Jean Madeline Aveda Institute
ANNUAL SAFETY AND SECURITY REPORT
Including Clery Act Disclosures of Campus Security Policy and Crime Statistics
Including Calendar Year 2015, 2016 and 2017 Crime Statistics
Published October 1, 2018 (Revision September 12, 2018)
To maintain compliance with Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (“Clery Act”), Higher Education Act (“HEA”) requirements, and related statutes and regulations, and in an effort to continuously promote and improve safety and security measures on campus, the Jean Madeline Aveda Institute (“Institute”) collects and publishes information regarding the Institute’s security policies, services and crime statistics. Once collected, the information is presented annually in this Annual Safety and Security Report (“Report”) to prospective and current students, faculty and staff and to the public by the Institute’s Campus Security Survey Administrator. Any questions about this report should be directed to Joan Berkery, Corp. Director of Compliance, who serves as the Campus Security Survey Administrator at (215) 238-9998 x 1121 [firstname.lastname@example.org].
I. COMPLETION AND DISSEMINATION OF THE REPORT
Prior to October 1 of each year, the Institute compiles this Report based on crime, arrest and referral information obtained from local law enforcement agencies and as reported to the Institute’s designated campus security authorities (Campus Security Survey Administrator, School Director and Title IX Coordinator). All crime statistics contained in this Report are for Clery Act reportable crimes occurring on the Institute’s campus, as defined by 34 C.F.R. § 668.46(a), and on public property, including thoroughfares, streets, sidewalks, and parking facilities, within the campus or immediately adjacent to or accessible from the campus. The Report also includes the Institute’s current policies required pursuant to 34 C.F.R. § 668.46 and the Violence Against Women Reauthorization Act of 2013 (VAWA), Pub. Law 113-4.
The Institute distributes this Report to all enrolled students and current employees via a notice by campus mail and/or electronic mail or text notifying them that the current version of the Report has been posted to the Institute’s web site at www.jeanmadeline.edu, select Safety and Security Report under the About tab where you can download the Annual security Report. (*The exact web address where the report can be found is listed below.)
A paper copy of the Report will be provided upon request by contacting Joan Berkery, Corp. Director of Compliance, who serves as the Campus Security Survey Administrator at (215) 238-9998 x 1121 [email@example.com]. The Admissions Department provides written notice to all prospective students prior to enrollment regarding the availability and location of the Report. The Human Resources Department provides all prospective employees with information regarding the availability and location of the Report. All prospective employees may receive a copy of the Report by calling the Human Resource Office at (215) 238-9998. In addition, a copy of the current Report is made available to the public on the Institute’s website as indicated above.
The crime statistics contained in this Report, as reported annually to the U.S. Secretary of Education, can also be viewed by searching the Institute’s name at http://nces.ed.gov/collegenavigator/
II. POLICIES FOR REPORTING AND RESPONDING TO CRIMES AND EMERGENCIES
A. STUDENT, FACULTY AND STAFF REPORTING PROCEDURES
1. Reporting Emergencies
“Emergency” includes any dangerous situation involving immediate threat to the health or safety of students, faculty, staff or guests occurring on or near the campus, including fire.
Upon observing or involvement in any type of emergency, students, faculty, staff and guests should
immediately notify the Institute Director or other available Institute staff for purposes of expediting the Institute’s activation of its Emergency Response and Evaluation Procedures as set forth in Section II.B.3.
2. Reporting Crimes
Crimes that should be reported to the School Director by students, faculty and staff include: criminal homicide, murder and non-negligent manslaughter, manslaughter by negligence, rape, fondling, incest, statutory rape, dating violence, domestic violence, stalking, robbery, aggravated assault, burglary, motor vehicle theft, arson, drug and alcohol violations, and illegal weapons possession. Where there is any question about whether an incident is a crime, a report should be made to the School Director for assistance in determining the nature of the incident. Witnesses or victims of crimes may report crimes on a confidential basis for inclusion in the Institute’s annual crime statistics reporting.
Upon observing or involvement in any type of crime on campus or on public property, including thoroughfares, streets, sidewalks, and parking facilities, within the campus or immediately adjacent to or accessible from the campus:
A student should immediately notify the Institute Director or the nearest available Institute faculty or staff. All Institute faculty and staff are trained to notify the Campus Security Survey Administrator or Institute Director (or his/her on-site designee) immediately of all crimes reported to them by students.
