Title IX

TENAJ SALON INSTITUTE-TITLE IX POLICY, as amended on august 11, 2020

Title IX of the “Education Amendments of 1972”

Policy Statement

It is the policy of Tenaj Salon Institute to maintain an educational and work environment that is free from all forms of unlawful harassment, including sexual harassment and sexual violence. This commitment applies to all Tenaj Salon Institute operations, programs, and activities. All students, administrators, teachers, staff, and all other Institute personnel share responsibility for avoiding, discouraging, and reporting any form of unlawful harassment. This policy applies to unlawful conduct occurring on school property, or at another location if such conduct occurs during an activity sponsored by Tenaj Salon Institute.  Further, nothing in this policy shall be construed to abridge the rights of students or Tenaj Salon Institute employees that are protected by the First Amendment to the Constitution of the United States.

Tenaj Salon Institute will vigorously enforce its prohibition against discrimination and harassment on the basis sex (including sexual orientation, transgender status, or gender identity and encourages those within the Tenaj Salon Institute community as well as third parties, who feel aggrieved to seek assistance to rectify such problems.  Tenaj Salon Institute will investigate all allegations of unlawful harassment, sexual violence or sexual misconduct; and in those cases where unlawful harassment is substantiated, Tenaj Salon Institute will take immediate steps to end the harassment, prevent its reoccurrence, and remedy its effects.  Individuals who are found to have engaged in unlawful harassment, sexual violence, or sexual misconduct will be subject to appropriate disciplinary, remedial or corrective action, up to and including immediate termination of employment (if an employee), and/or suspension or dismissal from any or all of Tenaj Salon Institute’s educational programs and activities.

Other Violations of the Title IX Policy
Tenaj Salon Institute will also take immediate steps to impose disciplinary action on individuals engaging in any of the following prohibited acts:

1. 1. Retaliating against a person who has made a report or filed a complaint alleging unlawful harassment/discrimination, or who has participated as a witness in a harassment/discrimination investigation.
   2. Filing a malicious or knowingly false report or complaint of unlawful harassment, sexual violence, sexual misconduct, or discrimination based upon sex.
   3. Disregarding, failing to investigate adequately, or delaying the investigation of allegations of unlawful harassment/discrimination, when responsibility for reporting and/or investigating unlawful harassment/discrimination charges comprises part of one’s supervisory duties.

Definitions

For purposes of this policy, the following definitions apply:

1. “Tenaj community” means students, administrators, teachers, staff, as well as representatives, agents, volunteers, contractors, or other persons subject to the control and supervision of Tenaj Salon Institute.
2. “Third parties” include, but are not limited to, guests and/or visitors on Tenaj Salon Institute property (e.g., visiting speakers, customers, vendors doing business with, or seeking to do business with Tenaj Salon Institute), and other individuals who come in contact with members of the Tenaj community at Tenaj Salon Institute events/activities (whether on or off Tenaj Salon Institute property).
3. “Sexual Harassment”- sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment may involve the behavior of a person of either gender against a person of the same or opposite gender.

Examples include, but are not limited to:

1. unwelcome sexual propositions, invitations, solicitations, and flirtations;

1. unwanted physical and/or sexual contact;

1. threats or insinuations implying that a person’s conditions of education may be adversely affected by not submitting to sexual advances;

1. unwelcome sexual verbal expressions, including graphic sexual commentaries or questions about a person’s body, dress, appearance, or sexual activities; unwelcome sexually degrading language, jokes or innuendoes; unwelcome suggestive or insulting sounds or whistles; obscene telephone calls;

1. sexually suggestive objects, pictures, videotapes, audio recordings or literature;
2. unwelcome and inappropriate touching, patting, or pinching; obscene gestures;

1. a pattern of conduct, which can be subtle in nature, that has sexual overtones and is intended to create or has the effect of creating discomfort and/or humiliation to another;

1. speculations about a person’s sexual activities or sexual history, or remarks about one’s own sexual activities or sexual history;

1. inappropriate boundary invasions into a student’s personal space and personal life; and

1. verbal, nonverbal or physical aggression, intimidation, or hostility based on sex or sex-stereotyping that does not involve conduct of a sexual nature.

