NOTICE OF NON-DISCRIMINATION

IYRS does not discriminate unlawfully on the basis of race, religion, color, national origin, age, sex, sexual orientation, gender identity or expression, genetic information, disability, status as a protected veteran, pregnancy or marital status, or any other unlawful basis, in the administration of its education policies, admission policies, scholarship and loan programs, or other school administered programs.

In accordance with Title IX, IYRS does not discriminate on the basis of sex in its programs, activities or employment. Complaints should be made to IYRS’ Title IX Coordinator, Jill Dubnansky. The Student and Academic Services Associate serves as IYRS’ Title IX Coordinator. The Title IX Coordinator’s office address is 449 Thames Street, Newport, RI 02840. The Title IX Coordinator can be contacted at (401) 848-5777 x223 or at [email protected]. The Title IX Coordinator is responsible for monitoring compliance with Title IX and other applicable laws and regulations that prohibit discrimination and harassment.

Inquiries may be referred to the Title IX Coordinator or the United States Department of Education, Office for Civil Rights, at [email protected] or (800) 421-3481.

This Policy is in compliance with applicable legal requirements including Title IX of the Education Amendments of 1972; relevant provisions of the Violence Against Women Reauthorization Act of 2013; the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; and other applicable federal and Rhode Island state laws.


For Complaints or Questions Regarding Violations of IYRS’ Notice of Non-Discrimination or Title IX, Please Contact:

Title IX Coordinator / Section 504 Coordinator / Non-Discrimination Coordinator
Jill Dubnansky, Student and Academic Services Associate
449 Thames Street
Newport, RI 02840

Email: [email protected]
Phone: 401-848-5777 x223


SEXUAL MISCONDUCT AND RELATIONSHIP VIOLENCE POLICY

IYRS does not discrim­inate on the basis of sex in its programs, activities or employment. IYRS is committed to maintaining a safe and secure environment free from any form of unlawful discrimination or harassment, including sexual misconduct and relationship violence.

* For purposes of this Policy, the person making the complaint (i.e., alleging that a violation has occurred), or the person who is directly impacted by the violation(s), will be referred to as the “Complainant.” The student responding to the complaint (i.e., the student accused of committing the violation(s)) will be referred to as the “Respondent.” This Policy outlines the rights of the Complainant and the Respondent when a violation(s) of this Policy is alleged.

Title IX Coordinator

The Manager of Student Services serves as IYRS’ Title IX Coordinator. The Title IX Coordinator’s office address is 449 Thames Street, Newport, RI 02840. The Title IX Coordinator can be contacted at (401) 848-5777 x223 or at [email protected]. The Title IX Coordinator is responsible for monitoring compliance with Title IX; and coordinating and implementing a prompt, fair, impartial and equitable grievance process from the time a report is made, or when IYRS learns about prohibited behavior, until the final result. 

Application of this Policy

This Policy applies to complaints made against students enrolled in IYRS by other students, employees and/or third-parties. This Policy applies to all forms of sexual misconduct and relationship violence, including complaints of sexual harassment, sexual assault, non-consensual sexual conduct, sexual exploitation, hostile environment, dating violence, domestic violence and stalking. For more information on the grievance process for complaints made against employees, please contact the Title IX Coordinator.

Privacy and Confidentiality

IYRS will protect the confidentiality of the Complainant, Respondent and other necessary parties by keeping all complaints and investigations private to the extent possible and will only disclose on a “need to know” basis. IYRS expects that all individuals involved in the enforcement of this Policy will do the same. Notwithstanding, the Complainant and the Respondent are not restricted from discussing and sharing information with others who may support or assist them in the Student Grievance Process.

If the Complainant requests anonymity, IYRS will strongly consider the Complainant’s request. However, in certain circumstances, IYRS may not be able to grant the Complainant’s request due to various factors, including when there is a risk of imminent harm to an individual or others or a threat to the health and safety of the IYRS community. In cases where the Complainant’s request is granted, IYRS will continue to complete publicly available recordkeeping in accordance with relevant laws, including the Clery Act reporting and disclosures, without the inclusion of personally identifying information about the Complainant.

IYRS will maintain, as confidential, any accommodations or protective measures provided to the Complainant, to the extent that maintaining such confidentiality does not impair the ability of the IYRS to provide the accommodations or protective measures.

