Academy Di Capelli (ADC) intends to provide an environment that is pleasant, professional, and free from intimidation, hostility or inappropriate behavior. Harassment of any sort will not be tolerated. ADC’s policy prohibits harassment or discrimination based on race, religion, creed, color, national origin, ancestry, sex (including pregnancy, childbirth, or related medical conditions), military or veteran status, physical or mental disability, medical condition, marital status, age, sexual orientation, gender, gender identity or expression, genetic information, or any other basis protected by the federal, state, or local law. Additionally, in accordance with Title IX of the Education Amendments of 1972, ADC prohibits discrimination based on sex, which includes sexual harassment and sexual violence, and ADC has jurisdiction over the investigation of Title IX complaints.
Title IX applies to all of ADC’s educational programs or activities, whether such programs or activities occur on-campus or at an off-campus events. ADC’s anti-harassment and discrimination policy applies to all persons involved in the operation of the school and prohibits unlawful harassment and discrimination by any employee of ADC, as well as students, customers or service guests, third parties, vendors, or anyone who does business with ADC. It further extends to prohibit unlawful harassment by or against students.
This policy strictly prohibits sexual or other unlawful harassment or discrimination, as well as sexual violence, dating violence, domestic violence and stalking, as defined below. Sexual or other unlawful harassment or discrimination that includes any verbal, physical, or visual conduct, racial epithets, slurs and derogatory remarks, stereotypes, jokes, posters or cartoons based on race, religion, creed, color, national origin, ancestry, sex (including pregnancy, childbirth, or related medical conditions), military or veteran status, physical or mental disability, medical condition, marital status, age, sexual orientation, gender, gender identity or expression, genetic information, or any other basis protected by the federal, state, or local law basis if:
Sexual harassment is conduct based on sex, whether directed toward 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 are strictly prohibited, even if those acts do not involve conduct of a sexual nature.
Any employee, student, or contract worker who violates this policy will be subject to disciplinary action. To the extent a customer or service guest, vendor, or other person with whom ADC does business engages in unlawful harassment or discrimination, ADC will take appropriate corrective action. The grievance procedure will provide that grievances may be filed about discrimination in any academic, educational, extracurricular, athletic, or other programs operated or sponsored by, or related to, ADC, whether the programs take place on the campus of the school, during a school-sponsored field trip, or during other off-campus events.
As part of ADC’s commitment to providing a harassment-free working and learning environment, this policy shall be disseminated to the school community through publications such as the school’s website, new employee orientations, student orientations, and other appropriate channels of communication. ADC will provide training to key staff members to enable them to handle any allegations of discrimination and harassment, including sexual harassment or sexual violence, promptly and effectively. ADC will respond quickly to all reports, and will take appropriate action to prevent, to correct, and, if necessary, to discipline behavior that violates this policy.
Definitions Relating to Sexual Discrimination:
Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with a victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.
Domestic Violence: A felony or misdemeanor crime of violence committed by:
Sex Discrimination: Treating individuals differently on the basis of sex with regard to any aspect of services, benefits, or opportunities ADC provides, such as:
Sexual Harassment: Conduct on the basis of sex that satisfies one or more of the following:
Sexual Violence: A physical sexual acts engaged in without the consent of the other person or when the other person is unable to consent to the activity. Sexual violence includes sexual assault, rape, battery, and sexual coercion; domestic violence; dating violence; and stalking.
Stalking Definition: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
General Definitions:
Actual knowledge: Notice of sexual harassment or allegations of sexual harassment to a recipient’s Title IX Coordinator or any official of the recipient who has authority to institute corrective measures on behalf of the recipient.
Campus: Any building or property owned or controlled by ADC within the same reasonably contiguous geographic area of ADC and used by ADC in direct support of, or in a manner related to, ADC’s educational purposes; and property within the same reasonably contiguous geographic area of ADC that is owned by the ADC but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).
Complainant: An individual who is alleged to be the victim of conduct that could constitute sexual harassment. Any third-party, as well as the complainant, may report sexual harassment. While parents and guardians do not become complainants (or respondents); however, ADC recognizes the legal rights of parents and guardians to act on behalf of parties (including by filing formal complaints) in Title IX matters.
Consent: An affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity that is informed, voluntary, and revocable. It must be given without coercion, force, threats, or intimidation. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. Once consent is withdrawn, the sexual activity must stop immediately.
Corrective measures: Actions taken to address a security breach or privacy violation, with the intent to counteract the breach or violation and reduce future risks. The school’s owners are the school’s designated officials who have the authority to institute corrective measures.
Formal complaint: A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the school investigate the allegation of sexual harassment.
Public property: All public property that is within the same reasonably contiguous geographic area of ADC, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by ADC if the facility is used by the institution in direct support of, or in a manner related to ADC’s educational purposes.
Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
Sexual assault: An offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Sexual assault occurs when a physical sexual activity is engaged in without the consent of the other person or when the other person is unable to consent to the activity. The activity or conduct may include physical force, violence, threat, or intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through the use of drugs or alcohol, and taking advantage of the other person’s incapacitation (including voluntary intoxication).
Supportive measures: Individualized services reasonably available that are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment. Examples of supportive measures include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.
Rape shield protections: Protections that limit or prohibit the use of evidence of a victim’s past sexual history to undermine that victim’s credibility. The purpose of rape shield laws is to protect victims from the emotional distress of being cross-examined about their sexual history on the witness stand. Evidence regarding the victim’s reputation and evidence of past sexual behavior not related to the rape accusation at hand is prohibited.
Reporters:
We encourage all individuals who have a Title IX complaint to meet with the Title IX Coordinator to begin the formal grievance process. If an owner or staff member, who is not the Title IX Coordinator, is informed of a Title IX complaint they must notify the Title IX Coordinator of the complaint immediately, as long as they have the Complainant’s consent that they can report the incident to the Title IX Coordinator. The Title IX Coordinator is the only school employee that a complainant may discuss Title IX allegations with that are required under the school’s policy to be obligated to inform the Title IX Coordinator of information that they received, as long as the Complainant grants that authority. Once any of these reports are notified of complaint allegations the notice triggers the start of the complaint process by the Title IX Coordinator.
Complaint/Grievance Procedure:
The following grievance procedures shall be used to address sex discrimination complaints filed by students/ employees or complaints filed on their behalf against employees, other students, or third parties.
Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by e-mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time, including during non-business hours, by using the telephone number or e-mail address, or by mail to the office address, listed below for the Title IX Coordinator. Only a complainant may file a formal complaint that initiates a Title IX grievance procedure.
If you believe that you have experienced or witnessed harassment or sexual violence, you need to notify the Title IX coordinator as soon as possible after the incident. 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, customer or service guest, or other person who does business with the school is exempt from the prohibitions in this policy. If a school employee is informed of a Title IX complaint, such employee will refer all harassment complaints to the Title IX coordinator. In order to facilitate the investigation, your complaint should include details of the incident or incidents, dates and times, names of the individuals involved, and names of any witnesses. A sex discrimination complaint should be filed within seven (7) days from the date of the alleged discriminatory incident in order for the school to take timely and appropriate action. All documentation pertaining to the complaint/grievance process will be confidential. The complaint/ grievance once received will be maintained in the Title IX Coordinator’s office, which has limited staff access.
All complaints involving a student, employee, contract worker, vendor, customer or service guest, or other person who does business with the school will be referred to the campus’s Title IX Coordinator to begin the complaint process outline in this policy. The Title IX Coordinator is listed below and has the responsibility of Intake reports and complaints, initiating the formal complaint process, and providing supportive measures to both the complainant and respondent.
If the school has actual knowledge of sexual harassment in an educational program or activity at the school, against a person in the United States, they will respond promptly in a manner that is not deliberately indifferent. A school is considered deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances.
Title IX Coordinator:
Christine Papale
203-294-9496
950 Yale Avenue, Unit 20
Wallingford, CT 06492
christine@academydicapelli.com
ADC ensures that its Title IX Coordinator(s), Investigator(s), Decision-Maker(s), and Informal Resolution Facilitator(s) have adequate training on what constitutes sexual harassment, including sexual violence, dating violence, domestic violence, sex discrimination, and stalking, and that they understand how the school’s grievance procedures operate. Please refer to the end of this policy for a listing of the various roles of individuals involved in the Title IX process, their responsibilities, and training requirements.
When a complaint or report of sexual harassment is made under ADC’s policy, the Title IX Coordinator will: (1) confidentially contact the complainant to offer supportive measures, consider the complainant’s wishes with respect to supportive measures, and inform them of the availability of supportive measures with or without filing a formal complaint; (2) explain the process for how to file a formal complaint; (3) inform the complainant that any report made in good faith will not result in discipline; and (4) respect the complainant’s wishes with respect to whether to investigate unless the Title IX Coordinator determines it is necessary to pursue the complaint in light of a health or safety concern for the community.
The respondent is also eligible for the same supportive measures that the complainant has available. ADC will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the school to provide the supportive measures. ADC’s Title IX Coordinator shall be responsible for coordinating the effective implementation of all supportive measures that will be provided before sanctions in any grievance procedure are imposed.
Once a formal complaint has been filed, ADC will provide a written notice to each of the parties involved, which will include a copy of the ADC’s written grievance procedure a list of the allegations, including specific information regarding the allegations, and a notice that the parties have a right to an advisor. The advisor should not be a lawyer. If during the investigation additional allegations are investigated, then a new notice must be provided to the parties, which identifies the new issues.
