Disclosures and Policies

The SBWI admits students without regard for religion, gender, sexual orientation, gender identity and expression, age, race, color, disability, national and ethnic origin, military or veteran status, or any other characteristic protected under applicable federal, state, or local law. All students enjoy the rights, privileges, programs, and activities generally accorded or made available at the school.

1. INTRODUCTION

Effective January 1, 2023

This procedure outlines the process the School will follow when it receives notice of sexual harassment, which includes sexual assault, dating violence, domestic violence, stalking, and retaliation (collectively “Prohibited Conduct”).

1. JURISDICTION

This procedure applies to all students, employees, volunteers, vendors, and visitors to the School. This procedure applies to Prohibited Conduct that is reported to have occurred:

1. 1. in connection with a School’s education program or activity; or

   2. on property owned or controlled by the School; or

   3. (c)using computer or internet networks, digital platforms or computer hardware or software owned or operated by, or used in the operations of, the School’s programs or activities over which the School has substantial control; or

   4. (d)where the conduct is reported to have a continuing adverse effect on an educational program or activity of the School, including employment, regardless of where the conduct is reported to have occurred.

The School’s response to Prohibited Conduct depends in part on its control over the respondent. This procedure applies when the respondent is a member of the School community or was a member of the School community at the time of the alleged incident and intends to participate in an education program or activity of the School. However, if Prohibited Conduct is reported when the School does not have control over the respondent, the School will still work with the complainant regarding their options and appropriate supportive measures. The School also will consider whether it is appropriate to take any other actions to protect the safety of the School community under these circumstances.

The elements established in this procedure have no effect and are not transferable to any other policy or procedure of the School except as narrowly defined in this procedure. This procedure does not set a precedent for other policies, procedures, or processes of the School and may not be cited for or against any right or aspect of any other policy, procedure, or process.

1. NOTICE OF NON-DISCRIMINATION AND PURPOSE OF POLICY AND PROCEDURES

The School does not discriminate in its educational programs and activities, admissions or employment on the basis of sex, race, color, religion, national origin, ancestry, age, disability, genetic information (GINA), military status, sexual orientation, pregnancy, status as a parent of a young child or status as a foster parent, or gender identity and expression. Sex discrimination is prohibited by Title IX of the Education Amendments of 1972 and it’s implementing regulations (34 C.F.R. Part 106, as amended by 85 FR 30026 [May 2020]).

The School is committed to fostering a climate free from discrimination on the basis of sex in the following areas: admissions, educational programs and activities, housing, access to classes and schools, counseling, financial assistance, employment assistance, health and insurance benefits and services, marital or parental status, and athletics. This policy is strictly enforced by the School, and reports of Prohibited Conduct receive prompt and equitable attention and appropriate corrective action.

Sex Discrimination does not include where such differential treatment is explicitly permitted by federal law or regulations, such as where sex or gender is a bona fide occupational qualification reasonably necessary to the normal operation of the School.

This procedure prohibits certain conduct, referred to as Prohibited Conduct. Sexual Harassment (including sexual assault, dating violence, domestic violence, and stalking). Prohibited Conduct under this procedure also is prohibited under the Clery Act as amended by the Violence Against Women Act. The School will respond promptly in a manner that is not deliberately indifferent when the School has actual knowledge of Prohibited Conduct under this procedure.

This procedure sets forth the manner in which individuals can report or file a Formal Complaint of potential Prohibited Conduct, as well as the process that will be used to provide for the prompt and equitable resolution of such reports or Formal Complaints. Any person may report potential Prohibited Conduct, whether or not the person reporting is the person alleged to have experienced the Prohibited Conduct.

1. DESIGNATION OF TITLE IX COORDINATOR AND DEPUTY COORDINATORS

The School hereby designates and authorizes the following individual as the Title IX Coordinator to coordinate its efforts to comply with Title IX:

Dena Koehn, Title IX Coordinator, 1375 N. Main Street #41, Adrian, Michigan 49221, Dena@sambeaufordwoodshop.com (517) 759-3070.

Any inquiries or complaints concerning the application of Title IX may be referred to the Title IX Coordinator using the contact information above, or pursuant to Section 7 of this procedure. Questions or concerns about Title IX, or the application of Title IX in this procedure, also may be referred to the U.S. Department of Education’s Office for Civil Rights at https://ocrcas.ed.gov/contact-ocr.

The Title IX Coordinator is responsible for managing the School’s compliance with Title IX and the effective implementation of this procedure. Any references to the actions of the Title IX Coordinator in this procedure may be performed by the Title IX Coordinator or designee.

The School designates and appoints the following individuals as Title IX Deputy Coordinators to assist the Title IX Coordinator in fulfilling efforts to comply with Title IX. Title IX Deputy Coordinators are also referred to in this policy and procedure as designee.

Sherri Sarata, Title IX Deputy Coordinator, 1375 N. Main Street #41, Adrian, Michigan 49221, Sherri@sambeaufordwoodshop.com (517) 759-3070.

In addition to addressing complaints against a particular party, the Title IX Coordinator also facilitates the handling of reports that School policies or practices may discriminate on the basis of sex, gender identity, gender expression, or sexual orientation. The Title IX Coordinator conducts an assessment of such concerns and, using procedures the Title IX Coordinator determines to be appropriate given the circumstances, and works with the School to ensure that its policies and practices are compliant.

1. NON-DISCRIMINATION IN APPLICATION

The requirements and protections of this procedure apply equally regardless of sex, race, color, religion, national origin, ancestry, age, disability, genetic information (GINA), military status, sexual orientation, pregnancy, status as a parent of a young child or status as a foster parent, and gender identity and expression covered by federal or state law. All requirements and protections are equitably provided to individuals regardless of such status or status as a complainant, respondent, or witness. Individuals who wish to file a complaint about the School’s procedure may contact the Department of Education’s Office for Civil Rights at https://ocrcas.ed.gov/contact-ocr.

1. DEFINITIONS

   1. (a)Actual Knowledge - notice of Sexual Harassment or allegations of Sexual Harassment to the School’s Title IX Coordinator or any of the following officials who have the authority to institute corrective measures on behalf of the School:

      1. Deputy Title IX Coordinators;

      2. Campus Public Safety;

      3. Employees of Administration office; or

      4. (iv)Administrative employees (Directors and above) with managerial responsibilities, including all academic Directors.

This standard is not met when the only official of the School to have knowledge is the respondent.

1. 1. (b)Business Day - the hours between 8 a.m. and 5 p.m. Monday through Friday, excluding holidays and other times when the School is closed or notifies changes to its regular business hours.

   2. Calendar Day - the period from one midnight to the following midnight.

   3. Coercion - a type of force that relies on unreasonable pressure for sexual activity against an individual’s will. Coercion includes a wide range of behaviors which override the voluntary nature of participation in sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.

1. 1. (e)Complainant - an individual who is alleged to have experienced conduct that could constitute Prohibited Conduct under this procedure.

   2. Confidentiality - See Section 8 of this procedure.

   3. (g)Consent - a freely and affirmatively communicated willingness to participate in sexual activity, expressed by clear, unambiguous words or actions. It is the responsibility of the initiator of the sexual activity to ensure that the initiator has the other person’s consent to engage in sexual activity, throughout the entire sexual activity. At any time, a participant can communicate that they no longer consent to continuing the activity. Consent may never be obtained through the use of force, including coercion, or if the victim is mentally or physically incapacitated, including through the use of drugs or alcohol. Consent cannot be assumed based on the existence of a previous intimate relationship or sexual encounter. Additionally, the initiator’s use of alcohol or drugs does not diminish the initiator’s responsibility to obtain consent. There is no requirement of a party to resist the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of consent is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but nonconsensual sexual activity is not by definition forced.

   4. (h)Education Program or Activity - includes all of the School’s operations, which encompasses employment, as well as locations, events or circumstances over which the School exercises substantial control over both the respondent and the context in which the conduct occurs.

   5. (i)Exculpatory Evidence - evidence that tends to suggest that the respondent did not commit a policy violation.

   6. (j)Force - the use of physical violence and/or imposing on someone physically to engage in sexual activity and/or the use of threats, intimidation and coercion to overcome resistance to sexual activity.

