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MediaTech Institute Sexual Harassment/Discrimination

Complaint Policy and Process

POLICY
I. Policy

PROCESS
I. Introduction
II. Reporting Sexual Harassment or Gender Discrimination
III. Complaint Process
A. Informal Resolution
1.The Direct Approach
2. Third Party Intervention
3. Indirect Approach
B. Formal Resolution
1. Initiation of Complaint
2. Investigation and Findings
3. Remedial Action
C. Independent School Action
IV. Confidentiality
V. Retaliation
VI. False Allegations
VII. Record Keeping
VIII. Prompt Resolution and Notification
IX. Conflict of Interest by Title IX Coordinator
X. Resources

POLICY
I. POLICY As a requirement of federal Title IX Regulations, MediaTech Institute does not
discriminate on the basis of sex in its education programs and activities. Students, employees
and other members of the School community who believe they are being, or have been, sexually
harassed or discriminated against in violation of the Policy of Sexual Harassment, should
report this incident in writing, as soon as reasonably possible after the alleged incident(s)
to the Campus title IX Coordinator.
The campus Title IX coordinators are:

Dallas campus – Austin campus
Pam Trimble, Rob Fedson
400 E. Royal Lane, Bldg. 3, Ste 100 200 Academy Drive, Ste A
Irving, TX 75039 Austin, TX 78704
866-498-1122 512-447-2002
972-869-1135 (fax) 512-444-9730 (fax)
pam@mediatech.edu, rob@mediatech.edu

Houston campus – Oceanside campus
Doris Hecht , Russell Whitaker
3324 Walnut Bend Lane 302 Oceanside Blvd.
Houston, TX 77042 Oceanside, CA 92054
832-242-3426 760-231-5368
713-977-4242 (fax) 760-231-1578 (fax)
doris@mediatech.edu, russell@mediatech.edu

Students and employees with questions about this policy should also direct their concerns
to their Campus title IX Coordinator.

PROCESS

I. INTRODUCTION
This Sexual Harassment Complaint Process is to be followed whenever a complaint of sexual
harassment or gender discrimination is made that alleges conduct that may be in violation
of the School's Policy Prohibiting Sexual Harassment. The purpose of this Sexual Harassment
Complaint Process is to describe the steps to be followed for reporting and handling
complaints alleging sexual harassment or gender discrimination. The School is committed
to handling complaints and reports of sexual harassment and gender discrimination
swiftly, fairly, and with sensitivity.

II. REPORTING SEXUAL HARASSMENT OR GENDER DISCRIMINATION
Members of the School community who believe they are being or have been sexually harassed or discriminated against in violation of the Policy Prohibiting Sexual Harassment should report their experience. Students and employees should report instances of possible sexual harassment
or gender discrimination to their Campus title IX Coordinator.

For those students and school employees who work evenings and/or weekends, complaints
should be reported in writing to their Campus title IX Coordinator as soon as reasonably possible
after the alleged incident(s).

Complaints against employees, or against students in their role as employees, will be resolved
through the process outlined below, as will complaints against students arising out of their
conduct as students (student-on-student harassment). If it is believed that, if the sexual
harassment rises to the level of sexual assault, the Campus Director should be consulted.
Questions about police assistance and involvement may be directed to the Campus Director
Individuals who believe they have been subjected to sexual harassment or gender discrimination
should report the alleged acts promptly so that appropriate action can be taken. Additionally,
individuals who witness sexual harassment or gender based discrimination should report these
acts to their Campus title IX Coordinator.

It is the responsibility of all individuals in the School community to maintain an academic, work
and living environment free from sexual harassment and gender based discrimination,
which violates the School's Policy Prohibiting Sexual Harassment. Any of these individuals
(except those who have a legally protected counselor/client privilege) who have knowledge
of conduct involving sexual harassment or gender based discrimination or who receive
a complaint of sexual harassment or gender discrimination should inform their Campus
title IX Coordinator immediately.

III. COMPLAINT PROCESS
Because sexual harassment and gender discrimination may involve a wide range of behaviors,
the way in which a given case is best handled will vary. This Sexual Harassment Complaint
Process provides a number of options to those subjected to sexual harassment or gender
based discrimination. If it appears that sexual harassment or gender discrimination may
have occurred, the Campus title IX Coordinator will explain the options available to the
complainant. The option selected will depend on a number of factors including the
seriousnessof the offense, the amount of evidence available, the degree of confidentiality
sought, and the outcome desired by the complainant.

