Geffen Academy at UCLA Title IX Process

Anti-Harassment, Discrimination, and Retaliation (including Sexual Violence and Sexual Harassment) Policy and Procedures

Geffen Academy at UCLA is committed to maintaining a working and educational environment that is free from harassment, including sexual harassment and sexual violence, and all other forms of Discrimination and Harassment based on Protected Categories, and related Retaliation, as defined under UC’s Sexual Violence and Sexual Harassment (SVSH Policy) and Anti-Discrimination Policy (A-D Policy). This includes behavior that occurs off-School property, including via social media or other electronic communications, but has continuing adverse effects on—or creates a hostile environment for students, employees or third parties while on--School property or in any School program or activity[CS1] . Violations of these policies will not be tolerated and will result in corrective action, up to and including expulsion from the School for a student or termination from employment for an employee.

Geffen Academy encourages reporting and prohibits retaliation against someone for reporting or disclosing alleged Discrimination, Harassment, or Retaliation or participating in the School’s or UC’s resolution process. Retaliation is an adverse action that would discourage a reasonable person from reporting discrimination or harassment, or from participating in a resolution process, such as threats, intimidation, harassment, discrimination, and coercion.

Applicable UC and School Policy

UC’s SVSH Policy and A-D Policy apply to all employees , students, and third parties (e.g. visitors) at Geffen Academy at UCLA. Collectively, these policies prohibit Discrimination and Harassment based on actual or perceived Protected Categories, such as sex (including pregnancy, childbirth, lactation or related medical conditions), race, religion, color, citizenship, national or ethnic origin, ancestry, and physical or mental disability, or any other basis protected by federal, state or local law (“Protected Categories”) and related Retaliation. For a complete list of Protected Categories see UC’s SVSH Policy and the A-D Policy.

Allegations of Discrimination, Harassment, or Retaliation will result in appropriate investigation, necessary and appropriate corrective action, as applicable, and supportive measures. All parties to a matter are entitled to be presented with reasonably available supportive measures, ranging from safety plans to mental health services to academic accommodations.

Key Definitions: Discrimination, Harassment, and Retaliation (Prohibited Conduct)

As noted above, the UC SVSH Policy and A-D Policy apply to students, employees and visitors to Geffen Academy. As such it is important to understand key definitions of Discrimination, Harassment, and Retaliation—also known as Prohibited Conduct—under those policies. Please refer to the UC SVSH Policy and UC A-D Policy for a complete list and definitions of the Prohibited Conduct addressed in each policy. Below are a few types of Prohibited Conduct addressed in each policy.

Discrimination: This type of Prohibited Conduct is addressed solely under the A-D Policy and is defined as an unfavorable action (meaning adverse or unequal treatment) taken because of an individual’s actual or perceived Protected Category.

Harassment (Hostile Environment) under both the SVSH Policy and the A-D Policy is defined as unwelcome conduct based on an individual’s actual or perceived protected category that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies, or adversely limits an individual’s participation in or benefit from the education, employment, or other programs or activities of the School, and creates an environment that a reasonable person would find to be intimidating or offensive.

Some examples of Sexual Harassment (Hostile Environment) include unwelcome sexual or romantic gestures, requests for sexual favors, and other verbal, nonverbal physical conduct of a sexual nature. The SVSH Policy also prohibits Sexual Harassment (Quid Pro Quo or “this for that”), which occurs when a person’s submission to unwelcome sexual conduct is implicitly or explicitly made the basis for employment decisions, academic evaluation, grades or advancement, or other decisions affecting participation in a School program or activity. Sexual Violence (including Sexual Assault, Relationship Violence, Stalking, and Sexual Exploitation) also is prohibited by and defined under the SVSH Policy. See the SVSH Policy for those definitions.

The A-D Policy addresses Harassment not covered under the SVSH Policy. Examples include making disparaging comments such as jokes, epithets, or slurs based on other Protected Categories (e.g., race or religion) or making threats of physical harm or statements designed to intimidate, abuse or humiliate another, whether communicated verbally, in writing, or electronically (including on social media) or in posters, cartoons, drawings, or gestures. This includes comments on appearance, including dress or physical features, based on race, national or ethnic origin, religion, or other Protected Categories.

Under both the SVSH Policy and the A-D Policy, Retaliation is defined as an adverse action against an individual based on their report or other disclosure of alleged Discrimination and/or Harassment to a University or School employee or their participation in, or assistance with, the UC or School investigative process.

Reporting Harassment, Discrimination, Retaliation and Student Conduct Procedures

Students and parents/guardians who believe that they have experienced, witnessed, or have relevant information about Harassment, Discrimination, or Retaliation should immediately report the matter to the Dean, Division Director, Head of School, or to any Educator, either verbally or in writing. These School officials are Responsible Employees under UC’s SVSH and A-D Policies, which means they will promptly share such reports with UCLA’s Civil Rights Office.

