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’s Title IX Coordinator. Jill Dubnansky, Student Services Associate, serves as IYRS’s 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.

IYRS CODE OF STUDENT CONDUCT AND STUDENT GRIEVANCE PROCESS

IYRS believes that its students have the power to Make Anything PossibleTM; and with that power comes great responsibility. Accordingly, students at IYRS are expected at all times to conduct themselves in a manner consistent with good citizenship.

Individual behavior can have either a positive or a negative effect on the IYRS community. As such, students must be mindful of how their behavior impacts those around them; and refrain from any actions that violate or infringe upon the rights of others.

CODE OF STUDENT CONDUCT:

Students found responsible for committing or attempting to commit the following violations (either on or off campus) during their enrollment at IYRS will be subject to sanctions:

I. Conduct Affecting Others

  1. Threatening or causing harm to any person, or behaving in a manner that would offend or frighten any person.
  2. Endangering the health or safety of others.
  3. Violating IYRS’s Sexual Misconduct and Relationship Violence Policy.
  4. Harassing or discriminating against an individual 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.
  5. Violations of the Code of Student Conduct that are committed with bias, hatred or animus based on 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.
  6. The provision of alcohol and/or other drugs to an individual for the purpose of committing or facilitating sexual misconduct. (The sexual misconduct does not have to actually occur for the individual to be found responsible for the provision of alcohol and/or other drugs).
  7. Retaliation against any individual who reports a complaint or participates in the Student Grievance Process.

II. Conduct Affecting the IYRS Community

  1. Failing to adhere to IYRS rules regarding safety and security.
  2. Failing to adhere to IYRS rules regarding technology use.
  3. Failing to comply with the directions of IYRS employees and/or representatives acting in the performance of their official duties.
  4. Intentionally initiating or causing a false report to be made.
  5. Unauthorized use of IYRS’s name, logo or seal.
  6. Academic dishonesty.
  7. Conduct that interferes with student learning or the mission of IYRS.
  8. Failing to participate in the Student Grievance Process when requested by an IYRS employee to do so.

III. Conduct Affecting Property

  1. Intentionally or negligently damaging IYRS property or the property of others.
  2. Tampering with fire safety or emergency equipment.
  3. Possessing the property of others without consent from the owner.

IV. Violations of IYRS’s Alcohol and Drugs Policy

  1. Failing to adhere to the Standards of Conduct outlined in IYRS’s Alcohol and Drugs Policy (Note: IYRS offers Medical Amnesty. If students are seeking medical attention for themselves or others, or reporting a violation of IYRS’s Sexual Misconduct and Relationship Violence Policy, IYRS will not pursue Code of Student Conduct charges for alcohol or drug violations against the reporting student(s) and/or the student(s) involved in the incident).

 

V. Violations of IYRS Rules, Standards and Policies

  1. Failing to adhere to any IYRS rule, standard or policy.
  2. Failing to adhere to shop safety rules and standards.
  3. Habitually arriving late to class and or mandatory events or meetings.
  4. Failing to dress appropriately and/or in accordance with safety rules.
  5. Failing to maintain a clean shop environment.

SANCTIONS

One or more of the following sanctions may be assigned if a student is found responsible for violating the Code of Student Conduct:

I. Warning:

Verbal or written notice that a violation of the Code of Student Conduct has occurred. Future violations may result in more severe sanctions.  A notation of the warning may be reflected in the student’s education records.

 II. Loss or Restriction of Privileges:

Limitation or removal of specific privileges. The loss or restriction of privileges will be outlined in writing for the student and a notation of the loss or restriction of privileges may be reflected in the student’s education records. Failure to abide by the loss or restriction of privileges will result in additional sanctions.

III. Educational Assignment:

Specific educational assignment(s) directly related to the violation committed. A notation of the specific educational assignment(s) may be reflected in the student’s education records. Failure to complete the educational assignment(s) by the due date will result in additional sanctions.

