Students accused of sexual misconduct, dating violence, domestic violence, stalking, or personal misconduct at Ivy Tech Community College (often searched as Ivy Tech or Ivy Tech CC) face a statewide community college disciplinary system that spans more than 40 locations across Indiana. With 110,710 students enrolled across regional campuses from Indianapolis, Fort Wayne, Bloomington, and Lafayette to South Bend, Evansville, Valparaiso, and Sellersburg, Ivy Tech Community College is the largest singly accredited statewide community college system in the United States. Because a suspension or expulsion imposed at one Ivy Tech campus applies across every campus in the statewide system, an allegation under the Student Equal Opportunity, Harassment, and Nondiscrimination Policy and Procedures (ASOM 9.2) or the Code of Student Rights and Responsibilities carries statewide academic and career consequences.
An Ivy Tech Title IX lawyer helps respondents navigate both the Title IX grievance process under ASOM 9.2 and the personal misconduct process under the Code of Student Rights and Responsibilities. Whether a complaint arises out of an on-campus nursing or allied health clinical rotation, a technical laboratory, dual-credit coursework, or off-campus digital communications between classmates, the rules governing advisors, evidence review, written cross-examination questions, and appeals depend on which policy track applies to the notice.
Quick Facts: Ivy Tech Community College (Ivy Tech CC) Title IX & Student Conduct
| Feature | Ivy Tech Community College Rule |
| :— | :— |
| Institution Name & Aliases | Ivy Tech Community College (Ivy Tech, Ivy Tech CC, ITCC) |
| System Footprint | Statewide across Indiana (Indianapolis, Fort Wayne, Bloomington, Lafayette, Evansville, South Bend, Lake County, Sellersburg, Muncie, Terre Haute, Columbus, Kokomo, Anderson, Marion, Richmond, Madison, Lawrenceburg, Valparaiso, Hamilton County, and additional sites) |
| Primary Sexual Misconduct Policy | Student Equal Opportunity, Harassment, and Nondiscrimination Policy and Procedures (ASOM 9.2 / ASOM 09.02.01) & Interim Harassment and Nondiscrimination Policy |
| Student Conduct Code | Code of Student Rights and Responsibilities |
| Central Oversight Office | Office of the College Title IX and Title VI Coordinator & Campus Title IX Coordinators at each regional campus (General Information: 1-888-IVY-LINE / 1-888-489-5463) |
| Standard of Proof | Preponderance of the evidence ("more likely than not") |
| Draft Report Review Window | At least 10 days to review the draft investigation report and submit a written response; final report provided at least 10 days before the scheduled hearing |
| Title IX Decision-Maker | 3-person Hearing Panel drawn from the pool, including one Chair |
| Title IX Appeal Window | 5 business days after the determination report |
| Personal Misconduct Appeal Window | 7 calendar days after receiving the Campus Student Affairs Officer’s notice |
Statewide Structure: College Title IX Coordinator vs. Campus Title IX Coordinators
Because Ivy Tech Community College operates as a unified statewide institution rather than a loose federation of independent colleges, its Title IX and student conduct structure pairs central oversight in Indianapolis with local administration on each regional campus. On its Sexual Violence Prevention page, Ivy Tech explains how those roles interact:
"The College’s Title IX Coordinator will be informed of all reports of sexual misconduct and will oversee the College’s review, investigation, and resolution of those reports to ensure the College’s compliance with Title IX, and related laws, and the effective implementation of the Student Equal Opportunity, Harassment, and Nondiscrimination Policy."
At the regional campus level:
"Each campus of the College maintains a Campus Title IX Coordinator. These individuals will be responsible for tracking and reporting to the College Title IX Coordinator all incidents of sexual misconduct in their respective regions."
Reports can be submitted through the online incident report form at ivytech.edu/incident (or inside the MyIvy student portal), to Campus Security, or to the Campus Student Affairs Officer or Campus Title IX Coordinator. Under Ivy Tech’s mandatory reporting rule set out in its published 2025 Title IX Training:
"Any College employee or student-employee acting in the scope of their employment who is not a Confidential Employee and who has reason to believe that a College student or employee has been the target of or has experienced discrimination or harassment in their employment or in the College’s education program or activity must report the behavior."
