The Jean Madeline Aveda Institute (Institute) is committed to providing safety to all of its students, faculty and staff.
(A) Murder and non-negligent manslaughhter
(B) Negligent manslaughter
|Motor Vehicle Theft|
(A) Forcible sex offenses
(B) Non-forcible sex offenses
(C) Domestic Violence
1.(A) Arrests for liquor violations, drug violations, and illegal weapons posession
2.(B) Persons not included above who were reffered for campus disciplinary action for liquor law violations, drug law violations, and illegal weapons possession.
|Aggravated Assault||Hate Crimes|
If you have concerns, questions or need information, please contact:The Institute has assigned a specific Campus Safety Authority in which any Campus Safety and Security concerns can be reported and addressed. The Institute has a working relationship with the Local Police Department who are able to support and provide services promptly in the event of an incident. We encourage accurate and prompt reporting of all crimes to the Campus Security Authority and local police.
Joan Berkery Director/ Title IX Campus Security Authority Telephone: 215-238-9998 X 1121
Note: The Institute is not required to provide timely warnings with respect to crimes reported to a pastoral or professional counselor.
Any staff member or student violating this policy will be subject to disciplinary action up to and including termination or expulsion and referral for prosecution.
Students needing assistance may contact the below substance abuse resources:
Under Title IX, discrimination on the basis of sex can include sexual harassment and sexual violence, which includes sexual assault, domestic violence, and stalking. Any Institute that receives federal funds may be held legally responsible when it knows about or ignores sexual harassment or sexual violence in its programs or activities. The Institute can be held responsible in court whether the harassment or violence is committed by a student or staff.
On March 7, 2013, President Obama signed into federal law the Violence Against Women Reauthorization Act of 2013 (VAWA), which is aimed at improving how colleges and universities in the U.S. address sexual violence. This new law imposes obligations for Colleges and Universities to revise their policies and practices to comply with new regulations that addresses and prohibits acts of violence such as, sexual assault, domestic violence, dating violence and stalking, and it clarifies the rights of victims. The new regulations also include:
The Institute is committed to creating and maintaining a community where all individuals who participate at the Institute’s programs and activities can work and learn together in an atmosphere free of harassment, exploitation, or intimidation. Every member of the Institute should be aware that the Institute prohibits sexual harassment and sexual violence, and that such behavior violates both law and Institutional policy. The Institute will respond promptly and effectively to reports of sexual harassment and sexual violence, and will take appropriate action to prevent, to correct, and when necessary, to discipline behavior that violates this policy on Sexual Harassment and Sexual Violence. The Institute’s policy covers all members of the Institute, including students, employees, non- student or non-employee participants in the Institute’s programs. This Policy furthers the Institute's commitment to compliance with the law and to the highest standards of ethical conduct.
Sexual assault occurs when physical sexual activity is engaged without the consent of the other person or when the other person is unable to consent to the activity. The activity or conduct may include physical force, violence, threat, or intimidation, ignoring the objections of the other person, causing the other person's intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person's incapacitation (including voluntary intoxication).
Domestic violence is defined as means of any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another.
Domestic violence includes asserted violent misdemeanor or felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.
Dating violence is defined as violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.
Stalking is defined as a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others’ safety, or to suffer substantial emotional distress.
Consent is informed. Consent is an affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity.
Consent is voluntary. It must be given without coercion, force, threats, or intimidation.
Consent is revocable. Consent to some form of sexual activity does not imply consent to other forms of sexual activity. Consent to sexual activity on one occasion is not consent to engage in sexual activity on another occasion. A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of the relationship, there must be mutual consent to engage in consent is withdrawn, the sexual activity must stop immediately.
Consent cannot be given when a person is incapacitated. A person cannot consent if she/he is unconscious or coming in and out of consciousness. A person cannot consent if she/he is under the threat of violence, bodily injury or other forms of coercion. A person cannot consent if her/his understanding of the act is affected by a physical or mental impairment.
The Campus Security Authority provides a safe and confidential place for students, employees and visitors who desire information about and/or need help with issues involving sexual assault, dating/domestic violence and stalking.
The Campus Security Authority is responsible for receiving and conducting the administrative investigation of all reports of sexual assault filed on campus by students and employees, and is available to discuss options, explain Institute policies and procedures, and provide education on relevant issues.
The Campus Security Authority must receive annual training on the issues related to domestic violence, dating violence, sexual assault, stalking, and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
The Institute encourages all members (and visitors) of the Institute who experience sexual assault or other forms of interpersonal violence to report their incident. The Campus Security Authority will provide information about reporting options, psychological support and resources.
