respect to any particular alleged violation are not deemed, and shall not be considered, “Investigatory Meetings” as such term is used in this Section 3(c).) If an investigatory meeting is held, it will generally occur any time within 15 calendar days of receipt of the complaint, but in any event, the student will be notified in writing at least three calendar days before the scheduled meeting. (For the avoidance of doubt, this does not mean that an investigation will be completed within 15 calendar days, only that it is Illinois Tech’s intent that the student who is the subject of the complaint will be asked to attend an Investigatory meeting within such time frame.) Investigatory meetings shall not be recorded and any notes or materials of any investigatory meeting made by the Dean of Students or their designee will be the sole property of Illinois Tech and may, at Illinois Tech’s discretion, be submitted as evidence at any subsequent conduct hearing.
If an investigatory meeting is not held and the alleged misconduct could result in a sanction of suspension or expulsion, then, unless waived by the student as provided in (ii) below, the matter will proceed to a hearing before the Campus Judicial Board. If an investigatory meeting is held, but the student fails to attend the investigatory meeting, or one was not held and the alleged misconduct will not result in a sanction of suspension or expulsion, then the matter may, at the discretion of the Dean of Students or designee, be heard administratively and a determination of responsibility made. Finally, regardless of whether an investigatory meeting is held or not, any alleged violations of Article II A(16), Non-Compliance with Temporary COVID-19 Policies, will, in all cases, only be adjudicated pursuant to an administrative hearing.
II. Investigatory Meetings in Sexual Misconduct Matters
With respect to an alleged violation of sexual misconduct, the expectation is that an investigatory meeting will occur unless the responding party (i) is not a then-registered Illinois Tech student, (ii) is incarcerated or otherwise lawfully detained, or (iii) the determination is made that the substantive value of such meeting to the process is outweighed by the physical or mental health or safety risks to the campus or one or more staff members or students. If an investigatory meeting is held, it will generally occur any time within 15 calendar days of receipt of the complaint, but in any event, the student will be notified in writing at least three calendar days before the scheduled meeting. (For the avoidance of doubt, this does not mean that an investigation will be completed within 15 calendar days, only that it is Illinois Tech’s intent that the student who is the subject of the complaint will be asked to attend an Investigatory meeting within such time frame.) With respect to any investigatory meetings and hearings related to alleged sexual misconduct violations, but only with respect to such violations, the Dean of Students will provide or will have provided to both the reporting party and responding party as well as appropriate Illinois Tech officials involved with such matters timely and equal access to any information that will be used during such meetings and hearings.
Investigations of alleged violations of sexual misconduct will be conducted by individuals who have received training, as required by law, on issues related to dating violence, domestic violence, sexual assault and stalking and how to conduct an investigation that protects the safety of victims and promotes accountability and other such matters.
III. Types of Hearings
There are two types of disciplinary hearings: Administrative Hearings and Campus Judicial Board Hearings. At the discretion of the Dean of Students, any hearing under this Code of Conduct may be held virtually so long as all parties are able to see, hear and speak to one another.
Administrative Hearings: A one-on-one meeting between the student and hearing administrator designated by the Dean of Students to discuss the alleged violation(s). The student may present witnesses and/or witness statement(s) on their behalf. Witnesses are defined as individuals who were at the incident in question and/or have information pertinent to the incident in question. The administrator may, in their sole discretion, disallow witnesses whose testimony would be redundant or not germane to the charges or do not meet the requirements set forth in the immediately preceding sentence. The administrator determines responsibility and imposes any applicable sanction(s). Administrative hearings are typically used for cases that are deemed less serious in nature or when health and safety concerns make use of an administrative hearing prudent.