IV. Community Service:

A designated number of hours of community service that the student must complete. The community service must be appropriate to the violation(s) for which the student was found responsible. A notation of the community service may be reflected in the student’s education records. It is the responsibility of the student to find an appropriate non-profit organization for the community service and provide IYRS with a letter from the non-profit organization confirming that the required number of hours were completed. Failure to complete the community service by the due date will result in additional sanctions.

V. Restitution:

Reimbursement by the student to IYRS, appropriate individuals or organizations for damage, personal injury, or misappropriation. A notation of the restitution may be reflected in the student’s education records. Failure to make restitution by the due date will result in additional sanctions.

VI. Probation:

A specific probationary period. The Student may continue enrollment at IYRS during the specific probationary period, however, if the student is found responsible for any additional violations of the Code of Student Conduct during the probationary period, enrollment at IYRS may be suspended or revoked. A notation of the probation may be reflected in the student’s education records.

VII. Deferred Suspension:

A deferment of suspension from enrollment at IYRS for a specific period of time. During the deferred suspension, the Student may continue enrollment at IYRS. If the student is found responsible for the same or similar violation(s) during the deferred suspension, the student’s enrollment at IYRS will be immediately suspended or terminated. A notation of the deferred suspension may be reflected in the student’s education records.

VIII. No Contact Order:

Restrictions placed on a student’s contact with another individual(s). A notation of the no contact order may be reflected in the student’s education records. Failure to abide by the no contact order will result in additional sanctions, which may include an interim suspension. 

IX. Interim Suspension:

A temporary removal from campus. If it is determined that a student’s continued presence on campus may constitute an immediate threat of harm to the student, to other individuals, and/or to IYRS property, the Student Services Associate or designee may temporarily suspend the student from being on campus pending the resolution of the Student Grievance Process. Prior to issuing the interim suspension, the student will be given the opportunity to show why the interim suspension should not be implemented, including the opportunity to challenge the evidence that IYRS is relying upon in imposing the interim suspension. In determining the appropriateness of the interim suspension, the rights of the student and the risk of threat to the IYRS community will be taken into consideration.

Interim suspensions may also be used when a student is facing criminal charges and wishes to postpone the Student Grievance Process pending resolution of the student’s criminal case.

During an interim suspension, the student may not be on campus without written permission from the Student Services Associate or designee. A notation of the interim suspension may be reflected in the student’s education records.

X. Suspension:

Suspension from enrollment at IYRS for a designated period of time. During the suspension period, the student must remain off campus unless the student has received verbal or written permission to be on campus from an employee of IYRS.  At the end of the suspension period, the student will be eligible for reenrollment provided there is no other encumbrance upon the student’s return (financial or otherwise).  A notation of the suspension will be reflected in the student’s education records.

XI. Dismissal:

Permanent removal from enrollment at IYRS without the possibility of future readmission. The student must remain off campus unless the student has received written permission to be on campus from an employee of IYRS.  A notation of the dismissal will be reflected in the student’s education records and may be noted on the student’s transcript.

STUDENT GRIEVANCE PROCESS

For purposes of the Student Grievance Process, the person making the complaint (i.e., alleging that a violation of the Code of Student Conduct has occurred), or the person who was 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 violating of the Code of Student Conduct) will be referred to as the “Respondent.”

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.

I. Standard of Evidence:

The preponderance of the evidence standard (more likely than not) will be used for investigating and making findings.

II. Filing a Complaint:

Alleged violations of the Code of Student Conduct should be reported to the Student Services Associate or designee. Any individual, regardless of affiliation with IYRS, may report a Complaint alleging a violation.

When the Student Services Associate or designee becomes aware of the alleged violation(s), the Student Services Associate or designee will conduct an initial threat assessment to determine whether there is reasonable cause to believe that the Respondent poses a continuing, significant threat of harm to the health, safety, and welfare of others or to the IYRS community, and whether interim measures are necessary to alleviate or mitigate that risk. Additionally, the Student Services Associate or designee will review the allegation(s) to determine whether it was made in good faith and whether there is sufficient information to institute the Student Grievance Process.