Reports Involving Only Students
Allegations involving non-sex based Harassment, Discrimination (including based on sex), and related Retaliation involving only students that may violate UC’s A-D Policy will be reviewed in accordance with the Family Handbook’s Student Conduct Procedures (see “Student Conduct Procedures: Reporting, Investigation, Supportive Measures, Addressing Violations, and Discipline Process" section above) and the A-D Policy, and in consultation with UCLA’s Local Implementation Officer.

Allegations of sexual harassment or sexual violence and other Prohibited Conduct under the SVSH Policy involving only students that may violate UC’s SVSH Policy shall be subject to the SVSH Policy and Procedures Specific to Sexual Violence and Sexual Harassment summarized below, and reviewed in consultation with UCLA’s Title IX Officer.

Reports Involving Geffen Academy Employees
If a student/parent/guardian believes a Geffen Academy employee has engaged in Discrimination, Harassment, or Retaliation under the SVSH Policy and/or A-D Policy, a report may be filed with the Geffen Academy Human Resources office at HR@geffenacademy.ucla.edu or by contacting Mr. Ben Riendeau, Senior Human Resources Manager at Briendeau@geffenacademy.ucla.edu. Our HR office staff are responsible employees, and, as noted above, will promptly report such reports or complaints to UCLA’s Civil Rights Office, which along with Discrimination Prevention Office (DPO), is part of UCLA’s Office of Equity, Diversity and Inclusion and contains the Title IX Officer for the SVSH Policy and the Local Implementation Officer for the A-D Policy.

Reports may also be made to UCLA’s Civil Rights Office directly as follows:

For the A-D Policy:

UCLA Civil Rights Office
Report Link click here
Phone: (310) 825-3935
Website: Civil Rights Protections at UCLA - UCLA Equity, Diversity & Inclusion

Interim Assistant Vice Chancellor for Civil Rights and Local Implementation Officer: Adriana Ovalle Stevenson.

For the SVSH Policy:

UCLA Title IX Office
2255 Murphy Hall
Email: titleix@equity.ucla.edu
Phone: (310) 206-3417
Website: https://sexualharassment.ucla.edu/
Title IX Officer: Mohammed Cato

The UCLA Title IX Officer and Local Implementation Officer will follow the UC SVSH Policy or A-D Policy, as applicable, and appropriate adjudication frameworks, as well as will oversee the response and investigation to all SVSH Policy (Title IX sexual harassment) reports and A-D Policy reports involving Geffen Academy employees. When the Respondent is an employee, parents/guardians of minor student(s) involved will be contacted by the UCLA Title IX Officer and/or Local Implementation Officer, who will provide notice of the process, initiate interviews and evidence gathering, determine the final outcome of the investigation, and issue its final outcome to the parties and the Head of School.

Reports may also be made to external agencies as follows
Complaints that the School failed to promptly and effectively respond to reports of Discrimination, Harassment, or Retaliation involving students and/or employees under Title IX (sex), Title VI (race, color, or national origin), Section 504/ADA (disability) may also be filed directly with the U.S. Department of Education, Office for Civil Rights (OCR). OCR may be contacted directly at 800-421-3481 or OCR@ed.gov

Sexual Harassment Procedures (Title IX)

Reporting
Any individual, including students, who believe they have experienced Harassment or are encouraged to report it to the School’s Sexual Harassment Prevention & Response Coordinator(s) listed below by email, phone, or in-person. Parents or guardians may report on behalf of their minor children by emailing, calling or scheduling an in-person meeting with the School’s Sexual Harassment Prevention & Response Coordinator. An adult student (18 years of age or older) may follow the same process without parental involvement. In addition, reports may come from employees or a third party. The School takes all allegations seriously and will respond appropriately to any notice of possible sexual harassment or other sex discrimination.

Reports may be made anonymously, but a formal investigation will require an identified Respondent and the disclosure of a Complainant’s identity in order to ensure a fair investigation and outcome that respects the rights of all involved. Upon receipt of a report, the Sexual Harassment Prevention & Response Coordinator will attempt to contact the Complainant, if known, to inform them of their rights, options, and resources. When the Complainant is a minor student and a formal complaint is filed, the parents or legal guardians will be notified and informed of the same.

There is no time limit for reporting. Individuals are encouraged to report incidents even if significant time has passed. However, the sooner the Geffen Academy and the University receives a report, the better able it will be to respond, investigate, remedy, and impose corrective action/discipline if appropriate.

Amnesty: To encourage reporting, the School will not discipline Complainants or witnesses for policy violations that occur around the time of alleged Prohibited Conduct unless the School determines the violation was egregious. Examples of egregious violations include conduct that risked someone’s health or safety.

