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    Indiana Tech
   
 
  Oct 22, 2017
 
 
    
2017-2018

University Policies and Information


Accreditation

Indiana Tech is accredited by the Higher Learning Commission. For more information on the Higher Learning Commission, contact the Higher Learning Commission at (800) 621-7440. The university is approved and officially recognized by the U.S. Office of Education and the U.S. State Department and is approved by the State Approval Agency for the enrollment of veterans and eligible persons. Additionally, the university is a member of the Council for Adult and Experiential Learning (CAEL) and adheres to its policies and practices.

The Higher Learning Commission
230 South LaSalle Street, Suite 7-500
Chicago, IL 60604-1411
Phone: (800) 621-7440

ACCREDITATION BOARD FOR ENGINEERING AND TECHNOLOGY (ABET): The biomedical engineering, electrical engineering and mechanical engineering degree programs are also accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology (ABET).

COMMISSION ON ACCREDITATION FOR HEALTH INFORMATICS AND INFORMATION MANAGEMENT EDUCATION (CAHIIM): Our health information technology has been accredited by the Commission on Accreditation for Health Informatics and Information Management Education (CAHIIM). CAHIIM is a Chicago-based organization that accredits higher education programs in health informatics and health information management. It is the globally recognized and trusted accreditation organization for health informatics and health information management education programs to ensure the development of a workforce that meets the challenge of an information-intensive environment and its impact on global health.

COUNCIL FOR THE ACCREDITATION FOR EDUCATION PREPAREDNESS (CAEP): The School of Education is approved under preconditions to pursue national accreditation with the Council for the Accreditation of Educator Preparation (CAEP). The national site visit for initial accreditation under CAEP will occur in Spring 2018.

GOVERNMENT REGULATIONS: The university is approved and officially recognized by the U.S. Office of Education and the U.S. State Department, and is approved by the State Approval Agency for the enrollment of veterans and eligible persons.

INTERNATIONAL ASSEMBLY FOR COLLEGIATE BUSINESS EDUCATION (IACBE): The College of Business at Indiana Tech has been awarded the status of Candidate for Accreditation by the International Assembly for Collegiate Business Education (IACBE) located at 11374 Strang Line Road in Lenexa, Kansas, USA. In granting candidacy status, the IACBE has determined that the business programs in the following degrees are eligible for accreditation:

  • Master of Business Administration with concentrations in:
    • Accounting
    • Health Care Management
    • Human Resources
    • Management
    • Marketing
  • Master of Science in Management
  • Master of Science in Organizational Leadership
  • Dual Master of Business Administration/Master of Science in Management
  • Dual Master of Business Administration/Master of Science in Engineering Management
  • Bachelor of Science in Accounting
  • Bachelor of Science in Business Administration with concentrations in:
    • Business Communications
    • Entrepreneurial Studies
    • Financial Services
    • Health Care Administration
    • Human Resources
    • Management
    • Management Information Systems
    • Marketing
    • Sport Management
  • Bachelor of Science in Fashion Marketing and Management
  • Bachelor of Science in Organizational Leadership

INDIANA DEPARTMENT OF EDUCATION: All teacher licensure programs offered within the School of Education have been reviewed the Indiana Department of Education and are approved by the Indiana State Board of Education. The School of Education is currently under preconditions for initial unit accreditation by the State Board of Education with a final site visit planned for Fall 2016.

SOCIETY FOR HUMAN RESOURCE MANAGEMENT (SHRM) HR CURRICULUM: The Society for Human Resource Management has confirmed that the curriculum taught at Indiana Tech in the Bachelor of Science in Business Administration with a concentration in human resources aligns with the recommended requirements for HR degree programs as outlined in the SHRM HR Curriculum Guidebook and Templates.

Student Information Disclaimer

While every effort has been made to provide accurate and current information, Indiana Tech reserves the right to revise, at any time and without notice, statements in this catalog concerning rules, policies, fees, curricula, courses or other matters. Indiana Tech reserves the right to revise or cancel any course, subject or program at any time because of insufficient registration or other reasons.