If the Student Services Associate or designee determines that the allegation(s) was made in good faith and there is sufficient information to institute the Student Grievance Process, the Respondent will be required to meet with the Student Services Associate or designee for a Preliminary Meeting. In cases involving sexual misconduct, relationship violence or other crimes of violence, the Complainant will be invited to attend a separate Preliminary Meeting during which the Complainant will be provided with complete information about the Student Grievance Process. For more information about a Complainant’s rights in cases involving sexual misconduct or relationship violence, please see IYRS’s Sexual Misconduct and Relationship Violence Policy.

III. Preliminary Meeting:

At the Preliminary Meeting, the Respondent will be provided with details about the allegations, the Student Grievance Process and the potential sanctions that may be imposed if the student is found responsible for the behavior.

At the conclusion of the Preliminary Meeting, the Respondent may: (I) admit responsibility and execute a written Waiver of the Student Grievance Process (at which point the Respondent will be assigned a sanction(s) and the Student Grievance Process will be concluded); or (II) request that the alleged violation(s) be adjudicated in accordance with the Student Grievance Process. A Respondent who executes a written Waiver of the Student Grievance Process is not entitled to an appeal.

If the Respondent fails to appear at the Preliminary Meeting after proper notification, the Student Services Associate or designee may place a conduct hold on the Respondent’s records, or proceed with the Student Grievance Process without the Respondent’s participation.

The Student Grievance Process constitutes the institution’s formal student grievance process. Certain Complaints may be resolved informally in limited situations where the Complainant and the Respondent have been fully informed of all available options for resolution of the Complaint and have both voluntarily chosen to resolve the Complaint through an informal resolution process. The Complainant and/or the Respondent can ask to end the informal resolution process at any time before its completion. Once a Complaint has been resolved through an informal resolution process, the matter will be closed. For some limited types of Complaints alleging violations of the Sexual Misconduct and Relationship Violence Policy, an informal resolution may include mediation. The Title IX Coordinator or designee will have discretion to determine whether an informal resolution is appropriate given the circumstances.

IV. Investigation and adjudication:

If the Respondent requests that the alleged violation be adjudicated in accordance with the Student Grievance Process, the Student Services Associate or designee will appoint an investigator(s). The investigator will conduct an investigation, issue a finding regarding responsibility and assign sanctions if necessary. The Student Services Associate or designee will have the discretion to appoint an internal investigator(s) or an external investigator(s).

V. Investigation:

IYRS will ensure an adequate, reliable and impartial investigation of all complaints alleging violations of the Code of Student Conduct. The investigation will include interviews with the Respondent (and the Complainant if the allegation(s) involves sexual misconduct, relationship violence or other crimes of violence), relevant witnesses, and a review of any other relevant evidence (including text messages and other social media) if applicable. The investigator will determine, in the investigator’s sole discretion, what information is relevant. Character evidence will not be considered; and pattern evidence (evidence of previous conduct) will only be considered if the previous conduct is so substantially similar to the conduct cited in the instant matter to indicate a pattern of behavior. Additionally, medical and counseling records are privileged and confidential. Therefore, those records will not be required to be disclosed.

In cases involving sexual misconduct, past sexual history will typically not be considered except possibly where consent is at issue. Specifically, prior consensual sexual activity between the Complainant and the Respondent, while not determinative, may be relevant to determining whether consent was sought and received. Past sexual history may also be considered under very limited circumstances, for example, to explain injury. However, consent to one sexual act will never be considered to constitute consent to another sexual act.

At the conclusion of the investigation, the investigator will complete an Investigation Report.