A complainant may select an informal or formal resolution. An informal resolution focuses on
stopping the harassing or discriminatory behavior without a formal investigation and seldom
results in sanctions. A formal resolution involves an investigation and may result in sanctions .
The choice of one type of resolution does not preclude employing the other type at the same
time or at a later time.

A. INFORMAL RESOLUTION
There are a variety of forms of informal resolution. The means for seeking an informal resolution
will vary from case to case but could include the following: (1) the direct approach,
(2) third party intervention or (3) indirect action taken by the Campus title IX Coordinator.

1.The Direct Approach
After a discussion with the Campus title IX Coordinator, a complainant may choose to take
action personally. This direct approach may be appropriate when the goal is to stop the
behavio r rather than sanction the respondent. This direct approach might include the
complainant writing a letter to the respondent asking him/her to change his/her behavior.
Another option might be telling the respondent in person exactly what behavior is offensive
and asking the respondent to stop the behavior. This approach should be taken only if
the complainant feels comfortable confronting the respondent.

2. Third Party Intervention
This option involves having the Campus title IX Coordinator mediate between the complainant
and the respondent, or asking the Campus title IX Coordinator to bring the complainant and
respondent together informally, to resolve the problem. This type of intervention may result in such
solutions as separating the complainant and respondent, reassignment of class or work,
or an agreement by the respondent to stay away from the complainant.

3. Indirect Approach
The complainant may choose an indirect approach. This approach is intended to alter the
respondent's inappropriate behavior in such a way that the behavior stops without the complainant
having had to do anything except talk to the Campus title IX Coordinator. This option has the
advantage of maintaining anonymity of the complainant and respondent. The type of indirect action
will vary according to the circumstances. One example of indirect action is to have the Campus
Title IX Coordinator address a faculty staff meeting covering the School's Policy Prohibiting Sexual
Harassment and/or reminding supervisors and faculty of their responsibility to foster an environment
free of sexual harassment and gender based discrimination.

B. FORMAL RESOLUTION
A complainant may choose the formal complaint resolution process for a complaint of sexual
harassment or gender discrimination. This option may result in sanctions against the respondent.

1. Initiation of Complaint
The formal complaint resolution process is initiated by a written complaint. If the complainant
chooses to make a formal complaint, the Campus title IX Coordinator will be able to answer
questions about the writing of the complaint. A written complaint should include the following:
a. description of the harassing behavior
b. name of the respondent
c. when and where the harassing behavior occurred
d. what effect the behavior had on the complainant
e. who witnessed the behavior, if applicable
f. whom the complainant spoke to about the behavior, if applicable

Once the complaint is written it is forwarded to the Campus title IX Coordinator, who will send a
copy of the complaint to the respondent and request a written response.

2. Investigation and Findings
The Campus title IX Coordinator may act as investigator alone or may select an individual to
investigate the complaint and will work closely with the investigator in following the steps to
be taken in the investigation. The investigator will work as expeditiously as possible to conduct
a full and fair investigation and to return a preponderance of evidence. The investigator will give
the respondent an opportunity to be heard with respect to the complaint and to furnish names
of witnesses along with information pertaining to their knowledge of the matters set forth in
the complaint. Upon completion of the investigation, the investigator will report in writing
to the Campus title IX Coordinator, setting forth the steps taken in the investigation
and the investigator's findings.

The Campus title IX Coordinator will review the report of the investigator. If the Campus title
IX Coordinator finds the investigation incomplete or otherwise unacceptable, s/he may request
another investigation by the investigator or assign a new investigator to the complaint. Once the investigation is complete, the Campus title IX Coordinator shall determine whether there has
been a violation of the School Policy Prohibiting Sexual Harassment and s/he may recommend
that sanctions be applied against the respondent. Recommended sanctions will be determined
on a case-by-case basis and will be determined by the frequency and severity of the violation.
The Campus title IX Coordinator will take reasonable steps to foster consistency for similar
violations and circumstances across the School. Possible sanctions and remedial
actions include, but are not limited to:

• Participation in education sessions on sexual harassment
• A written warning placed in the respondent's file
• Reassignment of responsibilities if practicable
• New/changed class schedule
• Probation
• Suspension without pay
• Termination, dismissal

The complaint and the report of the investigation, together with the recommended sanctions to be
applied, will be sent by the Campus title IX Coordinator to the School Vice President.
The Vice President, in consultation with the Campus title IX Coordinator, will determine what
sanctions are appropriate and will notify the respondent of the results of the
investigation and the sanctions. The Campus title IX Coordinator will also notify the complainant
of the results of the investigation and sanctions, if applicable. If the respondent is an employee of the
School and the sanction results in discipline or termination, the respondent may grieve in
accordance with applicable collectively negotiated agreements or School policies.

