Title IX: Sexual Assault/Harassment Policy
Title IX of the Education Amendments of 1972 prohibits sex discrimination and harassment in education. It has been used to promote equity in education by making sure that girls and women receive equal resources and treatment in the classroom and forging the way for the establishment of women’s athletic programs. Title IX also includes provisions that hold schools liable for sex discrimination and harassment.
Title IX states:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
Why does Title IX exist?
Congress enacted Title IX to prohibit sex discrimination in any education program or activity—public or private—receiving federal funds.
The Department of Education’s Office for Civil Rights (OCR) is the primary federal agency responsible for enforcing Title IX.
How does Title IX protect me?
Title IX’s prohibition against sex discrimination is broad, protecting students, faculty, and staff in federally funded education programs. The law applies to every aspect of the program, such as admissions, recruitment, academics, employment, and student services.
Notably, Title IX’s broad prohibition against sex discrimination also includes sexual harassment. (Sexual harassment is defined as unwelcome conduct of a sexual nature. Sexual assault and rape are severe types of sexual harassment).
Reports of Sexual Harassment/Discrimination
Any member of the Arnold’s Beauty School community may report conduct that may constitute sexual harassment under this policy. In addition, administrators, faculty, and other designated employees are responsible for preventing sexual harassment, to correct it when it occurs, and to report it promptly to the Title IX Coordinator designated to review and investigate sexual harassment complaints:
Title IX Coordinator
Financial Aid Officer
Arnold’s Beauty School
1179 S. 2nd St.
Milan, Tn 38358
Sexual Harassment / Sexual Assault Policy
Arnold’s Beauty School reaffirms the principle that its students, faculty, and staff have a right to work and pursue education in an environment free of sexual discrimination, sexual harassment and sexual assault. This kind of sexual misconduct seriously undermines the atmosphere of trust and respect that is essential to a healthy work and academic environment. The policy adopted by Arnold’s Beauty School attempts to sensitize, inform, and enforce a strict code of conduct for all members of the School’s community. Any constituent of the School who has knowledge of an offense is encouraged to report promptly all complaints about sexual discrimination, sexual harassment, and sexual assault to the Office of Human Resources. Employees found to be in violation of this policy shall be subject to disciplinary action which may include verbal or written reprimand, demotion, transfer, suspension or termination.
Sexual misconduct is reprehensible conduct that absolutely will not be tolerated. The School abhors the abuse potentially inherent in sexual relationships between faculty/staff members and students, as well as, between supervisors and subordinates. Moreover, the School recognizes that sexual misconduct may occur between persons of the same institutional status (peers). Such instances of behavior between or among members of the educational community that create an unacceptable environment will not be tolerated.
A. Definition and Examples of Sexual Harassment
Sexual harassment is a form of sex discrimination, which is prohibited. For the purpose of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature, and any other offensive behavior based upon sex when:
1. submission to such conduct is made either explicitly or implicitly a term or condition of employment;
2. submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions; and
3. submission to or rejection of such conduct interferes with an individual’s academic or work performance or creates an intimidating, hostile, or offensive academic or working environment.
Specific examples of behaviors that are encompassed in this definition and are considered forms of sexual harassment include but are not limited to the following:
1. gender harassment, including sexist statements and behavior that convey insulting, degrading, or sexist attitudes;
2. sexual bribery or coercion involving solicitation of sexual activity or other sex-linked behavior by promise of reward or threat of punishment, such as threats or insinuations that a person’s employment, wages, academic grade, promotional opportunities, classroom or work assignments, letters of recommendation or other conditions of employment or academic life may be affected adversely by not submitting to sexual advances or that submission to sexual advances may favorably affect the same;
3. unwelcomed sexual propositions, invitations, solicitations, and flirtations;
4. unwelcomed verbal expressions of a sexual nature, including graphic sexual commentaries about a person's body, dress, appearance, or sexual activities or remarks about previous sexual experiences; the unwelcomed use of sexually degrading language, jokes or innuendoes; unwelcomed suggestive or insulting sounds or whistles; obscene phone calls;
5. sexually suggestive objects, pictures, videotapes, audio recordings or literature, placed in the work or study area, that may embarrass or offend individuals; (Such material if used in an educational setting should be related to educational purposes.)
6. consensual sexual relationships where such relationships lead to favoritism toward a student or subordinate employee with whom the teacher or superior is sexually involved and where such favoritism adversely affects other students and/or employees;
7. direct propositions of a sexual nature;
8. subtle pressure for sexual activity, one element of which may be conduct such as repeated and unwanted staring;
9. a pattern of conduct (not legitimately related to the subject matter of the course, if a course is involved or to employment, if employment is involved) that tends to bring discomfort and/or humiliation, which may include comments of a sexual nature, or sexually explicit jokes, statements, questions, or anecdotes;
10. a pattern of conduct that would tend to bring discomfort and/or humiliation to a reasonable person at whom the conduct was directed, which may include unnecessary touching, patting, hugging, or brushing against a person's body.
B. Definition of Sexual Assault
Sexual assault is a criminal act. It is defined as intentional sexual contact, characterized by the use of force, physical threat of force, or abuse of authority; or when the victim does not or cannot consent. Sexual assault is not restricted to any gender, race, or age.
All members of the Arnold’s Beauty School community, including independent contractors, vendors, and others conducting business with the School or on School premises, are responsible for ensuring that their conduct does not constitute sexual harassment of another member of the School community. Individuals who are aware of or have experienced an incident of sexual harassment or sexual assault should report the matter promptly to the Title IX Cordinator. School administrators and supervisors have the further responsibility of preventing and eliminating sexual misconduct within the areas they oversee. If these individuals have knowledge that sexual misconduct, is occurring, receive a complaint of sexual harassment or assault, or obtain other information indicating possible sexual misconduct, they must take immediate steps to ensure that the matter is addressed, even if the alleged problem is not within their specific area of responsibility.
D. No Retaliation
Retaliation against a person who complains of sexual harassment is prohibited and constitutes a violation of institutional policy and federal law. Therefore, faculty, administrators, staff, applicants for employment, students, etc. may not be subjected to restraint, interference, coercion or reprisal for action taken in a sexual harassment matter; this includes filing a sexual harassment complaint, or serving as a witness, committee member, or investigator in a sexual harassment complaint.
E. Anonymous Reporting
Anyone can make an anonymous report of sexual misconduct by submitting information on the Arnold’s Beauty School’s website: https://www.arnoldsbeautyschool.com/sexualharassmentreportform
Based on the nature of the information submitted about the incident, or the individuals involved, the School’s ability to respond to an anonymous report may be limited.
F. False Accusation
An employee of the School who makes a false and malicious complaint of sexual harassment will be subject to disciplinary action which may include verbal or written reprimand, demotion, transfer, suspension, or termination.
Cases involving students who bring such false accusations will be remanded to the student judicial system for adjudication.
REVISED AUG 2020