   7. (k)Formal Complaint - a document, including an electronic submission, filed by a complainant with a signature or other indication that the complainant is the person filing the Formal Complaint, alleging Prohibited Conduct against a respondent about conduct within the School’s jurisdiction (as defined in Section 2 of this procedure) and requesting initiation of the formal procedure to investigate the allegation of sexual harassment. The Title IX Coordinator, or designee, also may file Formal Complaints as explained in Section 13(b) of this procedure.

   8. (l)Inculpatory Evidence - evidence that tends to suggest that the respondent committed a policy violation.

   9. (m)Incapacitation - a state in which a person cannot make rational decisions about engaging in sexual activity. Incapacitation may result from a temporary or permanent mental or physical disability, from sleep or unconsciousness, or from the taking of alcohol or other drugs. Apparent consent by an incapacitated complainant is not valid where a respondent knew or should have known that the complainant was incapacitated.

   10. (n)Preponderance of the Evidence - the standard of evidence used to resolve the disputed issue of fact and to make decisions as to whether Prohibited Conduct occurred. A preponderance of the evidence exists where the evidence establishes that the disputed fact is more likely than not to be true. A preponderance of the evidence also exists where the evidence establishes that the Prohibited Conduct is more likely than not to have been committed. In determining whether a preponderance of the evidence exists, the decision-maker relies on the quality and relative weight of the evidence rather than the quantity of evidence.

   11. Privacy - See Section 8 of this procedure.

   12. (p)Prohibited Conduct - the conduct prohibited by this procedure. There are six types of Prohibited Conduct that qualify as “Title IX Sexual Harassment,” each of which is defined more specifically below in Section 6: (1) quid pro quo sexual harassment, (2) unwelcome conduct sexual harassment, (3) sexual assault, (4) dating violence, (5) domestic violence, and (6) stalking, on the basis of sex. The definitions used here are mandated by federal regulations.

   13. (q)Relevant Evidence and Questions - Relevant evidence and questions refer to any questions and evidence that tend to make an allegation of sexual harassment more or less likely to be true.

Relevant evidence and questions do not include the following types of evidence and questions, which are deemed irrelevant at all stages of this procedure:

1. 1. 1. Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:

         1. They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or

         2. They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

      2. (ii)Any party or witness’ medical, psychological and similar records unless the individual to whom the record pertains has given voluntary, written consent.

      3. (iii)Evidence and questions that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the individual who holds the privilege has waived it.

   2. (r)Respondent - an individual who is alleged to have committed conduct that could constitute Prohibited Conduct under this procedure.

   3. (s)Sexual harassment - means conduct on the basis of sex that satisfies one of more of the following: (1) an employee of the institution conditioning the provision of an aid, benefit or service of the School on an individual’s participation in unwelcome sexual conduct; (2) unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it denies a person access to the institution’s education program or activity; or (3) “sexual assault” (as defined in the Clery Act) , “dating violence,” “domestic violence,” or “stalking” as defined (all as defined in VAWA).

   4. (t)Supportive Measures - non-disciplinary and non-punitive resources and measures available to the parties. When a complainant reports potential Prohibited Conduct as defined in this procedure, the Title IX Coordinator or designee will contact the complainant to assess their immediate needs and offer supportive measures as appropriate. Complainants have the right to receive supportive measures from the School regardless of whether they decide to file a Formal Complaint. The Title IX Coordinator also shall offer supportive measures to respondents. Supportive measures also include “protective measures” as that term is defined by the Clery Act and implementing regulations.

   5. Writing – includes written, electronic, or email communication.

1. PROHIBITED CONDUCT

Sexual Harassment as defined by the Title IX regulations includes any one of the following:

1. 1. (a)Quid Pro Quo - An employee of the School conditioning the provision of an aid, benefit or service of the School on an individual’s participation in unwelcome sexual conduct;

   2. (b)Hostile Environment - Unwelcome conduct on the basis of sex determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the School’s education program or activity;

   3. (c)Sexual Assault - A forcible or non-forcible sex offense as defined by the Uniform Crime Reporting system used by the Federal Bureau of Investigation pursuant to 20 U.S.C. 1092(f)(6)(A)(v), including rape, sodomy, sexual assault with an object, fondling, incest and statutory rape. These definitions prohibit the following behaviors:

      1. Vaginal, anal, or oral sexual intercourse with a person without their consent;

      2. (ii)Touching the private body parts of another person for the purpose of sexual gratification without their consent;

      3. (iii)Sexual intercourse between persons who are related to each other within the diplomas wherein marriage is prohibited by law. In Michigan, Revised Code Section 3101.01(A) provides that individuals nearer of kin than second cousins may not marry;

      4. (iv)Sexual intercourse with a person who is under the statutory age of consent. In Michigan, Revised Code Section 2907.02(A)(1)(b) provides that no person may have sex with a child under the age of thirteen. Michigan Revised Code Section 2907.04(A) provides that no person over the age of eighteen may have sex with a child under the age of sixteen.

   4. (d)Dating Violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.

   5. (e)Domestic Violence - Felony or misdemeanor crimes of violence on the basis of sex committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner or by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction. Domestic violence also includes felony or misdemeanor crimes of violence committed by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction, where such conduct is on the basis of sex.

   6. (f)Stalking - Engaging in a course of conduct, on the basis of sex, directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

Stalking and domestic violence, as defined above that are not conducted on the basis of sex will be addressed by Administration office.

For reported behavior to qualify as Title IX Sexual Harassment under this Policy, in addition to meeting the elements of the specific type of sexual harassment, defined above, it must meet all of the following requirements, as determined by the Title IX Coordinator and as mandated by federal law:

1. The conduct must have occurred against a person in the United States;

2. The conduct must have occurred within the School’s education program or activity. For purposes of this provision, this means that the conduct must have occurred either (a) in a location, event, or circumstances over which the School exercised substantial control over both the respondent and the context in which the sexual harassment occurs or (b) in relation to a building owned by a student organization that is officially recognized by the School; AND

3. The complainant must be participating in or attempting to participate in the education program or activity of the School at the time the formal complaint is filed.

Conduct that does not meet these requirements may still be addressed by the School through its Code of Conduct or Employee Handbook.

1. REPORTING PROHIBITED CONDUCT

Anyone who feels they are in immediate danger are strongly encouraged to call 911.

1. 1. Making a Report to the School

The School strongly encourages individuals who have experienced or witnessed Prohibited Conduct to file a report with the Title IX Coordinator as soon as reasonably possible. Making a report does not require further action on the part of the reporter.

Employees of the School who become aware of behavior that may constitute Prohibited Conduct are required to report all information regarding such Prohibited Conduct to the Title IX Coordinator as soon as reasonably possible (see Section 9 of this procedure).

Any person may report potential Prohibited Conduct in person, by mail, by telephone or by email, using the contact information listed for the Title IX Coordinator, or by any other means that result in the Title IX Coordinator receiving the person’s verbal or written report. Such reports may be made at any time, including during non-business hours.

SBWI’s Title IX Coordinator: Cretia Johnson, Title IX Coordinator, 1467 Mount Vernon Adrian, Michigan 43302, johnsonc@SBWI.edu, (740) 386-4195.

The Title IX Coordinator and/or the Deputy Title IX Coordinators will consult with the complainant to determine if it is appropriate to make a Formal Complaint. Anonymous reports may be made, but depending on the level of information provided, anonymous reporting may limit the School’s ability to respond. Employees who are required to make reports under this procedure are not permitted to make such reports anonymously. If the anonymous report includes a crime, it will be counted in the School’s crime statistics.

Any student, employee, or third party who reports that they have experienced sexual assault, domestic violence, dating violence, or stalking on the basis of sex shall be provided with a written explanation of their rights, options, and available services. These rights and options include the opportunity to access specific support services at the School and in the community, such as assistance with changing academic and working arrangements upon request. Appropriate School officials will determine if the request is reasonable. Such rights also apply to the respondent.

Please note, a report of Prohibited Conduct does not automatically result in a formal investigation. The Title IX Coordinator will need to evaluate whether the report alleges sufficient information to meet the jurisdictional requirements.

Students or employees who knowingly or maliciously make a false or frivolous allegation of Prohibited Conduct will be subject to sanctions from the School. Student sanctions will follow procedures outlined in AP 420 – Student Disciplinary Action and employee sanctions will follow AP 306 – Disciplinary Action. Where it is alleged that the Title IX Coordinator has engaged in Prohibited Conduct, such report may be directed to the Director of Operations for Business Affairs, who will designate an appropriate individual to act as the Title IX Coordinator for purposes of that report.