Faculty and staff should immediately notify the Institute Director or his/her on-site designee.
The Institute strongly encourages individuals to report all crimes in an accurate and timely manner to local law enforcement agencies. Upon written request, the Institute will disclose to the alleged victim of a crime of violence (as that term is defined in section 16 of title 18, United States Code), or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the Institute against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.
B. INSTITUTIONAL RESPONSE PROCEDURES
1. Response to Reports of Crime or Emergency
Upon receipt of a report of a crime or emergency, the Institute Director or his/her on-campus designee will:
Immediately assess, based on his/her own judgment or after consultation with other Institute employees, whether the situation warrants contacting 911 and/or following the emergency response and evacuation procedures contained in Section II.B.3.
Immediately assess, based on his/her own judgment and/or after consultation with other Institute employees or the local police, whether a “timely warning” to the campus community should be issued pursuant to the Timely Warning policy in Section II.B.2.
With regard to a reported incident that is or may be a sex offense, immediately contact the Institute’s Title IX Coordinator who has authority to evaluate and respond to the reported sex offense in accordance with the Institute’s Sexual Harassment and Sex Offenses Policies and Procedures contained in Section X.
For all reported crimes, the Institute Director will contact the Campus Security Survey Administrator within 24 hours of the incident to provide all available and relevant information including the date, time, location, and description of the incident.
The Institute Director will cooperate with the Campus Security Survey Administrator and/or Title IX Coordinator to investigate and gather any additional information necessary to determine whether the incident must be reported in the crime statistics contained in this Report.
2. Timely Warning of Reported Crime
In the event that a situation arises, either on or off campus, that, in the judgment of the Institute Director, constitutes an ongoing or continuing threat to students and employees, including with regard to any crime reportable pursuant to the Clery Act, a campus wide “timely warning” will be issued. Depending on the circumstances of the crime, especially in all situations that could pose an immediate threat to the students and employees, the Institute will post a warning via one or more of the following means of communication: social media, email or text message and/or verbal or written notice.
Anyone with information warranting a timely warning should report the circumstances to the Institute Director or his/her on-campus designee.
3. Emergency Response and Evacuation Procedures
In the case of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students, employees, or clients occurring on campus or on public property, including thoroughfares, streets, sidewalks, and parking facilities within the campus or immediately adjacent to or accessible from the campus, as confirmed by the Institute Director or their on-campus designee after consultation with others as appropriate, such that it is deemed necessary to close, evacuate or lock down all or portions of the Institute’s buildings, the following procedures are implemented:
The emergent situation will be assessed by the Institute Director, or in his/her absence, his/her on-site designee, in cooperation with other individuals or law enforcement as appropriate. Should the determination be made that the situation justifies total or partial closure, evacuation or lockdown of
the school, a call will immediately be made to 911. A determination will be made relative to characteristics of emergency as to what segment of the campus community must be notified and what portions of the campus will be evacuated or locked down.
In the event the building needs to be evacuated or locked down for any reason, maps of the evacuation route have been posted in each office, common areas, clinic and classroom.
The Institute will, without delay, and taking into account the safety of the students, staff, faculty, guests and the community, determine the appropriate content of the notification and initiate the emergency notification system to the appropriate segment or segments of the campus community, unless the notification will, in the professional judgment of responsible authorities, compromise efforts to assist victims or to contain, respond to, or otherwise mitigate the emergency.
The notice regarding the evacuation, closure or lockdown will be disseminated to the campus community by one or more of the following: verbal on-site announcement, activation of a fire alarm, email, text or other means appropriate to quickly notify the relevant segment of the campus community of the need to evacuate or lock down the institution. The Institute Director will notify the local police, fire or other appropriate first responder to assist with the emergency.
The procedure for disseminating emergency information to the larger community includes notice to the local police and or fire department, and, where appropriate, the local media.
The Institute tests its emergency response and evacuation procedures at least once annually on an announced or unannounced basis. When tests are conducted, the Institute publicizes its emergency response and evaluation procedures to students, faculty, and staff, including making available a copy of this policy. The Institute maintains documentation of each test exercise including date and time performed and whether announced or unannounced will be completed immediately following testing.
III. SCHOOL CLOSURES – NON-EMERGENCY
Upon a decision by the Institute Director, after consultation with other Institute officials as appropriate, to close a campus for any reason, including for weather related reasons, the Institute will use email and text message as the primary means to communicate this information to faculty, staff and students as soon as possible after the closure decision is made.