Enrollment at Indiana Tech is a privilege. The university reserves the right to revoke this privilege if it determines that such action is in the best interest of the university.

Non-Discrimination Policy and Compliance Statements

It has been the policy of Indiana Tech over a period of years to support measures designed to prevent discrimination against any individual student, faculty member or employee of the university for any reason.

It is the agreement of Indiana Tech with each student that enrollment signifies the student’s acceptance of the rules, regulations and procedures as found in the university catalog and student handbook. If a student cannot agree with these standards, the student is free to leave Indiana Tech. If the student enrolls at Indiana Tech, the university expects compliance with its ideals, standards and regulations. Students are expected to adopt the same non-discriminatory philosophy as the university and any practices of discrimination by a student are subject to disciplinary sanctions under the code for student life.

We admit students without regard to race, color, religion, gender, national or ethnic origin, or disability to all rights, privileges, programs and activities generally accorded or made available to students at the university. Indiana Tech does not discriminate on the basis of race, color, religion, gender, national or ethnic origin, or disability in administration of its educational policies, admissions policies, scholarships, loan programs, athletics or other university administered programs. Indiana Tech will make reasonable accommodations for qualified individuals with a disability so that such individuals can enjoy the same access to services, programs or activities as other non-disabled individuals.

Family Education Rights And Privacy Act (FERPA)
Official Notification Of Rights Under FERPA

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are:

*A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

  • The right to inspect and review the student’s education records within 45 days of the day the university receives a request for access. Students should submit to the registrar written requests that identify the record(s) they wish to inspect. The registrar will make arrangements for access and notify the student of the time and place where the records can be inspected.
  • The right to request an amendment of the student’s education record that the student believes is inaccurate or misleading. Students may ask the university to amend a record they believe is inaccurate or misleading. They should write the registrar, who is responsible for student records, clearly identifying the part of the record they want changed, and specify why it is inaccurate or misleading. If the university decides not to amend the record as requested by the student, the university will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
  • The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests.* A school official is a person employed by the university in an administrative, supervisory, academic or support staff position; a person or company with whom the university has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
  • The right to file a complaint with the U.S. Department of Education concerning alleged failure by the university to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Ave., SW
Washington, DC 20202-4605

Directory Information

FERPA further provides that certain information, designated as “public information” concerning students may be released by the university. Indiana Tech has established the following student information as public or directory information, which may be disclosed by the institution at its discretion:

  • Student name
  • Address**
  • Phone number**
  • Email address
  • Major field of study
  • Current course load/enrollment
  • Dates of attendance
  • Degrees received
  • Graduation date
  • Academic awards received
  • Sports photograph
  • Position, weight and height of athletes

**While addresses and phone numbers are legally considered directory information, Indiana Tech does not release this information on a routine basis. This information is only released to campus officials, law enforcement agencies, student loan lenders, or others who have a legitimate right to the information as determined by the registrar.

Students may request that Indiana Tech withhold the release of directory information by notifying the registrar’s office in writing.

Non-Directory Information

All students are able to complete a Non-Directory Information Release Form. In accordance with FERPA and Indiana Tech policies, the form allows students to grant third party access to parents, guardians, spouse and/or others to their educational and financial records maintained by the admissions office, registrar’s office, business office and financial aid office.

Students may not select subsections of academic records to be released. In other words, a student may not give access to billing information but not to grades. The release form will cover all non-directory information. University officials may choose to not release information without obtaining specific student permission. Release of information is not required by law.

The information on the Non-Directory Information Release Form will be referenced whenever someone contacts the university on a student’s behalf. It informs university staff on whether you want information released and to whom it may be released.

If you decide that you no longer want others to access to your records, complete a new form to cancel the release.

