Title IX Policy

Unitech Training Academy does not discriminate on the basis of sex in any education program or activity that it operates, as required by Title IX and 34 CFR part 106. The requirement not to discriminate in education programs or activities extends to admission and employment. Inquiries about the application of Title IX and its regulations to Unitech Training Academy may be referred to the Title IX Coordinator and/or the Department of Education Office for Civil rights.

Title IX Coordinator – Heather Alleman
Vice President of Operations
227-B Bendel Road
Lafayette, LA 70503
(337) 988-4042 Office
(337) 322-0032 Cell
halleman@unitechtrainingacademy.com

Office for Civil Rights
Dallas Office
U.S. Department of Education
1999 Bryan Street, Suite 1620
Dallas, TX 75201-6810
(214) 661-9600
ocr.dallas@ed.gov

This policy defines and prohibits discrimination on the basis of sex, including sexual harassment, in education programs and activities; details how to report a violation of this policy; describes Unitech Training Academy’s resources and supportive measures to protect those involved in the process; and outlines investigation, disciplinary, and due process procedures for addressing reported violations of this policy. This policy applies to all persons who are (1) employed by, attending, or affiliated with Unitech Training Academy; (2) participating in any Unitech Training Academy program or activity, including but not limited to trustees, administrators, faculty, staff, students, independent contractors, volunteers, and guests; and/or (3) visiting a Unitech Training Academy campus or any property owned or leased by Unitech Training Academy.

Prevention

SEXUAL MISCONDUCT PREVENTION AND PROTECTION STRATEGIES

It is the responsibility of all of us to make sure South Louisiana Community College is free from sexual misconduct. The following strategies are provided to assist you in having healthy and safe sexual encounters and to avoid potentially unsafe and dangerous situations.

PREVENTION: HOW TO AVOID COMMITTING SEXUAL MISCONDUCT

If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner and yourself. These suggestions may help you avoid committing and/or being accused of sexual misconduct:

• Clearly communicate your intentions to the other person and give them a chance to clearly communicate their intentions to you.
• Listen carefully. Take time to hear what the other person has to say. If you feel you are receiving unclear or conflicting messages from the other person, you should stop, defuse any sexual tension and communicate better.
• Do not assume that you have consent to sexual activity just because someone leaves or goes to a private location with you.
• Understand and respect personal boundaries. Do not pressure a potential partner. Do not fall for the cliché: If they say “no”, they really mean “yes.” If the other person says “no” to sexual activity, believe them and stop.
• Don’t make assumptions about consent; about someone’s sexual availability; about whether they are attracted to you; about how far you can go or about whether they are physically and/or mentally able to consent. If there are any questions or ambiguity then you DO NOT have consent and you should stop and communicate.
• Don’t take advantage of someone’s drunken, drugged, or otherwise incapacitated state.
• Realize that your potential partner could be intimidated by you, or fearful. You may have a power advantage simply because of your gender, status, or size. Don’t abuse that power.
• Understand that consent to one form of sexual activity does not constitute consent for any other sexual activity.
• Silence and passivity cannot be interpreted as an indication of consent. Read the other person carefully, paying attention to verbal and non‐verbal communication and body language. If it is not clear by the other person’s words and/or actions that they are a willing participant in that specific activity then you need to stop.

PROTECTION STRATEGIES: HOW TO MITIGATE YOUR RISK

It is never your fault if someone takes sexual advantage of you but there are things you can do to mitigate the risk of someone taking advantage. These strategies are provided with no intention to victim‐blame and with recognition that only those who commit sexual violence are responsible for such conduct. These suggestions may nevertheless help you to reduce your risk of experiencing sexual violence.

• Trust your instincts. If you feel uncomfortable or unsafe about a person or situation, trust your gut and remove yourself from the situation as soon as possible.
• Be aware of your alcohol intake and/or other drug use and understand that alcohol and/or other drugs can impair your judgment and lower your sexual inhibitions. This could make you vulnerable to someone who views a drunk or high person as a sexual opportunity.
• Don’t leave your drink unattended and don’t accept drinks from someone you don’t know or trust. If you’ve left your drink alone, just get a new one.
• Know your sexual limits and make them known as early as possible in a potential intimate situation.
• If you do not want to engage in a particular activity, tell the other person “NO” clearly and firmly.
• Try to remove yourself from the physical presence of a sexual aggressor, if you can do so safely. If someone is nearby, ask for help or, if it is safe to do so, text or call someone.
• Watch out for your friends and ask that they do so for you. A real friend will step in and challenge you if they see you are in a potentially dangerous situation. Respect them when they do. If a friend seems out of it, is too intoxicated, or is acting out of character, get your friend to a safe place immediately.
• Don’t go somewhere with someone you don’t know well. If you do leave a party with a new friend, tell the friends you came with where you are going and when you are coming back.