Employees’ Responsibility to Report Violations of this Policy

Unless specifically designated as a confidential resource by the Title IX Coordinator, all employees of IYRS are deemed to be “Responsible Employees” and are required to immediately report incidents of alleged sexual misconduct and relationship violence (of which they are aware or should be aware) to the Title IX Coordinator or designee. The Responsible Employee must report all known details of incidents of prohibited conduct including the names of the Complainant and Respondent, other students involved, and relevant facts (including date, time, and location). Those individuals designated by the Title IX Coordinator as Confidential Resources (if applicable) can maintain the confidentiality of a Complainant’s disclosures and will not share any information with IYRS except to satisfy their obligations under the Clery Act.

Violations

The types of sexual misconduct and relationship violence prohibited by this Policy are defined below. (It is important to note that sexual misconduct and relationship violence is prohibited regardless of the sexual orientation, gender, gender identity, or gender expression of the Complainant or Respondent).

Sexual Harassment: 

Sexual Harassment prohibited by this Policy includes unwelcome behavior of a sexual nature that is severe, persistent or pervasive. Sexual harassment includes the following:

Sexual Assault:

Sexual assault is any oral, anal or vaginal penetration, to any degree, with any part of the body or other object, by any person upon another, without consent.

Non-Consensual Sexual Contact:

Non-consensual sexual contact includes any touching (however slight) with any part of the body or other object, by any person upon another, without consent, for the purpose of sexual gratification.

Sexual Exploitation

Sexual Exploitation is purposefully taking sexual advantage of another person without consent. (Sexual exploitation may include, but not be limited to, voyeurism; disseminating, streaming, or posting pictures or videos of another in a state of undress or of a sexual nature without the person’s consent; exposing one’s genitals to another person without consent, etc.)

Hostile Environment

Severe, persistent or pervasive conduct that includes unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal, or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or a student’s status in a course, program or activity; (2) submission to or rejection of such conduct is used as the basis for employment or academic decisions; or (3) viewed from the perspective of both the individual and a reasonable person in the same situation, the conduct interferes with performance, limits participation in IYRS programs or activities, or creates an intimidating, hostile, or offensive environment. Examples of conduct that may create a hostile environment include, but are not limited to: persistent and inappropriate personal attention in the face of repeated rejection; inappropriate verbal conduct, including unwelcome sexual jokes, language, advances or propositions; unwelcome comments about an individual’s sexual orientation, gender, gender identity, or gender expression; inappropriate written conduct containing comments, words, jokes, or images that are lewd or sexually suggestive or relate in an unwelcome manner to an individual’s sexual orientation, gender, gender identity, or gender expression. IYRS will consider the effects of both on and off campus conduct when evaluating whether there is a hostile environment on campus.

Dating Violence

Dating violence is defined as physical violence or the threat of physical violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with an individual. The existence of such a relationship shall be determined based on factors such as the length and type of relationship, and frequency of interaction between the persons involved. 

Domestic Violence

Domestic violence is defined as physical violence or the threat of physical violence committed by a current or former spouse of an individual, by a person with whom the individual has a child in common, by a person who is cohabiting or has cohabitated with the individual (as determined under applicable law), or by any other person against an individual who is protected from that person’s acts by applicable domestic or family violence laws.

Stalking

Stalking occurs when a person engages in a course of conduct directed at a specific person that would cause a person to fear for the person’s safety or the safety of others, or suffer substantial emotional distress. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Relevant Definitions

Consent

Consent is an affirmative and willing agreement to engage in specific forms of sexual contact with another person. Consent requires an outward demonstration, through mutually understandable words, conduct or action, indicating that an individual has freely chosen to engage in sexual activity or contact.  Consent cannot be obtained through: (1) the use of coercion or force; or (2) by taking advantage of the incapacitation of another individual. Silence, passivity, or the absence of resistance does not imply consent. Consent can be withdrawn at any time.  When consent is withdrawn, sexual activity must immediately stop.  Prior consent does not imply current or future consent; even in the context of an ongoing relationship, consent must be sought and freely given for each instance of sexual activity or contact.

Incapacitation

Incapacitation means the person is incapable of giving consent. A person is incapacitated if that person is in a physical or mental state that causes the person to be unable to make a knowing and voluntary choice to engage in the sexual activity or contact. A person may also become incapacitated due to many factors, including the use of alcohol and/or drugs, or when the person is asleep or unconscious. When alcohol and/or drugs are involved, incapacitation requires more than impairment or intoxication. When determining incapacitation, the inquiry is whether the Respondent knew, or whether a sober, reasonable person in the Respondent’s position should have known, that the Complainant was incapacitated and could not provide consent.

