Title-IX
AMDA is committed to providing an academic environment free from sex discrimination, where all members of the school community are treated with respect and dignity. Sex discrimination includes both sexual and gender based harassment and violence. All members of the AMDA community, including students, employees, and third parties, are protected under this policy. Further, the policy applies to both on and off campus conduct with a reasonable connection to the AMDA educational sphere.
Incident Report
Sexual Assault, Harassment, and Discrimination Policies and Definitions
Students
AMDA does not tolerate sexual assault, harassment or discrimination in any form, nor does it tolerate threats to others' health, safety or welfare. AMDA's priority is enforcing these policies in order to protect members of our campus community. Additionally, AMDA offers support to any student who survives a sexual assault that occurs within the context of the school community to enable them to continue pursuing their academic and career goals. Sex-related crimes (including but not limited to sexual assault and rape) represent violations of criminal and civil law, and constitute a serious and unacceptable breach of student conduct. Any report of sexual assault, harassment or discrimination is taken with the utmost of seriousness. AMDA does not tolerate retaliation against students who bring forth a complaint in good faith about sexual misconduct.
Employees
AMDA prohibits conduct that constitutes, could lead to or contributes to the harassment of or by faculty, staff, supervisor/manager, students, customers, vendors, suppliers, and independent contractors based on (without limitation) an individual's sex, race, color, religion, sexual orientation, national origin, age, disability, marital status, veteran status, or any other characteristic protected by applicable federal, state or local laws. AMDA does not tolerate retaliation against employees or students who bring forth a complaint in good faith about sexual misconduct.
Sexual harassment or violence
Sexual harassment or violence is unwelcome written, verbal, or physical conduct of a sexual nature. Examples of conduct that may constitute sexual harassment or violence include sexual propositions, sexual innuendoes, suggestive comments, suggestive jokes or pictures, graphic commentaries, suggestive or insulting sounds, leering, whistling, obscene gestures, unwanted physical contact of any type, and conditioning of any academic decision upon consent to sexual contact or relationship. AMDA protects against the following types of sexual harassment and violence, but this is not an exhaustive list:
- Affirmative consent
"Affirmative, conscious, and voluntary agreement to engage in sexual activity." A lack of protest or resistance does not mean consent, nor does silence mean consent. Relying solely on nonverbal communication may result in a violation of this policy. Consent must be ongoing throughout the entire sexual experience. An existing dating relationship or past sexual relations does not automatically equal consent. Consent is revocable. The use of alcohol or drugs will not be accepted as an explanation for the actions of any individual charged with a violation of this policy.
- Aiding or Facilitating
Knowingly and intentionally aiding or facilitating any sort of sexual misconduct, before, during, or after the fact.
- Coercion
Use of pressure to compel another individual to initiate or continue sexual activity against an individual's will; i.e. intimidation, manipulation, threats, and blackmail.
- Cyber Stalking
Stalking through the use of the Internet or other electronic means.
- Dating Violence
Controlling, abusive, and aggressive behavior in a romantic relationship with partners of any sexual orientation or gender. It can include verbal, emotional, physical, sexual abuse, or a combination.
- Domestic violence
Abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, "cohabitant" means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship.
- Fondling
Sexual touching, with any object, by a man or a woman upon another person without consent or making any person touch you or them in a sexual manner.
- Retaliation
Any adverse action taken against a person for making a good faith report or against the party or person you have reported following your report of them or participation in any proceeding involving their action.
- Sexual Assault
Actual or attempted penetration or other unwanted physical contact of a sexual nature without the affirmative consent of each person, or when a person is incapacitated or otherwise is unable to give consent freely.
- Sexual exploitation
When an individual takes non-consensual or abusive sexual advantage of another for that individual's own advantage or benefit, or to benefit or advantage anyone other than the individual being exploited, and that behavior does not otherwise constitute one of the other sexual violence offenses.