Reporting

GENERAL REPORTING

Unitech Training Academy is committed to preventing and intervening in all forms of gender discrimination and sexual harassment, which include intimate partner violence and stalking. Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), to the Title IX Coordinator using any of the following methods:
• In person at the campus location (business hours only);
• By mail (anytime);
• By telephone (anytime);
• By electronic mail, (anytime); or
• By any other means that results in the Title IX Coordinator receiving the person’s oral or written report.

ANONYMOUS REPORTING

Any individual may make a report of Prohibited Sexual Conduct to the college without disclosing his or her name and without identifying the respondent or requesting any action. Depending on the amount of information available about the incident, or the individual’s involved, Unitech Training Academy’s ability to respond to an anonymous report may be limited.

These reports will be referred to the Title IX Coordinator.

Title IX Resources

Unitech Training Academy strives to create a safe environment for faculty, staff, and students. The Title IX resource page provides valuable relationship and sexual assault resources for each of our seven campus locations.

Know your Title IX
http://knowyourix.org/title-ix/title-ix-the-basics/

LGBTQ Sexual Violence Resources
http://www.nsvrc.org/publications/nsvrc-publications-information-packets/sexual-violence-individuals-who-identify-lgbtq

Title IX Blog
http://title-ix.blogspot.com/

Pregnant and Parenting Students
http://www2.ed.gov/about/offices/list/ocr/docs/pregnancy.pdf

Key Terms
Actual knowledge: Notice of sexual harassment or allegations of sexual harassment to Unitech Training Academy Title IX Coordinator or any official of Unitech Training Academy who has authority to institute corrective measures on behalf of Unitech Training Academy.  Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of Unitech Training Academy with actual knowledge is the respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of Unitech Training Academy.

Complainant, victim, or alleged victim: An individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Consent: Consent to engage in a sexual encounter must be given by all participating parties; must be clear, knowing, and voluntary; and may be given only by someone who is 18 years of age or older and is not mentally and/or physically incapacitated. Consent is active, not passive. Consent requires an affirmatively communicated willingness through words and/or actions to participate in sexual activity. Silence, in and of itself, may not be interpreted as consent.

        Dating Violence: as defined at 34 U.S.C. 12291(a)(10), dating violence means violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors:

(i) The length of the relationship.

(ii) The type of relationship.

(iii) The frequency of interaction between the persons involved in the relationship.

 

Discrimination: For purposes of this policy, adverse action towards Unitech Training Academy employees or students in the terms or conditions of employment; Unitech Training Academy admission or education; access to Unitech Training Academy programs, services, or activities; or other Unitech Training Academy benefits or services, on the basis of their inclusion or perceived inclusion (in the case of sexual orientation, gender identity, or gender expression) in the protected classes of sex, pregnancy, pregnancy-related conditions, sexual orientation, gender identity, or gender expression that has the effect of denying or limiting participation in a [institution] program or activity.

Domestic Violence: as defined in 34 U.S.C. 12291(a)(8), domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth (ages 11-24) victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Formal Complaint: A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that Unitech Training Academy investigate the allegation of sexual harassment. 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 Unitech Training Academy with which the formal complaint is filed.  A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information required to be listed for the Title IX Coordinator, and by any additional method designated by the Unitech Training Academy. As used in this paragraph, the phrase “document filed by a complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by Unitech Training Academy) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.

Incapacitation: An individual who is incapacitated cannot give consent to engage in a sexual encounter. Incapacitation is defined as the physical and/or mental inability to make informed, rational judgments. Factors that could be indications of incapacitation include but are not limited to mental or physical disability; lack of sleep; alcohol; illegal, date-rape, or prescription drug use; unconsciousness; blackout; or involuntary physical restraint. Being intoxicated by drugs or alcohol does not diminish one’s responsibility to obtain consent. The factors to be considered when determining whether consent was given include whether the accused knew, or whether a reasonable person should have known, that the complainant was incapacitated.

