Title IX & Clery Policy

Notice of Non-Discrimination 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 sexual assault, domestic violence, dating violence, and stalking. There is some overlap between the requirements and prohibitions of Title IX and the Clery Act. All references to the “Title IX & Clery Policy” encompass Regency’s policy and procedures in compliance with Title IX, the Clery Act, and all applicable laws that prohibit sex discrimination, sexual harassment, sexual assault, domestic violence, dating violence, and stalking.

 

The Title IX and Clery 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 and the Clery Act. Regency has developed this Title IX & Clery policy and the associated processes to ensure that all complaints of sex discrimination, sexual harassment, sexual assault, domestic violence, dating violence, and stalking that occur in connection with Regency’s program – 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.

 

It is important to be clear that Regency may be limited in the type of response it can provide with respect to sexual assault, domestic violence, dating violence, and stalking that did not take place within the context of Regency’s educational programs and activities. Where Regency lacks a meaningful ability to investigate and take remedial action, it will provide assistance, in directing victims to resources and organizations able to assist with investigation, prosecution, shelter, victim services, and the like.

 

Title IX & Clery Coordinator

Regency’s Title IX & Clery Coordinator (the “Coordinator”) oversees and supports Regency’s enforcement of this Title IX & Clery Policy. The Coordinator’s contact information is as follows:

 

    Title IX & Clery Coordinator

    Regency Beauty Institute

    1600 Utica Avenue South, 9th Floor

    St. Louis Park, MN 55416

    Phone: (763) 277-7268

    Fax: (763) 277-7269

    E-mail: TitleIX@Regency.edu

 

The Title IX & Clery Coordinator is available to speak with students, employees, and third parties who have questions concerning this policy and/or wish to make a complaint of an alleged violation of this policy. Additional information concerning the role and duties of the Coordinator is provided below.

 

Definitions and Examples of Conduct Prohibited Under this Policy

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 is one form of sex discrimination.

 

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 also includes sexual assault, as defined below.

 

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:

 

  • Acts of verbal, non-verbal, or physical aggression, intimidation or hostility based on gender, gender identity, or gender-stereotyping
  • Use of offensive or demeaning terms that have a sexual connotation
  • Objectionable physical closeness, behavior, actions, or contact
  • Inappropriate or repeated suggestions regarding, or invitations to, social engagements or events, whether or not Regency-related
  • Suggestions, express or implied, that the terms or conditions of enrollment or employment may depend on the granting of sexual favors
  • Actions relating to a student’s or employee’s status with Regency which is in fact impacted by providing or refusing to provide sexual favors
  • Jokes or remarks of a sexual nature
  • Showing or sending materials that have a sexual content or are of a sexual nature (such as cartoons, articles, pictures, etc.), either by e mail, interoffice mail, internet or otherwise
  • Refusal to interact with a student, employee or guest in accordance with that individual’s gender identity (including without limitation, refusal to address and refer to the individual using their preferred name and pronouns)

 

This list is not exhaustive. Regency reserves the right to determine whether particular conduct violates its Title IX & Clery Policy or is otherwise inappropriate under other policies.

 

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 degree to which the conduct has affected one or more person’s education and/or employment
  • The type, frequency, and duration of the conduct
  • The identity of and relationship between the alleged harasser and the subject or subjects of the harassment
  • The number of individuals involved

 

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 as well as a crime. 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 the affirmative, unambiguous, and voluntary agreement to engage in a specific sexual activity during a sexual encounter. 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:

 

  • A current or former spouse or intimate partner of the victim
  • A person with who a victim shares a child in common
  • A person who is living with or has lived with the victim as a spouse or partner
  • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which this policy applies, or
  • Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the acts occurred

 

Dating Violence. Dating violence means violence (including but not limited to sexual or physical abuse or the threat of such abuse) 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:

 

  • The length of the relationship
  • The type of relationship
  • The frequency of interaction between the persons involved in the relationship

 

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.

 

Reports & Complaints

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 & Clery Coordinator. However, a student may also bring such a complaint to a Student Liaison or Campus Manager. 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 and Clery 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 & Clery Policy.

 

  • When the witnessed or reported conduct is perpetrated against a student, any (i) supervisory employee, (ii) student services specialist or student liaison, or (iii) educator who possesses that knowledge is expected to immediately report the matter to their supervisor and the Title IX & Clery Coordinator, even if the individual making a report requests that no action be taken.
  • When the witnessed or reported conduct is perpetrated against an employee, any supervisory employee who possesses that knowledge is expected to immediately report the matter to their supervisor and the Coordinator, even if the individual making a report requests that no action be taken.

