GENERAL REPORTING Unitech Training Academy is committed to preventing and intervening in all forms of gender discrimination and sexual harassment, which include intimate partner violence and stalking. Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), to the Title IX Coordinator using any of the following methods: • In person at the campus location (business hours only); • By mail (anytime); • By telephone (anytime); • By electronic mail, (anytime); or • By any other means that results in the Title IX Coordinator receiving the person’s oral or written report. ANONYMOUS REPORTING Any individual may make a report of Prohibited Sexual Conduct to the college without disclosing his or her name and without identifying the respondent or requesting any action. Depending on the amount of information available about the incident, or the individual’s involved, Unitech Training Academy’s ability to respond to an anonymous report may be limited. These reports will be referred to the Title IX Coordinator.

Unitech Training Academy strives to create a safe environment for faculty, staff, and students. The Title IX resource page provides valuable relationship and sexual assault resources for each of our seven campus locations.

Know your Title IX
http://knowyourix.org/title-ix/title-ix-the-basics/

LGBTQ Sexual Violence Resources
http://www.nsvrc.org/publications/nsvrc-publications-information-packets/sexual-violence-individuals-who-identify-lgbtq

Title IX Blog
http://title-ix.blogspot.com/

Pregnant and Parenting Students
http://www2.ed.gov/about/offices/list/ocr/docs/pregnancy.pdf

Actual knowledge: Notice of sexual harassment or allegations of sexual harassment to Unitech Training Academy Title IX Coordinator or any official of Unitech Training Academy who has authority to institute corrective measures on behalf of Unitech Training Academy. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of Unitech Training Academy with actual knowledge is the respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of Unitech Training Academy. Complainant, victim, or alleged victim: An individual who is alleged to be the victim of conduct that could constitute sexual harassment. Consent: Consent to engage in a sexual encounter must be given by all participating parties; must be clear, knowing, and voluntary; and may be given only by someone who is 18 years of age or older and is not mentally and/or physically incapacitated. Consent is active, not passive. Consent requires an affirmatively communicated willingness through words and/or actions to participate in sexual activity. Silence, in and of itself, may not be interpreted as consent. Dating Violence: as defined at 34 U.S.C. 12291(a)(10), dating violence means violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship. (ii) The type of relationship. (iii) The frequency of interaction between the persons involved in the relationship. Discrimination: For purposes of this policy, adverse action towards Unitech Training Academy employees or students in the terms or conditions of employment; Unitech Training Academy admission or education; access to Unitech Training Academy programs, services, or activities; or other Unitech Training Academy benefits or services, on the basis of their inclusion or perceived inclusion (in the case of sexual orientation, gender identity, or gender expression) in the protected classes of sex, pregnancy, pregnancy-related conditions, sexual orientation, gender identity, or gender expression that has the effect of denying or limiting participation in a [institution] program or activity. Domestic Violence: as defined in 34 U.S.C. 12291(a)(8), domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth (ages 11-24) victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. Formal Complaint: A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that Unitech Training Academy investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of Unitech Training Academy with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information required to be listed for the Title IX Coordinator, and by any additional method designated by the Unitech Training Academy. As used in this paragraph, the phrase “document filed by a complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by Unitech Training Academy) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Incapacitation: An individual who is incapacitated cannot give consent to engage in a sexual encounter. Incapacitation is defined as the physical and/or mental inability to make informed, rational judgments. Factors that could be indications of incapacitation include but are not limited to mental or physical disability; lack of sleep; alcohol; illegal, date-rape, or prescription drug use; unconsciousness; blackout; or involuntary physical restraint. Being intoxicated by drugs or alcohol does not diminish one’s responsibility to obtain consent. The factors to be considered when determining whether consent was given include whether the accused knew, or whether a reasonable person should have known, that the complainant was incapacitated. Party: Complainant or respondent. Preponderance of evidence: The evidentiary standard used during a sexual misconduct investigation/review to determine if the allegations occurred and if a Unitech Training Academy policy violation has occurred. Preponderance of evidence means it is more likely than not, or more than 50 percent in favor, that the misconduct occurred as alleged. Respondent: Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. Retaliation: An action, performed directly or through others, that is aimed to dissuade a reasonable person from engaging in a protected activity or is done in retribution for engaging in a protected activity. Action in response to a protected activity is not retaliatory unless (1) it has a materially adverse effect on the working, academic, or other Unitech Training Academy -related environment of an individual and (2) it would not have occurred in the absence of (but for) the protected activity. Examples of protected activities include reporting (internally or externally) a complaint of sexual harassment in good faith, assisting others in making such a report, or honestly participating as an investigator, witness, decision maker, or otherwise assisting, in an investigation or proceeding related to suspected sexual harassment. Sexual assault: as defined at 20 U.S.C. 1092(f)(6)(A)(v) and the uniform crime reporting system of the Federal Bureau of Investigation, sexual assault means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent; also unlawful sexual intercourse, including the following: Rape—Any penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent Sodomy—Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity Sexual Assault With An Object—To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity 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 his/her age or because of his/her temporary or permanent mental or physical incapacity Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Louisiana law. Statutory Rape—Nonforcible sexual intercourse with a person who is under Louisiana’s statutory age of consent. Sexual harassment: conduct on the basis of sex that satisfies one or more of the following: (1) An employee of Unitech Training Academy conditioning the provision of an aid, benefit, or service of Unitech Training Academy on an individual’s participation in unwelcome sexual conduct; (2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Unitech Training Academy education program or activity; or (3) “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30). Stalking: as defined at 34 U.S.C. 12291(a)(30), stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. Supportive Measures: Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to Unitech Training Academy’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or Unitech Training Academy’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. Unitech Training Academy must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of Unitech Training Academy to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. Title IX Coordinator: Unitech Training Academy must designate and authorize at least one employee to coordinate its efforts to comply with its responsibilities under Title 34 of the Code of Federal Regulations, part 106, which employee must be referred to as the “Title IX Coordinator.” Unitech Training Academy community members: All persons employed by or affiliated with Unitech Training Academy in any way and persons participating in any Unitech Training Academy program or activity, including but not limited to advisory board members, administrators, faculty, staff, students, independent contractors, volunteers, and guests or visitors to any Unitech Training Academy campus or any property owned or leased by the Unitech Training Academy.