IV. POLICY STATEMENT ADDRESSING COUNSELORS AND COUNSELING SERVICES
There are no Pastoral or Professional Counselors on Campus. Crisis, Mental Health and Victim Resource Hotline numbers are posted in the student break areas as well as listed in the Student Catalog should students need to contact these agencies. Section X of this policy addresses the Institute’s policies with respect to support services and confidentiality of victims of sexual violence.
V. ACCESS POLICY, SECURITY OF CAMPUS FACILITIES, AND SECURITY CONSIDERATIONS USED IN THE MAINTENANCE OF CAMPUS FACILITIES
The Institute does not maintain residential facilities and does not have any officially recognized student organizations with non-campus locations. Campus Buildings are open to staff, faculty and/or students during business hours; UC Campus: Tuesday – Friday 8:30am to 9:45pm, Saturday 8:30am to 5:00pm.
QV Campus: Tuesday – Saturday 8:30am – 5:00pm. NMY Campus: Tuesday & Thursday 8:30am to 8:30pm, Wednesday, Friday & Saturday 8:30am to 5:00pm
During non-business hours access to each Campus is by key or fingerprint and a security code only or by admittance via a designated staff member for the purpose of staff use, maintenance or cleaning. Security cameras are posted in main areas and doorways for monitoring purposes.
VI. CAMPUS LAW ENFORCEMENT AND RELATED POLICIES
The Institute does not employ security personnel or campus police. Institute employees have no authority to arrest or detain any individual. The Institute will assist in notifying appropriate law enforcement authorities if a student requests assistance in contacting police. Students, faculty, and staff are encouraged to accurately and promptly report all crimes and public safety related incidents to the Institute, as set forth in Section II.A, and to notify local police.
If you are a victim of or witness to a crime and do not want to pursue action through the Institute’s procedures or the criminal justice system, the Institute encourages you to consider reporting the incident to the Institute Director or his/her designee for the limited purpose of permitting the Institute to include the incident in its crime statistic reporting without revealing your identity. With such information, the Institute can keep an accurate record of the number of similar incidents, determine where there is a pattern of crime with regard to a particular location, method, or assailant, and alert the campus community to potential danger. The Institute will make best efforts, to the extent permitted by law, to maintain the privacy of that information and to comply with the Family Educational Rights and Privacy Act of 1974 (FERPA). Police reports are public records under state law, the Institute cannot hold reports of crime obtained from police records in confidence. Policies with respect to victims of sexual violence are contained in Section X.
VII. SECURITY AWARENESS AND CRIME PREVENTION PROGRAMS
During new student and new employee (faculty and staff) orientations, individuals are informed of the Institute’s current security and crime prevention policies and practices as well as the protection of personal safety and prevention of crime. Such orientations may include a Power Point presentation and/or review of the policies contained in this Report and the Student Manual. The presentations include training required by Title IX of the Higher Education Act regarding preventing and responding to sexual harassment/violence, among other topics as contained in Section X. Should time be of the essence regarding security awareness, information may be released to the Campus community through the timely warning procedures contained in this Report.
VIII. POLICY ON POSSESSION, USE AND SALE OF ALCOHOLIC BEVERAGES AND ILLEGAL DRUGS
All Institute property has been designated “drug free” and the Institute is committed to full compliance with the Drug Free Workplace Act and the Drug-Free Schools and Communities Act regulations as contained in 34 C.F.R. Part 86.
Students and employees are prohibited from the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol anywhere on the Institute’s property including grounds, parking areas, anywhere within the building, or while participating in any school sponsored or school related activities. The use and abuse of alcohol and other drugs can seriously impair performance. Students or employees who violate this standard will be subject to disciplinary action up to and including expulsion or termination of employment.
As a condition of enrollment or employment, students and employees must abide by the standards contained in this policy or the Institute will take one or more of the following actions within thirty days with respect to any student or employee who violates this standard:
reporting the violation to law enforcement officials;
taking appropriate disciplinary action against such student or employee, up to and including expulsion or termination of employment; and
requiring such student or employee to participate in a substance abuse rehabilitation program approved for such purposes by a federal, state, local health, law enforcement or other appropriate agency.