1. 1. Reporting Options

When an individual experiences Prohibited Conduct, the following options are available to them, which can be explained in more detail by the Title IX Coordinator:

1. 1. 1. (i)If the Prohibited Conduct constitutes a crime, the option to notify School law enforcement and/or local law enforcement. The School can help facilitate such notification;

      2. (ii)The option to seek a protection order and/or other legal orders through a court with jurisdiction, which will be enforced by the School as may be required by the order;

      3. (iii)The option to seek medical attention, counseling services or other confidential resources (see Section 8 of this procedure);

      4. (iv)The option to file a report with the Title IX Coordinator and request appropriate supportive measures;

      5. (v)The option to report Prohibited Conduct to an employee who is required to file the information with the Title IX Coordinator, except where the disclosure is made in the context of a confidential relationship (e.g., counselor-patient);

      6. (vi)The option to file a Formal Complaint with the Title IX Coordinator to pursue informal resolution or a formal investigation;

      7. (vii)The option to report Prohibited Conduct using email address dena@sambeaufordwoodshop.com, which will then be directed to the Title IX Coordinator and all Title IX Deputy Coordinators.

A complainant may choose multiple options, and the options they choose may change over time. For example, a complainant may choose initially to proceed with a criminal investigation, or this process, both or neither. Regardless of those choices, the complainant may seek a protection order, confidential resources, supportive measures, and/or file a Formal Complaint.

1. 1. Making a Report to Law Enforcement

Where an individual has been subjected to violence or other criminal acts, the School encourages such individuals to seek assistance from medical providers and/or law enforcement immediately after the incident, whether or not the complainant intends to pursue criminal charges. This is to assist in the preservation of evidence and to begin a timely response by law enforcement. Preserving evidence may later assist in proving that an alleged criminal offense occurred, or it may be helpful in obtaining a protection order if one is desired.

The Title IX Coordinator can assist in notifying law enforcement authorities if the complainant chooses. Complainants also may decline to notify such authorities. Also see Section 9 of this procedure regarding Michigan’s felony reporting law.

1. CONFIDENTIALITY AND PRIVACY

Confidentiality and privacy are two distinct concepts under this procedure.

Privacy means that information will be protected except to the extent it is necessary to disclose information in order to respond to a report, effectuate supportive measures, facilitate an informal resolution, administer a Formal Complaint under this procedure, provide remedies to those who experience Prohibited Conduct and ensure the safety of individuals and the School community. The Title IX Coordinator and School employees are expected to respect the privacy of the parties and

witnesses to a report or Formal Complaint and share information only on a “need to know” basis. Personally identifiable information regarding students is further protected by the federal Family Educational Rights and Privacy Act (FERPA), but sharing information as required by this procedure is permitted under that Act.

Confidentiality means that information will not be shared by the individual who receives the information except in limited circumstances, such as where there is an imminent threat of harm to the individual or to others, or where there is knowledge or suspicion of child abuse (including sexual abuse and molestation) or neglect.

Individuals seeking confidential assistance through School resources may contact the following:

1. 1. Executive Administration Office – (517) 759-3070

Individuals seeking confidential assistance outside of the School may contact the following:

1. Mental health providers

1. 24/7 Hotlines:

2. ChildHelp National Child Abuse Hotline – (800) 422-4453

3. Crisis Text Line – text “HOME” to 741741

4. Gay, Lesbian, Bisexual and Transgender National Hotline – (888) 843-4564

5. National Domestic Violence Hotline – (800) 799-7233

6. National Human Trafficking Hotline – (888) 373-7888

7. National Sexual Assault Hotline – (800) 656-HOPE

8. National Suicide Prevention Lifeline – (800) 273-8255

9. National Teen and Young Adult Dating Abuse Helpline – (866) 331-9474 or text “loveis” to 22522

The School is required by the Clery Act to keep certain publicly available records regarding crimes that are reported on or near campus property. Such records do not include personal information regarding victims of such crimes, to the extent permissible by law.

1. EMPLOYEE AND VOLUNTEER REPORTING RESPONSIBILITIES

All employees are required to notify the Title IX Coordinator or, in absence of the Title IX Coordinator, one of the Deputy Title IX Coordinators upon learning of Prohibited Conduct.

Although employees cannot provide confidentiality when they learn of potential Prohibited Conduct, they will maintain the privacy of those involved to the greatest extent possible.

All individuals, including employees and volunteers of the School, are required by Michigan law to report felonies, including sexual assault, to law enforcement unless they learn of such conduct in the context of a confidential relationship, such as counselor-patient treatment. The Title IX Coordinator can assist in facilitating this reporting upon request.

All employees and volunteers of the School are required to report potential sexual abuse and molestation of a minor to law enforcement or child protective services. The Title IX Coordinator can assist in facilitating this reporting upon request.

Employees and volunteers who fail to comply with these reporting responsibilities are subject to disciplinary action, up to and including termination of employment.

1. SUPPORTIVE MEASURES

Upon receipt of a report of potential Prohibited Conduct, the Title IX Coordinator shall offer the complainant reasonably available and appropriate supportive measures. The Title IX Coordinator also shall offer supportive measures to respondents. The supportive measures that are offered to the parties may evolve as circumstances change, and either party may request different or additional supportive measures from the Title IX Coordinator at any time. It is not necessary for a party to file a Formal Complaint or make a report to law enforcement in order to receive supportive measures.

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the recipient of the measures. The measures shall be designed to restore or preserve equal access to the School’s education program or activity, including employment, without unreasonably burdening the other party. Supportive measures may be designed

to protect the safety of a party or of the School’s educational, and/or working environment, or they may be designed to deter Prohibited Conduct. The Title IX Coordinator is responsible for determining and coordinating the effective implementation of supportive measures.

Examples of supportive measures that may be offered include:

1. 1. Counseling;

   2. Extensions of deadlines or other course-related adjustments; (c) Modifications of work or class schedules;

1. Campus escort services;

2. Mutual restrictions on contact between the parties;

3. Changes in work locations;

4. Increased security and monitoring of certain areas of the campus;

5. Changes to academic and working situations

6. Other similar measures as deemed appropriate by the Title IX Coordinator

School employees are expected to keep supportive measures private except as may be necessary to provide the supportive measures.

The Title IX Coordinator is responsible for maintaining records of all supportive measures that are given to each party, information about which measures were requested by a party but not offered and the rationale for such decision, and information about which supportive measures were offered but rejected by a party. If the School does not offer supportive measures to a party, it must document the reasons why such response was reasonable in light of the known circumstances.

As required by the Clery Act, the School provides written notification to student and employee complainants about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other services available for complainants who report being victims of crimes.

1. EMERGENCY REMOVAL

The School retains the authority to remove individuals who are alleged to have committed Prohibited Conduct under this procedure from its program(s) or activity(ies) on an emergency basis. If a respondent is alleged to have committed Sexual Harassment, the School will undertake an individualized safety and risk analysis in order to determine if there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Prohibited Conduct which justifies a removal.

If the School determines such removal is necessary, the respondent who is alleged to have committed Sexual Harassment will be provided notice and an opportunity to challenge the decision immediately following the removal.

1. ADMINISTRATIVE LEAVE

The School retains the authority to place a non-student employee respondent on paid administrative leave during this procedure. Paid administrative leave is not considered to be an “emergency removal” for purposes of Section 11 of this procedure.

1. FORMAL INVESTIGATION AND DECISION-MAKING PROCESS

   1. Overall Timeframe

The timeframe for the formal investigation and resolution process begins with the filing of a Formal Complaint. The process will be concluded within a reasonably prompt manner, and no longer than sixty

(60) business days after the filing of the Formal Complaint. However, the process may be extended for good cause, including but not limited to the unavoidable absence of a party, a party’s advisor, or a witness; the complexity and scope of the allegations; the complexity and amount of evidence submitted for consideration; the number of witnesses involved; concurrent law enforcement activity; intervening School breaks or closures; or the need for language assistance or accommodation of disabilities. In the event that an extension is granted by the Title IX Coordinator, the parties will be notified by written communication of the reason(s) for the delay and the expected adjustment in timeframes.

Parties may request the extension of deadlines within this process for good cause provided that the requestor provides reasonable notice and the delay does not overly inconvenience other parties. The Title IX Coordinator shall have sole discretion to determine such extensions, which if granted, shall be provided to the parties to the extent applicable.