By contrast, Ivy Tech designates specific licensed mental health therapists and counselors across the state as "Confidential Employees" who are trained to offer support and keep information confidential except in cases of immediate risk of harm to the community, while reporting only non-identifying Clery Act data to the Vice President for Public Safety and Emergency Preparedness.
Jurisdiction continues even if a student stops attending
A frequent misconception among community college students is that dropping classes or transferring to a four-year university ends an Ivy Tech investigation. Under Section I of the Code of Student Rights and Responsibilities, Ivy Tech defines "student" broadly to include individuals pursuing credit coursework, non-credit classes and training programs, and applicants:
"Furthermore, a student who discontinues enrollment after allegedly violating the Code of Student Rights and Responsibilities shall be considered a student for the purposes of the conduct proceedings until such matter is resolved."
In addition, under Section IV.A of the Code, coursework completed while a conduct matter is pending remains conditional:
"Coursework performed while misconduct proceedings are underway, however, shall be considered conditional. Conditional work may be affected or eliminated based on a final finding of misconduct or sanction imposed. This may result in loss of course credit, a delay in the awarding of a credential, or revocation of a credential that was awarded prior to a final decision in the misconduct proceedings."
Title IX Sexual Harassment vs. Non-Title IX Sexual Harassment at Ivy Tech CC
Following the 2024 federal litigation and the 2025 vacatur of the 2024 federal rule, Ivy Tech’s published Title IX Training distinguishes between two tracks of prohibited conduct under its harassment and nondiscrimination framework: ITCC Title IX Sexual Harassment and ITCC Non-Title IX Sexual Harassment.
Look closely at the difference in the hostile-environment standard between the two tracks:
- ITCC Title IX Sexual Harassment covers conduct on the basis of sex or sexual in nature that is:
- Quid pro quo harassment by an employee of the College: "An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct."
- Hostile environment under the conjunctive federal threshold: "Unwelcome conduct that a reasonable person would find so severe, pervasive, AND objectively offensive that it effectively denies a person equal access to the College’s education program or activity."
- Sexual assault, dating violence, domestic violence, and stalking within the College’s education program or activity in the United States.
- ITCC Non-Title IX Sexual Harassment broadens both who can commit quid pro quo harassment and the hostile-environment threshold:
- Quid pro quo harassment by any "College community member conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct."
- Hostile environment under the disjunctive threshold: "Unwelcome conduct that a reasonable person would find so severe, pervasive, OR objectively offensive that it effectively denies a person equal access to the College’s education program or activity."
- Sexual assault (including non-consensual sexual penetration and non-consensual sexual contact), dating violence, domestic violence, and stalking under the Other Prohibited Discrimination and Harassment procedures.
Under the federal Title IX jurisdictional rule (34 CFR 106.44(a)), the Title IX Coordinator must dismiss a formal Title IX complaint if the conduct alleged would not constitute a Title IX violation even if proven, did not occur in an educational program or activity controlled by Ivy Tech, did not occur within the United States, or if the complainant was not participating or attempting to participate in an Ivy Tech program or activity at the time. However, conduct dismissed from the federal Title IX track can still be evaluated under Ivy Tech’s Non-Title IX discrimination and harassment procedures or the Code of Student Rights and Responsibilities.
How Ivy Tech Defines Consent, Incapacitation, Force, and Amnesty
In any sexual misconduct investigation at Ivy Tech Community College, the investigator and the three-person hearing panel evaluate the evidence against the specific definitions in Ivy Tech’s policy:
- Affirmative Consent: Under Ivy Tech’s published policy definitions, consent is a "Knowing, voluntary, and clear mutual agreement to engage in specific sexual activity." Furthermore, "Consent must be freely and actively given and communicated by clearly and mutually understandable words or actions to participate in each form of sexual activity."