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 school’s disciplinary process. To the extent that an employee or contract worker is not satisfied with the school’s handling of a harassment or discrimination complaint, he or she may also contact the appropriate state or federal enforcement agency for legal relief.
ADC will make appropriate referrals to law enforcement. ADC will also notify complainants of the right to proceed with a criminal investigation and a Title IX complaint simultaneously. ADC will not wait for the criminal investigation or criminal proceeding to be concluded before beginning its own investigation.
Investigation of Allegations
In response to all complaints, the school will ensure prompt and equitable resolution through a reliable and impartial investigation of the allegations, including the opportunity for both parties to present witnesses or other evidence. The school will follow its written grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures, against a respondent. During this process the school will not restrict an individual’s rights protected under the U.S. Constitution, including the First Amendment, Fifth Amendment, and Fourteenth Amendment, when complying with Title IX.
ADC shall respect the complainant’s wishes with respect to whether the school investigates should be respected unless the Title IX Coordinator determines that signing a formal complaint to initiate an investigation over the wishes of the complainant is not clearly unreasonable in light of the known circumstances.
If the allegations in a formal complaint do not meet the definition of sexual harassment, or did not occur in ADC’s education program or activity against a person in the United States, ADC shall dismiss such allegations for purposes of Title IX but may still address the allegations in any manner ADC deems appropriate under ADC’s Student Standards of Conduct, which is published in the school’s catalog. ADC may also dismiss a complaint if: the complainant withdraws the complaint; if the respondent is no longer enrolled or employed at ADC; or if circumstances prevent institution from being able to investigate the complaint allegations. In this case, each party needs to be notified that the complaint has been dismissed and the reasons why it has been dismissed.
The time necessary to conduct an investigation will vary based on complexity of the allegation but will generally be completed within sixty (60) days of receipt of the complaint, which includes appeals and informal resolutions, with an allowance for short-term and good cause delays or extensions of the time frame. If a complainant requests confidentiality, ADC will take all reasonable steps to investigate and respond to the complaint consistent with the request. If a complainant insists that his or her name or other identifiable information not be disclosed to the alleged perpetrator, the school will inform the complainant that its ability to respond may be limited.
The preponderance of the evidence standard will apply to investigations, meaning the school will evaluate whether it is more likely than not that the alleged conduct occurred.
During the investigation, ADC will provide interim measures, as necessary, to protect the safety and well-being of students and/or employees involved and are designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party and to protect the safety of all parties, ADC’s educational environment, or deter sexual harassment.
ADC will investigate the allegations in any formal complaint and send written notice to both parties (complainants and respondents) of the allegations upon receipt of a formal complaint. The Title IX Coordinator has the responsibility of investigating the complaint allegations; however, if it is in the best interest of the parties involved the school may choose another employee or hire a third-party to conduct the investigation.
During the grievance process, and when investigating the complaint allegations, ADC will abide by the following procedures:
Live Hearing Process
In order to promote a fair and expeditious hearing, the parties and their advisors will attend a pre-hearing conference with the Decision-Maker. The pre-hearing conference assures that the parties and their advisors understand the hearing process and allows for significant issues to be addressed in advance of the hearing. The hearing will be conducted in a respectful manner that promotes fairness and accurate factfinding and that complies with the rules of conduct.
While the hearing is not intended to be a repeat of the investigation, the parties will be provided with an equal opportunity for their advisors to conduct cross-examination of the other party and of relevant witnesses. A typical hearing may include: brief opening remarks by the Decision-Maker; questions posed by the Decision-Maker to one or both of the parties; cross-examination by either party’s advisor of the other party and relevant witnesses; and questions posed by the Decision-Maker to any relevant witnesses. The parties and witnesses will address only the Decision-Maker, and not each other. Only the Decision-Maker and the parties’ advisors may question witnesses and parties.
When it is an individual’s turn to appear before the decision -maker, that person will appear separately before the panel and may bring notes for their reference. The Decision-Maker may ask any individual for a copy of or to inspect their notes. The complainant and respondent may be accompanied by or may otherwise be in contact with their advisor at all times. If the hearing is conducted wholly or partially through video conference, an administrator will ensure that each party has the opportunity to appear before or speak directly to the hearing panel and to appropriately participate in the questioning process. The live hearing provides for the opportunity for all parties’ advisors to examine and cross-examine witnesses, including challenging the credibility of witnesses. Hearsay statements and irrelevant information is are not permitted.
If either party does not have an advisor present at the live hearing, ADC will provide, at no cost to that party, an advisor of the ADC’s choice who may be, but is not required to be, an attorney to conduct cross- examination on behalf of that party. Only the advisor may cross-examine the witnesses.
If a party or witness does not submit to cross-examination at the live hearing, the Decision-Maker(s) must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the Decision-Maker(s) cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.