1. 1. Filing a Formal Complaint

To file a Formal Complaint, the complainant must file a signed written document (which may be electronic) that alleges Prohibited Conduct against a respondent and requests that the School investigate the allegation of Prohibited Conduct. Such complaints must be filed with the Title IX Coordinator in person, by mail, or by email. If a complainant is not 18 years of age and is not enrolled in the School, the School must obtain the voluntary, written consent of a natural parent, guardian, or an individual acting as a parent in the absence of a parent or guardian before proceeding with an investigation.

Upon receipt of a Formal Complaint from a complainant, the Title IX Coordinator will conduct an initial assessment to determine whether the Formal Complaint properly alleges Prohibited Conduct under this procedure. The Title IX Coordinator may gather additional information if necessary to make such a determination. Formal Complaints alleging Prohibited Conduct will be handled according to this procedure. The Title IX Coordinator also may consolidate potential violations of other School policies into a Formal Complaint where they relate to the alleged Prohibited Conduct and the Title IX Coordinator determines, in their sole discretion, that it is appropriate to do so under the circumstances. Formal Complaints that do not allege any Prohibited Conduct under this procedure will be addressed by the appropriate policy and/or procedure and/or forwarded to the appropriate School office, if any, for further consideration.

If a Formal Complaint is brought against a respondent that is not subject to substantial control by the School, such as where the respondent is not an employee or student, the Title IX Coordinator may, in their sole discretion, consult with the Campus Public Safety Office to determine if a Criminal Trespass Order is appropriate and/or take other steps to protect the safety of the campus in lieu of any further investigation or decision-making. In such situations, all parties simultaneously shall be notified by written communication that the Formal Complaint has been dismissed and the reasons for dismissal The Title IX Coordinator still shall offer appropriate supportive measures to the complainant pursuant to this procedure.

The Title IX Coordinator also may file a Formal Complaint upon receiving a report that potential Prohibited Conduct has occurred. Factors to consider when making this decision include the preferences and concerns of the complainant, the nature and circumstances of the allegations in the report, the severity and impact of the reported conduct, allegations of repeated behavior by the respondent, whether the respondent has admitted to the conduct, whether there are multiple complainants or respondents, whether the respondent has threatened further Prohibited Conduct or violence against the complainant or others, whether the respondent is an employee and whether the School possesses independent means to obtain relevant evidence if the complainant is not willing or able to participate. If a complainant requests that no formal action be taken, the School will balance that request with its responsibility to protect the School community from Prohibited Conduct. The Title IX Coordinator will inform the complainant of whether the School will take formal action on the Formal Complaint by written communication. If the Title IX Coordinator decides to take formal action, the Title IX Coordinator will inform the complainant of this decision prior to notifying the respondent of the Formal Complaint. If the complainant chooses not to participate in the Formal Complaint and the process that follows it, they are still entitled to receive all notices issued under this procedure.

The Title IX Coordinator may consolidate Formal Complaints alleging Prohibited Conduct against more than one respondent, or by more than one complainant against one or more respondents, or by one

party against the other party, where the allegations of Prohibited Conduct arise out of the same facts or circumstances.

The Title IX Coordinator, or designee, will acknowledge receipt of the Formal Complaint within two (2) business days.

Nothing in this procedure prevents a complainant from seeking the assistance of law enforcement alongside the appropriate School process. If a Formal Complaint is filed in relation to a concurrent law investigation, the School will coordinate with law enforcement to ensure its procedures do not interfere with that investigation.

The Title IX Coordinator may, in their sole discretion, dismiss a Formal Complaint or any of the allegations therein if at any time during the investigation or decision-making process:

1. 1. 1. (i)A complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations therein;

      2. The respondent is no longer enrolled in or employed by the School; or

      3. (iii)Specific circumstances prevent the School from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.

If a Formal Complaint is dismissed, the School will promptly send written notice of the dismissal and the reasons for the dismissal simultaneously to the parties. Where a Formal Complaint is dismissed, the School may take action under another provision of its policies and/or codes of conduct.

1. 1. Title IX Hearing Eligibility

When a Formal Complaint is filed, the Title IX Coordinator will determine whether the matter is potentially eligible for a Title IX Hearing.

Under the federal Title IX regulations, only certain cases are eligible for a Title IX Hearing. To be eligible for a Title IX Hearing, all of the following must be true:

1. 1. 1. (i)The Formal Complaint was filed by a complainant who, at the time of filing, was either participating in or attempting to participate in a School education program or activity, including employment;

      2. The Formal Complaint alleges Sexual Harassment;

      3. The Sexual Harassment is alleged to have occurred against a person in the United States;

      4. (iv)The Sexual Harassment is alleged to have occurred within the School’s education program or activity.

Sexual Harassment and/or other Prohibited Conduct under this procedure that does not meet the above criteria will be addressed by the Non-Title IX Resolution process described in Section 13(h) of this procedure.

This determination of whether the matter will proceed to a Title IX Hearing or a Non-Title IX Resolution will be finalized after the investigative report is submitted, as described below.

1. 1. Notice to the Parties

Where a Formal Complaint has been determined through an initial assessment to properly allege Prohibited Conduct, the Title IX Coordinator, or designee, shall provide written notice to the parties that shall include the following:

1. 1. 1. Notice of this procedure

      2. (ii)Notice of the allegations of Prohibited Conduct, including sufficient details known at the time of the notice and with sufficient time to prepare a response before any initial interview. Such notice shall contain:

         1. The identities of the parties involved in the incident(s), if known;

         2. The allegations of Prohibited Conduct;

         3. The date and location of the reported incident(s), if known.

      3. (iii)A statement that the respondent is presumed not responsible for the reported conduct and that a determination regarding responsibility is made at the conclusion of the process

      4. (iv)A statement that the parties may have an advisor of choice, who may be an attorney, accompany them to any related meeting or proceeding under this procedure

      5. A statement that the parties may inspect and review evidence as provided in this procedure

      6. (vi)A statement that the parties may suggest witnesses and provide statements and evidence as permitted by this procedure

      7. A statement that the allegations may be eligible for a Title IX Hearing under this procedure, or whether they may be subject to a “mandatory dismissal” from the Title IX Hearing process under this procedure

      8. (viii)Notice that the School prohibits knowingly making false statements or knowingly submitting false information during the process of filing and addressing a Formal Complaint

      9. Notice of how to request supportive measures under this procedure

      10. A statement that retaliation is prohibited under this procedure

      11. Information about how to request reasonable accommodations relating to a disability

If, during the course of an investigation, the Title IX Coordinator determines it is appropriate to include additional allegations in the investigation, the Title IX Coordinator, or designee, will provide written notification of those additional allegations and sufficient details of such allegations to the parties.

1. 1. Role of the Advisor

Each party may bring an advisor of their choice with them to all meetings and/or proceedings under this procedure. The advisor may be an attorney, or another individual that the party chooses. Advisors may not be disruptive to the process. At any point, advisors may be removed or dismissed from the process for disruptive behavior or where they do not abide by the restrictions on their participation. Except as described below with regard to live hearings in Section 13(i) of this procedure, the advisor’s role is limited to providing advice and support to the party.

1. 1. Informal Resolution

After the initiation of a Formal Complaint, if all parties voluntarily consent by written communication, the School may determine whether it is appropriate to assist the parties in an informal resolution process. An informal resolution process is available at any time prior to reaching a determination regarding responsibility, except that federal regulations prohibit informal resolution in the cases of reports of Sexual Harassment brought by a student against a School employee.

Before initiating an informal resolution process, the School will: (1) provide the parties a written notice that an informal resolution process is available to them; and (2) obtain the parties’ voluntary, written consent to the informal resolution process. The written notice to the parties will disclose the allegations, the requirements of the informal resolution process (described below) and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

The School does not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, the waiver of the right to an investigation and adjudication of Formal Complaints under this procedure. Similarly, the School will never require the parties of a Formal Complaint under this procedure to participate in an informal resolution process.

The School’s informal process provides any party, at any time prior to agreeing to a resolution, the right to withdraw from the informal resolution process and resume the formal resolution process with respect to the Formal Complaint.

When allegations of Prohibited Conduct can be resolved through informal resolution by mutual consent of the parties and on a basis that is acceptable to the Title IX Coordinator, the resolution process shall be considered final and binding and there will be no subsequent process or appeal.