Initial Assessment
After receiving a report of sexual harassment, the Sexual Harassment Prevention & Response Coordinator will promptly notify UCLA’s Title IX Officer and contact the Complainant and/or reporting party to explain their rights and available options, including:

How and to whom to report alleged violations.
As applicable, options for notifying law enforcement and campus authorities; the right to be assisted by campus authorities in notifying law enforcement, if the Complainant so chooses; and the right to decline to notify such authorities.
As applicable, rights of Complainants regarding orders of protection, no-contact orders, restraining orders, or similar orders issued by criminal or civil courts, as well as the School’s obligation to comply with such orders.
The importance of preserving evidence.
The availability of counseling, health assistance, mental health assistance, and other services available within the School and the local community.
Whether the Complainant chooses to file a formal complaint (or report to law enforcement, as applicable), that they are entitled to supportive measures as appropriate and reasonably available, without fee or charge. Supportive measures may include academic support, no contact orders, and similar non-disciplinary, non-punitive measures.
Applicable procedures for School and/or UC disciplinary action.

As part of the initial assessment, the Sexual Harassment Prevention & Response Coordinator will:

Make an immediate assessment concerning the health and safety of those involved and our School community.
Consider and implement supportive measures, including interim and mitigating measures, throughout the process as appropriate to protect the safety of the Complainant, the Respondent, or the Geffen Academy community; to restore or preserve a student’s access to a Geffen Academy program or activity; to provide support during the investigation; or to deter Prohibited Conduct.

An interim measure can include an emergency removal of a Respondent when, based on an individualized safety and risk analysis, there is reasonable cause to believe that the Respondent’s participation in Geffen Academy activities or presence at specified areas of the campus will lead to physical abuse, threats of violence, or conduct that imminently and seriously threatens the health or safety of a complainant or any person at Geffen Academy programs or activities.

Closure After Initial Assessment

Not all reports received are reports of Prohibited Conduct that can be resolved through a Resolution Process described below. This includes reports for which the Sexual Harassment Prevention & Response Coordinator, in consultation with the UC Title IX Officer, determines that:

even if true, the alleged conduct is not Prohibited Conduct, as defined under the SVSH Policy;
the conduct is not covered by the SVSH Policy;
there is not enough information to carry out a Resolution Process (for example, the identities of the people involved);
a Complainant’s request that no investigation occur can be honored; or
there is not enough nexus between the conduct and the University to carry out a Resolution Process (for example, the conduct did not occur in the context of a School program or activity and involved only third parties).

Dismissals: Please note that for certain types of Prohibited Conduct, referred to as “DOE-Prohibited Conduct” under the SVSH Policy, specific dismissal procedures are required by the U.S. Department of Education, Office for Civil Rights. These procedures are outlined in adjudication frameworks maintained by UCLA’s Title IX Officer. In circumstances where these procedures apply, the Sexual Harassment & Prevention Coordinator will coordinate with the UCLA Title IX Officer as to the appropriate steps, including any appeal rights.

Investigation Process

If it is determined (following initial assessment, and a determination that Alternative Resolution as outlined in the SVSH Policy is not appropriate) that a formal investigation of a complaint is appropriate (whether filed by the Complainant or initiated by the School in its discretion), the Complainant(s) and Respondent (s) will simultaneously receive written notice of the investigation, which represents the start of the investigation. The notice will include:

a summary of the reported conduct/allegations and the potential SVSH Policy violations, as well as any applicable student conduct policy violations arising from the same set of circumstances;
the identities of the parties (Complainants/Respondents) involved;
the date and location of the incident(s);
a statement that each party may have an Advisor and/or support person of their choice throughout the process;
a statement that the Respondent is presumed not responsible until a determination of whether a policy violation has occurred is made at the conclusion of the process and only after the parties have had an opportunity to present relevant evidence to a trained, impartial decisionmaker;
the availability of reasonable disability-related or language diversity accommodations to participate in the process;
a statement that the School will objectively evaluate all relevant evidence;
a statement that retaliation is prohibited; and
a summary of the investigative process.

A trained, impartial investigator will gather evidence related to the allegations, which may include interviewing the parties or witnesses. Parties will have an opportunity to identify witnesses and present relevant documentation.
Complainants and Respondents will have an equitable opportunity to review and respond to all relevant evidence before the investigator finalizes an investigation report and a final decision. This stage of the process is referred to as Evidence Review. As part of this process, the parties will each have an opportunity to submit written questions that the party would like the decisionmaker (the investigator) to ask the other party. The investigator has the discretion to determine whether a question is relevant and will explain to the party if it determines the question is not relevant. Geffen Academy will coordinate investigation and response with the UCLA Title IX Office, as necessary and appropriate.