Party: Complainant or respondent.

Preponderance of evidence: The evidentiary standard used during a sexual misconduct investigation/review to determine if the allegations occurred and if a Unitech Training Academy policy violation has occurred. Preponderance of evidence means it is more likely than not, or more than 50 percent in favor, that the misconduct occurred as alleged.

Respondent: Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Retaliation: An action, performed directly or through others, that is aimed to dissuade a reasonable person from engaging in a protected activity or is done in retribution for engaging in a protected activity. Action in response to a protected activity is not retaliatory unless (1) it has a materially adverse effect on

the working, academic, or other Unitech Training Academy -related environment of an individual and (2) it would not have occurred in the absence of (but for) the protected activity. Examples of protected activities include reporting (internally or externally) a complaint of sexual harassment in good faith, assisting others in making such a report, or honestly participating as an investigator, witness, decision maker, or otherwise assisting, in an investigation or proceeding related to suspected sexual  harassment.

Sexual assault: as defined at 20 U.S.C. 1092(f)(6)(A)(v) and the uniform crime reporting system of the Federal Bureau of Investigation, sexual assault means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent; also unlawful sexual intercourse, including the following:

Rape—Any penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent

Sodomy—Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity

Sexual Assault With An Object—To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity

Fondling—The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity

Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Louisiana law.

Statutory Rape—Nonforcible sexual intercourse with a person who is under Louisiana’s statutory age of consent.

Sexual harassment: conduct on the basis of sex that satisfies one or more of the following: (1) An employee of Unitech Training Academy conditioning the provision of an aid, benefit, or service of Unitech Training Academy on an individual’s participation in unwelcome sexual conduct; (2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Unitech Training Academy education program or activity; or (3) “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).

Stalking: as defined at 34 U.S.C. 12291(a)(30), stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

Supportive Measures: Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to Unitech Training Academy’s education program or

activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or Unitech Training Academy’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. Unitech Training Academy must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of Unitech Training Academy to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

Title IX Coordinator: Unitech Training Academy must designate and authorize at least one employee to coordinate its efforts to comply with its responsibilities under Title 34 of the Code of Federal Regulations, part 106, which employee must be referred to as the “Title IX Coordinator.”

Unitech Training Academy community members: All persons employed by or affiliated with Unitech Training Academy in any way and persons participating in any Unitech Training Academy program or activity, including but not limited to advisory board members, administrators, faculty, staff, students, independent contractors, volunteers, and guests or visitors to any Unitech Training Academy campus or any property owned or leased by the Unitech Training Academy.

 

 

Title IX Training

Initial Overview and Response
ATIXA
Presented by Brett Sokolow, Scott Lewis, Kim Pacelli, Saundra Schuster, and Daniel Swinton
https://cdn.atixa.org/website-media/atixa.org/wp-content/uploads/2020/05/11155019/ATIXA-R3-Webinar-Slides_5.11.20.pdf
Available on Demand

 

Title IX Coordinator/ Investigator Training:
Rapid Response Webinar: Understanding the Final Title IX Rule and Its Impact.
NASPA – Student Affairs Administrators in Higher Education
Presented by Jill Creighton, William Kidder, and Wanda Swan
Available on Demand

 

Decision Maker Training

An Early Read on the New Title IX Regulations
Holland & Knight
Presented by Philip J. Catanzano and Jeffrey Nolan
https://www.hklaw.com/en/insights/media-entities/2020/05/understanding-the-newly-released-title-ix-regulations
Available on demand

 

Confidential Advisors – Response Team

Louisiana Board of Regents LaSafe

Louisiana Sexual Assault Free Environment Project

Confidential Advisors Training Modules

https://regents.la.gov/divisions/legal-external-affairs/la-safe/louisiana-sexual-assault-free-environment-project/

Available on Demand

 

U.S. Department of Education Title IX Webinars:

The First Amendment and Title IX: An OCR Short Webinar

OCR Short Webinar on How to Report Sexual Harassment under Title IX

Conducting and Adjudicating Title IX Hearings: An OCR Training Webinar

OCR Webinar on Due Process Protections under the New Title IX Regulations

OCR Webinar on New Title IX Protections Against Sexual Assault

OCR Webinar: Title IX Regulations Addressing Sexual Harassment

OCR Short Webinar on Sexual Violence in Public Schools