VI. Investigation Report:

Once the Investigation Report has been completed, the investigator will schedule a meeting with the Respondent (and with the Complainant if the allegation(s) involves sexual misconduct, relationship violence or other crimes of violence) to review the Investigation Report. The Respondent (and the Complainant if the allegation(s) involves sexual misconduct, relationship violence or other crimes of violence) will have the opportunity to respond to the investigator in writing, within three (3) business days after reviewing the Investigation Report, to offer additional comments, clarify information previously shared, suggest additional witnesses, or identify any other relevant information or evidence to assure the thoroughness and sufficiency of the investigation. If, in the sole discretion of the investigator, no further inquiry is required, the investigation will be deemed complete and final. If, in the sole discretion of the investigator, further inquiry is necessary, the investigator will follow up on the information before finalizing and completing the investigation.

VII. Adjudication and Sanctions:

Once the investigation is deemed by the investigator to be complete and final, the investigator will make a finding of “Responsible” or “Not Responsible” for each alleged violation. The investigator will also issue sanction(s) for each “Responsible” finding. The investigator may consider prior violations of the Code of Student Conduct for which the Respondent was found Responsible only when determining what sanction(s) to impose.

VIII. Notice of Outcome:

Once the investigator has determined the sanction(s), the investigator will provide the Respondent (and simultaneously to the Complainant, in cases involving sexual misconduct, relationship violence or other crimes of violence) with a written Notice of Outcome, which will include the finding(s), rationale and sanction(s) (if applicable).

IX. Appeal:

The Respondent (and the Complainant in cases involving sexual misconduct, relationship violence or other crimes of violence) has the right to appeal and participate in the appeal process if: (1) the Student Grievance Process was not followed; (2) new (material) evidence has come to light, which was not reasonably available prior to the investigator issuing the Notice of Outcome; and/or (3) the sanction(s) is clearly contrary to the weight of the evidence.

Requests for appeal must be submitted in writing to the Student Services Associate or designee within three (3) business days following delivery of the Notice of the Outcome. Appeals are heard by the Chief Operating Officer or designee and will be strictly limited to the grounds for appeal outlined above. The Chief Operating Officer or designee is an impartial decision-maker and will conduct the appeal in an impartial manner.

If the appeal is denied, the matter will be closed, and the investigator’s decision will be final. If the appeal is granted, the Chief Operating Officer or designee may: (1) remand the case for a new investigation (the results of the new investigation, including the finding(s) and sanction(s) will be final and not subject to further appeal); or (2) make modifications to the sanction(s) imposed. The Chief Operating Officer or designee will provide written Notice of Outcome of the Appeal to the Respondent (and simultaneously to the Complainant, in cases involving sexual misconduct, relationship violence or other crimes of violence) within a reasonable period of time. The decision of the Chief Operating Officer or designee regarding the appeal will be final.

X. Timeframe for the Student Grievance Process:

IYRS will make its best efforts to complete the Student Grievance Process (including the investigation and appeal process) within sixty (60) days of receipt of the Complaint. However, because the length of investigations may vary due to the complexity and unique factors of each case, the timeframe outlined herein may be extended for good cause to ensure that the Student Grievance Process is prompt, but also fair and impartial. The Respondent (and the Complainant in cases involving sexual misconduct, relationship violence or other crimes of violence) will be provided with periodic status updates as necessary.

XI. Law Enforcement:

IYRS will comply with law enforcement requests for cooperation. Such cooperation may require IYRS to temporarily suspend an investigation, for a short period, while law enforcement gathers evidence. IYRS will promptly resume its investigation as soon as it is notified by law enforcement that its evidence gathering process is complete.

XII. Confidentiality:

IYRS will keep all complaints and investigations private to the extent possible, and information will be disclosed only on a “need to know” basis. It is the expectation of IYRS that all individuals involved in the Student Grievance Process will also maintain confidentiality and share information only on a “need to know” basis. However, individuals are not restricted from discussing and sharing information related to complaints made by or against them with others who may support or assist them in presenting their case in the Student Grievance Process.

XIII. Requests for Anonymity or No Action:

If the Complainant requests anonymity or asks IYRS not to take any action, 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.

XIV. Conflicts of Interest:

The Respondent (and the Complainant if the allegation(s) involves sexual misconduct, relationship violence or other crimes of violence) may notify the Student Services Associate or designee in writing if there is a concern that the investigator assigned creates a conflict of interest. The Student Services Associate or designee will make adjustments only if a substantiated conflict of interest exists.

