SBA Title IX Policy

SBA Title IX Policy

RANDOLPH-MACON ACADEMY TITLE IX POLICY

Title VI Non-Discrimination Policy

Effective Date:  20 April 2020

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.

Randolph-Macon Academy does not does not exclude from participation in, deny the benefits of, or subject any individual to discrimination on the basis of race, color, or national origin.  This policy applies to all programs, services, and facilities, including applications, admissions, and employment. 

 

Title IX Notice of Nondiscrimination

and Statement of Policy1

In compliance with Title IX, Randolph-Macon Academy (the “Academy”) does not discriminate on the basis of sex in the educational programs or activities that it operates. The Academy is committed to providing an academic and work environment free from sexual harassment. This policy defines sexual harassment and provides a procedure for the investigation and adjudication of complaints of sexual harassment brought by or against any Academy employee or student.

Questions about the Academy’s Title IX compliance efforts may be referred to the Academy’s Title IX Coordinator, whose contact information is provided below, or to the United States Department of Education’s Office for Civil Rights.

Randolph-Macon Academy Title IX Coordinator:

Ms. Krista Peacock
200 Academy Drive
Front Royal, VA 22630
(540) 636-5213
 

This policy protects Academy students, employees, and volunteers in every Academy program and activity, whether educational, extracurricular, or athletic in nature. This policy applies regardless of where these programs and activities take place.

No provision of this policy shall be interpreted to prohibit conduct that is legitimately related to the course content, teaching methods, scholarship, or public commentary of an individual faculty member or the educational, political, artistic, or literary expression of students in classrooms and public forums.

1This Policy is effective on 20 April 2020. This Policy is only required until the SBA loan is paid or forgiven, and the Academy has discretion to withdraw this Policy at that time.

Definitions

Complainant: An individual who reports an allegation of Sexual Misconduct. The Complainant may be, but is not necessarily, the target of the alleged Sexual Misconduct. 

Investigator: The individual assigned by the Academy’s Title IX Coordinator to investigate an alleged violation of this policy.

Parties: The Complainant and Respondent. If the Complainant is not the individual against or to whom the alleged conduct was directed, the “Parties” shall refer to the Respondent and to the individual against whom the alleged conduct was directed.

Respondent: An individual alleged to have violated this policy.

Sexual Harassment: Sexual harassment is unwelcome sexual conduct of any kind that creates an offensive or hostile work environment. Sexual harassment includes unwelcome sexual advances (such as repeatedly asking a coworker on a date after previous rejections), requests for sexual favors (including for communications or photographs of a sexual nature), and any other unwelcome conduct of a sexual nature (for example, sending unsolicited nude photographs).

Sexual harassment includes quid pro quo harassment or hostile environment harassment. Quid pro quo sexual harassment is when a term or condition of employment or academic status, or any other thing of value, is conditioned on acquiescence to sexual harassment or when submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding Academy benefits, services, honors, programs, or activities. Hostile work environment sexual harassment is any sexual harassment that is, from the perspective of a reasonable person, so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the Academy’s education program or activity.

Sexual Misconduct: Sexual Misconduct is any act meeting the definitions of Sexual Harassment or Sexual Violence under this policy.

Sexual Violence: Sexual Violence refers to physical acts perpetrated against a person’s will or when a person is incapable of giving consent due to the victim’s age, use of drugs or alcohol, or due to an intellectual or other disability. Sexual Violence includes, but is not limited to, the following: rape, sexual assault, sexual battery, and sexual coercion.

Reporting Allegations of Sexual Misconduct

Who May File a Complaint

Any person who believes they have been discriminated against or harassed by a student, employee, or third party in violation of this policy. All Academy employees, other than licensed mental health or pastoral counselors serving in that capacity, are required to report allegations of harassment they witness or otherwise become aware of to the Academy’s Title IX Coordinator as soon as possible.