Civil Rights Compliance Statement

ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, SECTION 504 OF THE REHABILITATION ACT OF 1973, TITLE IX OF THE EDUCATION AMENDMENTS OF 1972 and THE AGE DISCRIMINATION ACT OF 1975

Indiana Tech assures that it will comply with:

  • Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 200d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance.
  • Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving federal financial assistance.
  • Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance.
  • The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance.
  • All regulations, guidelines and standards lawfully adopted under the above statutes by the U.S. Department of Education.

Indiana Tech also agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance, and that it is binding upon the applicant, its successors, transferees and assignees for the period during which such assistance is provided. Indiana Tech further assures that all contractors, subcontractors, sub grantees or others with whom it arranges to provide services or benefits to its students or employees in connection with its education programs or activities are not discriminating in violation of the above statutes, regulations, guidelines and standards against those students or employees.

Policy Concerning Students With Disabilities

Indiana Tech adheres to the Requirements of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, Section 504. No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the institution’s classes or facilities. Indiana Tech has made reasonable modifications in policies, practices, procedures and/or facilities when such modifications were necessary, to accommodate the needs of disabled individuals. The director of Student Support Services has been designated to coordinate compliance with the nondiscrimination and accommodation requirements of these laws.

Indiana Tech celebrates diversity by promoting independence and educational opportunities for persons with disabilities within the institution; promoting positive images of persons with disabilities within our community; promoting positive educational experiences for faculty, staff and students. The university encourages inclusive education by providing opportunities for accommodations and by facilitating services for persons with disabilities.

Disability does not equate with inability. Our mission is to provide the means for otherwise qualified students to overcome the consequences of their impairment. Our efforts are directed toward enabling students to achieve their academic goals by augmenting their existing strengths and abilities. Our intention is to coordinate the efforts of the students with those of the involved agencies to maintain the highest level of academic achievement and personal independence.

All members of the faculty and staff are required by federal law to be aware of and adhere to the basic policies and procedures pertaining to the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Questions and comments should be directed to the Director of Student Support Services.
The university will provide auxiliary aids and services* where possible to ensure that individuals with disabilities are provided the same opportunities as our students without disabilities.

If you are in need of auxiliary aids or services, please notify the director of Student Support Services. Additionally, if you believe that this policy has been violated by any employee of the university, please contact the director of Student Support Services. Complaints will be promptly acknowledged and investigated with the purpose of equitable resolution.

* “Auxiliary aids and services” includes qualified interpreters, note takers, written materials, assistive listening devices, qualified readers, taped texts, audio recordings, large print materials, acquisition or modification of equipment or devices and other similar devices and actions.

Title IX Compliance

It is the policy of Indiana Tech to comply with Title IX of the Education Amendments of 1972 which provides that no person on the basis of gender be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.  Our policies on non-discrimination and sexual misconduct, which is also covered through Title IX and the Violence Against Women Act of 1994, prohibits sexual harassment, sexual violence, stalking, and intimate partner violence against others based on gender, gender identity, gender expression, or sexual orientation. Title IX also prohibits retaliation for asserting claims of sexual discrimination.

Indiana Tech has designated Title IX coordinators listed on the website along with a complaint form to coordinate the university’s compliance with and response to inquiries concerning Title IX. Indiana Tech also provides educational programming designed to inform students about the policy, prevent occurrences, and inspire bystander intervention. These programs range from online resources, in person presentations, print materials, and general publications.

For the most updated information and the full policy on non-discrimination and sexual misconduct including how to file a report, visit the university website at safety.indianatech.edu/safety-measures/student-emergencies. A person may also file a complaint with the Department of Education’s Office for Civil Rights regarding an alleged violation of Title IX by visiting www2.ed.gov/about/offices/list/ocr/complaintintro.html or calling 800.421.3481.

University Policy on Gender-Based Sexual Misconduct

Introduction

Members of the Indiana Tech community, guests and visitors have the right to be free from all forms of gender and sex-based discrimination, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. University believes in a zero tolerance policy for gender-based misconduct.  When an allegation of misconduct is brought to an appropriate administration’s attention, and a respondent is found to have violated this policy, serious sanctions will be used to reasonably ensure that such actions are never repeated.  This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated.  This policy is intended to define community expectations and to establish a mechanism for determining when those expectations have been violated.