Procedures Individuals Should Follow to Report a Complaint

To report violations of this Policy, individuals (including students, employees and/or third-parties) should follow the procedures outlined below:

Reporting a Complaint

Violations of this Policy may be reported to the Title IX Coordinator or to any IYRS employee. The employee(s) will provide all known details of the violation(s) to the Title IX Coordinator or designee. The Title IX Coordinator or designee will review the report(s) in accordance with IYRS’ Student Grievance Process.

  • Confidential Reporting: confidential reports can be made to Coastline EAP at 1-800-445-1195.
  • Law Enforcement: While not required, IYRS strongly encourages anyone who becomes aware of behavior that may constitute a violation of Rhode Island State Law to report the incident to local law enforcement. IYRS can provide support, resources and assistance to those who do so.

 

Regarding the involvement of law enforcement, the Complainant has the following options: (1) to notify proper law enforcement authorities, including local police; (2) to be assisted by campus authorities in notifying law enforcement authorities if the Complainant chooses; or (3) to decline to notify such authorities. The Complainant’s choice to report to law enforcement will not impact the implementation of accommodations and/or protective measures if applicable.

  • Time Limits: There is no time limit on reporting violations of this Policy, although IYRS’ ability to respond fully may be limited with the passage of time.
  • Written Explanation of Rights and Options: When an individual reports a violation of this Policy, whether the offense occurred on or off campus, IYRS will provide the individual with a written explanation of the Complainant’s rights and options.

 

Preserving Evidence

In cases of sexual misconduct or relationship violence, it is critical that the Complainant preserve evidence because doing so may assist in proving that the alleged behavior occurred and/or may be helpful in obtaining a protective order.

Procedures IYRS Will Follow When a Complaint is Reported

IYRS will investigate and address all complaints of sexual misconduct and relationship violence in accordance with its Student Grievance Process. The Student Grievance Process outlines the procedures for institutional disciplinary action that IYRS will undertake when violations of this Policy are alleged.

The Student Grievance Process is the disciplinary proceeding used by IYRS when violations of this Policy are alleged. IYRS has only one type of disciplinary proceeding. The Student Grievance Process outlines the steps, anticipated timelines and decision-making process for the disciplinary proceeding; including how to report a complaint, the standard of evidence that will be used (preponderance of the evidence); and a list of all possible sanctions that IYRS may impose following the results of the Student Grievance Process.

The Student Grievance Process will be conducted by officials who, at a minimum, receive annual training on relevant issues (including issues related sexual misconduct, relationship violence and other crimes of violence, if applicable) and on how to conduct the Student Grievance Process in a way that protects safety and promotes accountability.

IYRS will provide for an adequate, reliable and impartial investigation of all complaints, which will include: interviews with the Complainant, the Respondent and any relevant witnesses; a review of any other relevant evidence; an equal opportunity for the parties to present witnesses and other evidence and equal access to information being considered in the Student Grievance Process (in accordance with the Family Educational Rights and Privacy Act).

The Complainant and the Respondent will receive simultaneous notification, in writing, of the result of the Student Grievance Process; the procedures for the Complainant and the Respondent to appeal the result of the Student Grievance Process; any change to the result; and when such results become final.

Advisors

The Complainant and the Respondent have the same opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. IYRS will not limit the choice of advisor or presence for either the Complainant or Respondent in any meeting or proceeding during the Student Grievance Process.

The advisor’s role is to provide support only. The advisor may not participate in any manner. The advisor may not speak during any meeting or proceeding, nor may the advisor make comments, pass notes, or otherwise disrupt the meeting(s) and/or proceeding(s). The Complainant or the Respondent may ask for one break during any meeting and/or proceeding to allow the Complainant or the Respondent to confer with their respective advisors in private. Advisors who do not follow the guidelines outlined in this Policy will be asked to leave the meeting(s) and/or proceeding(s).

Remedial and Protective Measures

IYRS may provide interim measures, such as counseling, academic assistance, and no-contact orders, to protect, support or provide for the safety of the Complainant and the campus community during the Student Grievance Process. Requests for interim measures may be made by or on behalf of the Complainant to the Title IX Coordinator or designee. The Title IX Coordinator or designee will be responsible for the implementation and coordination of interim measures. Interim measures will not disproportionately impact the Complainant, and are available even if the Complainant does not report or continue to pursue a complaint.