Where to File a Complaint

Persons who wish to report an allegation of Sexual Misconduct should contact the Academy’s Title IX Coordinator:

Ms. Krista Peacock
200 Academy Drive
Front Royal, VA 22630
(540) 636-5213
 

Privileged or Confidential Reporting

All Academy employees are required to report Sexual Misconduct which they witness or otherwise become aware of. As such, Academy employees are encouraged to inform any person whom they suspect intends to disclose an allegation of Sexual Misconduct of the employee’s obligation to report the allegation to the Academy’s Title IX Coordinator.

Individuals who wish to discuss allegations of Sexual Misconduct confidentially may do so with professional, licensed mental health and pastoral counselors who provide mental health counseling to Academy students and employees.

Intake and Processing of the Complaint

The Academy encourages Complainants to submit their allegations in writing but will accept and investigate allegations of Sexual Misconduct regardless of the form in which they are made.

The Academy will investigate all allegations that, if proved true, would constitute violations of this policy, regardless of the delay in reporting the conduct. However, the Academy strongly encourages reporting within 30 days of the alleged conduct as delays in filing impede the Academy’s ability to investigate and remedy the conduct.

Upon receiving an allegation of Sexual Misconduct, the Academy’s Title IX Coordinator, or their designee, will:

  • Immediately assess the health and safety implications of the allegation, including its potential ongoing impact on the victim and campus community. 
  • As appropriate, implement interim measures to protect the parties.
    • Interim measures may include rescheduling classes, mutual no-contact orders, and other changes to academic, working, or living arrangements.
  • Advise the parties of their option to resolve the complaint informally, including by formal and informal mediation.
  • Advise the Complainant of their right to file a complaint with the Department of Education’s Office for Civil Rights and/or appropriate law enforcement agencies.
    • The Academy will investigate and adjudicate allegations of Sexual Misconduct regardless of whether any law enforcement or other governmental agency also investigates the matter. The Academy will comply with law enforcement requests that it suspend or otherwise alter its investigation in order to facilitate the law enforcement investigation.
  • Determine whether the alleged conduct, if proved true, would violate this policy. If the alleged conduct, even if proved true, would not violate this policy, the Title IX Coordinator may dismiss the complaint and conclude the Academy’s investigation.
    • If the Title IX Coordinator determines that the alleged conduct, if proved true, would violate this policy, they will initiate an investigation.

Confidentiality of the Process

Investigations are best conducted within a confidential climate. Therefore, the Academy does not reveal information about ongoing investigations except as necessary to fulfill its legal obligations. The Academy will keep the investigation confidential to the extent possible, but it cannot guarantee absolute confidentiality because release of some information on a “need-to-know” basis is essential to a thorough investigation and to protect the rights of Respondents during the investigation process and any ensuing discipline.

Investigation and Determination

Investigation

If the Title IX Coordinator, or designee, determines that the Academy will investigate the conduct, they shall authorize and initiate an investigation that is prompt, thorough, and impartial and is conducted by qualified, trained personnel who are free from bias and conflict of interest. Upon appointing the Investigator(s), the Title IX Coordinator shall provide written notice to the Parties of the allegations constituting a potential violation of this policy, as well as a copy of this policy. If, at any point prior to a final determination regarding the alleged violation, the Academy expands the investigation to address policy violations not identified in the notice, the Title IX Coordinator shall issue an amended notice identifying the additional potential violations.

The Investigator(s) shall determine, in their sole discretion, the manner in which the investigation is conducted. Investigators may use any, or none, of the following procedures to collect and evaluate evidence: interviews with the Parties, interviews with third-party witnesses, reviewing relevant documents, and/or visiting locations at which the alleged conduct took place. The Parties shall have an equal opportunity to present and suggest evidence and witnesses to the Investigator(s).

Determination and Written Report

The Investigator(s) shall issue a written report regarding whether the alleged conduct occurred and shall recommend any disciplinary action they deem appropriate. The Investigator(s) shall apply a preponderance of the evidence standard in reaching their conclusions. The Investigator(s) shall set forth their determination, recommendation, and reasoning therefor in a written report. The Title IX Coordinator shall review the Investigator(s) report and may request additional investigation. The Title IX Coordinator shall determine whether the conduct occurred and whether disciplinary action is warranted and, if so, shall determine the appropriate action.