- Withdrawal and Scope: "Consent may be withdrawn at any time." Additionally, "Consent to some sexual contact cannot be presumed to be consent for other sexual activity."
- Force and Coercion: "Consent cannot be compelled by force, threat, deception, or intimidation." Force is defined as "The use of physical violence or the threat of physical violence that causes the fear of death or serious personal injury."
- Incapacitation vs. Intoxication: Ivy Tech explicitly distinguishes alcohol or drug intoxication from incapacitation. Under the policy, "Consent cannot be given by someone who is incapacitated" and "Consent does not exist when the individual initiating the sexual activity knew or should have known of the other individual’s incapacitation." Crucially, the policy defines incapacitation as:
"Incapacitation: When an individual is unable to understand the facts, nature, extent, or implications of the situation due to drugs, alcohol, a mental disability, or being asleep or unconscious. With respect to alcohol and drugs, intoxication or impairment is not equivalent to incapacitation."
- Drug and Alcohol Amnesty: To encourage reporting, Ivy Tech’s policy includes an explicit amnesty rule:
"The College strongly encourages students to report discrimination and harassment. Accordingly, students who report discrimination or harassment pursuant to this policy will not be disciplined for drug or alcohol consumption connected with the reported discrimination or harassment."
Step-by-Step: The ASOM 9.2 Title IX Grievance Process at Ivy Tech
When a report is routed to a Campus Title IX Coordinator or the College Title IX Coordinator, the process moves through five structured stages:
1. Initial Assessment, Supportive Measures, and Emergency Removal
The Title IX Coordinator contacts the complainant for an initial assessment to discuss supportive measures and whether the complainant wishes to file a formal complaint. Under Ivy Tech’s policy:
"Supportive measures are non punitive, individualized services offered to all parties involved in a Title IX process."
Examples include counseling, extensions of deadlines or course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, and leaves of absence.
If the College considers an Emergency Removal, it cannot remove a student respondent without following strict procedural steps: it requires an individualized safety and risk assessment, may only be implemented when there is an immediate threat to physical health or safety, and the respondent must be given an opportunity to challenge the removal.
2. Notice of Investigation and Allegations & Alternative Resolution
When a formal complaint is signed by the complainant or the Title IX Coordinator, the College issues a written Notice of Investigation and Allegations. That notice must state that the respondent is presumed not responsible until a determination is made at the conclusion of the process, identify the parties and the alleged conduct with known dates and locations, explain the right to an advisor of choice, and cite the code of conduct provision regarding false statements.
Where both parties voluntarily agree and a formal complaint has been filed (except in cases where an employee is alleged to have committed sexual harassment against a student), Ivy Tech offers Alternative Resolution (informal resolution), which can include re-education/training, shared statements or shuttle mediation, restorative practices, or negotiated resolution. Either party may withdraw from Alternative Resolution and return to the formal process at any time before a resolution is completed.
3. Investigation and the Two 10-Day Evidence Review Windows
The investigation typically takes approximately 30 school days and includes party and witness interviews and the collection of documentary and electronic evidence (emails, texts, social media, and direct messages). Under Ivy Tech’s training guidelines, investigators are instructed to "Investigate to find relevant facts, not make outcome determination" and "The investigator may redact information that is not directly related to the allegation or that is privileged."
Ivy Tech provides two separate 10-day review windows before a live hearing:
- Draft Investigation Report (At Least 10 Days): "Once the draft report is completed, it must be shared with the parties and their advisors." Under the policy, "They will have at least 10 days to review the draft report and provide a written response."
- Final Investigation Report (At Least 10 Days Before Hearing): The investigator reviews the parties’ comments, updates the report, and issues the final report: "Final report is provided to parties for their review at least 10 days before the scheduled hearing" alongside a formal notice of hearing sent "10 business days prior to the hearing".
4. The Live Hearing Before a 3-Person Panel & Written Cross-Examination
For student respondents in Title IX cases, "Ivy Tech uses a hearing panel for student respondents" consisting of a 3-person panel drawn from the trained pool, with one member serving as Chair. None of the panel members may have served as the Title IX Coordinator, investigator, or advisor in the case.
