Title IX and Sexual Misconduct Policy: Discrimination, Harassment & Misconduct on the Basis of Sex
Regency Beauty Institute (“Regency”) is committed to complying with all laws that prohibit discrimination on the basis of sex in admission to, employment with, and otherwise in the operation of its educational program and activities.
Among the applicable laws, Title IX of the Education Amendments of 1972 prohibits sex discrimination and sexual harassment in schools. In compliance with Title IX, Regency is committed to ensuring that all its students have equal opportunity to benefit from our program and activities, and that all its employees enjoy equal employment opportunity, free from sex discrimination and sexual harassment. The protections of Title IX also extend to third parties.
Additionally, the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (“Clery Act”) in part requires educational institutions such as Regency to prohibit the offenses of domestic violence, dating violence, sexual assault, and stalking. There is some overlap between the requirements and prohibitions of Title IX and the Clery Act. All reference to the “Title IX policy” herein encompass Regency’s policy and procedures in compliance with Title IX, the Clery Act, and all applicable laws that prohibit discrimination, harassment and criminal conduct on the basis of sex.
Regency has developed this Title IX policy and the associated processes to ensure that all complaints of sex discrimination, sexual harassment, and criminal conduct on the basis of sex—whether brought by students, employees, or third parties—are promptly investigated and, where a violation is found, that Regency takes action to end the conduct, prevent its recurrence, and address its effects. Regency may be limited in the type of response it can provide with respect to conduct that did not take place within the context of Regency’s educational programs and activities. Where Regency’s response is limited, Regency will provide assistance, under this policy, in directing complainants to resources and organizations able to assist with investigation, prosecution, shelter and victim services, and the like.
Regency’s Title IX Coordinator oversees and supports Regency’s enforcement of this Title IX policy. The contact information for the Title IX Coordinator is as follows:
Title IX Coordinator
Regency Beauty Institute
1600 Utica Avenue South
St. Louis Park, MN 55416
Phone: (763) 277-7268
Fax: (763) 277-7269
The Title IX Coordinator is available to speak with students, employees, and third parties who have questions concerning this Title IX policy and/or wish to make a complaint of an alleged violation of this policy. Additional information concerning the role and duties of the Title IX Coordinator is provided below.
This policy applies to complaints of sex discrimination and sexual harassment, sexual assault, domestic violence, dating violence, and stalking, raised by students, employees, or third-parties against students, employees, or third parties in connection with Regency’s educational program and activities. Persons found to be in violation of this policy will be subject to disciplinary action, which may include, but is not limited to, verbal or written warnings, suspension, or termination from Regency. This policy is supplemental to Regency’s policies generally prohibiting illegal discrimination and harassment against students and employees, including on the basis of sex, and includes certain additional safeguards and requirements pursuant to Title IX, as fully described below.
Sex Discrimination. Sex discrimination means treating an individual or group less favorably than another based upon the sex or gender of that individual or group. For students, it involves conduct or statements that deny the student(s) an equal opportunity to fully benefit from the school’s program and activities. For employees, it involves conduct or statements that deny the employee(s) an equal opportunity in employment.
Sexual Harassment. Sexual harassment is one form of sex discrimination. Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature when: (1) submission to such conduct is made a term or condition of enrollment or employment; (2) submission to or rejection of such conduct is used as a basis for enrollment- or employment-related decisions; or (3) such conduct has the effect of unreasonably interfering with school or work performance or creating an intimidating, hostile, or offensive environment.
Sexual harassment is defined by the sexual nature of the conduct or communication, not the gender of the individuals involved. Therefore, it may be perpetrated by and against individuals of either gender, and between individuals who are of the same gender.
The determination of what constitutes sexual harassment will vary with the particular circumstances. Uncivil conduct or common profanity generally do not meet the definition of sexual harassment, except where sexual in nature and so severe or pervasive as to deny or limit the individual’s ability to participate in or benefit from the school’s program (in the case of a student) or to enjoy equal employment opportunity (in the case of an employee). A series of incidents may constitute sexual harassment, even if one of the incidents on its own would not rise to the level of harassment. At the same time, a single or isolated action may constitute sexual harassment when that action is sufficiently severe.