Initial Overview and Response
ATIXA
Presented by Brett Sokolow, Scott Lewis, Kim Pacelli, Saundra Schuster, and Daniel Swinton
https://cdn.atixa.org/website-media/atixa.org/wp-content/uploads/2020/05/11155019/ATIXA-R3-Webinar-Slides_5.11.20.pdf
Available on Demand

Title IX Coordinator/ Investigator Training:
Rapid Response Webinar: Understanding the Final Title IX Rule and Its Impact.
NASPA – Student Affairs Administrators in Higher Education
Presented by Jill Creighton, William Kidder, and Wanda Swan
Available on Demand

Decision Maker Training

An Early Read on the New Title IX Regulations
Holland & Knight
Presented by Philip J. Catanzano and Jeffrey Nolan
https://www.hklaw.com/en/insights/media-entities/2020/05/understanding-the-newly-released-title-ix-regulations

Available on demand

Confidential Advisors – Response Team

Louisiana Board of Regents LaSafe

Louisiana Sexual Assault Free Environment Project

Confidential Advisors Training Modules

Title IX – Power-Based Violence

Title IX and Sexual Harassment Presentation

Available on Demand

U.S. Department of Education Title IX Webinars:

Department of Education Title IX Resources

The First Amendment and Title IX: An OCR Short Webinar

OCR Short Webinar on How to Report Sexual Harassment under Title IX

Conducting and Adjudicating Title IX Hearings: An OCR Training Webinar

OCR Webinar on Due Process Protections under the New Title IX Regulations

OCR Webinar on New Title IX Protections Against Sexual Assault

OCR Webinar: Title IX Regulations Addressing Sexual Harassment

OCR Short Webinar on Sexual Violence in Public Schools