1. 1. Investigation

Formal Complaints shall be investigated by a trained investigator who is free from bias or conflicts of interest. The Title IX Coordinator, in their discretion, may assign more than one investigator to a case and may perform the role of investigator while carrying out the duties of Title IX Coordinator. The investigator(s) shall gather relevant evidence sufficient to reach a determination regarding responsibility, as the burden of proof and the burden of gathering evidence is an obligation that rests on the School and not the parties.

1. 1. 1. Submission of Evidence and Witnesses

The parties each have the opportunity to be interviewed by the investigator(s), submit relevant evidence and witness names and contact information to the investigator(s) and provide a written statement to the investigator(s) if they choose. The parties may present fact and expert witnesses to the investigator(s).

Each party shall be provided with written notice of the date, time, location, participants and purpose of all investigative interviews or other meetings that they are expected to attend, with sufficient time for the party to prepare to participate. Each party may bring an advisor to all investigative meetings or interviews. Except as described with regard to live hearings in Section 13(i) of this procedure, the advisor’s role is limited to providing advice and support to the party.

1. 1. 1. Review of Evidence

When the investigator(s) believes they are ready to prepare the investigation report, the Title IX Coordinator will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties will have ten (10) calendar days to submit a written response. The parties will have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the

Formal Complaint, including the evidence upon which the School does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source. The School will not consider or provide for inspection and review of evidence which the School knows was illegally or unlawfully created or obtained.

Parties and their advisors are not permitted to download, print, share or otherwise disseminate any of the evidence subject to inspection and review. Parties who download, print, share or otherwise disseminate the evidence will be subject to sanctions or disciplinary actions determined by the Title IX Coordinator.

1. 1. 1. Preparation of Investigative Report and Party Response

The investigator(s) will review the parties’ written responses, conduct any follow-up investigation the investigator(s) deems appropriate and prepare an investigative report that summarizes relevant evidence. The investigative report will not include a summary of evidence not considered to be relevant. If the complaint involves multiple complainants, multiple respondents, or both, the School may issue a single investigative report.

Each party and their advisor shall receive a copy of the investigative report for their review and written response, at least ten (10) calendar days prior to a hearing or other time of determination regarding responsibility. If a party disagrees with the investigator’s determination about which evidence is relevant, the party may include arguments for or against relevance of evidence in their written response.

1. 1. 1. Final Determination as to Hearing Eligibility

The investigative report will include an assessment as to whether the reported conduct is eligible for a Title IX Hearing. Under the federal Title IX regulations, only certain cases are eligible for a Title IX Hearing. To be eligible for a Title IX Hearing, all of the following must be true:

1. 1. 1. 1. The Formal Complaint was filed by a complainant who, at the time of filing, was either participating in or attempting to participate in a School education program or activity, including employment;

         2. The Formal Complaint alleges Sexual Harassment;

         3. The Sexual Harassment is alleged to have occurred against a person in the United States; and

         4. The Sexual Harassment is alleged to have occurred within the School’s education program or activity.

The Title IX Coordinator will review the assessment and determine whether they concur with the assessment of the investigator(s) and whether a Title IX Hearing will be held.

If the Title IX Coordinator determines that none of the conduct, if proven, meets the requirements for a Title IX Hearing, the Title IX Coordinator shall notify the parties that the case is subject to mandatory dismissal from the Title IX Hearing process found in this procedure and the case shall proceed to a Non- Title IX Resolution pursuant to Section 13(h) of this procedure.

If the Title IX Coordinator determines that the case is eligible for a Title IX Hearing, the case shall proceed to a Title IX Hearing pursuant to Section 13(i) of this procedure.

The Title IX Coordinator’s decision regarding Title IX Hearing eligibility may be appealed to the Director of Operations of Business Affairs within three (3) business days of receipt of the decision.

The Director of Operations’s decision is final and binding.

1. 1. Non-Title IX Resolution

Cases that do not proceed to a Title IX Hearing will be resolved through the Non-Title IX Resolution process. Such process is typically completed within thirty (30) calendar days of referral for decision, except where extensions are appropriate for good cause as determined by the Title IX Coordinator in consultation with the Administration office, if the respondent is a student, or Administration office, if the respondent is an employee. The Title IX Coordinator will give written notice of the reason for the extension.

Where the respondent is a student or former student, the case shall be referred to the Administration office for resolution through the student discipline process, in accordance with policy AP 420 – Student Disciplinary Action.

Where the respondent is an employee or former employee, the case shall be referred to Administration office, who shall resolve it pursuant to the employee discipline process, in accordance with policy AP 306 – Disciplinary Action and other relevant policies.

The decision-maker in this process will inform the respondent and the complainant, as appropriate, of the determination and options to appeal, in writing.

1. 1. Title IX Hearing

The School will hold a live hearing after the investigation, where the case is determined to be eligible for such hearing. Hearings are typically held within thirty (30) calendar days of referral for hearing, except where extensions are appropriate for good cause as determined by the Title IX Coordinator with written notice to both parties of the reason for the extension.

The Title IX Coordinator will appoint a trained decision-maker (hereinafter “Hearing Officer”) to serve as decision maker during the hearing. The Hearing Officer will not be the Title IX Coordinator, the investigator(s) who investigated the allegations, or the individual coordinating informal resolution. The Hearing Officer is under an obligation to objectively evaluate all relevant evidence both inculpatory and exculpatory. The Hearing Officer has the right to ask questions and elicit information from parties and witnesses on the Hearing Officer’s own initiative.

The School will not limit the choice or presence of an advisor for complainant or respondent in any meeting or related proceeding. Advisors are required to abide by School restrictions regarding the extent to which they may participate in proceedings, and any restrictions will apply equally to the parties. If a party’s advisor refuses to comply with restrictions set by the School, the School may require the party to use a different advisor.

At least five (5) business days prior to the hearing, a separate pre-hearing conference will be held with each party, the party’s advisor, the Title IX Coordinator and the Hearing Officer. At the pre-hearing conference, the party and advisor must disclose the witnesses that will be requested and the evidence that will be submitted for consideration. Evidence and witnesses may only be considered at the hearing if they were submitted to the investigator, unless they were previously unknown or unavailable to the party during the investigation. The Hearing Officer will decide whether to grant any requests for new evidence and new witnesses at the pre-hearing conference. The Hearing Officer also will discuss guidelines for appropriate behavior and decorum during the hearing. The parties are not required to attend but are encouraged to do so.

Hearings will be conducted with all parties physically present in the same geographic location or, at the School’s discretion, any or all parties, witnesses and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.

The School will create a recording, or transcript, of any live hearing and make it available to the parties for inspection and review.

At the live hearing, the Hearing Officer will permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Before a complainant, respondent, or witness answers a question, the Hearing Officer will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

The Hearing Officer is not required to give a lengthy or complicated explanation of a relevancy determination during the hearing and may send to the parties after the hearing any revisions to the Hearing Officer’s explanation that was provided during the hearing.

Cross-examination at the live hearing will be conducted directly, orally and in real time by the party’s advisor of choice and never by a party personally. All questioning will be relevant, respectful and non- abusive. No party will be “yelled” at or asked questions in an abusive or intimidating manner.

If a party or witness does not submit to cross-examination at the live hearing, the Hearing Officer will not rely on any statement of that party or witness in reaching a determination regarding responsibility. However, a respondent’s alleged verbal conduct that itself constitutes the reported Prohibited Conduct at issue is not considered the respondent’s “statement” and therefore may be considered even if the respondent does not submit to cross-examination. Similarly, video or audio evidence showing the conduct alleged within a complaint may be considered, even if the party does not submit to cross- examination. The Hearing Officer will not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal

to answer cross-examination or other questions.

If a party does not have an advisor present at the live hearing, the School will provide, without fee or charge to that party, an advisor of the School’s choice to conduct cross-examination on behalf of that party. That advisor may be, but is not required to be, an attorney.

Relevancy determinations will be made pursuant to Section 13(j). Credibility will be considered pursuant to Section 13(k). Decisions will be prepared pursuant to Section 13(l). Sanctions, if any, will be determined pursuant to Section 13(m). Additional remedies, if any, will be determined pursuant to Section 13(n). All references to Sections refer to sections in this procedure.

1. 1. Relevance

Relevant evidence is evidence that tends to make a fact that is important to the case either more probable or less probable. Relevant questions are those questions that are designed to elicit relevant evidence.