Campus Judicial Board Hearings: The accused student and reporting party (if applicable) appear before the Campus Judicial Board to discuss the alleged violations. The Campus Judicial Board determines responsibility and imposes any applicable sanction(s). Students appearing before the Campus Judicial Board will be notified of a pre-hearing meeting to review the allegations and the process with the Dean of Students or their designee; this pre-hearing meeting is separate and distinct from an investigatory meeting and conduct hearing. The student will be notified of the date of the pre-hearing meeting at least three calendar days in advance of their scheduled hearing date, and their hearing before the Campus Judicial Board will proceed regardless of whether they attend the pre-hearing meeting. Campus Judicial Board hearings will be used for cases where the alleged violation(s) could result in sanctions of suspension or expulsion or the allegations are deemed complex in nature. The Dean of Students or their designee may at their sole discretion determine which cases are deemed complex in nature. Students who are referred to the Campus Judicial Board may waive their right to a board hearing and select an administrative hearing. Prior to the student waiving their right to appear before the Board, the Dean of Students or their designee must inform the student if the alleged misconduct could result in a sanction of suspension or expulsion. If such sanctions could result and the student wants the matter to be heard administratively by the Dean of Students or their designee, the student must sign a statement waiving their right to a hearing before the Campus Judicial Board.
Hearings are generally expected to commence at any time within 60 calendar days after the investigatory meeting or 45 calendar days after receipt of the complaint if no investigatory hearing is held. However, additional time may well be needed to investigate thoroughly and fairly a complaint, especially, by way of example, when the complaint involves multiple parties, requires a number of witnesses to be interviewed, is reported during or shortly before a break period and/or involves parties or agencies that are not part of the Illinois Tech community. With respect to alleged violations of sexual misconduct, hearings will be conducted by individuals who have received training, as required by law, on issues related to dating violence, domestic violence, sexual assault and stalking and how to conduct an investigation that protects the safety of victims and promotes accountability and other such matters.
The Campus Judicial Board (i) may, as appropriate, be advised by a designee of the Dean of Students, (ii) aim to conduct itself in a manner consistent with applicable policies, and (iii) will be composed of members who do not have a conflict of interest or bias for or against the accuser or the accused. A Campus Judicial Board will generally include two faculty members, at least one of whom is not in the student’s major department, two students, one Illinois Tech staff member, and one Illinois Tech staff member from the Office of the Vice Provost for Student Affairs, who will serve as chairperson of the Board and preside over the hearing but do so as a non-voting member, though they will be present during deliberations. Parties to the proceeding will be alerted to the identify of Campus Judicial Board membership at least five calendar days in advance of a hearing, and they must notify, in writing, the Dean of Students of any claimed conflict of interest or bias that a member may have against them within two calendar days thereafter, which notice must specifically detail the nature of the alleged conflict or bias. Failure to comply with the foregoing notice provision shall constitute a waiver of one’s right to raise subsequently such an objection. After review of any such notification, it is the decision of the Dean of Students whether to remove any member of a Campus Judicial Board. All members of a Campus Judicial Board will be appointed by the Dean of Students or their designee. A member of a Campus Judicial Board as well as participants before a Campus Judicial Board may participate by teleconference, Skype, Zoom or such other electronic or virtual means that permits them to see and/or to hear the proceedings and participate in them.
A student will have the right to submit written documentation for the Campus Judicial Board to review, but in order to have such documentation reviewed, it must be submitted to the Office of the Vice Provost for Student Affairs at least two calendar days prior to the hearing. At the hearing, a student will have the right to make an oral statement both at the start and the conclusion of the hearing. Further, as a general rule, a student will have the right (i) to present and to question any witnesses of their choosing that have information relevant to the charges against them, provided that the chair may, in their sole discretion, disallow witnesses whose testimony would be redundant or not germane to the charges; and (ii) to cross-examine any witness that is called to testify in support of the charges, provided that the chair may, in their discretion, limit such cross-examination to the extent it is not germane to the charges, is redundant or becomes abusive or harassing. Members of the Campus Judicial Board may, as each deems appropriate, ask questions of any witness called or regarding any evidence submitted. To the extent deemed necessary to maintain decorum or to protect students from harassment or to ensure the integrity of the process, the chair, in their sole discretion, may require a student to direct questions to the chair who will then ask them of a witness or witnesses. Further, for the same reasons, the chair may separate and/or shield parties from one another, and such actions shall be permissible as long as the parties can hear and respond to one another in real time.