The possession, sale or the furnishing of alcohol and/or illegal drugs on the Institute’s campus or during Institute sponsored activities is also governed by state and federal laws. The unauthorized possession, sale, manufacture or distribution of any controlled substance is illegal under both state and federal laws. The possession of alcohol by anyone under 21 years of age in a public place or a place open to the public is illegal under state law. The enforcement of federal and state alcohol/illegal drugs laws on-campus is the primary responsibility of the local police department and violators may be subject to arrest, criminal prosecution, fine and/or imprisonment. The Institute may refer violation of prescribed conduct to appropriate authorities for prosecution in connection with federal and state laws.
In accordance with law, the Institute conducts reviews at least biennially to determine the effectiveness of this policy to ensure consistent enforcement of applicable drug and alcohol related statutes, ordinances, and institutional policies against students and employees found to be in violation. Annual Review reports and supporting documents will be maintained by the Institute and made available upon request.
IX. ALCOHOL AND SUBSTANCE ABUSE EDUCATION
At least on an annual basis, students, faculty and staff are provided with a copy of the Institute’s Policy on Possession, Use and Sale of Alcoholic Beverages and Illegal Drugs, in Section VIII, the Institute’s alcohol and substance abuse programs, described in Section IX, health and safety concerns with drug abuse, and counseling and assistance resource information. New students, faculty and staff are provided this information during orientation. In addition, annually students are provided this information by means of the current Student Manual and material posted on campus. Current faculty and staff are provided this information during their annual review.
The Institute may also refer students, faculty or staff in violation of the Institute’s policy to substance abuse education or rehabilitation programs as a condition of continued enrollment or employment.
X. POLICY REGARDING SEXUAL HARASSMENT AND SEX OFFENSES
Jean Madeline Aveda Institute’s policy prohibits harassment or discrimination based on race, religion, creed, national origin, ethnicity, ancestry, color, sex, military or veteran status, physical or mental disability, mental condition, marital status, age, sexual orientation, gender, gender identify, or expression, genetic information or any other basis protected by federal, state or local law. Additionally, in accordance with Title IX of the Education Amendments of 1972, the Institute prohibits discrimination based on sex, which includes harassment and sexual violence, and the Institution has jurisdiction over Title IX complaints.
The Institute is committed to ensuring an educational environment free from all forms of sex discrimination, including sexual misconduct of all types. Students, faculty and staff should be aware that discrimination and/or other harassment based on sex, gender identity or sexual orientation is unacceptable. The Institute prohibits dating violence, domestic violence, sexual assault, and stalking as defined below. To fulfill its educational mission, the Institute has designated the [Title IX Coordinator] as its designated representative to coordinate the Institute’s compliance with Title IX of the Education Amendments of 1972, as amended and the Clery Act. Students, faculty or staff who feel that they have been the victim of sex harassment, sex discrimination, sexual violence or other sexual misconduct should contact the Title IX Coordinator at (215)238-9998 x 1121 – Joan Berkery, email: firstname.lastname@example.org and follow these procedures. For grievances other than those related to Title IX, students should follow the procedure outlined in the [Section 504 Internal Grievance Procedure] in the Student Manual.
It is the responsibility of all persons within the Institute to work to ensure an educational environment free from sexually violent and/or harassing behavior. All members of the Institute (student and staff) are expected to report incidents of sexual harassment, sexual violence or assault and harassment based on sexual orientation.
A. Sexual Harassment and Sexual Violence
Sexual harassment and acts of sexual violence, including sexual assault, domestic violence, dating violence and stalking are prohibited by the Institute and will not be tolerated. All members of the Institute community (students, faculty and staff) are encouraged to promptly and accurately report incidents of sexual harassment and sexual violence. This allows the Institute to quickly respond to the allegations and offer immediate support to the victim.
Allegations will be investigated promptly and thoroughly as provided by this policy, and both the victim and the accused will be afforded equitable rights during the investigative process. The Institute will include information on crimes of sexual violence in its Clery Act Annual Security Report in a manner that protects the identity of the victim.
Any student who feels that he or she is the victim of sexual harassment including sexual violence has the right to seek redress of the grievance pursuant to this policy. The Institute provides these procedures for reviewing and resolving such complaints. Substantiated accusations may result in disciplinary action against the offender, up to and including termination of the employee’s employment or the student’s enrollment. In addition, complainants who make accusations of sexual harassment in bad faith may be subject to equivalent disciplinary action.