3. Remedial Action
There may be situations in which harassment in violation of the Policy Prohibiting Sexual
Harassment is found not to have occurred (for example, where the conduct complained
of involved an isolated incident or where the conduct is protected by academic freedom).

This finding does not prevent the School from bringing to the attention of the respondent that
his/her conduct was deemed by the complainant to be inappropriate. This fact may be
brought to the attentionof the respondent either through an informal process or the formal process.
Similarly, while a respondent may not have engaged in conduct in violation of the Policy
Prohibiting Sexual Harassment and, thus, is not disciplined, the School reserves the right to
take remedial action with respect to the complainant to enable the complainant to pursue
employment or educational opportunities unimpeded by the conduct that prompted the complaint.

C. Independent School Action
The School reserves the right to investigate allegations of harassment in appropriate circumstances
even in the absence of a complaint of sexual harassment or discrimination filed pursuant to this
Sexual Harassment/Discrimination Complaint Process. In all cases the findings will be adequate,
reliable and reasonable.

IV. CONFIDENTIALITY The School shall maintain confidentiality to the extent possible within the
requirements of conducting reasonable investigations. Only those who have a need to know will be
told the identity of the parties to a complaint. In some instances, a complainant may choose to take
no action or to defer action until a later date in order to maintain anonymity. In these instances,
the Schoo l reserves the right to limited disclosure and to take appropriate action in order to
ensure the safety and well being of other members of the School community.

V. RETALIATION Retaliatory conduct against any individual who has filed a complaint of sexual
harassment or discrimination, who has reported witnessing sexual harassment or discrimination,
or who has participated in the sexual harassment or discrimination complaint process is also a
violation of the School's Policy Prohibiting Sexual Harassment and is grounds for disciplinary and/or
remedial action. Anyone who believes that s/he may be or has been the victim of retaliation should
discuss her/his concerns with the Campus title IX Coordinator.

VI. FALSE ALLEGATIONS The intentional filing of a false complaint may subject the
complainant to discipline. Anyone who believes that s/he has been the subject of a false
complaint of sexual harassment or discrimination may meet with the Campus title
IX Coordinator to discuss the allegations.

VII. RECORD KEEPING Notice of all reports of sexual harassment or gender based discrimination,
whether a formal written complaint, or an informal complaint, must be forwarded to the Campus title IX Coordinator. The Campus title IX Coordinator will keep a confidential record of all informal and formal
complaints. This information will be used by the Campus title IX Coordinator to monitor repeated
complaints within the same unit or against the same individual. This information will also be used
to document the incidence of sexual harassment and gender based discrimination
in the School community.

VIII. PROMPT RESOLUTION AND NOTIFICATION The School will commit itself to reasonably prompt
time frames for each stage of the resolution process and, when possible to a reasonably prompt
resolution to the issue. Verbal reports will be acted on immediately and written requests will receive
a written acknowledgement of receipt and the start of investigation within one week. In all cases the
complainant and the accused will be informed of the outcomes as allowed under FERPA regulations
and the Clery Act.

IX. CONFLICT OF INTEREST BY TITLE IX COORDINATOR In the event that a sexual harassment
complaint is made against the Campus title IX Coordinator, complaints should be made directly to
the School Vice President, Tracy Terrell, 866-498-1122, tracy@mediatech.edu.

X. RESOURCES

There are several good Internet resources for support and information on sexual discrimination
and harassment. Among them are:

U.S. Dept. Of Education Employment Opportunity Commission
http://www2.ed.gov/about/offices/list/ocr/sexharassresources.html

Resources for Addressing Sexual Harassment -- Office for Civil Rights
http://www2.ed.gov/about/offices/list/ocr/sexharassresources.html

U.S. Equal Employment Opportunity Commission (EEOC)
http://archive.eeoc.gov/types/sexual_harassment.html

American Psychological Association
http://www.apa.org/

Texas Sexual Harassment Resources, Find Texas Sexual Abuse Law
http://www.sexualabuselaws.com/regional.cfm/state/tx/texas.html

California Women's Law Center
http://www.cwlc.org/

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