Consumer Information

This policy strictly prohibits sexual or other unlawful harassment or discrimination as well as sexual violence, as defined above. Sexual or other unlawful harassment or discrimination includes any verbal, physical, or visual conduct based on sex, race, age, national origin, disability, or any other legally protected basis if submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education or employment; submission to or rejection of such conduct by an individual is used as a basis for decisions concerning that individual's education or employment; or it creates a hostile or offensive work environment, which means the alleged conduct is sufficiently serious to limit or deny a student's ability to participate in or benefit from the student's education program.

Unlawful harassment or discrimination may include racial epithets, slurs and derogatory remarks, stereotypes, jokes, posters, or cartoons based on race, national origin, age, disability, marital status, or other legally protected categories.

Sexual harassment is conduct based on sex, whether directed towards a person of the opposite or same sex, and may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually-oriented kidding or teasing, practical jokes, jokes about or displays of obscene printed or visual material, questions about sexual fantasies, preferences or history, and physical contact such as patting, pinching, or intentionally brushing against another person's body. Gender-based harassment, including acts of verbal, nonverbal or physical aggression, intimidation, or hostility based on sex or sex-stereotyping is strictly prohibited, even if those acts do not involve conduct of a sexual nature.

If you believe that you have experienced or witnessed sexual harassment or sexual violence, notify your instructor, supervisor, Human Resources, or the Title IX Coordinator as soon as possible after the incident. All complaints involving a student will be referred to the campus Title IX Coordinator. Supervisors will refer all harassment complaints to the Human Resources Department if the complaint involves another team member.

Do not allow an inappropriate situation to continue by not reporting it, regardless of who is creating the situation. No employee, contract worker, student, vendor, or other person who does business with The Institute of Beauty and Wellness is exempt from the prohibitions in this policy.

The Institute must have actual knowledge of sexual harassment that has occurred within the Institute's education program or activity against a person in the United States (not including study abroad programs) to begin any investigation of Title IX violations. To facilitate the investigation, the complainant must submit a formal written complaint which should include details of the incident or incidents, names of the individuals involved, and names of any witnesses.

The Institute must investigate every formal complaint, which may be filed by a complainant or by the Institute's Title IX Coordinator. If the alleged conduct does not fall under Title IX, then the Institute may address the allegations under the Institute's code of conduct and provide supportive measures.

The Title IX Coordinator must promptly contact the complainant confidentially to discuss the availability of supportive measures, consider the complainant's wishes concerning supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain the process for filing a formal complaint.

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent. Such measures are designed to restore or preserve equal access to the Institute's education programs and activities without unreasonably burdening the other party.

Supportive measures may include extensions of deadlines or other course-related adjustments, modifications of work or class schedules, mutual restrictions on contact between the parties, changes in work or campus locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

The Institute will maintain as confidential any supportive measures provided, to the extent that maintaining confidentiality would not impair the Institute's ability to provide them. Students who report an incident of sexual harassment may also be able to obtain a formal protection order from a civil or criminal court. The Institute will work with the student and the applicable court to assist in the enforcement of any such protective order.

Counseling, advocacy, and support services are available for complainants, whether or not a complainant chooses to make an official report or participate in the Institute's disciplinary or criminal process. The Institute does not provide counseling or health care services. Personal counseling offered by the Institute will be limited to initial crisis assessment and referral. The Title IX Coordinator can provide contact information for resources listed in the student handbook.

It is the responsibility of the Title IX Coordinator to objectively evaluate all relevant evidence and to avoid credibility determinations based on a person's status as a complainant, respondent, or witness. Title IX personnel must be free from conflicts of interest or bias for or against complainants or respondents.

Title IX personnel and the Institute's higher administration are trained on the definition of sexual harassment, the scope of the school's education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, and how to serve impartially. Training also includes how to apply rape shield protections, which limit the ability to introduce evidence or cross-examine complainants about their past sexual behavior.

The Institute presumes the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. The time necessary to complete the grievance process will vary based on complexity, but the Institute will respond to a formal complaint in a reasonably prompt time frame, with allowance for short-term, good cause delays.

If the Institute determines that unlawful harassment or sexual violence has occurred, immediate appropriate corrective action will be taken and the Institute will take steps to prevent recurrence. Remedies for student-related claims may include supportive measures, an order to stay away, suspension, or expulsion. Any employee determined to be responsible for unlawful harassment or discrimination will be subject to appropriate disciplinary action, up to and including termination.

The preponderance of the evidence standard will apply to investigations, meaning the Institute will evaluate whether it is more likely than not that the alleged conduct occurred. Both parties will receive written notice of the outcome of the complaint.

Both the complainant and the respondent may appeal the Institute's final outcome of a Title IX complaint. Appeals must be submitted in writing to the school owner, director, and human resources manager.

