Appendix E-AVTEC Title IX Policy

Members of the AVTEC Community have the right to be free from all forms of sex/gender harassment, discrimination and misconduct. All members of the AVTEC Community are expected to conduct themselves in a manner that does not infringe upon the rights of others. AVTEC uses the preponderance of the evidence as a standard for proof of whether a violation occurred.

Title IX Coordinator

AVTEC’s Title IX Coordinator oversees compliance with all aspects of the sex/gender harassment, discrimination and misconduct policy. Anyone wishing to make a report relating to discrimination or harassment may do so by reporting the concern to the Title IX Coordinator. The Coordinator is a non-confidential resource – while personal information will be protected, a formal complaint, investigation, and hearing based on the allegations may be conducted regardless of the wishes of the complainant if the Title IX Coordinator deems necessary. During regular business hours a complainant may report to the Title IX Coordinator in person, after hours complainants may report via email, phone, or mail.

Jamie Hall

Title IX Coordinator

Student Service Center, 519 4th Ave.

PO Box 889

Seward, AK. 99664

(907)224-6114 or text (907)422-7449

Email: jamie.hall@avtec.edu or titleix@avtec.edu

Reporting

Confidential Reporting

With limited exceptions, AVTEC employees are expected to immediately report actual or suspected discrimination or harassment to appropriate officials. If a complainant would like the details of an incident to be kept confidential, they may speak to an AVTEC counselor. These employees will maintain confidentiality except in extreme cases of immediate threat or danger, or abuse of a minor. AVTEC counselors are available to help AVTEC students free of charge.

Formal Reporting Options

All AVTEC employees have a duty to report, unless they fall under the “Confidential Reporting” section above. Complainants may want to consider carefully whether they share personal details with non-confidential employees, as those details must be shared by the employee with the Title IX Coordinator.

If the complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the complainant may make such a request to the Title IX Coordinator who will evaluate that request in light of the duty to ensure the safety of the campus and comply with federal law. In cases indicating pattern, predation, threat, weapons and/or violence, AVTEC will likely be unable to honor a request for confidentiality and may issue a warning to the community. In cases where the complainant requests confidentiality and the circumstances allow AVTEC to honor that request, AVTEC will offer interim supports and remedies, but will not otherwise pursue formal action.

As required, AVTEC includes statistics about Clery Act crimes in an Annual Security Report and provides those to the United States Department of Education. The information is reported in a manner that does not include personally identifying information.

Individuals experiencing harassment or discrimination always have the right to file a formal grievance with government authorities:

 

Office for Civil Rights (OCR)

U.S. Department of Education

915 Second Avenue, Room 3310

Seattle, WA 98174-1099

Telephone: (206) 607-1600

Facsimile: (206) 607-1601

Email: OCR.Seattle@ed.gov

Web: http://www.ed.gov/ocr

 

Alaska State Commission for Human Rights

800 A Street, Suite 204

Anchorage, AK 99501-3669

By telephone at (907) 274-4692 or 1-800-478-4692 (toll-free)

By facsimile at (907) 278-8588

In the event that an incident involves alleged misconduct by the Title IX Coordinator, reports should be made directly to the AVTEC Director.

Sexual Harassment Defined

Anyone experiencing sexual harassment is encouraged to report it to the Title IX Coordinator. Remedies, education and/or training will be provided in response. A student or employee determined to be in violation of AVTEC’s Title IX policy is subject to disciplinary action. Additionally, sexual harassment may be disciplined when it takes the form of quid pro quo harassment, retaliatory harassment and/or creates a hostile environment (see below).

Definitions

Title IX Sexual Harassment: Any of the following conduct on the basis of sex:

  • Any instance of sexual assault, domestic violence, dating violence, or stalking (see below)
  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal educational access.
  • Any instance of quid pro quo (see below) harassment by an AVTEC employee.

 

Quid Pro Quo Harassment:

  • Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
  • By a person having power or authority over another constitutes sexual harassment when
  • Submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s educational (or employment) progress, development, or performance.
  • This includes when submission to such conduct would be a condition for access to receiving the benefits of any education (or employment) program.

 

Sexual Assault: Misconduct that meets the definition of Rape, Fondling, Incest, or Statutory Rape, as defined below:

  • Rape – The penetration, no matter how slight, of the vagina or anus of a person with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  • Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of age or temporary or permanent mental incapacity.
  • Incest - Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape - Sexual intercourse with a person who is under the statutory age of consent.

Domestic Violence: Felony or misdemeanor crimes of violence of committed by: (a) a current or former spouse or intimate partner of the victim, (b) a person with whom the victim shares a child in common, (c) a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner, (d) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, (e) 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 crime of violence occurred.

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.

Consent: A voluntary, positive agreement between the participants to engage in specific sexual activity. Consent cannot be obtained through coercion or force, or by taking advantage of the incapacitation of another individual. Consent can be withdrawn at any time.

Retaliation

Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Retaliation against an individual for an allegation, for supporting a reporting party or for assisting in providing information relevant to an allegation is a violation of AVTEC policy.

Sanctions

Sanctions may be imposed upon any member of AVTEC found to have violated the Sex/Gender Harassment, Discrimination and Misconduct Policy. Potential sanctions are discussed respectively in the AVTEC Student Handbook and Employee Handbook.