A recording of the hearing will be made and will remain the sole property of Illinois Tech. No other record of the hearing may be made. Students will be notified in writing of the decision of conduct proceedings, including sanctions imposed. For additional information on the hearing process, contact the Office of the Vice Provost for Student Affairs (312.567.3081).
Solely with respect to any conduct hearing, whether before the Dean of Students or their designee or the Campus Judicial Board, concerning an alleged sexual misconduct violation, the foregoing procedures shall be supplemented by those set forth in Article IV, Section N of this Handbook.
IV. Admission by Student
Notwithstanding any other provision of this Disciplinary Proceeding section, if a student admits in writing to a violation of the Code of Conduct and waives their right to a hearing, then the Dean of Students or their designee may impose such sanction as they deem appropriate without any hearing but after affording the student an opportunity to explain their actions, including any mitigating factors that the student may deem relevant; provided, however, if the violation could result in a sanction of suspension or expulsion, then the student’s written admission and waiver must acknowledge this fact. If the violation concerns sexual misconduct, then the person who experienced the misconduct will be provided the opportunity to meet with the Dean of Students or designee to discuss the matter, including its impact on them. In such cases, the student should be advised of the sanction(s) imposed within seven calendar days of receipt of their written admission and waiver.
V. Student Withdrawal from School
A student who withdraws from school while disciplinary action is pending, or who is involved in misconduct after withdrawal that would subject them to disciplinary action, may be required to appear in a disciplinary proceeding under this Article II with respect to such action before permission to resume studies is granted.
Sanctions that may be applied by the Greek Council are described in its Constitution. Sanctions that may be applied by the Office of Residence Life are described in the Residence Life Handbook. The Dean of Students or their designee or the Campus Judicial Board is authorized to impose one or more of the following sanctions when a violation or violations of the Code of Conduct has been found to have occurred; provided, however, the Dean of Students may only impose suspension or expulsion if the student has received the notice required above and waived their right to a hearing before the Campus Judicial Board:
Disciplinary Warning. An official written notification that a student’s behavior is in violation of Illinois Tech regulations or standards, which will also clarify expected behavior in the future. This sanction may or may not carry with it conditions or restrictions of privileges.
Restitution. A student is required to make monetary restitution for theft of or damage to Illinois Tech property or to that of a member of the Illinois Tech community, or for expenses incurred as a result of the student’s actions.
Fines. Illinois Tech reserves the right to assess a fine for misconduct.
Suspension of network access. A student’s access to the Illinois Tech computer network or the web may be denied for violations that involve the use, directly or indirectly, of the network. Offenses to which this sanction may apply include, but are not limited to, violation of the Use of Technology Resources and Use of University Provided Mobile Internet policies, harassment and stalking.
Educational sanctions. A student is required to perform one or more educational sanction(s) appropriate to the offense. These may include a formal apology (in writing and/or in person), a public presentation or research paper on a designated topic, assigned campus and/or community service, participation in a workshop for alcohol, drug-related or sexual misconduct or completion of an on-line tutorial.
Mutual No Contact Order: Mutual No Contact Orders are designed so that students do not have communication, interact or come into contact with one another, to minimize further incidents. Specific details are provided in the Mutual No Contact Order that is received by the involved student(s). An interim Mutual No Contact Order can be put in place by the Vice Provost and Dean of Students or designee if deemed reasonably appropriate and/or prudent to maintain the educational environment of Illinois Tech and/or the parties.
Conduct probation. This is a form of probation imposed on a student for misconduct within the Illinois Tech community. The intent of Conduct Probation is for a student to self-correct their behavior and learn to become a productive member of the Illinois Tech community. Certain restrictions and/or educational sanctions may also apply to this form of probation. Conduct Probation also is designated to remain in effect for a specified duration (e.g., one semester or one academic year).
