TITLE IX POLICY
Title IX of the Education Amendments of 1972 (hereinafter known as Title IX) is a federal law that prohibits discrimination on the basis of sex in federally funded education programs. The objective of Title IX is to ensure that federal money not be used to support sex discrimination in educational programs and provide citizens with effective protections against such practices. Title IX protects students, employees, applicants for admission or employment, and others from all forms of sex discrimination, including discrimination based on gender identity or gender nonconformity.
I. POLICY STATEMENT
Yo San University is committed to providing an environment free from all forms of sexual misconduct, including sexual and gender-based harassment, sexual assault, and sexual exploitation. The University does not discriminate on the basis of sexual orientation, gender identity, gender expression, or any other category protected by applicable law, in the administration of its educational policies, admission policies, or employment practices.
The University also prohibits retaliation against any individual for reporting conduct prohibited in this policy or for participating in an investigation of an alleged violation of this policy. The University’s Title IX Compliance Policy applies to the entire University community, including students, faculty, clinic staff, administrative staff, and any person employed or contracted by the University. This includes contractors, vendors, and other third parties, as well as visitors or guests of the University. This policy pertains to conduct that occurs on the University premises and/or conduct that occurs in the context of University employment, education, or research.
II. TITLE IX COORDINATOR
The Title IX Coordinator (hereinafter the Coordinator) is responsible for monitoring compliance with Title IX; overseeing the implementation and administration of the University’s procedures for resolving Title IX complaints; providing education and training to the University community on how to file a complaint; investigating complaints and working with law enforcement when necessary; tracking and reporting annually on all incidents in violation with this policy; and ensuring that all complaints are resolved promptly and appropriately. The Coordinator also manages the University’s response to all complaints involving possible sex discrimination to track outcomes, identify patterns, and evaluate effects on the campus climate.
Title IX Coordinator: Sean Gates
Office of Student Affairs
Yo San University
13315 W. Washington Blvd.
Los Angeles, CA 90066
T: 310-577-3000 ext. 116,
E: [email protected]
III. CONDUCT PROHIBITED UNDER THIS POLICY
Sexual Harassment is any unwelcome conduct of a sexual nature, including sexual advances, requests for sexual favors, or other visual, verbal, or physical conduct of a sexual nature when one or more of the following conditions is present:
- Submission to or rejection of such conduct is used as a basis for decisions affecting an individual’s employment or advancement in employment, evaluation of academic work or advancement in an academic program, or basis for participation in any aspect of a University activity.
- Such conduct has the effect of unreasonably interfering with an individual’s learning, working, or living environment, or creates an intimidating, hostile, or offensive environment.
Gender-Based Harassment includes harassment based on sex, gender, sexual orientation, gender identity, or gender expression, which includes acts of hostility or intimidation, whether visual, verbal, physical, or otherwise.
Sexual Assault is any non-consensual physical contact of a sexual nature perpetrated against a person’s will, or when a person is incapable of giving consent (due to the person’s age, use of drugs or alcohol, or intellectual or other disability). Sexual contact includes:
- Sexual intercourse (anal, oral, or vaginal), including penetration with a body part or an object, or requiring another to penetrate himself or herself with a body part or object
- Sexual touching, including but not limited to, intentional contact with the breasts, buttocks, groin, genitals, or other intimate part of the body
Sexual Exploitation is the purposeful and non-consensual taking sexual advantage of another person. Examples include the following:
- Voyeurism, such as watching, taking pictures, or recording another person in a state of undress or engaging in a sexual act without consent
- Disseminating pictures or video of another in a state of undress or of a sexual nature without consent
- Prostituting another individual
- Knowingly exposing another individual to a sexually transmitted disease without the other individual’s consent
Stalking is the engaging in a course of conduct directed at a specific person that would cause a reasonable person to suffer substantial emotional distress, or fear for his or her own safety, or the safety of others.
Retaliation is strictly prohibited and is defined as action taken against a participant in the complaint process that negatively affects the individual’s employment or academic status, and is motivated in whole or in part by the individual’s participation, or lack thereof, in the complaint process.