The university policy on sexual misconduct applies to all students and employees, regardless of sexual orientation or gender identity as well as third parties. This policy as well as additional information will be located on the university website under student emergency resources in student affairs. Students may also find more information in the Title IX compliance statement.

The university educates the student community about sexual assaults through distributed brochures and educational opportunities which may include student affairs programming, university experience classes, freshman orientation, or residence life programming. The police department offers sexual assault education and information programs to university students and employees upon request. Literature on sexual assaults, risk reduction, and university response is available through the associate vice president-student services and the university Wellness Center.

The university encourages anyone, especially men, who has the ability to intervene in the prevention of a sexual assault to do so. Speak out against abusive behavior and intervene if someone is at risk of being assaulted.

Overview of Policy Expectations With Respect to Physical Sexual Misconduct

The expectations of our community regarding sexual misconduct can be summarized as follows: In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity. Consent is sexual permission. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you want sexually and what you don’t. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence–without actions demonstrating permission–cannot be assumed to show consent.

Additionally, there is a difference between seduction and coercion. Coercing someone into sexual activity violates this policy in the same way as physically forcing someone into sex. Coercion happens when someone is pressured unreasonably for sex.

Because alcohol or other drug use can place the capacity to consent in question, sober sex is less likely to raise such questions. When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing. Under this policy, “No” always means “No,” and “Yes” may not always mean “Yes.” Anything but a clear, knowing and voluntary consent to any sexual activity is equivalent to a “no.”

Overview of Policy Expectations With Respect to Consensual Relationships

There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as teacher and student, supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of a violation of applicable sections of the faculty/staff handbooks.  The university does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the university. For the personal protection of members of this community, relationships in which power differentials are inherent (faculty-student, staff-student, administrator-student) are generally discouraged.

Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party are unethical.  Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the timely attention of their supervisor, and will likely result in the necessity to remove the employee from the supervisory or evaluative responsibilities, or shift the student out of being supervised or evaluated by someone with whom they have established a consensual relationship.  This includes RAs and students over whom they have direct responsibility.  While no relationships are prohibited by this policy, failure to self-report such relationships to a supervisor as required can result in disciplinary action for an employee.

Sexual Violence - Risk Reduction Tips

Risk reduction tips can often take a victim-blaming tone, even unintentionally.  With no intention to victim-blame, and with recognition that only those who commit sexual violence are responsible for those actions, these suggestions may nevertheless help you to reduce your risk experiencing a non-consensual sexual act.  Below, suggestions to avoid committing a non-consensual sexual act are also offered:

  • If you have limits, make them known as early as possible.
  • Tell a sexual aggressor “NO” clearly and firmly.
  • Try to remove yourself from the physical presence of a sexual aggressor.
  • Find someone nearby and ask for help.
  • Take affirmative responsibility for your alcohol intake/drug use and acknowledge that alcohol/drugs lower your sexual inhibitions and may make you vulnerable to someone who views a drunk or high person as a sexual opportunity.
  • Take care of your friends and ask that they take care of you.  A real friend will challenge you if you are about to make a mistake.  Respect them when they do.

If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner.  These suggestions may help you to reduce your risk for being accused of sexual misconduct:

  • Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you.  
  • Understand and respect personal boundaries.
  • DON’T MAKE ASSUMPTIONS about consent; about someone’s sexual availability; about whether they are attracted to you; about how far you can go or about whether they are physically and/or mentally able to consent.  If there are any questions or ambiguity then you DO NOT have consent.
  • Mixed messages from your partner are a clear indication that you should stop, defuse any sexual tension and communicate better.  You may be misreading them.  They may not have figured out how far they want to go with you yet.  You must respect the timeline for sexual behaviors with which they are comfortable.
  • Don’t take advantage of someone’s drunkenness or drugged state, even if they did it to themselves.
  • Realize that your potential partner could be intimidated by you, or fearful.  You may have a power advantage simply because of your gender or size.  Don’t abuse that power.
  • Understand that consent to some form of sexual behavior does not automatically imply consent to any other forms of sexual behavior.  
  • Silence and passivity cannot be interpreted as an indication of consent.  Read your potential partner carefully, paying attention to verbal and non-verbal communication and body language.