 

Employees who fail to meet this reporting expectation will be subject to disciplinary action, up to and including termination.

 

Investigatory & Disciplinary Proceedings Under this Policy

This section describes Regency’s policies and procedures that will be followed in all investigations and disciplinary proceedings under the Title IX & Clery Policy, except as otherwise noted. Certain additional and different policies and procedures will apply in Regency’s investigatory and disciplinary proceedings in connection with complaints that involve an allegation of dating violence, domestic violence, stalking, and/or sexual assault specifically. Please see the “Clery Procedures” in this policy below, which describes these supplemental policies and procedures.

 

Regency seeks to conduct a prompt, fair, and impartial process from the initial investigation to the final result.

 

Confidentiality

Regency also 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, 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) identify him or her in connection with the complaint. If the complainant does not provide consent on one or both of these points, Regency will:

 

  • Weigh the request(s) against its broader responsibility to provide an environment free from sex discrimination and sexual harassment for all, considering the totality of the circumstances (the seriousness of the alleged harassment, whether there have been other harassment complaints about the same individual, etc.)
  • Inform the complainant whether it can comply with the request(s), as applicable
    • If the request(s) are not granted, conduct the investigation, while taking steps to maintain confidentiality to the greatest extent possible.
    • If the request(s) are granted, consider whether there are other steps that may be taken in lieu of investigation and/or identification of the complainant.

 

Investigations Under the Title IX & Clery Policy

Each investigation shall be conducted through telephonic and electronic communications by one or more complaint managers based at Regency’s headquarters assigned by the Title IX and Clery Coordinator. 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 based on the facts alleged, 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.

 

Except in extraordinary circumstances or in the case of investigations of reported dating violence, domestic violence, stalking, and/or sexual assault (see Clery Procedures, below), Regency seeks to conclude each such investigation within 30 calendar days. The investigation process generally occurs in three stages:

 

  • Stage 1: Intake of the complaint by the Title IX & Clery Coordinator, including determination of whether an investigation may proceed and the identification of the issues to be determined based on the allegations of the complaint
  • Stage 2: Investigation of the allegations by the Coordinator, or a designated complaint manager, including investigatory interviews and review of any additional evidence
  • Stage 3: Notice of outcome determination including, when applicable, disciplinary action(s) and remedial measure(s)

 

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).

 

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.

 

Outcomes

At the conclusion of the investigation, the complaint manager will consider the evidence and assess the credibility of witnesses in order to make findings as to whether a violation of this 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 & Clery Policy. The complaint manager will give the complainant(s) and subject(s) of the complaint written notification of the outcome (specifically, whether or not a violation of this 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.

 

To request a list of available external counseling and advocacy resources, please contact the Title IX & Clery Coordinator.

 

Except in proceedings addressing complaints of dating violence, domestic violence, stalking, and/or sexual assault (see Clery Procedures, below), 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.

 

Student Appeals

In the event that a student party to a complaint disagrees with the outcome of an investigation under this Title IX & Clery 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

    Fax: 866-553-4166

    Email: StudentAppeals@Regency.edu

 

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 & Clery Policy do not have a right of appeal.

 

Role of the Title IX & Clery Coordinator in the Investigation & Disciplinary Process

The investigatory and disciplinary proceedings under this policy will be overseen by the Title IX & Clery Coordinator. The Coordinator’s role will be to ensure that Regency’s Title IX & Clery Policies and associated 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 Coordinator will:

 

  • Upon receiving a complaint of sex discrimination, sexual harassment, sexual assault, dating violence, domestic violence, or stalking, seek the consent of the complainant to conduct the investigation and disclose his or her identity in connection with the complaint.
  • Provide to complainants alleging sexual assault, dating violence, domestic violence, or stalking with a notice of their rights and options.
  • In the event that a complainant requests that an investigation not be conducted, or that his or her identity not be revealed, communicate the determination on this request to the complainant and direct additional actions as appropriate.
  • Recommend any interim protective measures to be taken during the course of the investigatory and disciplinary proceedings, before any findings are determined. Interim measures will be taken within the context of Regency policies and might include placing a student or students on an absence for investigation, reassigning student rotation, placing an employee on administrative leave, limiting contact between the parties, or other measures. Any such interim protective measures will be maintained as confidential to the extent that maintaining such confidentiality will not impair Regency’s ability to provide the protective measures.
  • When an investigation may proceed, designate the appropriate complaint manager(s) to carry out a prompt and impartial investigation or carry out that investigation himself or herself.
  • Review the procedural requirements for the investigation with the complaint manager, if he or she designates one, including without limitation that: (i) the complainant(s) and subject(s) of the complaint are provided equal opportunity to provide evidence and to identify witnesses; and (ii) that Regency maintain the complaint and investigation confidential to the extent possible.
  • Review the investigation documentation to determine whether the investigation, before it is closed, has been sufficient. Where additional steps are merited, the Coordinator will define those additional steps to be taken by the complaint manager or otherwise prior to concluding the investigation.