If you have concerns, questions or need information, you may contact:
Joan Berkery Director/ Title IX Campus Security Authority Telephone: 215-238-9998 X 1121
If a sex offense occurs while at the Institute, please contact the local Police Department, and report this immediately to the appointed Campus Safety Authority. The Aveda Institute will do everything possible to assist in this serious matter. If such a serious offense occurs, it is important to preserve evidence for proof of the criminal offense.
Future Professionals who are victims of sex offenses may find help from the following list or others known to the future professional:
Individuals wishing to learn additional information about registered sex offenders may go to the State Police web site at www.pameganslaw.state.pa.us
The Institute encourages all members of the campus community who experience any form of sexual violence to report such incidents to Campus Security Authority. The decision to file a report with the Police Department or any local law enforcement agency lies within the discretion of the survivor. Whether or not a survivor chooses to report the incident to law enforcement there is support and help for the survivor. The Sexual Assault Resource Services Consultant/Team or the local rape crisis center will provide information, support, and referrals to a survivor no matter what course of action she/he chooses to take. The Sexual Assault Resource Services Consultant Team will explain the options and alternatives available to the survivor including:
The Institute will provide a written explanation of available rights and options, including procedures to follow, when the Institute receives a report that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking on campus.
The written information shall include:
Please see the outlined “Investigation” details below for the procedures on how to proceed when a claim is made regarding sexual misconduct at the Aveda Institute. Please also see the subsequent forms that go along with the Investigation procedure
When an informal or formal complaint is made, the Campus Security Authority should take immediate steps to stop the alleged conflict, protect those involved and begin investigations. Under many laws Institutes are legally obligated to investigate complaints (harassment, discrimination, retaliation, safety and ethical) in a timely manner. In addition, any appropriate corrective action is required to be taken by the Institute to ensure illegal actions/behaviors cease immediately.
Responsiveness to a complaint and an investigation will not only yield the best information and evidence, but it will also enhance both the investigator’s and the Institute’s credibility. Investigations can help the Campus Security Authority identify and resolve internal problems before they become widespread. Since every complaint has the potential to become a lawsuit, Campus Security Authority’s should investigate every case in a manner in which it can be presented to a court of law, if necessary. As potentially disruptive as investigations can be, they must be prompt, thorough and effective to ensure everyone’s protection. The following steps should be taken as soon as the Campus Security Authority receives a verbal or written complaint. See enclosed sample of Incident Complaint Form.
The Campus Security Authority must protect the confidentiality of the accuser’s claims to the best of its ability. At the same time, the Campus Security Authority has to conduct a prompt and an effective investigation. Therefore, it may not be possible to keep all information gathered in the initial complaint, such as interviews and records, completely confidential. The Campus Security Authority should explain to the complaining party and all individuals involved in the investigation that all information gathered will remain confidential to the extent possible for a thorough investigation. It should also be explained that in order to conduct a prompt and effective investigation, some information will be revealed to the accused and potential witnesses, but that information will be shared only on a “need to know” basis. Have all parties sign a Confidentiality Agreement - enclosed.
One of the first considerations may be the need to take immediate measures for the protection of the accuser or the alleged victim. It may be necessary to separate the alleged victim from the accused to guard against continued harassment or retaliation. Actions such as a schedule change, transfer or leave of absence may be necessary; however, the person(s) involved should not be involuntarily transferred or burdened. These types of actions could appear to be retaliatory and result in a retaliation claim. The Campus Security Authority and the accuser must work together to arrive at an amenable solution. Campus Security Authority’s may wish to seek legal advice prior to making any decisions.
The Campus Security Authority has been selected to investigate any claims made in regards to sexual misconduct within the Institute. The Campus Security Authority should possess all of the following:
An investigation must be planned to be effective and properly executed. A complete plan should include an outline of the issue, the development of a witness list, sources for information and evidence, interview questions targeted to get crucial information and details, and a process for retention of documentation (i.e. interview notes and evidence like e-mails, etc).
The use of all available resources will assist the investigator in developing a proper plan
INTERVIEW PLAN EXAMPLE
Allow time between interviews to type up notes and adjust to new information/evidence/witnesses. The interview plan may call for conducting interviews earlier or later as needed to allow enough time to gather all the information needed, but keeps the investigation flowing as efficiently as possible. Additional time may be necessary depending on the amount of witnesses and information provided. Interview accuser (to clarify details and gather evidence and witnesses)
Write investigation report
Questions should be developed ahead of time in the planning stage, although additional questions will be added throughout the investigation as more evidence and information is shared. Good questions are relevant and designed to draw out facts without leading the interviewee; they should be open-ended to elicit as much information as possible.