In campus hearings, legal terms like “guilt, “innocence” and “burdens of proof” are not applicable, but the university never assumes a student is in violation of university policy. Campus hearings are conducted to take into account the totality of all evidence available, from all relevant sources.  

The university reserves the right to take whatever legal measures it deems necessary in response to an allegation of sexual misconduct in order to protect students’ rights and personal safety. Such measures include, but are not limited to, modification of living arrangements, interim suspension from campus pending a hearing, and reporting the matter to the local police. Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the university reserves the right to impose different sanctions, ranging from verbal warning to expulsion, depending on the severity of the offense. The university will consider the concerns and rights of both the complainant and the person accused of sexual misconduct.

Sexual Misconduct Offenses Include, But Are Not Limited To:

  • Sexual Harassment
  • Non-Consensual Sexual Contact (or attempts to commit same)
  • Non-Consensual Sexual Intercourse (or attempts to commit same)
  • Sexual Exploitation

Definitions and Examples

1. Sexual Harassment

Sexual Harassment is:

  • unwelcome, gender-based verbal or physical conduct that is,
  • sufficiently severe, persistent or pervasive that it,
  • unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the university’s educational program and/or activities, and is
  • based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

Examples include: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based bullying.

2. Non-Consensual Sexual Contact

Non-Consensual Sexual Contact is:

  • any intentional sexual touching,
  • however slight,
  • with any object,
  • by a man or a woman upon a man or a woman,
  • that is without consent and/or by force.

Sexual Contact includes intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

3. Non-Consensual Sexual Intercourse

Non-Consensual Sexual Intercourse is:

  • any sexual intercourse
  • however slight,
  • with any object,
  • by a man or woman upon a man or a woman,
  • that is without consent and/or by force.

Intercourse includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

4. Sexual Exploitation

Occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.  Examples of sexual exploitation include, but are not limited to:

  • Invasion of sexual privacy;
  • Prostituting another student;
  • Non-consensual video or audio-taping of sexual activity;
  • Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
  • Engaging in voyeurism;
  • Knowingly transmitting an STI or HIV to another student;
  • Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
  • Sexually-based stalking and/or bullying may also be forms of sexual exploitation

5. Sexual Assault

The University defines sexual assault as any sexual contact, including but not limited to intercourse, which occurs without consent and/or that occurs through coercion

6. Additional Applicable Definitions:

Consent:

  • Consent is clear, knowing and voluntary.  Consent is a clear and freely given agreement for sexual contact.
  • Consent is an ongoing process - consent to kissing does not necessarily mean consent to other sexual activity.
  • Past consent does not imply future consent - everyone involved must give and receive consent to sexual activity every time, even when involved in a long-term relationship or marriage.
  • Silence or an absence of resistance does not imply consent.
  • In order for consent to exist, everyone involved must be fully conscious, aware of the situation and free of any coercion.
  • Anyone under the age of 18 is a minor and is considered not capable of giving informed consent.
  • Anyone under the influence of drugs or alcohol may be deemed as unable to give consent.
  • Consent may be withdrawn at any time.

Coercion:
Coercion is any kind of pressure or persuasion used to influence a person’s decision to engage in sexual activity. Coercion can be physical, verbal or emotional.

  • Physical coercion is the most recognizable kind of pressure and includes actions such as holding someone down or continued kissing or sexual activity even when being told “no” or being pushed away.
  • Verbal coercion includes behaviors like threats of physical violence, blackmailing, lying, name-calling or asking repeatedly for sexual involvement after being told “no.”
  • Emotional coercion is the most subtle type of pressure and includes actions like making someone feel obligated or guilty for not wanting to engage in sexual activity, using peer pressure, threatening to break up, etc.
  • Sexual assault can happen to both men and women, and both men and women can be sexual assailants. It also can happen between people of the same sex.
  • Sexual assault can occur between strangers or people who know each other, even those who are in a long-term relationship or are married.