While hostile-environment sexual harassment may encompass a wide range of conduct, some examples of specifically prohibited conduct include:
This list is not exhaustive. Regency reserves the right to determine whether particular conduct violates its Title IX policy or is otherwise inappropriate under other policies. All people subject to this policy—including employees, students, and third-parties—are expected to treat the others with whom they interact in connection with their employment, education, or presence at Regency with respect at all times.
In determining whether certain conduct creates a hostile environment in violation of this policy, Regency considers all relevant circumstances. Relevant factors may include, but are not limited to:
The totality of the circumstances will be considered in determining whether a hostile environment exists.
Additionally, sexual harassment may include, but is not limited to, sexual assault, domestic violence, dating violence, and stalking, as defined below.
Sexual Assault. Sexual assault is a form of sexual harassment. A range of conduct falls into the category of sexual assault, including without limitation sexual violence, sexual battery, sexual coercion, rape, or other sexual contact involving force, threat, intimidation, or without consent.
Consent to sexual activity means words or overt actions indicating that the person is agreeing to a particular act. Consent is informed, knowing, and voluntary. Consent is active and not passive. Silence, in and of itself, cannot be interpreted as consent.
Domestic Violence. Domestic violence includes crimes of violence committed by:
Dating Violence. Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on the following factors:
Stalking. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress.
Any student, employee or other person who believes that he or she has been subjected to any form of sex discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking in violation of this policy should make a complaint. Regency takes all such complaints seriously.
Regency strongly encourages any person who wishes to make a complaint under this policy to bring that complaint directly to Regency’s Title IX Coordinator. However, a student may also bring such a complaint to a student advisor, area manager, campus manager, or educator with whom he or she is comfortable. Likewise, an employee may bring such a complaint to their immediate supervisor, another manager, or a human resources generalist. In each case, the complainant should understand that the complaint will be forwarded to the Title IX Coordinator.
Regency also encourages each complainant to put his or her complaint in writing, providing a detailed description of the alleged events that are the basis for the complaint and a list of witnesses to the events.
At times, Regency employees may have knowledge of conduct (by witnessing it or, alternatively, by hearing a second-hand report about the conduct) that may constitute a violation of this Title IX policy.
Employees who fail to meet this reporting expectation will be subject to disciplinary action, up to and including termination.
Anyone who believes he or she has been subjected to a crime (or potential crime) prohibited by this policy has the option—though is not required—to notify law enforcement authorities. Regency’s Title IX Coordinator will assist in notifying authorities, upon request. It is important for those who believe they have been subjected to a crime to preserve evidence of the incident as it may be necessary to prove a crime or to obtain a protective order.
Regency seeks to handle each complaint and investigation with professionalism and discretion. A fair and effective investigation often requires that the details of the complaint and/or the identity of the complainant be shared with those individuals involved in and/or interviewed in the investigation. Such individuals will, however, are expected to maintain the confidentiality of the matter to the extent possible.
Before beginning an investigation, Regency will seek consent of the complainant to (i) proceed with the investigation and (ii) identity him or her in connection with the complaint. If the complainant requests that no investigation occur or that his or her name not be disclosed, Regency will:
Regency will undertake a prompt, fair, impartial, and thorough investigation, where appropriate. The investigation shall be conducted by officials who have received annual training on this policy and on how to conduct an investigation that protects the safety of victims and promotes accountability. Except in extraordinary circumstances, Regency seeks to conclude each such investigation within 30 calendar days. The investigation process generally occurs in three stages:
Regency seeks to conclude stage 1 within 10 days, stage 2 within 15 additional days; and stage 3 within 5 additional days. At times, an extension of these timeframes may be necessary and/or appropriate, due to time taken by a complainant to decide whether to provide consent, unavailability of witnesses, complexity or number of allegations under review, or other factors. Regency retains discretion to determine when an extension of the general timelines is warranted based on the totality of the circumstances. Extensions of the timelines, when they occur, will be communicated to the complainant(s).