4. “Sexual Violence”- Sexual violence, as used in this policy, refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age, intellectual or other disability, or use of drugs or alcohol).Sexual violence includes rape, sexual assault, sexual battery, sexual abuse, and sexual coercion; any instance of sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA). Sexual violence can be carried out by school employees, other students, or third parties. All such acts of sexual violence are forms of sexual harassment and, in turn, sex discrimination prohibited by Title IX.

Harassing conduct creates a hostile environment when it interferes with or limits a student’s ability to participate in or benefit from the school’s program. A single or isolated incident of sexual harassment or sexual violence may create a hostile environment if the incident is sufficiently severe. For example, a single instance of rape is sufficiently severe to create a hostile environment.

When Should I Contact the Title IX Coordinator?

Any student, faculty or staff member, or applicant for admission or education who has concerns about sex discrimination, harassment, sexual violence or sexual misconduct is encouraged to seek the assistance of the Title IX Coordinator. Contact the coordinator if you:

• Wish to understand your options if you think you may have encountered sex discrimination or sexual misconduct;
• Learn of a situation that you feel may warrant an investigation by Tenaj Salon Institute;
• Need help on how to handle a situation by which you are indirectly affected;
• Seek guidance on possible informal remedies or administrative measures to de-escalate or alleviate a difficult situation;
• Have questions about Tenaj Salon Institute’s policies and procedures Click here.

Title IX Coordinator:

Katie Combee (352-259-6701)

katie.combee@tenajsaloninstitute.edu

Complainants wishing to file an informal complaint without initiating the formal grievance and investigative process,  or seeking guidance on whether to file a formal complaint, should contact the Confidential Resource Officer: 

Francisca Paez (352-259-6701) 

francisca.paez@tenajsaloninstitute.edu 

The Coordinator can also facilitate a formal or informal complaint or a police report with the Sumter County Sheriff’s Department, telephone number (352) 569-1600, or other law enforcement agencies; and may pursue a formal complaint even if the Complainant declines, if the Coordinator can show it would not be unreasonable to do so.

The Coordinator is available during regular school/work hours to discuss Title IX questions, sexual violence concerns, and to assist students, other members of the Tenaj Salon Institute community, and third parties. The Coordinator shall accept sexual violence complaints directly from any members of the Tenaj Salon Institute community or a visitor to Tenaj Salon Institute, as well as those initially filed with an administrator or other employee. Upon receiving a complaint, the Coordinator or designee will discuss confidentiality issues with the complainant (and his/her parent, if the complainant is a minor), and open an investigation as described below.

Complaint and Grievance Procedures

Reporting and Complaints

A “Formal complaint” is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment/sexual violence and/or discrimination against a respondent and requesting that the school investigate the allegation of sexual harassment and requires the following:
– At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of Tenaj Salon Institute

– A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail; and by any additional method designated by Tenaj Salon Institute

– The phrase “document filed by a complainant” means a document or electronic submission (such as by e-mail or through an online portal provided for this purpose by the school) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.

– Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or a party during a grievance process, and must comply with requirements for Title IX personnel to be free from conflicts and bias.

Students and Tenaj Salon Institute employees are required, and parents, community members, and third parties are encouraged, to report sexual violence promptly to a teacher, administrator, supervisor, or other school official. Reports can be made orally or in writing, and should be as specific as possible. The person making the report shall identify the alleged victim, perpetrator(s), and witness(es), and describe in detail what occurred, including date(s), time(s), and location(s). Tenaj Salon Institute, however, will investigate and address all reports to the extent possible.

A student has a right to file criminal and/or Title IX complaints simultaneously. A student does not need to wait until the Title IX investigation is completed before filing a criminal complaint. Likewise, questions or complaints relating to sexual violence, sexual harassment, or any other Title IX concerns may also be filed with the U.S. Department of Education’s Office for Civil Rights.

Any teacher, administrator, supervisor, or other Tenaj Salon Institute employee or official who receives such a complaint shall file it with Tenaj Salon Institute’s Coordinator within two (2) school days, and shall comply with his/her mandatory reporting responsibilities (if applicable) pursuant to State law.  The Coordinator will oversee Tenaj Salon Institute’s investigation and response to any Title IX-related complaints, but in order to ensure objectivity and impartiality, s/he will delegate the investigative process to another individual (“designee”/ or “investigator”).  The Tenaj Salon Institute reserves the right to have the formal complaint investigation conducted by an external investigator in accordance with this policy.  Formal Investigations may take up to 60 days to complete, depending on the circumstances.  All timelines contained in this policy may be extended for brief periods of time upon request of either party or Tenaj Salon Institute, where necessary to ensure compliance with Title IX and fairness to both parties.