The Title IX Coordinator shall simultaneously notify the parties of the investigation’s outcome. The Complainant shall notified regarding whether the Academy determined that the alleged conduct occurred, any individual remedies offered to the Complainant or any sanctions imposed on the Respondent that directly relate to the Complainant, and other steps the Academy has taken to eliminate the hostile environment, if the Academy found one to exist. This notice will be provided to the parents of students under the age of 18 and directly to students who are 18 years of age or older.

Discipline and Corrective Action

If harassment, discrimination, or retaliation occurred in violation of this policy, the Academy shall take disciplinary action against the Respondent and any other remedial action it determines to be appropriate. The action will be prompt, effective, and commensurate with the severity of the offense. Remedies for the Complainant may include the following:

  • Providing an escort to ensure that the Complainant can move safely between classes and activities;
  • Ensuring that the Complainant and Respondent do not attend the same classes or work in the same work area;
  • Preventing offending third parties from entering campus or otherwise participating in Academy Programs and Activities;
  • Providing counseling services or a referral to counseling services;
  • Providing medical services or a referral to medical services;
  • Providing academic support services, such as tutoring;
  • Arranging for a student-complainant to retake a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the Complainant’s academic record; and
  • Reviewing any disciplinary actions taken against the Complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the Complainant being disciplined.

Disciplinary actions against faculty, staff, and students will conform to all relevant statutes, regulations, personnel policies, and procedures.

The Academy will also take reasonable steps to protect the Complainant from further harassment or discrimination, and to protect the Complainant and witnesses, including the Respondent, from retaliation as a result of communicating the complaint or otherwise participating in the investigation.

The Academy will ensure that the Parties and witnesses know how to report any subsequent problems, and may follow-up with the Parties to determine whether any retaliation or new incidents of harassment have occurred. The Academy shall take reasonable steps to ensure the confidentiality of the investigation and to protect the privacy of all parties to the extent possible without impeding the Academy’s ability to investigate and respond effectively to the complaint.

If the Academy cannot take disciplinary action against the Respondent because the Complainant refuses to participate in the investigation, it may pursue other steps to limit the effects of the alleged harassment and prevent its recurrence.

Appeals

If the Academy imposes discipline against a student or employee as a result of the findings in its investigation, the student or employee may appeal the decision using the Academy’s procedure for appealing a disciplinary decision.

The Parties may appeal the Title IX Coordinator’s determinations on the following grounds only:

1.     Procedural irregularity that affected the outcome;

2.     New evidence that was not reasonably available at the time the determination was made and that could affect the outcome; and

3.     The Title IX Coordinator or Investigator(s) had a conflict of interest or bias that affected the outcome.

 

Appeals must be submitted to the Title IX Coordinator in writing within [20] days of the Parties’ receiving notification of the outcome. Appeals must identify the ground for the appeal and the relevant facts supporting the appeal.

The President of the Academy, David C. Wesley (Wesley@rma.edu), may investigate the factual basis for the appeal and shall issue a written determination regarding the appeal within [30] days of receiving it, unless circumstances render that timeline impractical. There shall be no appeals from this determination. 

 

Title IX Complaint Form

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) prohibits discrimination based on the sex or gender of students and employees of the School. When you complete and sign this form, please submit it to the School’s Title IX Coordinator:

Krista Peacock
Director of Human Resources and Title IX Coordinator
200 Academy Drive
Front Royal, VA 22630
(540) 636-5215
 

You do not have to use this form to file a complaint.

