TITLE IX, NON-DISCRIMINATION STATEMENTS
Notices of Non-Discrimination
COMPLIANCE WITH STATE AND FEDERAL RULES & REGULATIONS The Honolulu Barber School Ltd., dba Hawaii Institute of Hair Design, will comply with the licensing regulations promulgated by the Hawaii State Department of Education. The school will maintain such permanent records covering the work accomplished by each student so that compliance with applicable standards of instruction and the approved training program can be readily determined. All Board of Health and Barber regulations will be complied with. The school has signed a Statement of Assurance agreeing to take necessary measures to comply with Title VI of the Civil Rights Act of 1964. We are an Equal Opportunity School and do not discriminate on race, color, national origin, religious belief, age, disability, sex, sexual preference or gender identity.
Title IX Disclosures relating to the new
Title IX rule effective August 14, 2020
Hawaii Institute of Hair Design does not discriminate on the basis of sex in the education programs or activities it operates. All schools are required by Title IX not to discriminate in such a manner. The requirement of non-discrimination in educational programs and activities extends to employment and admissions.
The following is a summary of the School’s Title IX grievance process and policies on how Hawaii Institute of Hair Design will respond to Sexual harassment complaints in accordance with Title IX requirements:
Definition: Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:
1. An employee of the recipient, conditioning the provision of an aid, benefit, or a service of the recipient on the individual’s participation in unwelcomed sexual conduct (quid pro quo).
2. Unwelcomed conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program, or activity, or
3. “Sexual assault” as defined in the Clery Act, 20 U.S.C. 1092(f)(6)(A)(v), “Dating Violence” as defined in 34 U.S.C. 12291(a)(10), “Domestic Violence” as defined in 34 U.S.C. 12291(a)(8), and“Stalking” as defined in 34 U.S.C. 12291 (a)(30). (WAVA)
For the purposes of Title IX school response, sexual harassment would have occurred within the School’s educational program or activity. Questions about Title IX may be referred to the Title IX compliance or to the assistant secretary for civil rights, OCR.
Students now have more control whether to file a formal complaint or ask for supportive measures. If a student feels that they have experienced sexual harassment as defined in the Title IX definitions above and within the school’s program, the complainant should contact the School’s Title IX Coordinator, who will listen and review the complainant’s situation. She will provide the complainant with the Title IX definitions for sexual harassment for the student’s review. The Title IX Coordinator has the authority to institute corrective measures, including offering supportive measures to the complainant (alleged victim). She will inform the complainant of the grievance process, that they have an option and a process for filing a formal complaint. She will inform the complainant the process of filing a formal complaint and how the School will proceed with a formal complaint. The School will provide supportive measures to the complainant under the circumstances whether or not a formal complaint is filed. The Title IX Coordinator may not encourage or discourage a complainant to file a formal complaint or participate in a grievance process.
The School will investigate all formal complaints. If the alleged victim chooses to file a formal complaint,the School will investigate the complaint. The complainant and the respondent will have the opportunity to provide a statement, present evidence, and speak at a live hearing. Both the complainant and the accused may obtain an adviser, such as an attorney or other person to represent them. Each party’s advisor will be permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. The School officials involved in the hearing shall use the clear and convincing evidence standard to determine the outcome of the hearing and will provide a written determination and rationale to the complainant and the respondent.
All school official’s involved in the grievance process are thoroughly familiarized with the Title IX definitions and the OCR webinars and resource information on this disclosure, as well as through the School’s training material created using the same resources and the school policies and procedures.
ENSURING EVEN-HANDED JUSTICE: The new rules will also ensure that schools can no longer inflict longstanding harm against students before providing basic, fair procedures. This final regulation will also provide due process protections to students facing accusations of sexual misconduct. Bureaucracy created in our Nation’s institutions of higher education have often stacked the deck against the accused, failing to offer protections such as a presumption of innocence or adequate ability to rebut allegations. The regulation prescribes a transparent grievance process that treats the accused as innocent until proven guilty, requires the school to state a standard of evidence, and requires the school to provide a written decision and rationale. Recognizing that colleges often fail to provide due process, Federal courts reviewing campus adjudications have stepped in to issue more than 100 decisions favorable to the accused.
Today’s protections will legitimize the process and support survivors, including by ensuring that final findings of responsibility are credible.
Resources used to create related policies and this Title IX disclosure:
2. OCR Webinar: Title IX Regulations Addressing Sexual Harassment.
3. The First Amendment and Title IX: An OCR Short Webinar
4. OCR Short Webinar on How to Report Sexual Harassment under Title IX
5. OCR Webinar on New Title IX Protections Against Sexual Assault
6. Conducting and Adjudicating Title IX Hearings: An OCR Training Webinar
7. Summary of Major Provisions of the Department of Education’s Title IX Final Rule and Comparison to the NPRM
8. The Title IX Rule is Effective on August 14, 2020, and is not retroactive.
9. Title IX: Fact Sheet: Final Title IX Regulations (PDF)