Confidentiality

Tenaj Salon Institute respects students’ privacy and will only disclose information regarding alleged sexual violence to individuals who are responsible for handling the school’s response, the student’s parents (if the student is a minor or is considered a dependent under Section 152 of the Internal Revenue Code), or as otherwise required by law.  During the course of a formal investigation, the Coordinator/designee/investigator will instruct all interviewees about the importance of maintaining confidentiality.  Interviewees will be directed not to disclose any information that s/he learns or that s/he provides during the course of the investigation to third parties.

Conversations with the Coordinator are kept as confidential as possible, but information about incidents of sexual misconduct must be shared with relevant administrators if Tenaj Salon Institute needs to take action for reasons of community safety. In all cases, Tenaj Salon Institute makes every reasonable effort to handle inquiries, complaints, and investigations in a manner that protects the privacy of all parties. While Tenaj Salon Institute cannot promise complete anonymity in its handling of sexual misconduct complaints, each situation is resolved as discreetly as possible, with information shared only with those who need to know in order to adequately investigate and resolve the matter, or as otherwise required to disclose by law.

In certain circumstances, Tenaj Salon Institute may be able to address complainant’s concerns and stop the behavior without revealing the complainant’s identity to the alleged harasser. However, this is not always possible. Individuals accused of harassment are provided with the level of detail about the allegations necessary to allow them a fair opportunity to respond. That level of detail varies depending on the circumstances of the incident. In its investigation, Tenaj Salon Institute will be sensitive to the feelings and situation of the person who reported the misconduct. Nevertheless, Tenaj Salon Institute has a compelling interest to address allegations of sexual misconduct brought to its attention. As a result, Tenaj Salon Institute reserves the right to take appropriate action, even in cases when the complainant is reluctant to proceed.

Students and/or their parents (if applicable) sometimes ask that the students’ names not be disclosed to the alleged perpetrators or that no investigation or disciplinary action be pursued to address the alleged sexual violence.  Upon such a request, the Coordinator/designee will inform the student and his/her parent that honoring the request may limit Tenaj Salon Institute’s ability to respond fully to the incident, including pursuing disciplinary action against the alleged perpetrator.  The official will also explain that Title IX includes protections against retaliation, and that school officials will not only take steps to prevent retaliation but also take strong responsive action if it occurs.

Should the student or his/her parents continue to request complete confidentiality, the Coordinator/designee will balance the student’s privacy request with Tenaj Salon Institute’s obligation to provide a safe and non-discriminatory environment for all students.  Should the official determine that Tenaj Salon Institute can honor the student’s or parent’s request and remain in compliance with its Federal and State obligations, Tenaj Salon Institute may limit its investigation and/or formal action against the alleged perpetrator.  Tenaj Salon Institute will, however, take other action to address the sexual violence.  This may include increasing monitoring and security, offering schedule changes, and conducting climate surveys.

If the Coordinator/designee determines that Tenaj Salon Institute must disclose the student/complainant’s identity to an alleged perpetrator, s/he will inform the student and his/her parents prior to disclosure.  Tenaj Salon Institute will then afford interim protection measures to the student as appropriate.

Interim Supportive Measures

During the investigation, Tenaj Salon Institute will take interim steps to facilitate the complainant’s equal access to its education programs. These steps may include, but are not limited to: (1) notifying the complainant of his/her options to avoid contact with the alleged perpetrator; (2) allowing the complainant to change his/her academic, extracurricular, transportation, dining, and working situation as appropriate; and (3 ) informing complainant of other available resources, such as counseling, legal assistance, and victim advocacy. Specific interim measures will be considered and offered on a case-by-case basis.

Investigation and Hearing

Tenaj Salon Institute is committed to investigating all sexual violence/sexual harassment complaints in an adequate, reliable, impartial, and prompt manner.  The investigator will seek to determine whether the conduct occurred, and if so, what actions the school will take to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and remedy its effects.

