1. 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

2. 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

3. 9/16/2013
Sexual Harassment – Employee Handbook (Policy E. 2.00) – Student Handbook ( , 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

4. Sexual Harassment – Employee Handbook (Policy E. 2. 00)
Sexual Harassment – Employee Handbook (Policy E. 2.00) – Student Handbook ( , 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.

5. 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

6. 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

7. 9/16/2013
Sexual Misconduct – Employee Handbook (Policy E. 3.00) – Student Handbook ( , 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

8. 9/16/2013
Sexual Misconduct – Employee Handbook (Policy E. 3.00) – Student Handbook ( , 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

9. 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 , Sec. II (A)(11); Employee Handbook Policy E. 3.00)
Sexual Assault
Dating Violence
Domestic Violence
Sexual Exploitation
Stalking

10. 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.

11. 9/16/2013
Title IX Coordinator
Virginia Foster Phone:
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

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

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

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

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

16. 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 ‒ ‒
Title IX Coordinator
Virginia Foster

17. 9/16/2013
Questions?

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

19. 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 , telephone call or written message.

20. Community Support Team Contacts
Teresa Bursoni
Assistant Director of Operations, Public Safety
FH 205
Arturo Martinez Director, Public Safety FH
M. Ellen Mitchell Professor of Psychology
234 Life Sciences

21. Community Support Team Contacts
Anita Opdycke Associate Vise Provost for Student Health & Wellness IT Room 3D
Antoinette Murril Associate Vice President Human Resources
IIT Tower 9th Floor
Gary Walley Director, Disability Resources
TS 1C3-2

22. Community Support Team Contacts
9/16/2013
Community Support Team Contacts
Greg Welter
Director
Undergraduate Academic Affairs IT 2E9-1

23. 9/16/2013
Questions?