Once the appropriate investigator has been selected, an investigation plan has been developed, and interview questions have been developed, interviews can be conducted. The investigator should inform all parties involved of the need for an investigation and the urgency for confidentiality, and then explain the investigation process.
The investigator should focus on being impartial and objective in order to gather and consider relevant facts. Prevention from pushing the investigation in any particular direction is imperative. The investigator should never offer any opinion or say anything to interviewees that will discredit his or her impartiality. Objectivity must be maintained with every interview.
Taking notes, looking for inconsistencies, looking for opportunities for more evidence and names of other potential witnesses should be a consideration as well. Asking the person(s) involved to write down what happened may help to find inconsistencies. There may be a disparity between what the person(s) involved are willing to write and what they told you in the interview.
Credibility determinations: Interviews provide differing accounts and even conflicting versions of the events. Be aware that the issue is very personal to the person(s) involved. Because of the personal and emotional nature of the issue, their individual perception of what happened can be clouded by personal interests or, possible termination, they may even lie. Investigators must consider the credibility of the individuals being questioned during an investigation and use techniques (i.e. inherent plausibility, ability, demeanor, motive, motive to falsify, corroboration, past behavior and past accusations) in assessing credibility.
Follow Up with Other Possible Sources of Evidence
Through the investigation, the investigator must be careful not to jump to any conclusions before all of the facts are available. Once the interviews are conducted, other necessary procedures, such as evidence collection, are completed. When any credibility issues have been resolved, the investigator will evaluate all the information for a formal recommendation. The investigator and/or member of management, as well as legal counsel, should make the final determination of any actions that are warranted based on the investigative report. The investigator must consider all of the parties involved as well as company processes, not just whether the accused is guilty, in the final determination.
In some cases, the evidence does not conclusively indicate whether or not the allegation(s) was founded or unfounded. If such a situation exists, all parties of the investigation should be notified in writing that the Institute has completed a thorough investigation but has been unable to establish either the truth or falsity of the allegation(s). However, the Institute will take appropriate steps to ensure that the persons involved understand the requirements of the Institutes policies and appropriate law, and the Institute will monitor the situation to ensure compliance in the future.
(Discussed separately, in a private meeting) Once a decision is made, the investigator should:
Notify both the accuser and the accused of the outcome simultaneously in writing. It is important to let the complainant know that the Institute took the complaint seriously and took appropriate action. Ensure the complainant agrees that he/she has been properly heard and understood, even if he or she is not in agreement with the results. Set a timeframe to follow up with the complainant to ensure there are no other issues and that he or she is settling back into the environment. Encourage communication and follow up until the complainant is comfortable again. Finally, remind all parties to preserve confidentiality.
Violation Founded. (Discussed separately, in a private meeting)
Where a violation is founded, the accuser and/or witness should be notified of the findings and that specific or corrective actions will be taken. No details about the nature or extent of disciplinary or corrective actions will be disclosed to the accuser and/or witness, unless there is a compelling reason (e.g., personal safety).
Inform the accused that a determination has been made and discuss the corrective measures that will be taken.
It is important to take immediate and appropriate corrective action. Disciplinary measures should be proportional to the seriousness of the offense. In some cases, disciplinary action may be as simple as an apology from the accused or as extreme as termination.
Examples of Disciplinary Actions:
Violation Unfounded. (Discussed separately, in a private meeting)
In this situation, all parties of the investigation should be notified that the Institute thoroughly investigated the allegation(s) and found that the evidence did not support the claim.
If operating on the premise that every investigation of a serious nature could potentially be heard and reviewed by a court, the investigator will want to consider preparing a final investigative report. Keep a clear paper trail of the evidence, such as examining documentation of previous behavior and incidents. The investigator should have a clear record of everything done, any findings as well as other steps taken during the investigation. It is also necessary to document interviews with the accused, the accuser and witnesses. Investigators should ensure their notes from interviews are as factual as possible, have as much relevant information as possible, are dated and indicate the duration and time of the interview.
The final report will summarize
The goal of the document is to ensure that if a court, jury or government agency were to review it, they would conclude that the Institute took the situation seriously, responded immediately and appropriately, and had a documented good-faith basis for any actions taken during or as a result of the investigation.
Monitor treatment of the Accuser
Ensure that he/she is not subjected to any type of retaliation by the accused or others in the Institute and that any other harm caused by the accused is corrected.