The investigation may include:

1. interviewing the complainant, perpetrator, and any witnesses;
2. reviewing law enforcement investigation documents;
3. reviewing student and personnel files;
4. gathering and examining other relevant documents or evidence; and
5. providing a disciplinary hearing as needed.

Tenaj Salon Institute affords both parties a balanced and fair process. Specifically, the complainant has the same rights throughout the proceeding as the alleged perpetrator. Both parties, for example, will have an equal opportunity to present relevant witnesses and other evidence at a disciplinary hearing. Likewise, Tenaj Salon Institute’s appeal process is available to both parties. Tenaj Salon Institute, however, does not require complainants to be present for the hearing or appeal. Further, Tenaj Salon Institute will not permit parties to personally question or cross-examine each other directly, and parties will instead be questioned by their representatives/advisors and may have an advisor present on their behalf, who may or may not be an attorney.

In resolving a complaint, Tenaj Salon Institute uses a clear and convincing evidence standard.  Clear and convincing proof means that the evidence presented must be highly and substantially more probable to be true than not that sexual harassment, sexual violence/misconduct, or sex discrimination occurred. There is a presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

Tenaj Salon Institute will:

1. Send written notice of any investigative interviews, meetings, or
2. Send the parties, and their advisors, evidence directly related to the allegations, in electronic format or hard copy, with at least 10 days for the parties to inspect, review, and respond to the evidence.
3. Send the parties, and their advisors, an investigative report that fairly summarizes relevant evidence, in electronic format or hard copy, with at least 10 days for the parties to respond.
4. Dismiss allegations of conduct that do not meet the definition of sexual harassment or did not occur in a school’s education program or activity against a person in the U.S. Such dismissal is only for Title IX purposes and does not preclude Tenaj Salon Institute from addressing the conduct in any manner the Tenaj Salon Institute deems appropriate.
5. Tenaj Salon Institute may also, in its discretion, dismiss a formal complaint or allegations therein if the complainant informs the Title IX Coordinator in writing that the complainant desires to withdraw the formal complaint or allegations therein, if the respondent is no longer enrolled or employed by the Tenaj Salon Institute, or if specific circumstances prevent Tenaj Salon Institute from gathering sufficient evidence to reach a
6. Tenaj Salon Institute must give the parties written notice of a dismissal (mandatory or discretionary) and the reasons for the dismissal.
7. Tenaj Salon Institute may, in its discretion, consolidate formal complaints where the allegations arise out of the same

Hearing Procedures-Tenaj Salon Institute’s Grievance Process Includes a Live Hearing

1. At a live hearing, a decision-maker(s) will be present that will not be the same person as the Coordinator or the Investigator. The decision-maker must permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging   However, in no instance shall irrelevant evidence regarding the behavior or reputation of the complainant be considered, except as it relates to issues of consent.
2. Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party
3. At the request of either party, the recipient must provide for the entire live hearing (including cross-examination) to occur with the parties located in separate rooms with technology enabling the parties to see and hear each
4. Only relevant cross-examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination or other question, the decision-maker must first determine whether the question is relevant and explain to the party’s advisor asking cross-examination questions any decision to exclude a question as not
5. If a party does not have an advisor present at the live hearing, Tenaj Salon Institute will provide, without fee or charge to that party, an advisor of the Tenaj Salon Institute’s choice who may be, but is not required to be, an attorney to conduct cross- examination on behalf of that party.
6. Tenaj Salon Institute must not use, rely on, or seek disclosure of information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.
7. If a party or witness does not submit to cross-examination at the live hearing, the decision-maker(s) must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the decision-maker(s) cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other
8. Live hearings may be conducted with all parties physically present in the same geographic location or, at Tenaj Salon Institute’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing
9. Tenaj Salon Institute will create an audio or audiovisual recording, or transcript, of any live

Appeal

Tenaj Salon Institute, in compliance with Title IX, offers both parties an appeal from a determination regarding responsibility, and from a Tenaj Salon Institute’s dismissal of a formal complaint or any allegations therein, on the following bases: procedural irregularity that affected the outcome of the matter; newly discovered evidence that could affect the outcome of the matter; and/or Title IX personnel had a conflict of interest or bias, that affected the outcome of the matter.