The following may be considered irrelevant:

1. 1. 1. Repetitive or duplicative questions or evidence;

      2. Information that is protected by a legally recognized privilege, such as attorney-client privilege;

      3. (iii)Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior, unless:

         1. Such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant; or

         2. The questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent;

      4. (iv)Any party’s medical, psychological and similar records, unless the party has given voluntary, written consent for their use in the process.

The School will not exclude relevant evidence because such relevant evidence may be unduly prejudicial, concern prior bad acts (unless excluded above) or constitute character evidence. However, the Hearing Officer may objectively evaluate such evidence by analyzing whether that evidence warrants a high or low level of weight or credibility.

Pattern evidence may be determined to be relevant by the Hearing Officer where the respondent was previously found to be responsible for the offense, the previous incident was substantially similar to the present allegation and the information indicates a pattern of behavior and substantial conformity with that pattern by the respondent.

1. 1. Credibility

The Hearing Officer will evaluate all admissible, relevant evidence for weight and credibility. The diploma to which any inaccuracy, inconsistency, or implausibility in a narrative provided by a party or witness should affect a determination regarding responsibility is a matter to be decided by the Hearing Officer, either after reviewing the case file in the case of non-hearing resolution, or after having the opportunity to ask questions of parties and witnesses, and to observe how parties and witnesses answer the questions posed by the other party in the case of a hearing. Corroborating evidence is not required.

Credibility determinations are not based solely on observing demeanor, but also are based on other factors such as the level of specific details and consistency of each person’s account, whether corroborative evidence is lacking where it should logically exist and the inherent plausibility of the statement. Credibility determinations will not be based on an individual’s status as a complainant, respondent, or witness.

The Hearing Officer should evaluate the answers given by anyone testifying in context, including taking into account that the person testifying may experience stress while trying to answer questions.

If a party or witness does not submit to cross-examination at the live hearing, the decision-maker will not rely on any statement (factual assertion to prove or disprove the allegations) of that party or witness in reaching a determination regarding responsibility.

1. 1. Decision

The Hearing Officer will conduct an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence, and issue a written determination of responsibility for Prohibited Conduct using a “preponderance of the evidence” standard. The same standard of evidence applies to all Formal Complaints regardless of the status or title of the respondent.

The determination of responsibility will include:

1. 1. 1. Identification of the allegations potentially constituting Prohibited Conduct;

      2. (ii)A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits and methods used to gather other evidence and hearings held;

      3. Findings of fact supporting the determination;

      4. Conclusions regarding the application of this procedure to the facts;

      5. (v)A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions or disciplinary actions the School imposes on the respondent (see Section 13(m) of this procedure), and whether remedies will be provided by the School to the complainant (see Section 13(n) of this procedure), and;

      6. (vi)The School’s procedures and permissible bases for the complainant and respondent to appeal (see Section 14 of this procedure).

The nature of remedies, if any, will not be included within the determination. The determination will be provided to the parties simultaneously. The determination becomes final only after the time period for appeal has expired or, if a party does file an appeal, after the appeal decision has been sent to the parties.

1. 1. Sanctions

The School recognizes that not every case of Prohibited Conduct is alike in severity. Therefore, the School reserves the right to consider a range of reasonable sanctions. This range includes, but is not limited to, a formal warning, receiving a reprimand in the course of employment, mandatory training, behavioral contracts, administrative referrals, community service, loss of privilege, disciplinary probation, removal from a course, restitution, facility suspension/expulsion, banishment from School property, revocation of admission, revocation of diploma, suspension, expulsion, employment demotion and/or termination of employment.

Where a respondent is found to have engaged in sexual assault, dating violence, domestic violence (regardless of whether based on sex), or stalking (regardless of whether based on sex), the sanction will generally result in either suspension or permanent removal from the School.

A respondent’s prior disciplinary record will be taken into consideration in assigning sanctions. More than one sanction may be imposed for any single violation. Any sanction imposed will be in effect on all School-owned or – controlled property, and at all events or functions sponsored by or under the supervision of the School, unless otherwise provided in the written decision.

1. 1. Remedies

Where a determination of responsibility for Prohibited Conduct is made, the School will provide remedies to a complainant designed to restore or preserve equal access to the School’s education program or activity, including employment. Such remedies may include the same individualized services provided as supportive measures; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent. The Title IX Coordinator is responsible for effective implementation of remedies.

Where the final determination has indicated that remedies will be provided, the complainant can then communicate separately with the Title IX Coordinator, or designee, to discuss what remedies are appropriately designed to preserve or restore the complainant’s equal access to education.

Remedies for a complainant which do not affect the respondent must not be disclosed to the respondent.

1. APPEALS

Any party may appeal the determination regarding responsibility, or the School’s dismissal of a Formal Complaint or any allegations therein. The parties will have a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome.

The appeal must be made in writing to the Title IX Coordinator within five (5) calendar days of the written notice of the outcome. The appeal must identify the grounds for appeal and must contain information in support of such grounds. The School will notify the other party in writing when an appeal is filed and provide access to the appeal. The nonappealing party may submit a written response within five (5) calendar days of receiving access to the appeal from the Title IX Coordinator.

The only appropriate grounds for appeal are:

1. 1. Procedural irregularity that affected the outcome of the matter;

   2. (b)New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter, and;

   3. (c)The Title IX Coordinator, investigators, or Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

Disagreement with the results, by itself, is not sufficient grounds for an appeal. All grounds for appeal will be available to all parties.

The Title IX Coordinator shall appoint a trained Appeals Officer to issue a written decision describing the result of the appeal and the rationale for the result and provide the written decision simultaneously to the parties. The Appeals Officer will not be the Title IX Coordinator, or designee, who coordinated the case, the investigator(s) who investigated the case or the Hearing Office who reached a decision in the case. The Appeals Officer is typically an Administrator of the School.

The Appeals Officer shall issue a written decision within ten (10) business days of receiving the appeal(s) and response(s) from the Title IX Coordinator. Extensions may be granted by the Title IX Coordinator for good cause and with written notice provided to the parties, including the reason for the extension. The Appeals Officer’s decision will include the result of the appeal and the rationale for the result. The decision will be provided simultaneously to the parties and is final and binding on the parties.

1. TRAINING, IMPARTIALITY AND BIAS

The Title IX Coordinator, investigator(s), Hearing Officer(s), Appeals Officer(s), and facilitator of informal resolution for each case must be trained as required pursuant to the Title IX regulations and, if applicable, pursuant to the Clery Act regulations.

Such individuals must not have a conflict of interest or bias for or against complainants or respondents generally, or for or against an individual complainant or respondent. An individual’s current job title, professional qualifications, past experience, identity, or sex shall not automatically indicate bias. The Title IX Coordinator will apply an objective, common sense approach to evaluating whether a particular person serving in a Title IX role is biased and will exercise caution not to apply generalizations that might unreasonably conclude that bias exists.

1. RETALIATION

Retaliation is strictly prohibited and takes the following forms:

1. 1. (a)Intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by these procedures or by Title IX and its implementing regulations;

   2. (b)Intimidating, threatening, coercing, or discriminating against any individual because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under these procedures or under Title IX and its implementing regulations; and

   3. (c)Pursuing charges against an individual for code of conduct or disciplinary violations that do not involve sex discrimination or Sexual Harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination or a report or Formal Complaint of Sexual Harassment, for the purpose of interfering with any right or privilege secured by this procedure or under Title IX and its implementing regulations.

The exercise of rights protected under the First Amendment does not constitute retaliation. Charging an individual with a code of conduct or disciplinary violation for making a materially false statement in bad faith in the course of any portion of this procedure does not constitute retaliation. A determination regarding responsibility alone is not sufficient to conclude that any party made a materially false statement in bad faith.

An allegation of retaliation as defined above will be addressed by the Title IX Coordinator.

1. RECORD-KEEPING

The Title IX Coordinator shall ensure that the School maintains the following records for a period of seven (7) years after a case file is closed:

1. 1. (a)Records of each investigation regarding Sexual Harassment, including any determination regarding responsibility and any audio or audiovisual recording or transcript of the hearing, any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to

restore or preserve equal access to the School’s education program or activity;

1. 1. Any appeal of a decision regarding Sexual Harassment and the result therefrom;

   2. (c)Any informal resolution of a Formal Complaint regarding allegations of Sexual Harassment and the result therefrom;

   3. (d)All materials used to train the Title IX Coordinator, investigators, decision-makers and any person who facilitates informal resolutions. Such materials shall be made available on the School’s website;

   4. (e)Information regarding the School’s response to any reports of Sexual Harassment that may meet the hearing eligibility requirements, including any supportive measures provided by the School. The

School’s documentation must include the basis of its conclusion that its response was not deliberately indifferent, as well as documentation that measures were designed to restore or preserve equal access to the School’s education program or activity;

1. 1. (f)If the School does not provide a complainant with supportive measures in a case involving allegations of Sexual Harassment, then the School must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

1. DISABILITY ACCOMMODATIONS

This procedure does not alter any institutional obligations under federal disability laws, including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973.

Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during this procedure that do not fundamentally alter the process. The Title IX Coordinator may consult with the Director of Disability Services or with the School’s ADA Coordinator when considering a request for accommodations. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the parties, even when the parties may be receiving accommodations in other institutional programs and activities.

1. ACADEMIC FREEDOM/FIRST AMENDMENT GUIDELINES

The School is committed to providing a safe, anti-harassing, and nondiscriminatory environment that protects the civil rights of individuals. The School also recognizes academic freedom and the constitutional protections of the First Amendment.

This procedure is not intended to restrict serious discussion of relevant controversial issues in a training or academic situation. In order to prevent claims that course or training content is discriminatory, harassing, or offensive, it is highly recommended that participants in such discussions are provided with a disclosure that the content may be controversial.

1. EDUCATION PROGRAMS

The School offers education programs to promote the awareness of Prohibited Conduct. These programs include prevention and awareness.

Last updated April 14, 2024

This privacy notice for Sam Beauford Woodworking Institute ("we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:

• Visit our website at https://www.sambeaufordwoodshop.com/, or any website of ours that links to this privacy notice

• Engage with us in other related ways, including any sales, marketing, or events

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at sambeaufordwoodshop@gmail.com.

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. Learn more about personal information you disclose to us.

Do we process any sensitive personal information? We do not process sensitive personal information.

Do we receive any information from third parties? We do not receive any information from third parties.

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.

In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal information.

How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.

How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

Want to learn more about what we do with any information we collect? Review the privacy notice in full.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE PROCESS YOUR INFORMATION?

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

6. HOW LONG DO WE KEEP YOUR INFORMATION?

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

8. DO WE COLLECT INFORMATION FROM MINORS?

9. WHAT ARE YOUR PRIVACY RIGHTS?

10. CONTROLS FOR DO-NOT-TRACK FEATURES

11. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

12. DO WE MAKE UPDATES TO THIS NOTICE?

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

• names

• phone numbers

• email addresses

• mailing addresses

Sensitive Information. We do not process sensitive information.

Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is stored by Paypal. You may find their privacy notice link(s) here: https://www.paypal.com/us/legalhub/privacy-full.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookie Notice: https://www.squarespace.com/cookie-policy.

The information we collect includes:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).

• Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

• Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

• To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.

• To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.

• To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.

• To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user.

• To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

If you are located in the EU or UK, this section applies to you.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

• Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent.

• Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.

• Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.

• Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

If you are located in Canada, this section applies to you.

We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

• If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way

• For investigations and fraud detection and prevention

• For business transactions provided certain conditions are met

• If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim

• For identifying injured, ill, or deceased persons and communicating with next of kin

• If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse

• If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province

• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records

• If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced

• If the collection is solely for journalistic, artistic, or literary purposes

• If the information is publicly available and is specified by the regulations

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following third parties.

We may need to share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

• When we use Google Analytics. We may share your information with Google Analytics to track and analyze the use of the Services. The Google Analytics Advertising Features that we may use include: Google Display Network Impressions Reporting. To opt out of being tracked by Google Analytics across the Services, visit https://tools.google.com/dlpage/gaoptout. You can opt out of Google Analytics Advertising Features through Ads Settings and Ad Settings for mobile apps. Other opt out means include http://optout.networkadvertising.org/ and http://www.networkadvertising.org/mobile-choice. For more information on the privacy practices of Google, please visit the Google Privacy & Terms page.

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice: https://www.squarespace.com/cookie-policy.

6. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). 

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

8. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at sambeaufordwoodshop@gmail.com.

9. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area (EEA), United Kingdom (UK), Switzerland, and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the EEA, UK, Switzerland, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

We will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or UK data protection authority.

If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. For further information, please see our Cookie Notice: https://www.squarespace.com/cookie-policy.

If you have questions or comments about your privacy rights, you may email us at sambeaufordwoodshop@gmail.com.

10. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

11. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: If you are a resident of California, Colorado, Connecticut, Utah or Virginia, you are granted specific rights regarding access to your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

A. Identifiers

Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name

B. Personal information as defined in the California Customer Records statute

Name, contact information, education, employment, employment history, and financial information

C. Professional or employment-related information

Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us

D. Education Information

Student records and directory information

We will use and retain the collected personal information as needed to provide the Services or for:

• Category A - As long as the user has an account with us

• Category B - As long as the user has an account with us

• Category C - 5 years

• Category D - 5 years

We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:

• Receiving help through our customer support channels;

• Participation in customer surveys or contests; and

• Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

Learn about how we use your personal information in the section, "HOW DO WE PROCESS YOUR INFORMATION?"

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Learn more about how we disclose personal information to in the section, "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?"

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.

We have not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. We will not sell or share personal information in the future belonging to website visitors, users, and other consumers.

California Residents

California Civil Code Section 1798.83, also known as the "Shine The Light" law permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

CCPA Privacy Notice

This section applies only to California residents. Under the California Consumer Privacy Act (CCPA), you have the rights listed below.

The California Code of Regulations defines a "residents" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

Your rights with respect to your personal data

Right to request deletion of the data — Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Right to be informed — Request to know

Depending on the circumstances, you have a right to know:

• whether we collect and use your personal information;

• the categories of personal information that we collect;

• the purposes for which the collected personal information is used;

• whether we sell or share personal information to third parties;

• the categories of personal information that we sold, shared, or disclosed for a business purpose;

• the categories of third parties to whom the personal information was sold, shared, or disclosed for a business purpose;

• the business or commercial purpose for collecting, selling, or sharing personal information; and

• the specific pieces of personal information we collected about you.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Right to Limit Use and Disclosure of Sensitive Personal Information

We do not process consumer's sensitive personal information.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

• You may object to the processing of your personal information.

• You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.

• You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

• You may request to opt out from future selling or sharing of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.

To exercise these rights, you can contact us by submitting a data subject access request, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

Colorado Residents

This section applies only to Colorado residents. Under the Colorado Privacy Act (CPA), you have the rights listed below. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.

• Right to be informed whether or not we are processing your personal data

• Right to access your personal data

• Right to correct inaccuracies in your personal data

• Right to request deletion of your personal data

• Right to obtain a copy of the personal data you previously shared with us

• Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")

To submit a request to exercise these rights described above, please email sambeaufordwoodshop@gmail.com or submit a data subject access request.

If we decline to take action regarding your request and you wish to appeal our decision, please email us at sambeaufordwoodshop@gmail.com. Within forty-five (45) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.

Connecticut Residents

This section applies only to Connecticut residents. Under the Connecticut Data Privacy Act (CTDPA), you have the rights listed below. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.

• Right to be informed whether or not we are processing your personal data

• Right to access your personal data

• Right to correct inaccuracies in your personal data

• Right to request deletion of your personal data

• Right to obtain a copy of the personal data you previously shared with us

• Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")

To submit a request to exercise these rights described above, please email sambeaufordwoodshop@gmail.com or submit a data subject access request.

If we decline to take action regarding your request and you wish to appeal our decision, please email us at sambeaufordwoodshop@gmail.com. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.

Utah Residents

This section applies only to Utah residents. Under the Utah Consumer Privacy Act (UCPA), you have the rights listed below. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.

• Right to be informed whether or not we are processing your personal data

• Right to access your personal data

• Right to request deletion of your personal data

• Right to obtain a copy of the personal data you previously shared with us

• Right to opt out of the processing of your personal data if it is used for targeted advertising or the sale of personal data

To submit a request to exercise these rights described above, please email sambeaufordwoodshop@gmail.com or submit a data subject access request.

Virginia Residents

Under the Virginia Consumer Data Protection Act (VCDPA):

"Consumer" means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context.

"Personal data" means any information that is linked or reasonably linkable to an identified or identifiable natural person. "Personal data" does not include de-identified data or publicly available information.

"Sale of personal data" means the exchange of personal data for monetary consideration.

If this definition of "consumer" applies to you, we must adhere to certain rights and obligations regarding your personal data.

