Sex-Based Harassment

Grievance Procedures for Complaints of Sex-Based Harassment Involving Student Complainants

The International School of Skin, Nailcare and Massage Therapy (ISSNMT) has adopted Title IX grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator. These grievance procedures address complaints of sex-based harassment that involve a student party.

Inquiries about Title IX or Complaints may be referred to ISSNMT’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights (OCR), or both. ISSNMT’s Title IX Coordinator is the Director of Students and Career Services located at 7840 Roswell Rd BLDG 500 Suite 550 Sandy Springs, GA 30350. Phone: 404.84.1005 ext. 136 Email: Michael.johnson@issnschool.com To inquire about Title IV or file a complaint with OCR go to : https://ocrcas.ed.gov/contact-ocr

Complaints:

The following people have a right to make a complaint of sex-based harassment, requesting that ISSNMT investigate and make a determination about alleged sex-based harassment under Title IX:

A “complainant,” which includes:

a student or employee of ISSNMT who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
a person other than a student or employee of ISSNMT who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in ISSNMT education program or activity;
A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or
ISSNMT Title IX Coordinator.

ISSNMT may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one

complainant or more than one respondent is involved, references below to a party, complainant, or

respondent include the plural, as applicable.

ISSNMT will treat complainants and respondents equitably.

ISSNMT requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. A decisionmaker may be the same person as the Title IX Coordinator or investigator.

ISSNMT presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

ISSNMT has established the following timeframes for the major stages of the grievance.

Procedures:

Evaluation: Once a complaint is made the Title IX Coordinator has 30 days to either dismiss the claim or to have it investigated.
Investigation: If an investigation is initiated, the investigator has 60 days to complete the investigation.

Determination: after the investigation is completed, the Decision Maker has 30 days to make a Determination.
Appeal: If either the complainant or respondent wishes to appeal the determination, they have 7 days, from when they have been informed in writing of the determination, to appeal the determination. (see appeals process for its timeframes)

ISSNMT has also established the following process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay. Any

request for a delay will be made in writing and given to the Title IX Coordinator. The reason for the delay must have a substantial impact on the proceedings and/or the investigation. Reasons for a delay are but not limited to:

Death of Immediate family member or a party to the proceedings.
Server Injury or hospitalization of a party to the proceedings.
Severity of the complaint and/or Involvement of law enforcement.
Major holidays where the school is out of session.

The Title IX Coordinator will make the final decision as to whether or not the request meets the threshold of requiring a delay in the process.

ISSNMT will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

ISSNMT will objectively evaluate all evidence that is relevant and not otherwise impermissible including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by ISSNMT to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

1) Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality.

2) A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless ISSNMT obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and

3) Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent

committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

Written Notice of Allegations:

Upon initiation of these Title IX grievance procedures, ISSNMT will notify the parties in writing of the following with sufficient time for the parties to prepare a response before any initial interview:

ISSNMT Title IX grievance procedures and any informal resolution process;
Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex-based harassment, and the date(s) and location(s) of the alleged incident(s);
Retaliation is prohibited.
The respondent is presumed not responsible for the alleged sex-based harassment until a determination is made at the conclusion of the grievance procedures. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decision-maker.
The parties may have an advisor of their choice who may be, but is not required to be, an attorney.
The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigative report that accurately summarizes this evidence. [If ISSNMT provides access to an investigative report: The parties are entitled to an equal opportunity to access the relevant and not impermissible evidence upon the request of any party].

If, in the course of an investigation, ISSNMT decides to investigate additional allegations of sex-based harassment by the respondent toward the complainant that are not included in the written notice or that are included in a consolidated complaint, it will provide written notice of the additional allegations to the parties.

Dismissal of a Complaint:

ISSNMT may dismiss a complaint of sex discrimination if:

ISSNMT is unable to identify the respondent after taking reasonable steps to do so.
The respondent is not participating in ISSNMT education program or activity and is not employed by ISSNMT.
The complainant voluntarily withdraws any or all the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and ISSNMT determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or

ISSNMT determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, ISSNMT will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, ISSNMT will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then ISSNMT will also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing.

ISSNMT will notify the complainant that a dismissal may be appealed on the bases outlined in the Appeals section. If dismissal occurs after the respondent has been notified of the allegations, then ISSNMT will also notify the respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, ISSNMT will follow the procedures outlined in the Appeals section.