The standard of proof for fact finding and determining whether a violation of the SVSH Policy occurred is “Preponderance of Evidence.” Preponderance of Evidence is a standard of proof that requires that a fact be found when its occurrence, based on evidence, is more likely than not. Accordingly, a Respondent will not be found responsible for a violation of the SVSH Policy and/or other student conduct policies unless the evidence establishes it is more likely than not that they engaged in prohibited sexual harassment and/or other student misconduct.
Once a decision is made, all parties will simultaneously be provided a written report that describes the decision and the basis for the decision on the complaint. If there is a finding of a violation of the SVSH Policy, the appropriate administrative authority will determine the sanction, including discipline. The notice of the findings and final outcome/determination will include :

A summary of the reported conduct that is alleged to violate the SVSH Policy and applicable Student Conduct Procedure;
A summary statement of the factual findings and determinations regarding whether the sexual harassment and/or other student conduct policies have been violated, including statements of the parties; an explanation of why any proffered evidence was not relied upon; and credibility determinations when appropriate;
If a policy violation occurred, the Complainant will be provided a summary of any appropriate additional remedies;
If a policy violation occurred, an explanation of the sanction imposed and the rationale (for a student the range of sanctions includes discipline up to and including suspension or expulsion);
A statement that Retaliation is prohibited; and
An explanation of any interim Supportive Measures that will remain in place.

UCLA’s Civil Rights Office and/or the UC Systemwide Office of Civil Rights provides training to School administrators charged with implementing this process.

Timeline of Investigations (Student-to-Student Case)

The School will complete its investigation process promptly. Every effort will be made to complete all procedures, including intake, investigation, determination of responsibility, and final outcome, within 90 business days. However, this timeframe may be extended for good cause. Good cause may include, but is not limited to, school being out of session; absence of a party or witness; delay in scheduling interviews; delays necessary for the translation of written materials; and/or concurrent law enforcement or other agency activity. If an extension is needed, it will be communicated with the Complainant(s) and Respondent(s) in writing to confirm the reason for the extension and the projected new timeline.

Documentation

All steps in the investigation and resolution process set forth above, including Supportive Measures and Initial Assessment through the final outcome, will be maintained by the School consistent with its policies, as well as any policies and guidance issued by UCLA’s Civil Rights Office and/or the UC Systemwide Office of Civil Rights.

Responsibilities of School Employees

All School employees are required to promptly report allegations, including names of parties and incident details, to the Sexual Harassment Prevention & Response Coordinator(s), in addition to fulfilling duties under UCLA Policy 136: Reporting Child Abuse and Neglect and the UC SVSH Policy as Responsible Employees.

While prompt reporting is strongly encouraged for evidence preservation and effective investigation, neither UC nor Geffen Academy limits the timeframe for reporting sexual harassment.
If criminal conduct is involved, employees should file a report with the local police department, and may seek assistance from the School to do so.
Geffen Academy’s Child Abuse and Neglect protocol dictates that all reports of sexual harassment, assault and sexual violence are reported to the police, Child Protective Services, the University of California Whistleblower Hotline[CS9] , and UCLA’s Title IX Office.

In addition to mandatory reporting obligations under the Child Abuse and Neglect Reporting Act, all employees are Responsible Employees (including those on the Counseling team), and therefore will not keep reports of sexual harassment, assault and sexual violence confidential. Thus, if a member of the Counseling team learns, in the course of employment, that a student may have experienced sexual harassment, sexual violence or other sex discrimination, they must promptly notify a Sexual Harassment Prevention & Response On-Site Coordinators or their designees.

Where to Report and Obtain Further Information or Assistance

Further assistance or information regarding how to report or get support regarding sexual harassment and retaliation concerns may be obtained by contacting the Sexual Harassment Prevention & Response On-Site Coordinators:

PRIMARY:
Morell Jones II
Dean of Students and School Culture
Mjones@geffenacademy.ucla.edu

SECONDARY:
Brianna Winn
Dean of Faculty
Bwinn@geffenacademy.ucla.edu

If primary and secondary are unavailable, you may contact:
Nancy Rodriguez
Chief Financial and Administrative Officer
Nrodriguez@geffenacademy.ucla.edu

Address
Geffen Academy at UCLA,11000 Kinross Avenue, Los Angeles, CA 90095
Office: 310.206.3210

Additional information regarding your rights under Title IX and additional information on how to file a complaint may be found through the California Department of Education, UCLA’s Title IX Office, and the U.S. Department of Education, Office for Civil Rights.

You may also utilize the United States Department of Education Office for Civil Rights Complaint Form, or contact the OCR office directly at 800-421-3481 or OCR@ed.gov

Child Abuse and Neglect Reporting Act (CANRA)

Please note that all employees of Geffen Academy are Mandated Reporters under the Child Abuse and Neglect Reporting Act. A Mandated Reporter is defined as an individual required to report observed or suspected child abuse or neglect to designated law enforcement or social services agencies.