Name of person filing this complaint: ______________________________________________________

 

Relationship to School: ⃝ Student ⃝ Employee ⃝ Other

 

Address: _____________________________________________________________________________

 

Telephone number:____________________________ Email address:_________________________________

 

Name of person discriminated against (if other than person filing): _______________________________________________________________________________________

 

Relationship to School: ⃝ Student ⃝ Employee ⃝ Other

 

Address: _____________________________________________________________________________

 

Telephone number:____________________________ Email address:_________________________________

 

Please describe the discrimination in the space provided on the reverse side. Please include the date the discrimination occurred, the name of each person involved and, why you believe the discrimination was because of sex, gender, gender identity, or gender expression. Please provide the names of any person who was present and witnessed the act of discrimination. (Attach additional pages as necessary.)

 

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What would you like the School to do as a result of your complaint--What remedy are you seeking?

 

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Signature: ________________________________________________ Date:________________________

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Reasonable Accommodation of Disabilities (for Students)

Effective Date:  20 April 2020

Randolph-Macon Academy (the “Academy”) adheres to the requirements of Title III of the Americans with Disabilities Act and applicable requirements of Section 504 of the Rehabilitation Act, and all other applicable laws prohibiting discrimination against individuals with disabilities. These laws prohibit discrimination against individuals with disabilities in public accommodations, as well as the exclusion of qualified individuals with disabilities from participation and/or the benefits of any Academy program or activity solely by reason of the individual’s disability. As part of this policy, applicants and students (hereinafter “student”) with disabilities, or their parents/guardians (hereinafter “parents”), may request reasonable accommodations that would permit the student full and equal access to the goods, services and operations of the Academy, which include both physical and programmatic (academic services) access and Academy-sponsored activities, such as field trips.

Request for Accommodation

Parents of a student with a disability who want to request a reasonable accommodation in order for the student to access the goods, services or operations of the Academy, shall make a request in writing to the Ms. Krista Peacock.

The request must identify: a) the benefits, goods, services, or operations to which the student requests full and equal access; and b) the desired accommodation(s) being requested.  For the purposes of this policy, verbal requests for accommodation shall also be deemed requests for accommodation; however, the Academy may ask that verbal requests for accommodation be followed up by a request in writing.

Notice of Need for Accommodation

Circumstances may arise that provide reasonable notice to the Academy that an individual student may have a disability that may require the student be provided reasonable accommodation, whether or not the Academy receives verbal or written request for such accommodation.  In the event the Academy does receive such reasonable notice of a possible need for accommodation, the Academy will discuss with the student and the student’s parents to determine whether a reasonable accommodation is being requested and/or is required.

Reasonable Documentation of Disability

Upon receipt of a written or verbal request for accommodation, or pursuant to any conversation regarding whether a reasonable accommodation is being requested and/or is required, the Academy may require such additional information as reasonably necessary to establish the nature and extent of the disability in question and the accommodation(s) being requested for that disability.

Case-by-Case Determination

The Academy will address each case involving disability accommodation issues on a case-by-case basis.  The nature and extent of the reasonable accommodations provided by the Academy to the student, if any, shall be made in accordance with all applicable laws prohibiting discrimination on the basis of disability.  Subject to those laws, the Academy reserves the right, in its sole discretion, to determine what reasonable accommodations, if any, to provide to a student in a given case.  The Academy will inform the student and the student’s parents in writing of its decision as to reasonable accommodation(s).  The Academy will not provide accommodation(s) that would pose an undue burden upon its finances or operations, or that would endanger the health or safety of the student or others, or that would fundamentally alter the nature of the Academy or its goods, services or operations.

Please direct any questions concerning this policy to Krista Peacock at kpeacok@rma.edu.

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Policy Against Age Discrimination (for Students)

Effective Date:  20 April 2020

Randolph-Macon Academy (the “Academy”) adheres to the requirements of the Age Discrimination Act of 1975, which prohibits any person, on the basis of age, to be excluded from participation in, denied the benefits of, or subjected to discrimination by any Academy program or activity.  Please note that the Academy reasonably uses age as a factor with regard to students and student applicants, which is necessary under the Academy’s normal operations, as is permissible under applicable laws.  

Please direct any questions concerning this policy to the Academy’s Age Discrimination Act Coordinator:  Ms. Krista Peacock at kpeacock@rma.edu

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