Procedural error: a procedural error occurred that significantly impacted the outcome of the investigation or hearing. A description of the error and its impact must be included in the written appeal.

New evidence: new evidence or information has arisen that was not available or known to the party during the investigation or hearing and that could significantly impact the findings. Information that was known but not presented is not new information.

Conflict of interest or bias: an actual conflict of interest or bias impacted the handling or results of the resolution procedures.

The written appeals decision shall be sent simultaneously to both parties. Disagreement with the finding or sanctions is not, by itself, grounds for appeal.

The Title IX Coordinator may dismiss allegations of conduct that do not meet the definition of sexual harassment or did not occur in the Institute's education program or activity against a person in the U.S. Such a dismissal is only for Title IX purposes and does not preclude the Institute from addressing the conduct in any manner it deems appropriate. Dismissals may also occur if the complainant withdraws the complaint in writing, if the respondent is no longer enrolled or employed by the school, or if specific circumstances prevent the school from gathering sufficient evidence to reach a determination.

To initiate a criminal investigation, reports of sexual violence should be made to 911 or local law enforcement. The criminal process is separate from the Institute's disciplinary process.

In response to a formal complaint, the Institute promises prompt and equitable resolution through a reliable and impartial investigation, including the opportunity for both parties to present witnesses or other evidence. The Institute may choose to consolidate formal complaints where allegations arise out of the same facts.

The Institute shall maintain confidentiality for all parties to the extent possible, but absolute confidentiality cannot be guaranteed. To protect privacy, a party's medical, psychological, and similar treatment records cannot be accessed or used in an investigation without that party's voluntary and written consent.

In cases where a student does not give consent for an investigation, the Title IX Coordinator will weigh the student's request for confidentiality against the impact on the safety of the Institute's environment to determine whether an investigation must proceed. Complainants should be aware that in a formal investigation due process generally requires that the identity of the charging party and the substance of the complaint be revealed to the respondent.

The burden of gathering evidence and the burden of proof is on the Institute, not the parties involved. Both parties may select an advisor of their choice, who may be but does not need to be an attorney. The Title IX Coordinator will send written notice of any investigative interviews, meetings, or hearings to both parties, and will send the parties and their advisors evidence directly related to the allegations with at least 10 days to inspect, review, and respond. An investigative report fairly summarizing relevant evidence will be sent with at least 10 days for both parties to respond.

The Institute will hold a live hearing allowing both parties to present their evidence on the formal complaint. Those present will be the decision-maker or makers, the complainant, the respondent, and their advisors. If a party does not have an advisor present, the Institute must provide one without fee or charge to conduct cross-examination on behalf of that party. Only relevant cross-examination and other questions may be asked of a party or witness.

At the live hearing, 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 credibility. Cross-examination must be conducted directly, orally, and in real time by the party's advisor of choice and never by a party personally.

The Institute upholds rape shield protections for complainants, deeming irrelevant questions and evidence about a complainant's prior sexual behavior unless offered to prove that someone other than the respondent committed the alleged misconduct or offered to prove consent.

If a party or witness does not submit to cross-examination at the live hearing, the decision-maker must not rely on any statement of that party or witness in reaching a determination regarding responsibility. The decision-maker cannot draw an inference about responsibility based solely on a party's or witness's absence from the live hearing or refusal to answer questions.

Live hearings may be conducted with all parties physically present in the same location or, at the Institute's discretion, virtually. The Institute is responsible for creating an audio or audiovisual recording, or transcript, of any live hearing.

Informal resolutions are available with both parties' voluntary, informed written consent submitted to the Title IX Coordinator and cannot be required as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right.

The Institute cannot require parties to participate in an informal resolution process and may not offer an informal resolution before a formal complaint is filed. At any time before a resolution is agreed upon, both parties have the right to withdraw from the informal resolution process and resume the grievance process.

An informal resolution process is not an option to resolve allegations that an employee sexually harassed a student. A formal hearing must be conducted as part of the grievance process when employees of the Institute are the respondents.

The Institute of Beauty and Wellness will not retaliate against you for filing a complaint and will not tolerate retaliation by students or employees. The 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 Title IX proceedings. The exercise of rights protected under the First Amendment does not constitute retaliation.

If you believe you have been retaliated against, you should promptly notify your supervisor, Human Resources, or the Title IX Coordinator.

Victims of sexual misconduct should be aware that Institute administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to other members of the campus community. The Institute will make every effort to ensure that a complainant's name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The Institute reserves the right to notify parents or guardians of dependent students regarding any health or safety risk or a change in student status.

Employees should contact Human Resources for more information or any questions related to this policy. Students may contact the Title IX Coordinator with any questions related to this policy.

In addition, the U.S. Department of Education Office for Civil Rights 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.