Sexual Harassment /Sexual Misconduct September 2017 9/16/2013 Illinois Tech Office of General Counsel Educational Program for Teaching Assistants Who has been in previous years? Who has dealt with harassment issues? Sexual Harassment /Sexual Misconduct September 2017

9/16/2013 Program Objectives Review Illinois Tech’s policy on sexual harassment/sexual misconduct Review Title IX requirements regarding sexual harassment and sexual misconduct Know what to do if harassment/misconduct occurs conduct that appears to be sexual harassment

9/16/2013 Sexual Harassment – Employee Handbook (Policy E. 2.00) – Student Handbook (2017-2018, Sec III (M)) Illinois Tech is committed to ensuring an environment for all students and employees that is fair, humane, and respectful - - an environment which supports and rewards student and employee performance on the basis of relevant considerations such as ability and effort. Behaviors which inappropriately assert sexuality as relevant to student or employee performance damage this environment. Both handbooks are in parity

Sexual Harassment – Employee Handbook (Policy E. 2. 00) Sexual Harassment – Employee Handbook (Policy E. 2.00) – Student Handbook (2017-2018, Sec III (M)) Therefore, Illinois Tech will provide for its students and employees an educational and employment environment free of unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communications constituting sexual harassment as defined or otherwise prohibited by state or federal law.

Sexual Harassment of Students 9/16/2013 Sexual Harassment of Students The Illinois Tech Sexual Harassment Policy and the Illinois Human Rights Act prohibit unwelcome sexual advances or requests for sexual favors made by a higher education representative to a student. Also prohibits any conduct of a sexual nature exhibited by a higher education representative toward a student when such conduct has the purpose of substantially interfering with the student’s educational performance or creating an intimidating, hostile or offensive educational environment. Illinois Tech policy prohibits sexual harassment by any member of the university. Illinois Tech policy also prohibits consensual relationships of a dating, intimate, romantic and/or sexual nature between an Illinois Tech employee and (i) Any undergraduate student; and (ii) Any graduate student when the employee is in a position, actual or apparent of power or influence over a student. (Employee Handbook – Policy E. 4.00) Violation of Illinois law and IIT policy Power imbalance

Defining Sexual Harassment? 9/16/2013 Defining Sexual Harassment? Sexual harassment is conduct or expression that is: sexual in nature unwelcome (person did not request or invite the conduct and considers it to be undesirable or offensive) impactful (denies or limits a person’s ability to participate in or benefit from a school's educational program) Someone is bothering the student

9/16/2013 Sexual Misconduct – Employee Handbook (Policy E. 3.00) – Student Handbook (2017-2018, Sec III (N)) The university is committed to providing an education and employment environment that is safe, secure and free of sexual misconduct. Human Resources will conduct educational workshops on this subject and provide prevention and referral resources to employees. Any employee who believes he/she is the victim of sexual assault should report the incident to his/her supervisor, the Title IX Coordinator, Human Resources or Public Safety and seek medical assistance. The report will be investigated promptly, thoroughly and discretely with every effort made to maintain confidentiality to the extent possible. Both handbooks are in parity

9/16/2013 Sexual Misconduct – Employee Handbook (Policy E. 3.00) – Student Handbook (2017-2018, Sec III (N)) As set forth in the Code of Conduct in the Student Handbook, IIT prohibits acts of sexual misconduct, which includes sexual assaults, domestic violence, dating violence, sexual exploitation and stalking. Consent – To determine 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. Both handbooks are in parity

Title IX Protections Title IX of the Education Amendments Acts of 1972 prohibits discrimination on the basis of sex in education programs, thus sexual harassment (form of sex discrimination) is prohibited by Title IX Protects ALL students regardless of national origin, immigration status, or citizenship status including undocumented students Protects against sexual misconduct. (Student Handbook 2017-2018, Sec. II (A)(11); Employee Handbook Policy E. 3.00) Sexual Assault Dating Violence Domestic Violence Sexual Exploitation Stalking

Title IX Duty to Act Once the university learns of an incident of sexual harassment/sexual misconduct, there is a duty upon the university to act. Even if the Complainant decides not to move forward with a complaint, the university retains the right to conduct an investigation without his/her consent. Must take any such complaint to the Dean of Students, Dean’s Designee or Title IX Coordinator.

