KD Conservatory College of Film and Dramatic Arts is firmly committed to maintaining a humane atmosphere in which individuals do not abuse their personal authority of power in interpersonal relationships. More specifically, the faculty, staff, and students of the institution will not condone actions and words which a reasonable person would regard as either gender discrimination or sexual harassment. Every effort will be made to resolve problems on an informal basis. Prompt attention will result in appropriate disciplinary action, if necessary.
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.
What is Title IX?
Title IX of the Education Amendments of 1972, is a federal civil rights law that prohibits discrimination on the basis of sex in any education program or activity that receives federal funding. Under Title IX, discrimination on the basis of sex can include sexual harassment, rape, and sexual assault.
Who is affected?
Title IX protects any person from sex-based discrimination, regardless of their real or perceived sex, gender identity, and/or gender expression. Female, male, and gender non-conforming students, faculty, and staff are protected from any sex-based discrimination, harassment or violence.
KD Conservatory College of Film and Dramatic Arts prohibits discrimination against, or harassment of, students on the basis of sex in connection with all academic, educational, and other programs of the College, whether they take place in the facilities of the College, at a class or training program sponsored by the College at another location, or elsewhere. This policy applies whether the alleged harasser is a KD Conservatory employee, a fellow student, a visitor to the College, or a vendor of the College.
Understanding Title IX
Sexual harassment, which includes acts of sexual violence such as rape, sexual battery and sexual coercion, is a form of gender-based discrimination prohibited by Title IX. It creates a hostile environment that has no place in our facility and something we take seriously. We will work to keep you safe and respond effectively and immediately if you’re in trouble.
KD Conservatory’s Title IX Coordinator is:
Name: Ashlyn Nichols
Position: Student Services
Student Services is available to you and is responsible for:
• Overseeing all Title IX complaints and investigations to provide prompt, fair and equitable resolutions
• Identifying and addressing any patterns or systemic problems that arise
• Being available to meet with students, provide support and answer questions
• Coordinating training, education and communication pertaining to Title IX
• Ensuring that our institution carries out its Title IX responsibilities
KD Conservatory prohibits discrimination or harassment of all forms, including, but not limited to sex discrimination, sexual violence, or sexual harassment (including intimidating and/or bullying behavior based on gender). The College shall exercise reasonable care to prevent and promptly correct discriminating, violent, or, harassing behavior and shall develop preventative or corrective measures to address these behaviors. KD Conservatory also prohibits retaliation against anyone for reporting discriminating, violent, or harassing behavior or for participating in discrimination or harassment investigations or lawsuits.
What is Sexual Harassment?
Sexual harassment is defined as unwelcome conduct (conduct that is not requested or invited and is reasonably regarded as undesirable or offensive) of a sexual nature which can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature and:
1. Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile or offensive educational environment;
2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
3. Otherwise adversely affects the student’s educational opportunities.
There are two types of Sexual Harassment:
a. “Quid Pro Quo Harassment” occurs when a campus employee causes a student to believe he/she must submit to unwelcome sexual conduct in order to participate in a college program or activity, or causes a student to believe that the employee will make an educational decision based on whether or not the student submits to unwelcome sexual conduct. It doesn’t matter whether the student resists and suffers the threatened harm, or submits to and avoids the threatened harm, for it to be considered harassment.
b. “Hostile Environment” is when an atmosphere is infused with unwelcome sexual conduct/behavior that is so severe or pervasive that it interferes with an individual’s academic performance or learning environment or creates an intimidating, hostile or offensive environment.
Examples of unwelcome sexual conduct can be verbal, nonverbal, or physical in nature and can include, but are not limited to:
• Making sexual propositions or pressuring students for sexual favors;
• Touching of a sexual nature;
• Inappropriately displaying or distributing sexually explicit drawings, pictures, or written materials;
• Performing sexual gestures or touching oneself sexually in front of others
• Name calling and slurs;
• Spreading sexual rumors or rating other students as to sexual activity or performance;
• Circulating or showing e-mails or Web sites of a sexual nature; or
• Intentionally interfering with or physically restricting the movement of another individual.
What Constitutes Sexual Assault?
Sexual assault is defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority, or when the victim does not, or cannot consent. It also refers to physical sexual acts perpetrated against a person’s will where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. Sexual assault can occur without regard to gender or relationship or age of victim.
People of all genders can be victims of sexual harassment, and the harasser and the victim may be of the same or different sexes. Sexual harassment and sexual violence can be perpetrated by other students, visitors, college employees, or non-employee third parties, such as a visiting speaker, contracted by the college.
Notice of Student Rights and Complaint Process
Any student who believes he or she has observed or has been the object of sexual discrimination, sexual harassment, or sexual violence has the right to file a complaint with the Title IX Coordinator:
Name: Ashlyn Nichols
Position: Student Services
All complaints of alleged sexual harassment, sexual assault or discrimination will be promptly investigated under the oversight of the College’s Title IX Coordinator.
Students may also file a complaint with the United States Department of Education Office for Civil Rights by using the online complaint form at the U.S. Department of Education Office for Civil Rights website.
The Violence Against Women Reauthorization Act (“VAWA”) imposes obligations on colleges and universities under its Campus Sexual Violence Elimination Act (“SaVE Act”) provision, Section 304. Although it is called the “Violence Against Women Act,” people of all genders are protected under this federal legislation. People of all genders can be perpetrators as well.
The Clery Act requires annual reporting of statistics for various criminal offenses, including forcible and non-forcible sex offenses and aggravated assault. VAWA’s SaVE Act provision adds dating violence, domestic violence, and stalking to the categories that, if the incident was reported to a campus security authority or local police agency, must be reported under Clery.
Domestic Violence includes asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.
The National Domestic Violence Hotline is (1-800)799-7233
Stalking means a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others’ safety, or to suffer substantial emotional distress.
Under the federal Clery Act law, KD Conservatory must report where and when a crime occurred, but not necessarily who was involved. When it comes to confidentiality, our college will balance the need to keep the campus community safe with protecting your request for confidentiality to the maximum extent possible.
Texas Higher Education Coordinating Board (THECB) Student Complaint Form
The Texas Higher Education Coordinating Board (THECB) adopted rules codified under Title 19 of the Texas Administrative Code, Sections 1.110 – 1.120, on October 25, 2012. The rules create a student complaint procedure to comply with the U.S. Department of Education’s “Program Integrity” regulations, which require each state to have a student complaint procedure in order for public and private higher education institutions to be eligible for federal Title IV funds. In December 2011, the Office of Attorney General of Texas issued an opinion stating that THECB has authority under Texas Education Code Section 61.031 to promulgate procedures for handling student complaints concerning higher education institutions.