Remedies

Tenaj Salon Institute will provide a prompt and equitable resolution. If the investigation substantiates the complaint, Tenaj Salon Institute will take steps to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and remedy its effects. In addition to imposing disciplinary consequences on the perpetrator, Tenaj Salon Institute will consider the following individual and global remedies, on a case-by-case basis:

1. providing medical, counseling, and academic support services to the complainant and/or perpetrator;

1. re-arranging schedules at the complainant’s request;

1. affording the complainant extra time to complete or retake classes without academic penalty;

1. reviewing any disciplinary proceedings against the complainant;

1. training or retraining employees;

1. developing materials on sexual violence;
2. conducting sexual violence prevention programs; and

1. conducting climate checks.

Informal Resolution

Title IX allows Tenaj Salon Institute, in its discretion, to choose to offer and facilitate informal resolution options, such as mediation or restorative justice, so long as both parties give voluntary, informed, written consent to attempt informal resolution. Any person who facilitates an informal resolution must be well-trained.

1. A school may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to a formal investigation and adjudication of formal complaints of sexual harassment. Similarly, a school may not require the parties to participate in an informal resolution process and may not offer an informal resolution process unless a formal complaint is filed.
2. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal

An informal resolution process may not be used by Tenaj Salon Institute to resolve allegations that an employee sexually harassed a student.

Retaliation Prohibited

Title IX expressly prohibits retaliation.

1. Charging an individual with code of conduct violations that do not involve sexual harassment, but arise out of the same facts or circumstances as a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX constitutes
2. Tenaj Salon Institute will keep confidential the identity of complainants, respondents, and witnesses, except as may be permitted by FERPA, as required by law, or as necessary to carry out a Title IX
3. Complaints alleging retaliation may be filed according to a school’s prompt and equitable grievance
4. The exercise of rights protected under the First Amendment does not constitute
5. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a Title IX grievance proceeding does not constitute retaliation; however, a determination regarding responsibility, alone, is not sufficient to conclude that any party made a bad faith materially false

Retention of Investigatory Records and Materials

All individuals charged with conducting investigations under this policy must retain all information, documents, electronically stored information, and electronic media created and received as part of an investigation, including, but not limited to, complaints, responses, witness statements, documentary evidence, audio and/or video recordings, handwritten and contemporaneous notes, e-mails related to the investigation and allegations, printouts, letters, determinations, and summaries. These investigative records and materials shall be retained in accordance with applicable law.

Training

All staff will trained so they know to report harassment to appropriate Tenaj Salon Institute officials. This training will include practical information about how to identify and report sexual harassment, including sexual violence. The training will be provided to any employees likely to witness or receive complaints involving sexual harassment and/or sexual violence, including teachers, administrators, counselors, and other personnel. Further, Tenaj Salon Institute administrators responsible for investigating allegations of sexual harassment and sexual violence will be trained how to conduct such investigations and respond properly to such charges. Title IX training procedures and materials will be made available upon request. Title IX Coordinator will receive training and certification from MaxKnowledge CM140- Title IX and VAWA Training: Building Safer Campus and CM142 Understanding Title IX, VAWA and the Clery Act.

CM140 – Title IX and VAWA Training: Building Safer Campuses

This course is designed to assist personnel at all levels of an educational institution in the understanding of the provisions of Title IX of the Education Amendments of 1972 (“Title IX”), and the Clery Act as it was amended in the Violence Against Women Reauthorization Act of 2013. (“VAWA”). These laws require that all individuals in an educational institution understand and comply with the laws in terms of what is prohibited behavior in relation to sexual harassment and/or sexual violence, and what steps are to be followed when such prohibited conduct occurs. This course gives the participants information about the laws, as well as procedures to follow, to provide for the rights of all individuals under the laws. It also provides additional resources to assist educational institutions in continuing to build and strengthen their Title IX and VAWA policies, procedures and training throughout the year.

CM142 – Understanding Title IX, VAWA, and the Clery Act

This course will review Title IX, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, and the Violence Against Women Act. In addition to the background of each topic, victim rights, support system implementation, and grievance policies will also be explored. The goal of this course is to help develop a better understanding of the topic and produce tangible resources to help implement plans, strategies, and ideas at your school. In addition to lecture videos, links to resources, and assessments, you will be able to utilize the Journal and Learning Activities. Take advantage of a method that works best for you.