- Sexual harassment
Unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.
- Stalking
Repeated or continuing harassment made against the expressed wishes of another individual, which causes the individual to feel emotional distress including fear, harassment, intimidation or apprehension.
Gender based harassment or violence
Gender based harassment or violence includes harassment or violence directed at a person because of their gender identity. Examples of this include jokes, gossip, harassment, or violent acts taken against someone because of their gender identity, or a change in treatment or responsibilities based on gender; i.e. pregnancy discrimination. The following terms are used in the state of California to define gender under this policy.
- Gender Expression
A person's gender-related appearance or behavior, whether or not stereotypically associated with the person's sex at birth.
- Gender Identity
A person's identification as male, female, a gender different from the person's sex at birth, or transgender.
- Sexual Orientation
A person's physical or emotional attraction to people of the same and/or other gender. Straight, gay, and bisexual are some ways to describe sexual orientation. It is important to note that sexual orientation is distinct from gender identity and expression. Transgender people can be gay, lesbian, bisexual, or straight, just like non-transgender people.
- Sex Stereotype
An assumption about a person's appearance or behavior, or about an individual's ability or inability to perform certain kinds of work based on a myth, social expectation, or generalization about the individual's sex.
- Transgender
A general term that refers to a person whose gender identity differs from the person's sex at birth. A transgender person may or may not have a gender expression that is different from the social expectations of the sex assigned at birth. A transgender person may or may not identify as "transsexual."
What is Consent?
Both New York and California are affirmative consent states.
Affirmative consent is affirmative, conscious, and voluntary agreement to engage in sexual activity. A lack of protest or resistance does not mean consent, nor does silence mean consent. Relying solely on nonverbal communication may result in a violation of this policy. Consent must be ongoing throughout the entire sexual experience. An existing dating relationship or past sexual relations does not automatically equal consent. Consent is revocable. The use of alcohol or drugs will not be accepted as an explanation for the actions of any individual charged with a violation of this policy.
Reporting Options
AMDA encourages any individual who has been a victim of sex discrimination to make a report to the Deputy Title IX Coordinator and to local law enforcement. AMDA also encourages any individual who has been the victim of sexual assault or rape to seek assistance from a medical professional and law enforcement immediately after an incident of sexual violence to ensure preservation of evidence and to begin a timely investigation and initiate an immediate response.
AMDA is committed to protecting the privacy and confidentiality of personal, identifiable information to the extent possible, subject to provisions of state and federal law. Other than as required by laws that guarantee public access to certain types of information, or in response to subpoenas or other legal instruments that authorize disclosure, personal information (including the victim's identity) will be disclosed on a need to know basis, and only to parties involved in the investigation. A student may request to be anonymous, and the school will uphold that request when possible.
To abide by state law, AMDA will report immediately to local law enforcement any willful homicide, robbery, aggravated assault, or hate crime committed on or off campus, as reported to campus security or other authority by the victim.
How to Report
The easiest is to submit an incident report form. Though you may also email us at either LATitleIX@amda.edu or NYTitleIX@amda.edu.
Incident Report
Lauren Trapido, Deputy Title IX Coordinator, NY Campus
800.367.7908 / NYTitleIX@amda.edu
Office Hours: Mondays, from 2-5pm EST
Students can drop in, or call without an appointment
323.603.5984 / LATitleIX@amda.edu
Office Hours: Mondays – Friday, from 10am – 4pm PST
Students can drop in, or call without an appointment
What Happens when you Report as a Student:
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- The Deputy Title IX Coordinator will meet with you to determine if an investigation should occur, and if unable to make that determine that will take necessary steps to make a determination.
- If it is determined that a Title IX investigation should occur, the Deputy Title IX Coordinator will conduct interviews with all parties, including any witnesses.
- While the investigation occurs, parties are able to request interim measures to allow the continuation of their educational experience, including requesting a No Contact Directive, change in residence or class schedule.