IV. COMPLAINT PROCEDURE
Any student, faculty, staff member, or other individual may consult with the Coordinator, or a member of the administrative staff, to discuss issues related to sexual or other misconduct, whether or not misconduct has occurred, or the degree of involvement of the person seeking information. If there is an expressed desire that the consultation be confidential, this can usually be achieved when individuals discuss concerns about misconduct without providing the identities of those involved. The level of confidentiality depends on what legal protections are necessary to preserve the safety of the campus community.
To ensure a prompt and thorough investigation, complainants are asked to provide as much of the following information as possible:
- The name, department, and position of the person(s) allegedly causing the discrimination, harassment, or retaliation
- A description of relevant incident(s), including the date(s), location(s), and the presence of any witnesses
- Any alleged effect of the incident(s) on the complainant’s academic standing, educational benefits or opportunities, position of employment, salary, benefits, promotional opportunities, or other conditions of employment
Any person may make an anonymous report regarding an act of sexual misconduct. A person may report the incident without disclosure of his or her name, the respondent’s identity, or any request for action. However, depending on the incident and the available information, the University’s ability to respond to anonymous reports may be limited.
V. INFORMAL RESOLUTION
Yo San University may, at its discretion, 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. The person who facilitates the informal resolution may or may not be the Title IX Coordinator. Yo San University will not offer an Informal Resolution unless a formal complaint is filed. 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 complaint. Yo San University cannot facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.
VI. FORMAL RESOLUTION
One or more decision-makers, appointed by the university, and not consisting of the Title IX Coordinator or the Investigator, will oversee the Formal Resolution process.
A live hearing will be held at which decision-maker(s) will allow each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing will be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally. At the request of either party, Yo San University will 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 other. Only relevant cross-examination and other questions may be asked of a party or witness. The decision-maker will determine whether cross-examination and other questions are relevant and explain to the party’s advisor asking cross-examination questions any decision to exclude a question as not relevant. If a party does not have an advisor present at the live hearing, Yo San University will provide, without fee or charge to that party, an advisor of the University’s choice to conduct cross-examination on behalf of that party. If a party or witness does not submit to cross-examination at the live hearing, the decision-maker(s) cannot 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 questions. Live hearings may be conducted with all parties physically present in the same geographic location or, at the University’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually. Yo San University will create an audio or audiovisual recording, or transcript, of any live hearing.
Yo San University relies on the clear and convincing evidence standard to determine responsibility.
The decision maker(s) will produce a written determination regarding responsibility with findings of fact, conclusions about whether the alleged conduct occurred, rationale for the result as to each allegation, any disciplinary sanctions imposed on the respondent, and whether remedies will be provided to the complainant. The written determination will be sent simultaneously to the parties along with information about how to file an appeal.
Yo San University permits either party to appeal from a determination regarding responsibility or a 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.
Yo San University does not discriminate on the basis of race, color, ethnic or national origin, sex, sexual orientation, gender identity, religion, age, ancestry, disability, military status, veteran status, or other non-merit reasons, in admissions, educational programs or activities and employment, and complies with all applicable federal and state laws regarding nondiscrimination and affirmative action, including Title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964 and the Elliott-Larsen Civil Rights Act.
To request information regarding Title IX Policy, or to ask a question related to this policy, contact the Title IX Coordinator and Student Affairs Officer, Sean Gates at (310) 577-3000 ext. 116 or [email protected].
IX. TRAINING MATERIALS
- Franczek Webinar—The Road to Compliance: Essentials for Community Colleges, Colleges, and Universities Under the New Title IX
- Franczek Webinar—The New Title IX: What You Should Know Now
- Secretary DeVos Announces New Title IX Regulation
- OCR Webinar: Title IX Regulations Addressing Sexual Harassment
- OCR Webinar: New Title IX Protections Against Sexual Assault
- OCR Short Webinar on How to Report Sexual Harassment Under Title IX
- The First Amendment and Title IX: An OCR Short Webinar
- OCR Webinar on Due Process Protections under the New Title IX Regulations
- Civil Rights and COVID-19
- Conducting an Adjudicating Title IX Hearings: An OCR Training Webinar
- EducationAdminWebAdvisor Title IX Coordinator Certification (Higher Education)
X. EFFECTIVE DATES / REVISIONS
Recognized and Affirmed: July 28, 2021