XV. Confrontation/Cross-Examination:

If applicable, the Complainant and the Respondent will always be interviewed separately, and will never be required to attend any meetings together. Additionally, the Complainant and Respondent will not be permitted, at any point during the Student Grievance Process, to confront or cross-examine each other.

XVI. Retaliation:

Retaliation is prohibited against any individual who reports a complaint or participates in the Student Grievance Process.

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.

I. Title IX Coordinator

Jill Dubnansky, Student Services Associate, serves as IYRS’s 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.

II. 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.

III. 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 and that IYRS not proceed with the Student Grievance Process, 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 extent that maintaining such confidentiality does not impair the ability of the IYRS to provide the accommodations or protective measures.

IV. 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.

V. 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).

A. 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:

Ai. 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.

Aii. 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.

Aiii. 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.)

Aiv. 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.

Gender-based harassment may also create a hostile environment.

Gender-based harassment includes unwelcome conduct based on sex or gender, sexual orientation, gender identity, or gender expression, even if the acts do not involve conduct of a sexual nature, when such conduct interferes with performance, limits participation in IYRS programs or activities, or creates an intimidating, hostile, or offensive environment.

B. 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.

C. 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.

E. 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.

 

VI. Relevant Definitions

A. 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.

B. 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.

VII. 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:

A. 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’s 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’s 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 a written explanation of rights and options.

 

B. 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.

VIII. 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.

IX. 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).

X. 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, the Respondent and the campus community during the Student Grievance Process. Requests for interim measures may be made 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 or Respondent, and are available even if the Student Grievance Process is not initiated.

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 in obtaining orders of protection, restraining orders or similar lawful orders issued by a criminal, civil or tribal court.

XI. Retaliation

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

XII. Resources:

When a complaint is made, IYRS will provide written notification about existing counseling, health, mental health, advocacy, legal assistance, visa and immigration assistance, student financial aid and other services that may be available 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:

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

XIII. 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.

XIV. 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).

XV. 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.

XVI. Complaints and Inquires

Complaints regarding the application or enforcement of this Policy should be made to IYRS’s Title IX Coordinator. Jill Dubnansky, Student Services Associate, serves as IYRS’s 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.

IYRS ALCOHOL AND DRUGS POLICY

IYRS complies with all federal and state regulations pertaining to the abuse of alcohol and drugs, including the Drug-Free Schools and Communities Act Amendments of 1989. Accordingly, IYRS requires all employees, and all students (regardless of the length of the student’s program of study), to be aware of and comply with the following:

I. Standards of Conduct:

IYRS prohibits the unlawful possession, use, or distribution of drugs and alcohol by students and employees on IYRS’s property or as part of IYRS’s programs and activities. IYRS also prohibits any individual from being under the influence of any alcohol or drugs (regardless of whether the use is lawful) while in the shop or while operating any IYRS machinery or equipment.

II. Sanctions:

IYRS will impose sanctions on students and employees who violate the Standards of Conduct set forth in this Policy. Students and employees who are found responsible for violating the Standards of Conduct will be subject to sanctions up to and including dismissal from enrollment at IYRS, termination of employment, and/or referral for prosecution. Sanctions may also include the completion of an appropriate rehabilitation program. For more information regarding state criminal prosecution for alcohol and drug offenses and the criminal penalties related thereto, please see the Rhode Island General Laws, which can be found at: http://webserver.rilin.state.ri.us/Statutes/

III. Prevention and Resources:

For information regarding alcohol and drug abuse prevention and other resources please visit:

 

IV. Health Risks:

The abuse of alcohol and drugs can cause physical and mental injury, and some injury may be severe enough to cause death. The abuse of alcohol and drugs can also negatively impact the body in many ways, including, but not limited to, creating an increased risk of cancer, cardiovascular disease, liver and kidney failure, hypertension, depression, immune and reproductive functions, and many other health problems.