- After the investigation is completed a Title IX Committee will review all evidence and witness statements submitted by the Title IX Investigator. Investigations and resolution can generally take up to 60 days to complete from the start of the investigation. It is important to note, however, that some investigations can take longer than 60 days to complete depending on the complexity of the situation and allegations. The Office of Civil Rights (OCR) does not require a school to complete investigations within 60 days. Rather, the OCR evaluates on a case-by-case basis whether the resolution of sexual violence complaints is prompt and equitable.
- The Committee will use the "preponderance of the evidence" standard or proof to determine whether a violation occured, i.e. whether there is a good faith belief that it is more likely than not that a violation occurred.
- Following the conclusion of the committee's findings all parties will be notified in writing of the committee's determination at the same time. Such notice shall contain a brief communication of the factual findings and, if applicable, any sanctions to be imposed.
Right to an Appeal: Both parties have a right to an appeal. Such an appeal should be addressed to the Appeal's Administrator and submitted to the Deputy Title IX Coordinator or Appeal's Administrator within seven days of the appellant's receipt of the determination. The student must provide a detailed written request stating the basis for their appeal, with at least one of the following reasons:
- There were procedural errors that had a material impact on the fairness of the investigation.
- There is new evidence, which was previously unavailable, that could significantly impact the outcome of the case.
- The sanctions imposed were substantially disproportionate to the findings.
Disagreement with the findings or sanctions is not, by itself, grounds for an appeal.
When making a report to AMDA, you will be advised of your rights as a student, including your right to make a report to law enforcement and to the school's assistance in doing so, and your rights to interim measures to ensure your safety and well-being after making a report. After making a report, a student may decide not to proceed with a School investigation. In these cases, a school may have to continue without the students cooperation, if, for example, the conduct reported constitutes a danger to the campus as a hole.
AMDA's investigation of a policy violation does not preempt or supersede any legal procedure or remedies otherwise available to a victim.
In order to ensure the safety and protect the well-being of all parties involved, sometimes remedial actions are taken during the investigation. Following a report of an incident, both the complainant and respondent will be informed of accommodations that may be available to them. Students may request reasonable accommodations as needed. The Deputy Title IX Coordinator will evaluate any request for accommodations on a case-by-case basis. AMDA will provide information about the accommodations only to those who need to know in order to make the accommodations effective.
- Under the appropriate circumstances, remedial actions may include:
- Housing reassignment
- Change or adjustment in class schedule or student partnerships, where possible
- Change or adjustment in work schedule, where possible
- No contact directive
Campus SaVE Act
- Under the Campus SaVE Act, colleges and universities are required to provide students or employees reporting victimization with their written rights to:
- Be assisted by campus authorities if reporting a crime to law enforcement.
- Change academic, living, transportation or working situations to avoid a hostile environment.
- Obtain or enforce a no-contact directive or restraining order.
- Have a clear description of their institution's disciplinary process and know the range of possible sanctions.
- Receive contact information about existing counseling, health, mental health, victim advocacy, legal assistance and other services available both on campus and in the community.
- Additionally, the SaVE Act clarifies the minimum standards for institutional disciplinary procedures covering domestic violence, dating violence, sexual assault and stalking to ensure that:
- Proceedings (a) shall provide a prompt, fair, and impartial investigation and resolution and (b) are conducted by officials receiving annual training on domestic violence, sexual assault and stalking.
- Both parties may have others present during an institutional disciplinary proceeding and any related meetings, including an advisor of their choice.>
- Both parties will receive written outcomes of all disciplinary proceedings at the same time.
Resources
Title IX - Policy Statements
New York
Reporting an Incident (24/7 numbers)
On-Campus Resources
Other Resources
Los Angeles
Emergency Resources (24/7)
Resident Advisor (RA) on duty
24-Hour Hotlines
AMDA Resources
Community Resources
Additional Resources
*Confidential Resource