Retention of Investigative Reporting’s:
The Institute will retain records relative to the Company-initiated investigation for a period of five years, unless otherwise advised by the Human Resources Department.
I, ___________________________________________, (name) understand that I am a party to an investigation being conducted at _________________________________ (Institute) and that all information disclosed to and by me is considered confidential under the Institute’s Confidentiality Policy.
As stated in the Confidentiality Policy, internal company business is to be discussed with coworkers/classmates only an as-needed basis and is not to be disclosed to any external parties, except as authorized by company officials or as required by law to governmental authorities.
I also understand that if I make an unauthorized disclosure of information on this investigation during my employment/enrollment with _______________________________ (Institute). I will be subject to disciplinary action, including termination.
If I disclose unauthorized information on this investigation after my employment ceases with the company, I may be held liable by individuals involved in this investigation.
Agreed to by: _________________________________________ (Signature)
Printed name: ____________________ Date: _____________________________
Incident Complaint Form
Date of Event: __________________ (If more than one event, please report each event on a separate form.)
Where did the specific event occur?
How would you describe the circumstances?
Please explain the events that occurred?
Were there any witnesses to this specific event? (If yes, please provide their names)
How did you feel?
What would be your desired outcome as a result of the investigation?
_______________________________________ Name – Signature
RE: Upcoming Investigation
Please be informed that you may be contacted by ______________________ in the next week as part of a workplace investigation that is being conducted as a result of a complaint of a violation of Institutional policy.
Our Institutional policy is committed to careful and thorough investigation of any such complaints. Accordingly, we expect our employees/future professionals to cooperate to the fullest extent possible, providing accurate information as requested in the investigative process.
Please understand that due to the sensitive nature of the process, this investigation will be conducted in a manner that protects the privacy of all involved to the greatest extent possible. In order to maintain the integrity of the investigation, you are asked to refrain from discussing the investigation with your fellow employees/classmates.
If you have any questions regarding the investigative process, please feel free to contact me. Thank you for your cooperation.
This is (to notify you/confirm in writing) that you are being placed on investigatory leave in accordance with [Policy #/name)] commencing (date).
The reason you are being placed on investigatory leave is to allow the department time to review the allegation(s) that (briefly and in general terms describe the allegation).
We will be scheduling a meeting with you in order to discuss this matter. Please email me at (email address) with your current contact number(s) and any corrections to your address so that we may contact you to schedule this meeting.
This investigation will be kept as confidential as possible. You are not to contact co-workers/classmates or other potential witnesses during this leave with the exception of (your manager/HR/investigator/union rep). You are not to disclose or further discuss information regarding this investigation to others outside of (the investigator/me/HR/rep). Failure to maintain confidentiality may result in discipline up to and including termination of employment/enrollment. If you need to contact anyone regarding work issues or come to the (Department/Office of) for any reason during the period of investigatory leave, please make arrangements through (your supervisor/me/other) at (telephone number and email address). Any questions regarding this letter please direct to (name) at (phone number and/or email).
Sincerely, Name Title Company
Expected Outcome of Complainant:
Although my signature on this document does not constitute an admission of guilt, I do acknowledge that the complainant perceived my actions as being offensive. My signature on this form is my agreement that I will cease-and-desist the actions that are perceived as being offensive.
_________________________________________________________________________________ Signature of Accused Date
I am satisfied my complaint has been acknowledged and that actions taken by the respondent are satisfactory to me.
_________________________________________________________________________________ Signature of Complainant Date
Meeting with - Name: ________________________________ Investigated by – Name: _____________________________
Foundation Questions: (some may or may not apply here)
Close the Interview:
Meeting with - Name: ________________________ Investigated by - Name: ___________________________ Introduction
Foundation Questions for Witnesses:
1. Please describe any inappropriate or offensive behavior that you have experienced or witnessed. What did you see or hear? When did this occur? How often did it occur?
2. Are you aware of behavior by the accused toward the accuser or toward others in the workplace?
3. What did the accuser tell you? When did he or she tell you this?
4. Do you know if the accuser reported the concern to Administration?
5. Upon knowledge of the incident(s), did you report it to Administration?
6. Do you have any notes, physical evidence or other documentation regarding the incident(s)?
7. Do you know of any other relevant information?
8. Are there other persons who have relevant information?
Close the Interview:
Meeting with - Name: ________________________________
Investigated by - Name: ______________________________
Introduction (with a view toward finding out what happened):
Assume all documents will be seen by a jury
Close the Interview:
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