B. Key Definitions
Sexual harassment is defined as unwelcome advances, requests for sexual favors, other verbal or physical sexual conduct, or any other offensive unequal treatment of an employee, student, or group of employees or students that would not occur except for their sex when:
1. The advances, requests or conduct have the effect of interfering with performance of duties or studies or creating an intimidating, hostile, or otherwise offensive work or academic environment.
2. Submission to such advances, requests or conduct is explicitly or implicitly a term or condition of an individual’s employment or academic achievement or advancement.
3. Submission to or rejection of such advances, requests or conduct is used as a basis for employment or academic decisions.
Sexual Harassment is a violation of Section 703 of Title VII of the Civil Rights Act of 1964 as amended in 1972, (42 U.S.C. S2000e, et. seq.), and Title IX of the Education Amendments of 1972 (20 U.S.C. 1691, et. seq.) and is punishable under both federal and state laws. Forms of sexual harassment include, but are not limited to, sexist remarks or behavior, constant offensive joking, sexual looks or advances, repeated requests for dates, unwelcome touching, promise of reward for sexual favors. Students, faculty or staff who experience sexual harassment should be encouraged to make it clear to the alleged offender that such behavior is offensive. However, failure to comply with this provision does not defeat the School’s investigation of the allegation.
Sexual violence means physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. A number of acts fall into the category, including sexual assault or harassment based on sexual orientation, domestic violence, dating violence, and stalking. Alleged sexual violence against another may also constitute a crime resulting in an additional, independent law enforcement investigation falling outside of this Grievance Policy. These acts will not be tolerated at the Institute as such acts are inappropriate and create an environment contrary to the goals and mission of the Institute. Any such acts will be thoroughly investigated and will subject an individual to appropriate disciplinary sanctions and/or possible action by appropriate law enforcement agencies.
Sexual assault includes rape, acquaintance rape, fondling, incest, and statutory rape, as well as other forms of nonconsensual sexual activity.
Domestic violence means a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, a person similarly situated to a spouse of the victim under domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or any other person against an adult or youth victim who is protected from that person’s act under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Dating violence means a violence act committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse of threat of such abuse and dating violence does not include acts covered under the definition of domestic violence.
Stalking means “engaging in a course of conduct (two or more acts including but not limited to acts in which the stalker directly, indirectly, or through third parties, or by any action, method, device or means, follows, monitors observes, surveils, threatens or communicates to or about a person or interferes with his or her property that is directed at a specific person and would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress. Reasonable persons mean a reasonable person under similar circumstances and with similar identities to the victim. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Consent means voluntary agreement to engage in sexual activity by verbal agreement or active and willing participation in sexual activity. Someone who is incapacitated or under the age of consent under state law cannot consent. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent may be withdrawn at any time. Coercion, force, or threat of either invalidates consent.
C. Reporting Sexual Offenses
Upon observing or involvement in any type of sexual misconduct on campus or on public property, including thoroughfares, streets, sidewalks, and parking facilities, within the campus or immediately adjacent to or accessible from the campus, students, faculty and staff should report the incident to the Institute’s Title IX Coordinator – Joan Berkery at (215)238-9998 Ext 1121, email – email@example.com
A report may be made to either or both the police and the Title IX Coordinator. The Title IX Coordinator is responsible for the Institute’s compliance with Title IX of the Education Amendments of 1972. In this role, the Title IX Coordinator administers the review, investigation and resolution procedures for reports of sexual misconduct. Where there is any question about whether an incident is a sex offense, a report should be made to the Institute for assistance in determining the nature of the incident.
Requests for Confidentiality: Reports about sex offenses do not have to be formal signed complaints.
The Institute is committed to protecting the confidentiality of victims and will work closely with individuals who wish to obtain confidential assistance regarding an incident of sexual misconduct and will maintain the privacy of information to the extent permitted or required by law, even if the victim does not specifically request confidentiality. A victim’s personally identifying information will not be included in any publically available recordkeeping, including Clery Act reporting and disclosures such as this Annual Security Report.