When a complaint is dismissed, ISSNMT will, at a minimum:

Offer supportive measures to the complainant as appropriate.
If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and

Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within ISSNMT education program or activities.

Investigation:

ISSNMT will provide for adequate, reliable, and impartial investigation of complaints.

The burden is on ISSNMT not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

ISSNMT will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.

ISSNMT will provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.

ISSNMT will not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding.
ISSNMT may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as the restrictions apply equally to the parties.

ISSNMT will provide the parties with the same opportunities, if any, to have people other than the advisor of the parties’ choice present during any meeting or proceeding.

ISSNMT will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

ISSNMT will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

ISSNMT will provide each party and the party’s advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of sex-based harassment and not otherwise impermissible, in the following manner:

ISSNMT will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or the same written investigative report that accurately summarizes this evidence. [If ISSNMT provides access to an investigative report: ISSNMT will further provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.];
ISSNMT will provide a reasonable opportunity to review and respond to the evidence or the investigative report. If ISSNMT conducts a live hearing as part of its grievance procedures, it will provide this opportunity to review the evidence in advance of the live hearing. [ISSNMT may decide whether to provide this opportunity to respond prior to the live hearing, during the live hearing, or both prior to and during the live hearing.]; and
ISSNMT will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance procedures.

Questioning the Parties and Witnesses:

ISSNMT will provide a process that enables the decisionmaker to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex-based harassment.

When ISSMT chooses not to conduct a live hearing: ISSNMT process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, will:

Allow the investigator or decisionmaker to ask such questions during individual meetings with a party or witness.
Allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the investigator or decisionmaker during one or more individual meetings, including follow-up meetings, with a party or witness, subject to the procedures for evaluating and limiting questions discussed below; and
Provide each party with an audio or audiovisual recording or transcript with enough time for the party to have a reasonable opportunity to propose follow-up questions.]

When ISSNMT chooses to conduct a live hearing: ISSNMT process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, will allow the decisionmaker to ask such questions, and either:

Allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the decisionmaker, subject to the procedures for evaluating and limiting questions discussed below; or
Allow each party’s advisor to ask any party or witness such questions, subject to the procedures for evaluating and limiting questions discussed below. Such questioning will never be conducted by a party personally. [ISSNMT permits advisor-conducted questioning, and a party does not have an advisor to ask questions on their behalf, ISSNMT will provide the party with an advisor of ISSNMT choice, without charge to the party, for the purpose of advisor-conducted questioning. In those instances, ISSNMT will not appoint a confidential employee and may appoint, but is not required to appoint, an attorney to serve as an advisor.]

Procedures for the decisionmaker to evaluate the questions and limitations on questions: The decisionmaker will determine whether a proposed question is relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The decisionmaker will give a party an opportunity to clarify or revise a question that the decisionmaker determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked.

Refusal to respond to questions and inferences based on refusal to respond to questions: The decisionmaker may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The decisionmaker will not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.

Procedures for a Live Hearing:

ISSNMT will conduct the live hearing with the parties physically present in the same geographic location or, at ISSNMT discretion or upon the request of either party, will conduct the live hearing with the parties physically present in separate locations with technology enabling the decisionmaker and parties to simultaneously see and hear the party or witness while that person is speaking.

ISSNMT will create an audio or audiovisual recording or transcript of any live hearing and make it available to the parties for inspection and review.

Determination Whether Sex Discrimination Occurred:

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, ISSNMT will:

1. Use the [preponderance of the evidence or, if applicable, clear, and convincing] standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.

2. Notify the parties simultaneously in writing of the determination whether sex-based harassment occurred under Title IX including:

A description of the alleged sex-based harassment.
Information about the policies and procedures that ISSNMT used to evaluate the allegations.
The decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex-based harassment occurred.
When the decisionmaker finds that sex-based harassment occurred, any disciplinary sanctions ISSNMT will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by ISSNMT to the complainant, and, to the extent appropriate, other students identified by ISSNMT to be experiencing the effects of the sex-based harassment; and
ISSNMT procedures and permissible bases for the complainant and respondent to appeal.

ISSNMT will not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.