9/16/2013 Title IX Coordinator Virginia Foster Email: foster@iit.edu Phone: 312.567.5725 Oversight of Title IX complaints Coordinate educational training Monitoring and compliance assurance Reporting I need to know about one time conduct or grievances filed in order to determine if there is a pattern of behavior that exist, training needed Notification and Education Prepare and disseminate educational material that inform the campus community of Title IX rights and responsibilities Coordinate training for students about their rights Coordinate in-service training to all employees concerning Title IX training Oversight of Title IV Complaints Timeliness of complaints received and processed Interim measures Notification to complaint of rights to pursue remedies outside of IIT grievance process Documentation Provide resources Monitoring and Compliance Assurance Monitor compliance of all requirements and time-lines specified in the grievance process Maintain grievance files Audit university harassment policy and procedures to ensure compliance Reporting Review records complied and analyze for trends or patterns Prepare annual reports on sexual harassment and present findings. Note any trends or policy/procedural changes that need to occur Develop measures to address any systemic problems

Sexual Harassment / Sexual Misconduct Conduct can be carried out by: Faculty or staff Students Third parties (visiting speaker, vendors)

Sexual Harassment / Sexual Misconduct Conduct can occur: University-sponsored program or activity University facilities Off-campus locations

Sexual Harassment / Sexual Misconduct Conduct can be: Verbal or nonverbal Physical / Violent Electronic

Sexual Harassment / Sexual Misconduct Gender does not matter: Men and women can be victims Harasser/perpetrator and victim can be of same sex

Who To Contact? Students who believe they have been subjected to sexual harassment/sexual misconduct should contact: Dean of Students • IIT Public Safety Katherine Stetz ‒ 312.808.6301 kstetz@iit.edu ‒ amarti49@iit.edu 312.567.3080 Title IX Coordinator Virginia Foster foster@iit.edu 312.567.5725

9/16/2013 Questions?

Illinois Tech Community Support Team Assist members of the community when they witness behavior that appears troubling, disconcerting or otherwise out of the ordinary

Illinois Tech Community Support Team The purpose of the Illinois Tech Community Support Team is to assist members of the Illinois Tech community when they are concerned about, or troubled by, the behavior of a student, faculty member, or staff member. We can help direct you to the appropriate person, office, or resources that you can inform of the situation and that can take action as appropriate. In the normal course, communications with the Community Support Team are confidential (we will not share your identity) and can be anonymous (we wouldn’t know your identity), although not knowing how to communicate with you may limit our ability to respond and to give you follow up information. However, there may be a situation where we believe it necessary to release confidential information to maintain the safety of the Illinois Tech Community. You can contact any member of the Illinois Tech Community Support Team by email, telephone call or written message.

Community Support Team Contacts Teresa Bursoni Assistant Director of Operations, Public Safety FH 205 312.808.63135898 tbursoni@iit.edu Arturo Martinez Director, Public Safety FH 205 312.808.6315 amarti49@iit.edu M. Ellen Mitchell Professor of Psychology 234 Life Sciences 312-567-3362 mitchelle@iit.edu

Community Support Team Contacts Anita Opdycke Associate Vise Provost for Student Health & Wellness IT Room 3D9-1 312.567.7553 aopdycke@iit.edu Antoinette Murril Associate Vice President Human Resources IIT Tower 9th Floor 312.567.3012 amurril@iit.edu Gary Walley Director, Disability Resources TS 1C3-2 312.567.5744 gwalley@hawk.iit.edu

Community Support Team Contacts 9/16/2013 Community Support Team Contacts Greg Welter Director Undergraduate Academic Affairs IT 2E9-1 312.567.3640 welter@iit.edu

9/16/2013 Questions?