These documents are maintained in a locked file cabinet that only permitted staff has access to. Memoranda describing any formal reprimand or disciplinary action for violating this policy will be placed in a student’s permanent academic file and an employee’s permanent personnel file. In some cases, the Institute may need to disclose some information about a victim to a third party to provide necessary accommodations or protective measures. The Title IX Coordinator and the Institute Director will meet to weigh the victim’s confidentiality against the impact on the school being able to provide these necessary accommodations or protective measures. Should it be deemed necessary, they will determine what information about the victim should be disclosed and who it needs to be disclosed to. The victim will be notified regarding which information will be shared, with whom it will be shared and why prior to the Institute sharing the information.
Prohibition on Retaliation: The Institution is prohibited from retaliating against individuals who file a report regarding a sex offense.
Victims of Assault/Violence: If you are a victim of a sexual violence, your priority should be to get to a place of safety. You should then obtain any necessary medical treatment. Information about the alleged offense should be provided to the Institute’s Title IX Coordinator as soon as possible. Time is a critical factor for evidence collection and preservation. Evidence may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order.
The Institute strongly advocates that a victim of sexual assault or violence report the incident to police in a timely manner and, if requested to do by the victim, the Institute will assist the victim in contacting the police. Filing a police report will not obligate the victim to prosecute, nor will it subject the victim to scrutiny or judgmental opinions from officers. The victim is not required to contact the police in order to pursue the Grievance Procedure contained in this policy or for the Institute to conduct an independent investigation under this section. Filing a police report will:
ensure that a victim of sexual assault receives the necessary medical treatment and tests, at no expense to the victim;
provide the opportunity for collection of evidence helpful in prosecution, which cannot be obtained later (ideally a victim of sexual assault should not wash, douche, use the toilet, or change clothing prior to a medical/legal exam); and
assure the victim has access to free confidential counseling from counselors specifically trained in the area of sexual assault crisis intervention.
When a victim contacts the Police Department, the local Police Sex Crimes Unit will be notified as well. The victim may choose for the investigation to be pursued through the criminal justice system. A representative from the Institute will guide the victim through the available options and support the victim in his or her decision. Various counseling options are available through the Rape and Sexual Abuse Center and the Victim Intervention Program of the local Police Department. The Institute does not issue order of protection. A temporary protection order or a civil protection order can be obtained through the Domestic Relations Court. A protection order can also be obtained through the Municipal Court Division of the criminal court. The Institute will comply with protection orders as required by law.
D. Responding to Sex Offenses
The Institute’s Title IX Coordinator has primary responsibility for receiving, evaluating and investigating sexual misconduct reports and for maintaining accurate Clery Act crime statistics. The Title IX Coordinator is responsible for informing the Campus Security Survey Administrator within 24 hours after receiving a sex offense report for purposes of maintaining accurate Clery Act crime statistics.
Once the Title IX Coordinator receives a sex offense report, the following steps will be followed:
1. The Title IX Coordinator will immediately assess whether the information in the sex offense report warrants a timely warning and, if so, will contact the Institute Director immediately to execute that procedure.
2. The Title IX Coordinator will, within 24 hours of receipt of the report, provide the individual making the report of an alleged sex offense with:
a. a copy of this policy;
b. information on the availability of the Institute’s formal investigatory procedures (see Formal Investigatory and Disciplinary procedures below);
c. information about local victim support resources (off-campus) for victims including existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other services available to victims;
d. information on the right to report the incident to local police and the fact that the Institute procedure and criminal proceeding may occur simultaneously; and
e. options to facilitate changes to transportation, working, academic and/or living situations, if requested, while an informal or formal investigation is pending. The Institute will seek to maintain the confidentiality of the identity of the victim and any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the Institute’s ability to provide the accommodations or protective measures. These steps will be taken by the Institute regardless of whether the victim chooses to file a formal complaint.
3. Inform the complainant of their right to file a separate criminal complaint for allegations relating to sexual violence. The Institute will comply with a victim’s request for assistance in notifying authorities.
4. For incidents other than allegations of sexual violence, undertake, with permission of or at the request of the complainant, to resolve the conflict informally by informing the individual alleged to have caused the grievance that the complaint has been filed; seek to find out the facts; and, if both parties desire it, arrange a meeting to try to resolve the differences. All individuals who are involved in an investigation as the accused, accuser or witness have a duty to keep all information confidential to the extent permitted by law. Persons who violate the confidentiality rights of other individuals may be subject to disciplinary action.
In the event that an attempt at informal resolution of the problem is unsuccessful, or if the complainant or the Institute deems that informal resolution is undesirable or not permitted by law, the Title IX Coordinator will stop the informal resolution process and assist the complainant in filing of a formal complaint or self-initiate a formal investigation.