Force:
Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent (“Have sex with me or I’ll hit you.  Okay, don’t hit me, I’ll do what you want.”).   

  • Coercion is unreasonable pressure for sexual activity.  Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.  When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.  
  • NOTE: There is no requirement that a party resists the sexual advance or request, but resistance is a clear demonstration of non-consent.  The presence of force is not demonstrated by the absence of resistance.  Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.
  • In order to give effective consent, one must be of legal age.  
  • Sexual activity with someone who one should know to be – or based on the circumstances should reasonably have known to be – mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this policy.
    • Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction).
    • This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs.  Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student is a violation of this policy. More information on these drugs can be found at 911rape.org.
  • Use of alcohol or other drugs will never function as a defense for any behavior that violates this policy.
  • The sexual orientation and/or gender identity of individuals engaging in sexual activity is not relevant to allegations under this policy.  For reference to the pertinent state statutes on sex offenses, please see rainn.org.

Sanction Statement

Risk reduction tips can often take a victim-blaming tone, even unintentionally. With no intention to victim-blame, and with recognition that only those who commit sexual violence are responsible for those actions, these suggestions may nevertheless help you to reduce your risk experiencing a non-consensual sexual act.  Below, suggestions to avoid committing a non-consensual sexual act are also offered:

  • Any student found responsible for violating the policy on Non-Consensual or Forced Sexual Contact (where no intercourse has occurred) will likely receive a sanction ranging from probation to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.*
  • Any student found responsible for violating the policy on Non-Consensual or Forced Sexual Intercourse will likely face a recommended sanction of suspension or expulsion.*
  • Any student found responsible for violating the policy on sexual exploitation or sexual harassment will likely receive a recommended sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.*

*The conduct body reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior.  Neither the initial hearing officers nor any appeals body or officer will deviate from the range of recommended sanctions unless compelling justification exists to do so.

Other Misconduct Offenses (Will Fall Under Title IX When Sex- or Gender-Based)

  1. Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person;
  2. Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of gender;
  3. Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
  4. Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the university community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy);
  5. Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment).
  6. Violence between those in an intimate relationship to each other.
  7. Stalking, defined as repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community; or the safety of any of the immediate family of members of the community.

Indiana Tech Locations

Main Campus

1600 E. Washington Blvd.
Fort Wayne, IN 46803
260.422.5561

Regional Campuses

Elkhart

3333 Middlebury St.
Elkhart, IN 46516
574.296.7075

Evansville

900 Tutor Lane, Suite 107
Evansville, IN 47715
812.909.3634

Fishers

10765 Lantern Road
Fishers, IN 46038
317.863.3450

Greenwood

65 Airport Parkway, Suite 100
Greenwood, IN 46143
317.807.0077

Huntington

2809 Commercial Road
Huntington, IN 46750
260.359.TECH (8324)

Indianapolis

3500 DePauw Blvd., Pyramid 3010
Indianapolis, IN 46268
317.466.2121

Jeffersonville

4403 Hamburg Pike
Jeffersonville, IN 47130
812.283.8001

Kendallville

Impact Institute
1607 E. Dowling Street
Kendallville, IN 46755
888.349.0250 x.254

Louisville

11855 Commonwealth Dr.
Louisville, KY 40299
502.708.2363

Mishawaka

4215 Edison Lakes Pkwy., Suite 150
Mishawaka, IN 46545
574.232.8324

Munster

9245 Calumet Ave., Suite 201
Munster, IN 46321
219.836.1910

Northern Kentucky

809 Wright’s Summit Pkwy
Fort. Wright, KY 41011
859.916.5884

Warsaw

2928 Frontage Rd.
Warsaw, IN 46580
574.268.9707

Additional Admissions Office

Wilmette, IL (Chicago area)

116 Skokie Blvd.
Wilmette, IL 60091
800.288.1766