Policy Details

Scope

1. Medium
   1. This policy applies to alleged Sexual Harassment in any medium. Sexual Harassment may manifest in many evolving forms including, but not limited to: physical, verbal, and visual, whether in person or online in any format.
2. Jurisdiction
   1. The University has a compelling obligation to address allegations and suspected instances of Sexual Harassment when it has Actual Knowledge that this policy has been violated. The University must inform the Respondent of the allegations and may take any further action it deems appropriate, including pursuing an investigation even in cases when the Claimant is reluctant to proceed. The Claimant will be notified in advance when such action is necessary.
   2. The University’s disciplinary response may be limited if the Respondent is a visitor or other third-party or is not subject to the University’s jurisdiction.
3. Location
   1. This policy applies to alleged Sexual Harassment that takes place in a University’s educational program or activity, against a person in the United States. This includes locations, events, or circumstances over which the University exercised significant control over both the Respondent and the context in which the Sexual Harassment occurred.
   2. This policy also applies to alleged Sexual Harassment that occurs off-campus, including virtual spaces, in any building owned or controlled by a Student organization that is officially recognized by the University. This includes privately owned Greek affiliated organization facilities.
   3. In situations not covered above, but where the Sexual Harassment undermines the security of the University Community or the integrity of the educational process or poses a serious threat to self or others, other applicable University procedures for general misconduct may be applied.
4. This policy is not intended for, and will not be used to, infringe on academic freedom or to censor or punish members of the University Community who exercise their legitimate First Amendment rights.
5. Policy Maintenance
   1. This policy is managed by Indiana Institute of Technology and the Title IX Coordinators.
   2. This policy and the associated procedures will be revised by Indiana Institute of Technology.

Receiving Supportive Measures

1. Members of the University Community impacted by Sexual Harassment are encouraged to use counseling and support services, listed in the Resources section.

Employees With Authority to Institute Corrective Measures

1. The University designates certain employees who have the authority to institute corrective measures on its behalf. Under this policy, their knowledge of Sexual Harassment conveys Actual Knowledge to the University.
2. The following employees have been designated by the University as having the authority to initiate corrective measure on its behalf:
   1. Title IX Coordinator(s)
   2. President of the University
   3. Vice Presidents
   4. Director of Athletics
3. When one of the above employees learns of alleged sexual harassment, that employee should contact the Title IX Coordinator in the Office of Student Affairs or Human Resources as soon as possible.
4. Employees may have additional reporting obligations provided by law and/or other University policies.
5. Corrective action may be taken against any individual who has a duty to report and who fails to respond in a manner consistent with the provisions of applicable laws, regulations, policies, and procedures

Employee Duty to Report

All University employees have reporting responsibilities to ensure the University can take appropriate action.

1. All University employees, except those exempted by legal privilege of confidentiality or expressly identified as a confidential reporter, have an obligation to report incidents of Sexual Assault. Any employee who receives a disclosure of Sexual Assault or becomes aware of information that would lead a reasonable person to believe that a Sexual Assault may have occurred involving anyone covered under this policy, must report all known information immediately.
2. In addition to the requirement of reporting incidents of Sexual Assault, the following members of the University Community have an additional obligation to report all other incidents of Sexual Harassment, when they receive a disclosure of Sexual Harassment or become aware of information that would lead a reasonable person to believe that Sexual Harassment may have occurred involving anyone covered under this policy. These individuals must report the incident within five workdays of becoming aware of such information:
   1. Executive officers
   2. Deans, directors, department heads/chairs (including those serving in assistant or associate roles)
   3. Graduate and undergraduate chairs
   4. Supervisors
   5. Faculty
   6. Advisors or coaches of University-recognized Student groups or athletic teams
   7. Any individual, whether an employee or not, who serves as a coach of a club sports team
   8. All non-student employees except those who serve in non-supervisory positions in dining services, clerical, or custodial/maintenance capacities
   9. Resident Assistants
   10. Campus Security Authorities designed by the University under the Clery Act not otherwise specified in this provision
   11. Individuals serving in any of the positions described above on an acting or interim basis.
3. Employees are not required to report disclosures of information regarding Sexual Harassment pursuant to this policy in the following circumstances, unless an individual covered under this policy is implicated or the individual is explicitly seeking assistance from the University:
   1. At public survivor support events including, but not limited to: “Take Back the Night,” candlelight vigils, protests, and survivor speak-outs;
   2. To Student-employees when they are operating outside of their official work capacity; or
   3. During an individuals’ participation as a subject in an Institutional Review Board (IRB)-approved human subjects research protocol.
4. Employees with a duty to report should refer to the chart in Reporting Allegations of Sexual Harassment. Contacting the Title IX Coordinator in the Office of Student Affairs or Human Resources to share all known information will satisfy the employee duty to report.
5. Employees may have additional reporting obligations provided by law and/or other University policies.
6. The following categories of employees are exempt from the duty to report Sexual Assault and other Sexual Harassment, due to their legal or professional privilege of confidentiality or their designation by the University as a confidential reporter:
   1. Professional and pastoral counselors
      1. A professional counselor is a person whose official responsibilities include providing mental health counseling to members of the University Community and who is functioning within the scope of that license or certification and their university employment.
         1. This definition applies even to professional counselors who are not employees of the university but are under contract to provide counseling at the university.
         2. This also includes an individual who is not yet licensed or certified as a counselor but is acting in that role under the supervision of an individual who is licensed or certified (e.g., a Ph.D. counselor-trainee acting under the supervision of a professional counselor at the university).
      2. A pastoral counselor is a person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling and is functioning within the scope of that recognition and their role at the university.
         1. In this context, a pastor or priest who is functioning as an athletic director or as a Student advocate would not be exempt from the reporting
   2. Other employees (including contracted employees) with a professional license requiring confidentiality who are functioning within the scope of that license or certification and their university employment.
      1. For example, a physician with a dual appointment as a clinician and professor would be required to report instances of Sexual Harassment of which they become aware in the scope of their employment as a professor, but must keep such information confidential and privileged if learned in the scope of their duties as a physician unless there is a mandatory reporting requirement under state law.
7. Corrective action may be taken against any individual who has a duty to report and who fails to respond in a manner consistent with the provisions of applicable laws, regulations, policies, and procedures.