If requested by the Complainant, IYRS will promptly implement a one-way no contact order (with the burden of no contact on the Respondent) if the College has made a finding of responsibility under this Policy, even if an appeal may be filed, or has been filed and is pending. If requested, IYRS will assist the Complainant in obtaining orders of protection, restraining orders or similar lawful orders issued by a criminal, civil or tribal court.

IYRS may provide interim measures for the Respondents where reasonable and appropriate under the circumstances as determined by the Title IX Coordinator or designee.

Retaliation

Retaliation is prohibited against any individual who reports a complaint under this Policy or who participates in an investigation.

Resources

When a complaint is made, IYRS will provide written notification to the Complainant about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other services that may be available for the Complainant at IYRS and in the community. The written information will include options for, available assistance in, and how to request changes to academic and working situations or protective measures.

The following resources are available in the community:

Newport Police Department
120 Broadway
Newport, RI  02840
401-847-1306

Rhode Island State Police
401-444-1000

Women & Infants Hospital
101 Dudley Street
Providence, RI

(401) 274-1100

Newport Hospital
11 Friendship Street
Newport, RI

(401) 846-6400

Rhode Island Hospital
593 Eddy Street
Providence, RI

(401) 444-5411

Day One (Sexual Assault and Trauma Center)
100 Medway Street
Providence, RI

(401) 421-4100

RI Crisis Assistance Center

(401) 714-2388

Coastline EAP (Counseling and Referral Services)

(800) 445-1195

Prevention and Awareness Programs

IYRS conducts ongoing educational and primary prevention and awareness programs for all faculty, staff and employees (including incoming students and new employees) to: promote awareness; prevent sexual misconduct and relationship violence; and to remind the entire IYRS Community of its prohibition against sexual misconduct and relationship violence, including the crimes of dating violence, domestic violence, sexual assault and stalking.

Bystander Intervention

Bystander intervention refers to safe and positive options that may be carried out by an individual(s) to prevent violations of this Policy against a person(s) other than the individual. Safe and positive options for bystander intervention include: recognizing prohibited conduct, overcoming barriers to intervening, identifying effective ways to intervene and take action provided that the intervention or action can be undertaken in a way that ensures the safety of the individual(s).

Violations of Rhode Island State Law

First Degree Sexual Assault (RIGL § 11-37-2): A person is guilty of first degree sexual assault if he or she engages in sexual penetration with another person, and if any of the following circumstances exist: (1) The accused, not being the spouse, knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless. (2) The accused uses force or coercion. (3) The accused, through concealment or by the element of surprise, is able to overcome the victim. (4) The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification, or stimulation.

Second Degree Sexual Assault (RIGL § 11-37-4): A person is guilty of second degree sexual assault if he or she engages in sexual contact with another person and if any of the following circumstances exist: (1) The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless. (2) The accused uses force or coercion. (3) The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification, or stimulation.

Third Degree Sexual Assault (RIGL § 11-37-6): A person is guilty of third degree sexual assault if he or she is over the age of 18 years and engages in sexual penetration with another person over the age of 14 years and under the age of consent, 16 years of age.

Stalking (RIGL § 11-59-2): Any person who (1) harasses another person; or (2) willfully, maliciously, and repeatedly follows another person with the intent to place that person in reasonable fear of bodily injury, is guilty of the crime of stalking. “Harasses” means a knowing and willful course of conduct directed at a specific person with the intent to seriously alarm, annoy, or bother the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury. “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”

Cyberstalking and Cyberharassment (RIGL § 11-52-4.2): Whoever transmits any communication by computer or other electronic device to any person or causes any person to be contacted for the sole purpose of harassing that person or his or her family is guilty of a misdemeanor.

Complaints and Inquires

Complaints regarding the application or enforcement of this Policy should be made to IYRS’ Title IX Coordinator. The Manager of Student Services serves as IYRS’ Title IX Coordinator. The Title IX Coordinator’s office address is 449 Thames Street, Newport, RI 02840. The Title IX Coordinator can be contacted at (401) 848-5777 x223 or at [email protected].

Inquiries regarding the application of Title IX and its implementing regulations may be referred to the Title IX Coordinator or designee, or to the United States Department of Education, Office for Civil Rights, at [email protected] or (800) 421-3481.

This Policy is in compliance with applicable legal requirements including Title IX of the Education Amendments of 1972; relevant provisions of the Violence Against Women Reauthorization Act of 2013; the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; and other applicable federal and Rhode Island state laws.