E. Formal Investigatory and Disciplinary Options
All reports of sexual violence received by the Title IX Coordinator must be resolved through this formal investigatory and disciplinary procedure. The Institute is committed to providing a fair, prompt and impartial process from investigation initiation to final result. If a victim discloses an incident but wishes to maintain confidentiality or request that no formal investigation be conducted or disciplinary action taken, the Institute must weigh that request against its obligation to maintain a safe environment. When the Institute honors the complainant’s request for confidentiality, the complainant must understand that the Institute’s ability to meaningfully investigate the incident and pursue disciplinary action against the accursed may be limited. In the case of sexual violence, the Institute may be required to formally investigate and, if appropriate, pursue disciplinary action under this policy. If the Institute determines it cannot maintain the victim’s confidentiality, it will so inform the victim prior to initiating the investigation and will, to the extent possible, share as limited information as possible in an effort to protect the victim’s identity. The Institute may not require a victim to participate in a formal investigation or hearing that it is initiated.
Any student, faculty or staff, or group of same, alleging that an act of sexual harassment or violence has taken place has the right to seek redress of the grievance by means of these formal procedures. In order to ensure availability of witnesses and fresh memories of the alleged discriminatory event, all grievances or investigations covered by these formal procedures should be filed as promptly as possible after the alleged discriminatory conduct. While informal resolution of the conflict is always open to the aggrieved party, an attempt at informal resolution is not a prerequisite to filing a formal grievance or to the Institute’s obligation to investigate a reported event.
To initiate this procedure, a student, faculty member or staff should direct a written complaint to the Title IX Coordinator that states in detail the nature of the complaint, any relevant dates, and the names of any potential witnesses, and any request for confidentiality. In a situation deemed to be an emergency by the Title IX Coordinator, the Institute will issue a Timely Warning and the individual alleged to have caused the grievance or complaint may be temporarily transferred or put on leave pending the outcome of the case. The Title IX Coordinator need not wait for the conclusion of a criminal investigation or criminal proceeding to begin an investigation where warranted.
After report of the grievance, the Title IX Coordinator will:
1. Provide the complainant with a copy of this policy and information about local victim support resources. Victims of sexual violence will be provided information about evidence preservation.
2. Provide options to facilitate changes to transportation, working, academic and/or living situations, if requested, while an informal or formal investigation is pending, including the option to issue a no-contact order.
3. Inform the complainant of their right to file a separate criminal complaint for allegations relating to sexual violence and that the Institute can assist the victim in doing so if requested.
The Title IX Coordinator will initiate an investigation within ten days of receipt of the formal grievance to determine whether there is a reasonable basis for taking action. At a minimum, this investigation will consist of interviewing the complainant, the individual alleged to have caused the grievance, and any witnesses to the conflict. Within 30 days, the Title IX Coordinator must prepare a written report recommending one of three actions:
1. Concluding that the complaint is without merit and that no further action is warranted.
2. Recommending efforts to bring about an informal resolution under this policy if warranted and permitted by law.
3. Initiation of a formal grievance hearing to evaluate possible disciplinary action against the individual alleged to have caused the grievance.
A Grievance Committee composed of the Title IX Coordinator and one other senior level management personnel who has received annual training on sexual violence and Title IX investigative procedures will be convened to review the Title IX Coordinator’s recommendations and to receive any oral or written testimony from the complainant, the individual alleged to have caused the grievance, and any relevant witnesses from both parties and any other relevant evidence. The standard of evidence used in the hearing will be “preponderance of the evidence.” Meaning that the Institute will evaluate whether it is more likely than not that the alleged conduct occurred. Both the complainant and the alleged perpetrator will be afforded equal and timely access to any information that will be used at the hearing. No party may have their lawyer present at any stage of the proceedings before the Grievance Committee but may be assisted in the process by a support person of their choice including an attorney. In all cases, the Title IX Coordinator will maintain regular communications with both the accuser and accused and provide both parties with equal opportunity to provide information, witness statements, evidence, and other information that may be necessary for the Title IX Coordinator and the Grievance Committee to fully evaluate the alleged offense. The Committee will decide:
1. Whether the complaint is without merit and that no further action is warranted.
2. What, if any, remedial action is necessary.
3. The nature, scope and timing of any proposed disciplinary action against the alleged perpetrator.
The determination of the merits of the complaint by the Grievance Committee will be final. The Institute will inform both parties simultaneously of its final determination.