Live hearings may be conducted with all parties physically present in the same geographic location or, at the school’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually. All live hearings will be closed to the public and witnesses will be present only during their testimony. For live hearings that use technology, the Decision-Maker shall ensure that appropriate protections are in place to maintain confidentiality. As a part of the process, ADC will create an audio or audiovisual recording, or transcript, of any live hearing, as a part of the record.
Final Determination of the Investigation
The Decision-Maker will issue a written determination following the review of evidence. The written determination will include: (1) identification of allegations potentially constituting sexual harassment as defined in 34 C.F.R. § 106.30; (2) a description of the procedural steps taken from the receipt of the complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather evidence; (3) findings of fact supporting the determination, conclusions regarding the application of this formal grievance process to the facts; (4) a statement of, and rationale for, the result as to each allegation, including any determination regarding responsibility, any disciplinary sanctions the Decision-Maker imposed on the respondent that directly relate to the complainant, and whether remedies designed to restore or preserve equal access to the school’s education program or activity will be provided to the complainant; and (5) procedures and permissible bases for the parties to appeal the determination. The written determination will be provided to the parties simultaneously. Remedies and supportive measures that do not impact the respondent should not be disclosed in the written determination; rather the determination should simply state that remedies will be provided to the complainant.
When a respondent is found responsible for the prohibited behavior as alleged, sanctions are based on the severity and circumstances of the behavior. Disciplinary actions or consequences can range from a conference with the respondent and a school official through suspension or expulsion. When a respondent is found responsible for the prohibited behavior as alleged, remedies must be provided to the complainant. Remedies are designed to maintain the complainant’s equal access to education and may include supportive measures or remedies that are punitive or would pose a burden to the respondent.
Appeal Process
Each party may appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility. To appeal, a party must submit their written appeal within five business days of being notified of the decision, including the grounds for the appeal. The grounds for appeal are as follows: Procedural irregularity that affected the outcome of the matter (i.e., a failure to follow the institution’s own procedures); New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; The Title IX Coordinator, investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter. The submission of an appeal stays any sanctions for the pendency of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal. If a party appeals, ADC will as soon as practicable notify the other party in writing of the appeal; however, the time for appeal shall be offered equitably to all parties and shall not be extended for any party solely because the other party filed an appeal. Appeals will be decided by an individual, who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or Decision-Maker in the same matter.
Informal Resolution
ADC provides the opportunity for the parties involved in the formal complaint allegations to facilitate an informal resolution, such as mediation, so long as both parties give voluntary, informed, written consent to attempt an informal resolution. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint. ADC will provide written notice to the parties of the allegations, requirements of the resolution process, and any limitations.
If the complaint allegations are in regard to an ADC employee sexually harassing a student, the opportunity for an informal resolution is not available.
Retaliation Prohibited
ADC prohibits any form of retaliation, intimidation, threats, coercion, discrimination, or harassment against any individual who filed or otherwise participated in the filing or investigation of a complaint of discrimination. Actions do not have to be on the basis of sex or involve sexual harassment to constitution retaliation. Retaliation complaints may use the same grievance process as sexual harassment complaints. Any individual who believes he or she has been subjected to retaliation may file a separate complaint under this procedure. ADC 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 a Title IX proceeding, which does not constitute retaliation.
The following circumstances do not constitute retaliation, including:
Reporting Requirements
Victims of sexual misconduct should be aware that school 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. ADC will make every effort to ensure that a victim’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. ADC reserves the right to notify parents/guardians of dependent students regarding any health or safety risk or a change in student status. ADC notify the local police department of any crimes that have been brought to their attention.
Any allegations or violations of Title IX will be reported to ADC’s Clery Act coordinator to be included in ADC’s annual reporting requirements.
Record Keeping
All records of the Title IX formal complaint including, the investigation, evidence, decision making process, hearings, and decision letters will be maintained by the school for at least 7 years.
Required Training
ADC’s Title IX Coordinator, Investigator, Decision-Maker, or any person designated by ADC to facilitate an informal resolution process, must not have a conflict of interest or bias for or against complainants or respondents generally, or an individual complainant or respondent. Each individual that is part of the Title IX process is required to take training that includes how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. Part of the required training is to ensure that Title IX Coordinators, investigators, Decision-Makers, and any person who facilitates an informal resolution process, receive training on the definition of sexual harassment, the scope of the school’s education program or activity, how to serve impartially, how to make relevancy determinations, how to conduct an investigation and grievance process including hearings, appeals and informal resolution.
ADC will provide the Decision-Maker(s) with training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant. ADC will also ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence. Any materials used to train Title IX Coordinators, Investigators, Decision-Makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.
Additional Information
Employees and 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 (“OCR”) 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. For more information, visit the OCR website at: http://www2.ed.gov/about/offices/list/ocr/index.html.
East Hartford: (860)461-0697
Wallingford: (203)294-9496
FAFSA CODE 041043
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