Disciplinary probation. This is the most serious form of probation issued by Illinois Tech. A student placed on Disciplinary Probation is required to correct their behavior immediately in order to remain a member of the Illinois Tech community. This form of probation may also include additional restrictions and/or educational sanctions and is designated to remain in effect for a specified time (e.g., one semester, one academic year).
Pending a hearing, the Dean of Students may place a student on temporary disciplinary probation when the facts and circumstances of the allegations against them are sufficient to reasonably assume, given the academic and/or campus environment, immediate, preventative action is advisable to maintain the safety or efficient operation of the campus or the physical, mental, and emotional health of one or more members of the campus community. Allegations that are sufficiently alarming include, but are not limited to, violations of the Policy on Drugs and Alcohol, Policy and Procedures on Sexual Harassment, incidents involving felony-level criminal charges, incidents of Sexual Misconduct and matters that reasonably pose a risk to the safety of other students, Illinois Tech property and/or the efficient administration of Illinois Tech. Failure to comply with disciplinary probation sanctions could result in recommendation for Suspension or Expulsion from Illinois Tech. (See Suspension and Expulsion.) Imposition of temporary disciplinary probation will be based upon a review of the particular facts and circumstances and reasonable efforts, given the circumstances, will be made to meet with a student prior to such imposition so that they may present their case as to why such action should not be taken. A student may appeal the imposition of temporary disciplinary probation in writing to the Provost within three calendar days of its imposition. The student will remain on temporary disciplinary probation during the appeal, and the Provost’s decision regarding the matter will be final. If an appeal is not filed by the student within the requisite time period, the right to appeal will be deemed waived, and the decision to impose temporary disciplinary probation will stand.
Disciplinary probation also impacts a student's ability to participate in certain Illinois Tech activities. Students on disciplinary probation may not hold an office within a student organization (see Student Organization policies) or travel on behalf of Illinois Tech or in connection with any Illinois Tech sanctioned event or activity (see Travel Policy).
Relocation/Suspension/Ban from Campus Housing. A student is required to relocate, for disciplinary reasons, to another residence hall or other campus housing. The timing of such relocation is at the discretion of the party imposing this sanction, but it may be immediate. A student may also be prohibited from entering the residence hall/campus housing from which they were relocated or which was otherwise connected or related to the violation. The timing of such prohibition is also at the discretion of the party imposing this sanction, but it may be immediate. Further, a student may be denied, for disciplinary reasons, housing in the residence halls, in campus apartments or in fraternities or sororities. Notwithstanding any other provision of this Conduct Discipline and in addition to any other sanction imposed by the Dean of Student or their other designee or the Campus Judicial Board, the housing contract of any student who either admits to or is found to have used or possessed illegal drugs in any Illinois Tech residence hall may be immediately canceled, and such student must move out of the residence hall as promptly as possible, but in any event within 72 hours.
Suspension. Suspension is a status assigned for various periods of time in which a student’s enrollment is interrupted. A suspended student may not attend day or evening classes, including classes taught on-line, or participate in student activities. A suspended student may only be present in or on property owned by Illinois Tech with written approval from the Dean of Students or their designee. A suspended student may apply for reinstatement at the end of the period of suspension. If reinstated, the student may be placed on disciplinary probation for a period of time.
Pending a hearing, the Dean of Students may issue a temporary suspension when the facts and circumstances of the allegations against them are sufficient to reasonably assume, given the academic and/or campus environment, immediate separation is required to avoid or to minimize physical, mental, or emotional pain to one or more other students, to maintain the integrity of the educational environment; an/or to maintain the safety of the campus and its community. Allegations that are sufficiently alarming include, but are not limited to, violations of the Policy on Drugs and Alcohol, Policy and Procedures on Sexual Harassment, incidents involving felony-level criminal charges, sexual misconduct and matters that poses a risk to the safety of other students, Illinois Tech property and/or the efficient administration of Illinois Tech. Imposition of temporary suspension will be based upon a review of the particular facts and circumstances and reasonable efforts, given the circumstances, will be made to meet with a student prior to such imposition so that they may present their case as to why such action should not be taken. A student may appeal the imposition of temporary suspension in writing to the Provost within three calendar days of its imposition. The student will remain on temporary suspension during the appeal, and the Provost’s decision regarding the matter will be final. If an appeal is not filed by the student within the requisite time period, the right to appeal will be deemed waived, and the decision to impose temporary suspension will stand.
