Title-IX

Non-Discrimination Policy and Grievance Process

Detailed information about AMDA's Non-Discrimination Policy and Grievance Process is available here.

Detailed information about AMDA's Lived Name & Pronoun Policy is available here.

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 Title IX Coordinator or 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.

Eugene Smith, Title IX and Equity Coordinator, LA
esmith@amda.edu
Students can email to make an appointment

Lauren Trapido, Deputy Title IX Coordinator, NY
323-603-5900 / NYTitleIX@amda.edu
Office Hours: Mondays, from 2-5pm EST
Students can drop in, or call without an appointment

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 Title IX Coordinator or 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:

1. There were procedural errors that had a material impact on the fairness of the investigation.
2. There is new evidence, which was previously unavailable, that could significantly impact the outcome of the case.
3. 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.

Remedial Actions and Interim Measures

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 Title IX Coordinator or 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

TRAINING FOR TITLE IX STAFF, INVESTIGATORS, ADJUDICATORS, AND OTHER FACILITATORS

In response to 34 C.F.R., Part 106.45(b)(10) of the 2020 Title IX Final Rule, AMDA is required to publicly share all materials used to train Title IX personnel at the University. Any materials used to train Title IX Coordinators, Investigators, Adjudicators, and any person who facilitates an Informal Resolution process, will not rely on sex stereotypes and will promote impartial investigations and adjudications of Formal Complaints of Prohibited Conduct. All staff in the Office of Title IX, Investigators, Adjudicators, and any person who facilitates an informal resolution process will receive training on: the definition of sexual harassment and Prohibited Conduct; the scope of the Colleges' education program or activity; how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes (as applicable); and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. Investigators will receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence. Adjudicators will also receive training on any technology used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the Complainant's sexual predisposition or prior sexual behavior are not relevant. Also, the trainings will include external and internal members of the Title IX team. The College will continue to post access to training materials through this website to the extent necessary to comply with Title IX.

The Title IX regulations (34 C.F.R.C.F.R. part 106) further require AMDA to publicly provide information on these trainings starting August 14, 2020. A list of trainings attended by these individuals is available. This list includes all trainings attended post-August 14, 2020. The list consists of the materials used in training, all of which are provided for public review. These trainings are both internal and external.

Additionally, this list will include training materials from external and internal Title IX team members. You may read AMDA's policy in its entirety here. These materials will be kept for seven years and can be viewed here.

1. Pregnant and Parenting Resources +−

   Title IX prohibits a school from discriminating against a student based on the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions. Title IX also prohibits a school from applying any rule related to a student’s parental, family, or marital status that treats students differently based on their sex. If you have a concern, don't hesitate to get in touch with the Title IX Coordinator at esmith@amda.edu. Please review the Know Your Rights FAQ sheet here.

Resources

New York

• Emergency
  911
• Non-Emergency
  212-767-8400

Reporting an Incident (24/7 numbers)

• Law Enforcement
  911
• Reporting Campus Assault to New York Police
  844-845-7269
• New York State Hotline for Sexual Assault and Domestic Violence
  800-942-6906
• National Sexual Assault Hotline
  800-656-HOPE (4673)
• National Resource Center on Domestic Violence Hotline
  800-799-SAFE (7233)

On-Campus Resources

• AMDA Campus Security (24 hrs)
  212-957-3391
• Stratford Arms Front Desk (24 hrs)
  212-957-3370
• Reception
  212-957-3351
• Student Services
  212-957-3351
• Education
  212-957-3300

Other Resources

• Urgent Care Manhattan
  212-721-4200
• Bellevue Hospital Sexual Assault Response Team SAFE Center
  212-562-3435
• New York Presbyterian Hospital DOVE (Domestic and Other Violent Emergencies)
  212-305-9060
• St. Luke's Roosevelt Hospital Crime Victims Treatment Center
  212-523-4728
• Deputy Title IX Coordinator, Lauren Trapido
  323-603-5900 / ltrapido@amda.edu
• New York Counseling Center
  212-362-1086

Los Angeles

Emergency Resources (24/7)

• Law Enforcement
  911
• Campus Security
  323-603-5937

Resident Advisor (RA) on duty

• Campus RA (Allview, Apartments, Bungalows, Vine)
  323-240-0771
• Franklin RA
  323-240-0927
• Gilbert RA
  323-829-7655

24-Hour Hotlines

• National Sexual Assault Hotline*
  800-656-HOPE (4673)
• National Resource Center on Domestic Violence Hotline*
  800-799-SAFE (7233)
• Peace over Violence Rape and Battering Hotline*
  213-626-3393

AMDA Resources

• Student Affairs
  323-603-5960 / LAStudentAffairs@amda.edu
• Mental Health Counseling
  LACounseling@amda.edu

Community Resources

• Law Enforcement
  877-ASK-LAPD (877-275-5273)
• Rape and Treatment Center at Santa Monica-UCLA
  424-259-7208
• YWCA of Los Angeles
  877-Y-HELPS-U (877-943-5778)

Additional Resources

• U.S. Department of Education - Office of Civil Rights