Look closely at how questioning works at an Ivy Tech Title IX live hearing:
- Order of Proceedings: After opening statements by the complainant and respondent, the investigator presents a summary of contested and uncontested facts from the Final Investigation Report, followed by questioning of witnesses and parties in the order of "panel, complainant, respondent".
- Advisor Questioning & Mandatory Written Submission to the Chair: Parties are entitled to (and at the hearing must have) an advisor of choice, who may be an attorney; if a party does not have an advisor, the College provides one. While advisors conduct cross-examination on the party’s behalf, Ivy Tech enforces a specific written-submission rule for cross-examination questions:
"Questions must be submitted in writing to the Chair for a relevance determination before they are asked."
In addition, repetitious questions are prohibited, and "Questions should be framed in a manner that seeks new information or clarification."
- Right Not to Answer Questions: Ivy Tech cannot compel a party or witness to testify, and following the 2021 federal court vacatur of the former exclusion rule, the panel informs participants:
"You are not required to answer my questions. If you choose not to answer some or all of my questions, I will still consider statements you have made in making a determination of responsibility."
- Standard of Proof and Written Determination: The panel deliberates in private, decides by majority vote under the preponderance of the evidence standard ("Preponderance of the Evidence = More Likely Than Not"), and issues a written determination report within "ten (10) business days unless extension is granted."
5. Title IX Appeals (5 Business Days)
Either party may appeal a determination regarding responsibility or the dismissal of a formal complaint within 5 business days. Under Ivy Tech’s Title IX procedures, appeals are limited to three grounds:
- "Procedural irregularity affected the outcome of the matter"
- "New evidence was discovered that could affect the outcome of the matter"
- "Title IX personnel had a conflict of interest or bias that affected the outcome of the matter"
The appeal is decided by a separate appeals officer or panel that was not the decision-maker, investigator, or coordinator, and "Appeal decisions are to be deferential to original determination."
How the Code of Student Rights and Responsibilities Differs (Non-Title IX Personal Misconduct)
If an allegation is charged as personal misconduct under the Code of Student Rights and Responsibilities rather than under ASOM 9.2, both the timelines and the role of an attorney advisor change significantly:
- Calendar Days During Active Academic Terms: Under Section IV of the Code, "calendar days will be counted during active academic terms. Calendar days in-between academic terms will not be counted due to limited faculty/staff/student availability during break periods."
- Advisor Role Restricted in Non-Title IX Code Hearings: Under Section I.H and Section IV.A of the Code, "Students may have advisors, including, at their own expense, attorneys, who accompany them at any or all stages of the process. An advisor is limited to the role of advising. The advisor may not participate in the proceeding, may not question witnesses, and may not make any statements during the proceeding."
- 7-Calendar-Day Hearing Meeting Window: Under Section IV.C Step Two, after receiving written notice of personal misconduct from the Campus Student Affairs Officer, "The alleged must meet with the Campus Student Affairs Officer or a designee within seven (7) calendar days of notification unless extended by the Campus Student Affairs Officer or a designee for cause." Critically: "In the event the student accepts responsibility for the alleged violation, the student waives the right to appeal the finding of responsibility." If a student fails to attend within the specified timeframe, "a hearing shall be conducted in absentia (in their absence)."
- System-Wide Sanctions: Sanctions range from Reprimand and Warning, Reflective Activity, Administrative Withdrawal, Disciplinary Probation, and Restitution to Suspension ("for a specified time not to exceed five (5) years") and permanent Expulsion. For both Suspension and Expulsion, the sanction "applies to all campuses of the College" and requires prior notification and approval from the College’s System Office Student Conduct representative. However, under Section IV.A: "No sanctions shall become effective until after opportunities for appeal under the Code have been exhausted."