 

Clery Procedures

Dating violence, domestic violence, stalking, and/or sexual assault are serious offenses that, when established, will result in disciplinary action up to and including termination from Regency’s program.

 

When Regency receives a report of dating violence, domestic violence, stalking, and/or sexual assault (including rape, statutory rape, incest, or fondling) that occurred within the context of Regency’s educational programs and activities, it will conduct an investigation and disciplinary proceeding. The policies and procedures outlined in this Title IX & Clery Policy (above) will govern the proceedings. Additionally, in the proceedings relating to an allegation of dating violence, domestic violence, stalking, and/or sexual assault, the following additional policies and procedures will also apply:

 

  • The complaint manager will give the complainant(s) and the subject(s) simultaneous written notification (typically by email) of any interim protective measures that have been instituted in response to the complaint.
  • The complaint manager will notify any complainant and subject of the complainant of the date and time of his or her investigative interviews or other proceeding. The complaint manager will endeavor to agree upon a mutually agreeable time with each such individual, but reserves the right to set the time with advance notice.
  • Each complainant and subject of a complaint will be permitted to have another person of his or her choice (excluding witnesses or potential witnesses to the events under investigation) present during any investigative interview or other proceeding, including an advisor of his or her choice. Any such advisor or other person who accompanies a complainant or subject will not be permitted to speak during the process (such as by objecting to questions, addressing the Regency employees conducting the proceeding, or questioning the complainant or subject), or otherwise interrupt or disrupt the process. In short, the advisor or other person may participate as a supportive, but silent, partner.
  • Regency seeks to conclude an investigation of dating violence, domestic violence, stalking, and/or sexual assault within 60 calendar days. The investigation process occurs in the same three stages as outlined above, with the following revised timeframes: Regency seeks to conclude stage 1 within 10 days, stage 2 within 45 additional days; and stage 3 within 5 additional days. At times, an extension of these timeframes may be necessary for good cause. Extensions of the timelines and the reasons for extension, when they occur, will be communicated to the complainant(s) and subject of the complaint in writing.
  • The complaint manager will give the complainant(s) and the subject(s) simultaneous written notification (typically by email) of the final decision in the matter and information about the appeals process available to students. This information will include any disciplinary actions issued to the subject(s) of the complaint and describe the rationale for the result and any disciplinary actions.

 

Reports to Public Law Enforcement Agencies

A complainant who is a victim of dating violence, domestic violence, stalking, and/or sexual assault also has the option—but is not required—to notify public law enforcement authorities. Regency’s Title IX & Clery Coordinator will assist in notifying authorities, upon request, and irrespective of whether the alleged conduct occurred within the context of Regency’s educational programs and activities. Regency will follow its own policies and procedures in connection with such a complaint whether or not a victim decides to notify law enforcement.

 

It is important for those who believe they have been subjected to crimes of dating violence, domestic violence, stalking, and/or sexual assault to preserve evidence of the incident as it may be necessary to prove a crime or to obtain a protective order.

 

Victims of domestic violence, dating violence, and sexual assault may choose to go to the hospital where they will receive a medical examination to treat injuries and (in the case of sexual assault) address concerns about sexually transmitted diseases and pregnancy. In addition, evidence can be collected that can be critical in documenting the injuries and\or proving the identity of the assailant. In seeking out such an examination, a victim will not be required to file a police report; however, should a victim ultimately decide to make a report, seek a protective order, and/or pursue criminal charges, such medical evidence may prove valuable. The best evidence is collected within twelve (12) hours of the assault, but you should not assume that it is too late if more than 12 hours have passed. Instead, reach out to one of the many resources available for guidance.

 

Victims of stalking are likewise urged to preserve evidence of the stalking conduct (such as text messages, other relevant smart phone data or social media activity, and photographs and audio recordings where they can be safely obtained).

 

Anti-Retaliation Policy

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 & Clery Coordinator.

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