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.
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.
Detailed information about AMDA's Title IX Vendor and Third Party Non-Discrimination Statement 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
Avery J. Pearsall, Deputy Title IX and Student Access Specialist, NY
347-266-9428 / 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:
- 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 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.
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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
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