- Two-Tier Appeal Under the Code (7 Calendar Days Each):
- Step Three (Appeals Board): Within seven (7) calendar days of receiving the Campus Student Affairs Officer’s notice, the student may appeal in writing based on new information, disproportionate sanction, or failure to follow procedures. A three-member Appeals Board (one presiding officer, one faculty member, and one staff member) holds a recorded hearing and issues a written recommendation to the Campus Chancellor within seven (7) calendar days.
- Step Four (Limited Procedural Appeal to the Vice President for Student Success): Within seven (7) calendar days of receiving the Appeals Board recommendation, the student may file a written request for review with the Office of the Vice President for Student Success alleging a serious procedural error at the Appeals Board hearing.
Note also that under Section VI of the Sexual Violence Prevention policy, "Determination of physical assault, battery or forcible sex offenses will be grounds for immediate dismissal. A student may appeal these sanctions by following the appropriate appeal process."
How an Ivy Tech Title IX Lawyer Helps Student Respondents
Whether a student attends Ivy Tech Indianapolis, Fort Wayne, Bloomington, Lafayette, Evansville, South Bend, Crown Point, or takes classes online through IvyOnline, an experienced Title IX defense attorney assists at every stage:
- Identifying the Governing Track Immediately: Determining whether the notice invokes ASOM 9.2 (where an advisor participates at the live hearing and submits cross-examination questions) or the Code of Student Rights and Responsibilities (where the student must meet with the Campus Student Affairs Officer within 7 calendar days and the advisor counsels from the side).
- Protecting Clinical, Nursing, and Transfer Records: Evaluating how conditional coursework rules and disciplinary notations affect nursing, health sciences, aviation, or Guaranteed Admissions transfer pathways to four-year Indiana universities.
- Preparing the 10-Day Draft Report Response: Submitting detailed written responses, timeline charts, digital message context, and witness requests during the 10-day draft investigation report review period so favorable evidence is locked into the record before the 3-person panel receives the file.
- Drafting Written Cross-Examination Questions for the Panel Chair: Because Ivy Tech’s Title IX hearing rules require questions to be submitted in writing to the Chair for a relevance determination before they are asked, preparing precise, non-repetitious questions that satisfy the relevance standard (
"any tendency"to make a fact"of consequence""more or less probable"). - Preserving Seventh Circuit and Policy Appeal Issues: Building a clear written record of any procedural irregularities, unexplained credibility findings, or conflicts of interest within the strict 5-business-day (Title IX) or 7-calendar-day (Code) appeal deadline.
Frequently Asked Questions: Ivy Tech Community College Title IX
Does a suspension or expulsion from one Ivy Tech campus apply to other Ivy Tech campuses?
Yes. Under Section IV.C of the Code of Student Rights and Responsibilities, when a student is suspended (for up to 5 years) or expelled permanently from Ivy Tech Community College, the sanction "applies to all campuses of the College" statewide.
Can I remain silent during an Ivy Tech Title IX or student conduct hearing?
Yes. Under Section I.H of the Code of Student Rights and Responsibilities, students have the right "To not speak, answer questions, or present evidence as part of a judicial hearing. Refusal to do so is not considered an admission of wrongdoing." Similarly, at a Title IX live hearing, the panel cannot compel a party to answer questions and will still consider prior statements in the record if a party chooses not to answer some or all questions.
How are cross-examination questions asked at an Ivy Tech Title IX live hearing?
In a Title IX hearing before Ivy Tech’s 3-person hearing panel, each party must have an advisor (who may be an attorney), and "Questions must be submitted in writing to the Chair for a relevance determination before they are asked."
What is the deadline to appeal an Ivy Tech disciplinary decision?
In a Title IX proceeding under ASOM 9.2, a written appeal must be filed within 5 business days of the determination report. In a personal misconduct proceeding under the Code of Student Rights and Responsibilities, a written appeal to the Appeals Board must be submitted within seven (7) calendar days of receiving the Campus Student Affairs Officer’s notice.
More guides for Indiana schools: Indiana Title IX lawyer guides
Disclaimer
This page is general educational information, not legal advice. Reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by Ivy Tech Community College. Policies change, so confirm every deadline against your own notice and the currently posted documents, and with the Title IX office.
