Title IX and Sexual Misconduct
Title IX of the Education Amendments of 1972 (“Title IX”) prohibits discrimination on the basis of sex in any federally funded education program or activity. This prohibition includes the exclusion form participation, or denial of the benefits of, a federally funded education program or activity on the basis of sex.
On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:
- Defines the meaning of “sexual harassment” (including forms of sex-based violence)
- Addresses how NYFA must respond to reports of misconduct falling within that definition of sexual harassment, and
- Mandates a grievance process that NYFA must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment.
Based on the Final Rule, New York Film Academy updated existing policies (NYFA’s Sex-based Discrimination and Sexual Misconduct Policy) to reflect the required changes and implemented the following Title IX Grievance Policy, effective August 14, 2020. See, 85 Fed. Reg. 30026 (May 19, 2020). The full text of the Final Rule and its extensive Preamble are available here: http://bit.ly/TitleIXReg
NYFA’S Title IX Grievance Policy And Procedure And Sexual Misconduct Policy
NYFA remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule addressed in the Title IX Grievance Policy and Procedure. Specifically, NYFA’s Sexual Misconduct Policy and NYFA’s Employee Standards of Conduct addresses the types of sex-based offenses constituting a violation of campus policy and the procedures for investigating and adjudicating those sex-based offenses that fall outside the scope of this Title IX Grievance Policy and Procedure.
NYFA is committed to complying with the Final Rule under Title IX of the Educational Amendments of 1972 and enforcing all institutional policies prohibiting discrimination on the basis of sex and other forms of sexual misconduct. Designated individuals at the NY, LA, and SB campuses serve as Title IX Coordinators who are responsible for carrying out the day-to-day responsibilities of enforcing NYFA’s Title IX Grievance Policy and Procedure and Sexual Misconduct Policy, which includes coordination of training, education, and the communications and administration of grievance procedures by assisting the complainant in identifying the appropriate NYFA policy and personnel to help resolve the complaint in a prompt and equitable manner.
NYFA’s Title IX Grievance Policy and Procedure and Sexual Misconduct Policy define the behaviors that constitute sexual harassment and sexual misconduct and provides informal and formal procedures for resolving complaints.
During the processes outlined within the Title IX Grievance Policy and Procedure and Sexual Misconduct Policy, Complainants and Respondents are afforded specific procedures that provide them the right(s) to:
- Make a report to local law enforcement and/or state police;
- Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
- Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- Be treated with dignity and to receive from NYFA courteous, fair, and respectful health care and counseling services, where available;
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
- Describe the incident to as few NYFA representatives as practicable and not be required to unnecessarily repeat a description of the incident;
- Be protected from retaliation by NYFA, any student, the accused and/or the Respondent, and/or their friends, family and acquaintances within the jurisdiction of NYFA;
- Have access to at least one level of appeal of a determination;
- Be accompanied by an Advisor of their choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of NYFA. Section 106.45(b) of the 2020 Final Title IX Rules require the sharing of “All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. A recipient must make these training materials publicly available on its website, or if the recipient does not maintain a website the recipient must make these materials available upon request for inspection by members of the public.
For the purposes of compliance with section 106.45 of the Title IX Final Rules, this website includes all training materials created by the Student Conduct Institute for our member institutions to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process in Title IX compliance and practices.
For further information on notice of non-discrimination, visit http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the address and phone number of the office that serves your area, or call 1-800-421-3481.
NYFA Title IX Coordinators
New York Campus & Online Workshops
Director of Campus Life and Title IX Coordinator
17 Battery Pl, 5th Fl, Office 501
[email protected] / 212.674.4300
Los Angeles Campus
Susan E. Ashe, Ed.D.
Dean of Students and Interim Title IX Coordinator
3300 Riverside Dr., Room 112
[email protected] / 818.333.3558
South Beach Campus
Interim Title IX Coordinator
[email protected] / 212.674.4300
NYFA is committed to preventing and addressing sexual harassment and sexual violence throughout the NYFA community.
On each NYFA campus there is a person, known as the Title IX Coordinator, who has special training in helping students who are facing issues related to sexual harassment and assault. NYFA’s Title IX Coordinators are responsible for carrying out the day-to-day responsibilities of enforcing the Sexual Misconduct Policy and the Title IX Grievance Policy. Responsibilities include coordination of training, education, communications about, and administration of the Policies, and assisting the Complainant and Respondent (Parties) in applying the appropriate NYFA policy to the alleged conduct. Title IX Coordinators collaborate with appropriate NYFA staff to implement supportive measures and help to effectively end sexual misconduct in a prompt and equitable manner.