If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:

Coordinate the provision and implementation of remedies to a complainant and other people ISSNMT identifies as having had equal access to ISSNMT education program or activity limited or denied by sex discrimination.
Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within ISSNMT education program or activity.

ISSNMT will comply with the Title IX grievance procedures before the imposition of any disciplinary sanctions against a respondent; and

ISSNMT will not discipline a party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

The determination regarding responsibility becomes final either on the date that ISSNMT provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.

Appeals:

ISSNMT will offer an appeal from a dismissal or determination whether sex-based harassment occurred on the following bases:

Procedural irregularity that would change the outcome.
New evidence that would change the outcome and that was not reasonably available when the determination or dismissal was made; and
The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.
Any additional procedures or bases for appeal ISSNMT offers will be equally available to all parties.

If a party appeals a dismissal or determination whether sex-based harassment occurred, ISSNMT will:

Notify the parties in writing of any appeal, including notice of the allegations, if notice was not previously provided to the respondent.
Implement appeal procedures equally for the parties.
Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint.
Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations.
Communicate to the parties in writing that ISSNMT will provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
Notify the parties in writing of the result of the appeal and the rationale for the result.

The time frame for an appeal will be as follows:

ISSNMT offers the following process for appeals from a determination whether sex discrimination occurred:

The appeal must be in writing.
The application for the appeal must be given to the Campus President within 7 days of the determination.
The Campus President will accept or reject the application for appeal within 7 days of receiving the application and will inform all parties in writing within 10 days of receiving the application.

If application to appeal is excepted than;

All parties have 10 days after they have been notified to present new evidence.
Campus President will review all evidence gathered through the investigation and the appeals process.
Campus President will use the [preponderance of the evidence or, if applicable, clear, and convincing] standard of proof to determine whether sex discrimination occurred. The standard of proof requires the Campus President to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the Campus President is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the Campus President will not determine that sex discrimination occurred.
Campus President has 30 days, after accepting the appeal to make a determination.

This appeal process will be, at a minimum, the same as ISSMT offers in all other comparable proceedings, including proceedings relating to other discrimination complaints.

Informal Resolution:

In lieu of resolving a complaint through ISSNMT Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. ISSNMT will inform the parties in writing of any informal resolution process it offers and determine if appropriate, if any. ISSNMT will not offer informal resolution to resolve a complaint when such a process would conflict with Federal, State, or local law. Before the initiation of an informal resolution process ISSNMT will explain in writing to the parties:

The allegations;
The requirements of the informal resolution process.
That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution.
That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations.
The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
What information ISSNMT will maintain and whether and how ISSNMT disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed.

Supportive Measures:

ISSNMT will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to ISSNMT education program or activity or provide support during ISSNMT Title IX grievance procedures or during the informal resolution process. For complaints of sex-based harassment, these supportive measures may include:

No-Contact Orders: The institution may issue a no-contact order, which prohibits the respondent (the person accused of harassment) from contacting the complainant directly or indirectly.
Academic Accommodations: The complainant may receive academic accommodations, such as extensions on assignments, rescheduling exams, or adjusting class schedules.
Counseling Services: The institution may offer counseling services to the complainant. These services can provide emotional support, coping strategies, and resources for dealing with the impact of harassment.
Safety Escorts: If the complainant feels unsafe on campus, the institution may provide safety escorts to accompany them to and from classes or other locations.

Disciplinary Sanctions and Remedies:

Following a determination that sex-based harassment occurred, ISSNMT may impose disciplinary sanctions, which may include censure, probation, suspension, or Expulsion. ISSNMT may also provide remedies, which may include censure, probation, suspension, or Expulsion. Disciplinary sanctions and remedies are determined based on the severity of the violation and may vary depending on the circumstances of each case.

Expulsion: Expulsion involves permanently terminating a student’s enrollment.
Suspension: Suspension temporarily prohibits a student from attending classes or participating in school activities. It can be for a specific duration (e.g., one semester) or until certain conditions are met (e.g., completing counseling).
Probation: Probation places a student on notice that their behavior or performance is unsatisfactory. During probation, the student must meet specific requirements (such as maintaining a certain GPA) to continue their enrollment.
Censure: Censure is a formal reprimand issued by the school. It does not involve direct consequences like revocation or suspension but serves as a warning.