Your rights with respect to your personal data

• Right to be informed whether or not we are processing your personal data

• Right to access your personal data

• Right to correct inaccuracies in your personal data

• Right to request deletion of your personal data

• Right to obtain a copy of the personal data you previously shared with us

• Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")

Exercise your rights provided under the Virginia VCDPA

You may contact us by email at sambeaufordwoodshop@gmail.com or submit a data subject access request.

If you are using an authorized agent to exercise your rights, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Verification process

We may request that you provide additional information reasonably necessary to verify you and your consumer's request. If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request.

Upon receiving your request, we will respond without undue delay, but in all cases, within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary. We will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.

Right to appeal

If we decline to take action regarding your request, we will inform you of our decision and reasoning behind it. If you wish to appeal our decision, please email us at sambeaufordwoodshop@gmail.com. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may contact the Attorney General to submit a complaint.

12. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at sambeaufordwoodshop@gmail.com or contact us by post at:

Sam Beauford Woodworking Institute

1375 N. Main Street

Adrian, MI 49221

United States

14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please fill out and submit a data subject access request.

AP 123 Public Records Policy

Established 1-1-23

Approved 2-1-23

Revision Approval Date 12-14-2023

PURPOSE

The purpose of this policy is to implement the Michigan Freedom of Information Act (FOIA) MCL 15.231, and provide for the consistent and prompt handling of requests for the inspection and copying of public records at Sam Beauford Woodworking Institute (“SBWI”).

DEFINITIONS

A. A “record” is defined to include the following: A document in any format – paper, electronic (including, but not limited to business e-mail) - that is created, received by, or comes under the jurisdiction of SBWI that documents the organization, functions, policies, decisions, procedures, operations, or other activities of the office.

B. A “public record” is a “record” that is being kept by SBWI at the time a public records request is made, subject to applicable exemptions from disclosure under Michigan or federal law.

POLICY

A. It is the policy of SBWI to strictly adhere to Michigan’s Freedom of Information Act. SBWI’s public records will be organized and maintained so that they are readily available for inspection and copying.

1. All exemptions to openness are to be construed in their narrowest sense and any denial of public records in response to a valid request must be accompanied by an explanation, including legal authority, as outlined in the Michigan Revised Code. If the request is in writing, the explanation must also be in writing.

B. Public records. Michigan MCL 15.231 defines public records as any document – paper, electronic (including, but not limited to, e-mail), or other format – that is created or received by, or comes under the jurisdiction of a public office that documents the organization’s functions, policies, decisions, procedures, operations, or other activities of the office. All records of SBWI are public unless they are specifically exempt from disclosure under the Michigan Revised Code.

1. Public records do not include some medical records, trial preparation records, law enforcement investigatory records, intellectual property records, donor profile records, privileged communications, student educational records as defined by the Family Educational and Right to Privacy Act (20 USC §1237g), or other nonpublic records as defined by Section 149.43 of the Revised Code.

C. Records requests. Each request for public records will be evaluated for a response using the following guidelines:

1. Although no specific language is required to make a request, the requester must at least identify the records requested with sufficient clarity to allow the public office to identify, retrieve, and review the records. If it is not clear what records are being sought, the requester shall be contacted for clarification and informed of the manner in which the office keeps its records.

2. Generally, the requester does not have to put a records request in writing, and does not have to provide his or her identity or the intended use of the requested public record. It is SBWI’s general policy that this information is not to be requested. However, the law does permit SBWI to ask for a written request, the requester’s identity, and/or the intended use of the information requested, but only if: (1) a written request or disclosure of identity or intended use would benefit the requestor by enhancing SBWI’s ability to identify, locate, or deliver the public records that have been requested; and (2) the requester is first told that a written request is not required and that the requester may decline to reveal the requester’s identity or intended use.

3. Public records are to be available for inspection during regular business hours, with the exception of published holidays. Public records must be made available for inspection promptly. Copies of public records must be made available within a reasonable period of time. “Prompt” and “reasonable” take into account the volume of records requested; the proximity of the location where the records are stored; the necessity for any legal review and redaction of the records requested; and other facts and circumstances of the records requested.

4. Each request should be evaluated for an estimated length of time required to gather the records. Routine requests for records should be satisfied immediately if feasible to do so. Routine requests may include, but are not necessarily limited to, requests for meeting minutes (in both draft and final form), budgets, salary information, forms, and applications, personnel rosters, etc. If fewer than 20 pages of copies are requested or if the records are readily available in an electronic format that can be e-mailed or downloaded easily, these should be made as quickly as the equipment allows.

5. It is the goal of SBWI that all requests for public records should be acknowledged in writing or, if feasible, satisfied within five (5) business days following the office’s receipt of the request. If a request is deemed significantly beyond “routine,” such as seeking a voluminous number of copies or requiring extensive research, the acknowledgement may include the following:

A. An estimated number of business days it will take to satisfy the request.

B. An estimated cost if copies are requested

C. Any items within the request that are exempt from disclosure

6. Any denial of public records requested must include an explanation, including legal authority. If portions of a record are public and portions are exempt, the exempt portions are to be redacted and the rest released. If there are redactions, each redaction must be accompanied by a supporting explanation, including legal authority.

D. Costs for Public Records. Those seeking public records will be charged only the actual cost of making copies.

The Administration Office shall determine the cost of making copies on an annual basis.

1. The charge for paper copies will be per page.

2. The charge for downloaded computer files to a thumb drive per cost of the drive.

3. There is no charge for documents e-mailed.

4. Requesters may ask that documents be mailed to them. They will be charged the actual cost of the postage and mailing supplies.

E. E-mail. Documents in electronic mail format are records as defined by the Michigan Revised Code when they otherwise satisfy the definition of “record” and are not subject to applicable exemptions from disclosure under Michigan or federal law. E-mail is to be treated in the same fashion as records in other formats and should follow the same retention schedules.

1. Records in private e-mail accounts used to conduct public business are subject to disclosure. It is SBWI’s general policy that School business should be conducted through School e-mail accounts, however employees or representatives of SBWI are instructed to retain their e-mails that relate to public business and to copy them to their business e-mail accounts.

2. When they otherwise satisfy the definition of “record” above, e-mails from private accounts will be considered records of the public office and will be made available for inspection and copying in accordance with the Public Records Act.

F. Communication of public records policy. This policy will be posted in a conspicuous place in those offices and departments most likely to receive records requests from members of the public. It will also be published on the School Web site and in student and employee handbooks.

G. Managing Records. SBWI’s records are subject to records retention schedules. SBWI’s current schedules are kept by the President’s Office, a location readily available to the public as required by Michigan Revised Code 149.43(B)(2).

PROCEDURES

A. Responsibility for maintaining and producing the public records.

1. Responsibility for maintaining and producing the public records resides with the head of the respective unit where the records are kept. Such Director of Operations or President is accountable for developing procedures for maintaining and providing the public records within that unit to assure compliance with state law, and with the School’s records retention policy.

B. Intake of request

1. School personnel should direct all persons requesting permission to access the School’s records to the Director of Operations.

2. School personnel may inform the requestor that the request should be reasonably specific and clearly describe what is being sought. Written requests can be encouraged, but cannot be required.

C. Collection

1. The School must comply with requests for public records by collecting the requested public records as promptly as possible.

2. The Michigan Public Records Act does not require that a new public record be created in response to a request.

D. Review

1. The Director of Operations will work with the appropriate department to obtain the records required to fulfill the public records request and consult SBWI’s attorney prior to their release to ensure fulfillment of the public records request and compliance with the Michigan Public Records Act.

E. Response

1. The Director of Operations will respond to the requestor within a reasonable period of time.

2. In most cases, if the request is to inspect the public records, the inspection will take place at the location where the records have been collected, ordinarily during regular business hours and under the supervision of the Director of Operations, or their designee.

3. If the request is for copies, the Director of Operations, or their designee, will make arrangements for any copying of the requested public records. The fees received for making copies should be remitted to the Administration Office.

4. The Director of Operations is responsible for tracking in a common institutional database the public records requests received by the School, including name of requestor; a summary description of records being sought; date request received; date request completed; and what records were provided or denied.

To make a records request, please email the Vice President of Enrollment Dena Koehn at dena@sbwi.edu, mail a request to SBWI, 1375 N. Main St, #41, Adrian MI 49221, or text (517)759-3070. You may also click the button below to fill out the request online.