Expulsion. Expulsion is the complete severance of association with Illinois Tech.
In addition to the foregoing, additional sanctions, as set forth in Article VI, Section E, may be imposed on student organizations.
2. Conditions and Restrictions
Any of the sanctions set forth in Section C(1), including any temporary sanction, may carry additional conditions and/or restrictions, including, but not limited to, a referral for counseling of specified type and duration as appropriate; a requirement to refrain from contact or communication -- including in person, via email, telephone, text messaging, social networking, third party, or any other method of communication - with one or more individuals; denial of use of Illinois Tech facilities; denial of parking privileges; being barred from such activities as representing Illinois Tech on any athletic team or participating or holding office in any student organization or committee; or being barred from receiving employment or scholarship aid from Illinois Tech funds.
3. Review of Sanction of Suspension or Expulsion
In any matter where the Dean of Students or the Campus Judicial Board seeks to impose a sanction of suspension or expulsion, the imposition of the sanction will automatically be stayed and the matter referred to the Provost for review. With respect to the proposed sanction, the Provost, within 21 calendar days of receipt thereof, may make any of the determinations set forth under Section D(3) below. Once the Provost’s review has been completed, the Dean of Students’ or the Campus Judicial Board’s proposed sanction, as it may have been modified by the Provost, will become effective. Notwithstanding any other provision of this Student Handbook, no matter so referred to the Provost shall be subject to any further appeals on the basis that the sanction imposed was inappropriate to the offense.
An appeal of a sanction for violation of the Code of Conduct must be submitted in writing to the Office of the Vice Provost for Student Affairs (email@example.com) within five calendar days of notification of the decision. Supporting information must be submitted with the appeal. An appeal or submission made after this deadline will not be considered, and the student will be deemed to have waived his right thereto. Issues not raised in a timely submitted appeal will be deemed to have been waived. In both cases, this means that any decision(s) and sanction(s), as the case may be, shall be final.
1. Levels of Appeal
Decisions rendered by the Greek Council or Residence Life Staff, or their respective designee, may be appealed to the Office of the Vice Provost for Student Affairs, and the decision of the Dean of Students with respect to such matters shall be final. Disciplinary sanctions imposed on students for misconduct by the Dean of Students or their designee or by the Campus Judicial Board may be appealed to the Provost, whose decision shall be final.
2. Basis for Appeal
An appeal may be made only for one of the following reasons:
- The procedures outlined above were not substantially followed and such occurrence reasonably could be deemed to have impacted the outcome;
- Subject to the restriction set forth in Section C(3) above, the sanction imposed was inappropriate for the offense; and
- New evidence that was not available at the time of the original decision, due to no fault or lack of diligence of the student, has become available.
Within 30 calendar days of receipt of the appeal, the decision maker may make one of the following determinations:
- Uphold the decision and the sanction;
- Reverse the decision and/or modify (enhance or lessen) the sanction; or
- Uphold the decision and return the case to the Campus Judicial Board or the Dean of Students to reconsider the sanction.
With respect to hearings related to an alleged violation(s) of sexual misconduct, the Dean of Students will simultaneously notify both the accused and the accuser of (i) any results of the hearing, any sanctions imposed and the general rationale for the results and sanctions, (ii) any available appeal options, (iii) any changes as a result of the appeal, and (iv) when the result has become final.
Upon written request, Illinois Tech will disclose to the alleged victim of any crime of violence, or a non-forcible sex offense, the results of any disciplinary proceeding conducted by it against the student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of the crime or offense, the information shall be provided, upon request, to the next of kin of the alleged victim.