Title IX Policies And Procedures
Overview
“No person in the U.S. shall, on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.” Title IX of the Education Amendments of 1972, and 34 C.F.R.
Part 106 (Title IX)
Omnitech Institute does not discriminate on the basis of sex in its educational programs, regardless of an individual’s real or perceived sex, gender identity, and/or gender expression. Female, male, and gender non-conforming students, faculty, and staff are protected from any sex-based discrimination including sexual assault, harassment or violence.
The School’s Title IX Coordinator manages the policies and procedures related to Title IX, to ensure compliance with respect to Title IX, and investigate and responds to all complaints of sex-based discrimination and/or crimes. The Title IX Coordinator must not have a conflict of interest or bias and must receive annual training.
Omnitech Institute is required to “act in meaningful ways to support survivors of sexual misconduct, without sacrificing important safeguards to ensure a fair and transparent process.”
Title IX Coordinator
Renee Alston
Contact Information for Title IX Coordinator:
1800 Phoenix Blvd
Bldg. 100 Suite 104
Atlanta, GA 30349
(404)284-8121 / Fax# (770) 996-9215
Ralston@omnitech.edu
U.S. Department of Education
Office for Civil Rights (OCR)
Washington, DC 20202
OCR@ed.gov
For assistance related to Title IX or other civil rights laws, please contact OCR at OCR@ed.gov or 800-421-3481
***The Office for Civil Rights and the Title IX Coordinator names and contact information is also listed on our website at www.Omnitech.edu, and is also posted at the campus location listed above, in our Student Handbooks and the School Catalog.
In addition to its enforcement activities, OCR provides technical assistance and information and guidance to schools, universities and other agencies to assist them in voluntarily complying with the law. OCR’s Title IX Resource Guide PDF (501K) is a useful tool for schools and their Title IX coordinators to understand schools’ obligations under Title IX.
Title IX protects students in connection with all of the academic, educational, extra-curricular, athletic, and other programs of the school, whether they take place in the facilities of the school, on a school bus, at a class or training program sponsored by the school at another location, or elsewhere. 106.44 (a)
Omnitech must notify applicants for admission and employment, students, and employees, of the Title IX Coordinator’s name or title, office address, email address, and telephone number. Omnitech “prominently displays” the Title IX Coordinator’s contact information as required on our website and in our catalogs.
Any person may report sex discrimination, including sexual harassment, in person, by mail, by telephone, or by email, using the contact information listed for the Title IX Coordinator. A report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator.
Sex-based discrimination includes, but is not limited to, discrimination against pregnant and parenting students and women in STEM (science, technology, engineering, and math) programs. It also encompasses sexual harassment, gender-based discrimination, and sexual violence. Sexual violence includes attempted or completed rape or sexual assault, as well as sexual harassment, stalking, voyeurism, exhibitionism, verbal or physical sexuality-based threats or abuse, domestic violence and dating violence.
Harassing conduct rises to the level of discrimination when the conduct is so severe or persistent that it creates a hostile environment that interferes with a student’s ability to benefit from the educational program or activity. One incident of sexual violence can result in discrimination.
Also, under the Title IX rule, there must not be any retaliation against any person for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complaint action. Any retaliation in any way is considered a violation of Title IX. The ED Title IX regulations (Volume 34, Code of Federal Regulations, Part 106) provide additional information about the forms of discrimination prohibited by Title IX.
Grievance Procedure
In the event a sex-based discrimination incident or crime occurs, the victim must take the following steps and report the offense to the appropriate Title IX Coordinator in order to:
Discuss the availability of supportive measures,
The Title IX Coordinator must consider the complainants wishes with respect to supportive measures,
The Title IX Coordinator must inform the complainant of the availability of supportive measures with or without the filing of a formal complaint to local law enforcement agencies and
Explain to the complainant the process for filing a formal complaint
In instances of sex-based crimes, preserve any evidence as may be necessary to the proof of the criminal offense,
The Title IX Coordinator must assist the complainant with a change in their academic situation if necessary.