In this process, the complainant(s) and subject(s) of the complaint may name witnesses and provide other evidence, as described below. The steps necessary to thoroughly investigate the complaint will vary, but will often include interviews of the complainant(s), the subject(s) of the complaint, and the identified witnesses, as well as a review of relevant documentation and relevant policies. Where the investigation results in a finding of a violation of this policy, Regency will take immediate steps to end the conduct, prevent its recurrence, and address its effects. Further information concerning the notification of outcomes is provided below.
At the conclusion of the investigation, the complaint manager will make a finding of whether a violation of this Title IX policy has occurred. In making this decision, the complaint manager will apply the preponderance of the evidence standard to the factual allegations, by determining whether the alleged conduct is more likely than not to have occurred. As to the finding of facts reached under this standard, the complaint manager will also decide whether those facts constitute a violation of this Title IX policy. The complaint manager will give the complainant(s), subject(s) of the complaint, and Title IX Coordinator simultaneous written notification of the outcome (specifically, whether or not a violation of the Title IX policy was found to have occurred). In the event a violation was found to have occurred, Regency will impose disciplinary action under its disciplinary policies, and, if appropriate, implement other remedial measures. Disciplinary action may include warnings, suspensions, or termination of enrollment or employment. Other remedial measures for the complainant, where appropriate, will be tailored to the particular circumstances presented and may include, by example, providing opportunities to retake portions of the curriculum and/or quizzes, rubrics or examinations; granting the complainant’s request to change campuses, schedule, or rotation; and/or allowing leaves in excess of policy limitations where permitted by law. When implementing corrective actions or other remedial measures, Regency will seek to minimize the burden upon the complainant.
Regency maintains a list of available external counseling and advocacy resources. To request this list, please contact the Title IX Coordinator.
The complainant will generally not be provided information of specific disciplinary action taken against other persons, unless the disciplinary action will directly impact the complainant, such as whether and/or when the subject(s) of the complaint may be present in the school environment.
In the event that a student party to a complaint disagrees with the outcome of an investigation under this Title IX policy, the student may seek a review of the outcome by submitting a written appeal statement to:
Student Appeals Committee
c/o Regency Beauty Institute
1600 Utica Avenue South, 9th Floor
St. Louis Park, MN 55416
An appeal under this policy must be made within 14 calendar days of receipt of the written notice of the outcome of the investigation. An appeal may be made on one or more of the following grounds only: (1) an error occurred that, if corrected, may change the outcome of the investigation; or (2) new information has arisen, that was not available or known to the student at the time of the investigation, which if considered may change the outcome of the investigation. Information that was known or available to the student during the investigation will not be considered.
The Committee will conduct an impartial review of the appeal and will provide the appealing student with a written determination. The Committee seeks to issue its determination on each appeal within 30 calendar days of its receipt of the appeal; however, this timeframe may be longer in certain cases.
Employee parties to a complaint under the Title IX policy do not have a right of appeal.
Regency will not retaliate against any person for filing a good-faith complaint or for participating or assisting in good faith in an investigation under this policy. An employee or student who retaliates will be subject to disciplinary action, up to and including termination from Regency.
Any student or employee who feels that he or she has been subject to retaliation in violation of this policy should report the matter immediately to the Title IX Coordinator.
The investigation of complaints under this policy will be overseen by the Title IX Coordinator. The Title IX Coordinator may investigate the complaint himself or herself or may designate a complaint manager or managers to do so. If the Title IX Coordinator designates a complaint manager, the Title IX Coordinator will not be the individual to conduct the investigation, assess the credibility of witnesses, or make findings as to whether a violation of this policy has occurred. Rather, his or her role will be to ensure that Regency’s Title IX policies and procedures are followed, in part by (i) seeking the complainant’s consent to conduct an investigation and disclose his or her name in connection with the complaint; (ii) guiding the complaint managers in order to facilitate and support their compliance with this policy; and (iii) ensuring that the outcome of each such complaint is appropriately communicated. More specifically, the Title IX Coordinator will:
Additionally, the Title IX Coordinator will document all reports and complaints of sex discrimination, sexual harassment, and sexual assault and establish a protocol for keeping records related to such incidents.