Reporting Allegations of Sexual Harassment

1. Any person may report sexual harassment. As examples, this includes:
   1. Students
   2. Employees
   3. Parents
   4. Any University Community member or other individual who is directly involved in, observes, or reasonably believes that Sexual Harassment may have occurred.
2. Reports can be made to the Title IX Coordinator in the following ways:
   1. Online: www.indianatech.edu/titleix
   2. In-person: Student Affairs in Andorfer or Human Resources in Keene
   3. Mail: 1600 E. Washington Blvd. Fort Wayne, IN 46803
   4. Phone: 260-422-5561 ext. 2234 or ext. 2277
   5. Email: CMDickson@IndianaTech.edu or JAHendryx@IndianaTech.edu
3. Making a report to the University and to law enforcement are mutually exclusive events. Making a report to the University does not preclude the individual from filing a report of a crime with law enforcement nor does it extend time limits that may apply in criminal processes. Filing a report with law enforcement is not a prerequisite of making a report with the University. However, individuals may request assistance from the Title IX Coordinator or designee to notify law enforcement.
   1. University Security: 260-422-5561 ext. 2230
   2. Fort Wayne Police Department: 260-427-1222
   3. Emergencies: 911

Confidentiality and Privacy

1. The University recognizes the importance of confidentiality and privacy. See the Resources section for a list of confidential support, non-confidential support, and medical resources. Information received in connection with the reporting, investigation, and resolution of allegations will be treated as private and will only involve individuals whom the University determines are necessary to conduct an appropriate investigation, to provide assistance and resources to parties, to perform other appropriate University functions, or when the University is required to provide information under the
2. If an incident is disclosed or reported to the University and the individual requests that no investigation be conducted or disciplinary action be taken, the Title IX Coordinator or designee will explain that the University prohibits Retaliation and explain the steps the University will take to prevent and respond to Retaliation if the individual participates in a resolution process. The Title IX Coordinator or designee will evaluate the request to determine whether the University can honor the request while still providing a safe and nondiscriminatory environment.
3. A decision to proceed despite an individual’s request will be made on a case-by-case basis after an individualized review, and the Claimant will be notified if such a decision is If the University proceeds with an investigation, the Claimant is under no obligation to proceed as a part of the investigation.
4. All individuals involved in the process should observe the same standard of discretion and respect for everyone involved in the

Retaliation

1. Retaliation is prohibited by University policy and law. The University will not tolerate Retaliation in any form against any individual who makes an allegation, files a report, serves as a witness, assists a Claimant, or participates in an investigation of discrimination or
2. Retaliation is a serious violation that can subject the offender to discipline, up to and including termination of employment and/or suspension or dismissal of a Student, independent of the merits of the underlying
3. Allegations of Retaliation should be reported to the Title IX Coordinator.
4. Reports of Retaliation related to a Title IX case will be investigated as a separate case utilizing the same Title IX investigation process.