The Title IX Coordinator will, barring extenuating circumstance, complete the investigation and make a determination regarding any necessary discipline of accused and remedies to accuser within 60 days of the date that the report is first received by the Title IX Coordinator.
The School Director will determine if the incident is indicative of systemic issue related to the sex offense and, if so, work with Institute staff to recommend changes to Institute policies, procedures or training to prevent re-occurrence.
Penalties: Substantiated accusations of sexual violence may result in disciplinary action against the offender, up to and including termination of the employee’s employment or the student’s enrollment. Other potential penalties include: suspension (Major Standard Violation) pending the outcome of the investigation, community service, probation, no-contact order, or violence prevention training. In case of any formal proceedings against either a student accused of violating this Policy or an employee brought before a Grievance Committee proceeding, the penalties shall be as proposed by the Grievance Committee. In addition, complainants who make accusations of sexual harassment in bad faith may be subject to equivalent disciplinary action.
Complaint Record and Notice of Outcome: All proceedings and records will be confidential to the extent permitted by law. However, both parties will be notified, in writing, concurrently about the outcome of the complaint by the Grievance Committee. Memoranda describing a reprimand will be placed into the files of any student or employee in the event disciplinary action is taken against one of the parties. At the request of the individual alleged to have caused the grievance, a memorandum recognizing a finding of non-harassment or nondiscrimination will be placed into the file of the student or employee.
F. Education and Training
In an effort to promote a safe environment and to prevent acts of sexual misconduct, the Institute engages in primary prevention, awareness, bystander intervention and risk reduction training regarding sexual violence, including dating violence, domestic violence, sexual assault and stalking. The Institute educates the student community about this policy, sexual violence prevention and related Institute policies during all orientations held for new students upon the onset of a class. The Title IX Coordinator and persons serving on the Grievance Committee will receive annual training on issues related to sexual violence. The Title IX Coordinator is responsible for training current students and all Institute faculty and staff about the Institute’s Title IX policies and conducting the new student training. The Institute also provides ongoing prevention and awareness training for current students and staff at least annually.
Bystander Intervention and Risk Reduction
All crimes, including crimes of sexual violence, can be prevented through steps by the campus community to reduce risk of being a victim of a crime and by intervening before a crime has occurred where there is a reasonable belief that a crime may occur. The Institute urges members of the campus community to take steps to reduce their changes of being a victim of a crime including by: locking doors, securing items of value, walking in pairs at night, avoiding impairment caused by alcohol or drugs and other self-protective steps. In addition, if you witness what you believe to be a situation that may lead to the commission of a crime, the Institute urges all members of the campus community to call 911 or to contact an Institute employee immediately. In addition, members of the campus community may be able to interrupt the commission of a crime of sexual violence by intervening in the situation on a potential victim’s behalf where the intervention is not likely to pose harm to the intervenor. The Institute urges all members of the campus community work together to promote a safe campus environment for everyone. The Institute includes training on bystander intervention and risk reduction in all primary and ongoing training for students and staff.
G. Additional Information
Questions regarding this policy should be directed to the Title IX Coordinator. In addition, the U.S. Department of Education Office of Civil Rights (“OCR”) investigates complaints of unlawful harassment of students in educational programs or activities. This agency may serve as a neutral fact finder and will attempt to facilitate the voluntary resolution of disputes with the parties. For more information, visit the OCR website at: http://www.hhs.gov/ocr/.
XI. POLICY STATEMENT ADDRESSING SEX OFFENDER REGISTRATION INFORMATION.
In accordance with the Campus Sex Crimes Prevention Act of 2000, the Clery Act and the Family Educational Rights and Privacy Act of 1974, the local Police Department provides a link to the PA State Police Sex Offender Registry. The Institute is required to inform students and employees about where law enforcement information provided by a State concerning registered sex offenders may be obtained. The law also requires sex offenders already required to register in a State to provide notice of each institution of higher education in that State at which the person is employed, carries a vocation, or is a student. In the State of PA, convicted sex offenders must register with the Sex Offender and Crimes Against Minors Registry maintained by the Department of State Police. The PA State Police Department is responsible for maintaining this registry. Follow the link below to access the registry: https://www.psp.pa.gov/Pages/default.aspx
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