Every incident will be investigated objectively to determine the cause and the steps needed to prevent a recurrence. It shall be the responsibility of the Title IX Coordinator to obtain the complete and detailed facts of the incident as soon as possible after it occurs. The School will investigate all sex-based incident and crime complaints filed by a student or an employee regardless of where the incident occurred.
Once all facts and details are obtained by the Title IX Coordinator from both parties and reviewed, a prompt, impartial and equitable determination will be made based on proven fact and/or a preponderance of the evidence which concludes that more likely than not the misconduct occurred.
Both parties will have an opportunity to review and respond to evidence used in the investigation. Both parties will be treated equitably.
The grievance process must provide for a live hearing:
At the live hearing, the decision-maker must permit each party’s advisor to ask the other party and any witnesses all relevant questions, including those challenging credibility.
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 personally.
At the request of either party, the school must provide for the live hearing to occur with the parties located in separate rooms with technology enabling the decision-maker and parties to simultaneously see and hear the party or the witness answering questions.
Only relevant cross-examination and other questions may be asked of a party or witness:
If a party does not have an advisor present at the live hearing, the School must provide without fee or charge to that party, an advisor of the School’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party.
Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
The decision-maker, who cannot be the same person as the Title IX Coordinator or the investigator(s), must issue a written determination regarding responsibility.
The written determination must include—
Identification of the allegations potentially constituting sexual harassment;
A description of the procedural steps taken from the receipt of the formal complaint through the determination;
Findings of fact supporting the determination;
Conclusions regarding the application of the School’s Code of Conduct to the facts;
A statement of, and rationale for, the result as to each allegation; and
The School’s procedures and permissible bases for the complainant and respondent to appeal.
The institution will disclose to the alleged complainant and the respondent simultaneously the final results of the investigation. The Title IX Coordinator is responsible for effective implementation of any remedies.
If law enforcement is involved in any incident, the School will abide by their findings. There will be no appeal process in incidents where law enforcement is involved.
If a decision is made internally by a Title IX Coordinator, an appeal may be considered only in extenuating circumstances.
If an Appeal is granted, additional information and documentation shall be provided to the Title IX Coordinator within 10 days of the original determination. Both parties will be notified simultaneously within 30 days of the appeal review of the final determination.
Disciplinary Actions
Any and all sex-based crimes on campus are subject to action by local, state and federal law enforcement agencies.
The Centers will promptly investigate any sex-based incident regardless of whether a victim decides to report the incident to law enforcement. However, if such an incident is reported to law enforcement as a result of the type and/or seriousness of such an incident The Center will not wait for the conclusion of a criminal proceeding and will conclude its own investigation within a semester’s time. Any student or employee convicted of a sex-based crime will result in expulsion from the school for a student and termination of employment for an employee.
The School will take immediate action to ensure a victim of such crime can continue their education free of ongoing sex discrimination or sexual harassment, and will not retaliate against anyone filing a complaint.
Note: To the extent of a conflict between State or Local law and Title IX, the obligation to comply with Title IX takes priority
Record Keeping
- The School will maintain all records for a period of seven (7) years:
Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required, any disciplinary sanctions imposed on the respondent, and any remedies provided; - Any appeal and the result;
- Any informal resolution and the result;
- All materials used to train Title IX Coordinators, et. Al.
- These training materials must be publicly available on the school’s website, or if the school does not have a website then they must be available upon request.
In response to the receipt of actual knowledge of sexual harassment, the school must create, and maintain, for a period of seven (7) years, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment.
Training Materials
All materials used to train Title IX Personnel:
- Must not rely on sex stereotypes,
- Must promote impartial investigations and adjudications of formal complaints of sexual harassment,
- Must be maintained by the school for at least 7 years,
- Must be publicly available on the school’s website; if the school does not maintain a website the school must make the training materials available upon request for inspection by members of the public.
Under the Title IX Rule, students, employees, the Department, and the public will be able to examine the school’s training materials, providing a necessary safeguard to improve the impartiality, reliability, and legitimacy of Title IX proceedings. This requirement will improve the overall transparency and integrity of the school’s Title IX policies and procedures.
Schools must publish training materials that are up to date and reflect the latest training provided to Title IX personnel.