Investigation and Resolution Options

1. Initial Assessment
   1. The Title IX Coordinator reviews all reports of Sexual Harassment under this policy for an initial assessment of the reported information. The available resolution options will be guided by the availability of information or evidence suggesting that a policy violation may have occurred; the University’s obligation to investigate and provide appropriate remedies to eliminate, prevent, and address the effects of the prohibited conduct; and the desire of the Claimant to participate in an investigation or other resolution.
2. Informal Resolution
   1. Informal resolution may be utilized in some circumstances if the University deems appropriate and both parties agree to it. Informal resolutions may not be used when the respondent is an employee of the University.
3. Investigative Resolution
   1. The Title IX Coordinator may resolve a report of Sexual Harassment through investigative resolution when the alleged Sexual Harassment, if true, would be prohibited under applicable University policy. In instances when informal resolution is inappropriate, when the party requests, or when the University requires formal investigation, the University will consider the concerns and rights of all parties and provide a prompt, fair, impartial, and equitable process. This process includes the investigation, hearing, and adjudication of the outcome.

Remedies

1. When the University makes a finding of a policy violation, it will take steps, whether individual or systemic, to stop the alleged Sexual Harassment, prevent its recurrence, and remedy the discriminatory effects on the Claimant and others, as
2. Corrective Actions/Sanctions
   1. When the Respondent is a Student, potential sanctions include formal reprimand, disciplinary probation, suspension, dismissal, and other appropriate educational sanctions.
   2. When the Respondent is an employee, corrective actions may be taken pursuant to the Employee Policies and Procedures Manual, Campus Employment Guide – Students, and/or the University Code of Ethics. Disciplinary corrective actions may include coaching, development plans, reduction in supervisory duties and leadership responsibilities, changes in salary, termination, and other appropriate corrective actions.
   3. Student employees may be subject to corrective action and sanctions under Student and/or employee policies depending on the nature of the case. For instance, a Student employee who is dismissed from the university may also be subject to termination or other corrective actions.
3. Any corrective actions or sanctions will not take effect until any appeals have been completed.
4. Interim Supportive Measures
   1. Supportive measures will be made available to both the Claimant and Respondent whether or not a Formal Complaint is filed to ensure equal access to the University’s education and employment programs and activities. The Title IX Coordinator or designee will conduct an individualized assessment and will review requests from the Claimant and Respondent to determine supportive measures that are appropriate and reasonably available at no cost to the Claimant or Respondent. Supportive measures may include, but are not limited to:
      1. No contact directives
      2. Referral to campus and community resources for victim advocacy, counseling, health services, legal assistance, immigration assistance, disability services
      3. Academic support including extensions of time and other course-related adjustments
      4. Modification of work or class schedules
      5. Change in work or housing locations
      6. Change in reporting relationship
      7. Consideration of leave requests
   2. During the period of any investigation a Respondent can be put on administrative leave if they are an employee of the University. If the Respondent is a Student of the University, they may be removed from educational activities or a change in modality may be required following an individualized safety and risk analysis if it’s determined that the Respondent poses an imminent threat to the physical health or safety of anyone due to the allegations made. If a Student is removed from educational activities in this way, they have the right to challenge the determination of the safety and risk analysis.
   3. The Title IX Coordinator or designee will coordinate the provision of interim supportive measures. Parties will not be required to arrange such measures by themselves but may need to participate in communication with supervisors, faculty, and other University employees with a need to know.
   4. The University will maintain as confidential any supportive measures provided to the Claimant or Respondent to the extent that maintaining such confidentiality would not impair the ability of the University to provide the supportive measures.
5. Other Remedial Measures
   1. When the university is unable to proceed with investigative resolution, such as lack of information in the report or request by the Claimant that an investigation not move forward, the university may take other remedial measures as appropriate to remedy the effects of the alleged Sexual Harassment and/or prevent its recurrence. Remedial measures may also be implemented when it is determined that inappropriate behavior occurred, but that the behavior did not rise to the level of a policy violation.
   2. Remedial measures may include and are not limited to:
      1. Providing training on Sexual Harassment
      2. Increasing security in a designated space
      3. Changing policy or procedure
      4. Conducting climate checks.

False Allegations

1. It is a violation of this policy for anyone to make a false allegation of Sexual Harassment in bad faith. Corrective actions or sanctions may be imposed on individuals who in bad faith make false allegations of Sexual Harassment.
2. The absence of a finding of a policy violation is not equivalent to finding that the Claimant acted in bad faith.

Process Abuse

1. No member of the University Community may:
   1. Obstruct, prohibit, exert improper influence over, or interfere with any individual making a report, participating in a process, or carrying out a responsibility covered by this policy
   2. Make, in bad faith, materially false statements in or related to a process covered by this policy
   3. Disrupt or interfere with the orderly conduct of any proceeding conducted under this policy
   4. Fail to comply with any directive, sanction, or corrective action issued pursuant to this policy.

Training

1. All employees are required to take Sexual Harassment training as directed by Human Resources and the Students are also provided training opportunities covering Sexual Harassment and the university Title IX policies.