Title IX Compliant Procedure
Any student, employee, or third party who believes they have been the subject of harassment, discrimination, retaliation, or other prohibited conduct, by a student, employee, or third party in violation of the Title IX Non-Discrimination Policy may make a complaint.
All responsible employees are required to report all actual or suspected sexual misconduct to the Title IX Coordinator immediately. A responsible employee is any employee who has the authority to take action to redress sexual misconduct, who has been given the duty of reporting incidents of sexual misconduct to the Title IX Coordinator, or whom a student or employee could reasonably believe has this authority or duty. The Krishnamurti Foundation of America (KFA) and Oak Grove School (OGS) are on notice if a responsible employee knew, or in the exercise of reasonable care should have known, about the sexual misconduct. The KFA and OGS treats all faculty and staff as responsible employees.
Any student, employee, or third party who believes they have been discriminated against or harassed in violation of these policies and procedures may make a complaint orally or in writing to the KFA and OGS’s Title IX Coordinator.
Title IX Coordinator Contact Information:
220 W. Lomita Ave.
Ojai, CA 93023
The Title IX Coordinator will receive all relevant details about the alleged violation in order to determine what occurred and how to resolve the situation. This includes the names of alleged victim(s) and alleged perpetrator(s) (if known), and the date, time, and location of the alleged violation.
A KFA and OGS employee should, whenever possible, before a student or employee reveals information that they may wish to keep confidential, ensure that the person making the report understands the employee’s obligations to report to the Title IX Coordinator, the victim’s option to request confidentiality, which the KFA and OGS will take into consideration, and the victim’s ability to share the information confidentially with designated KFA and OGS employees.
The KFA and OGS will maintain confidentiality to the extent possible. The employer’s duty to investigate and take corrective action may require the disclosure of information to individuals with a need to know.
Since failure to report harassment and discrimination impedes the KFA and OGS’s ability to stop the behavior, the KFA and OGS strongly encourage anyone who believes they are being harassed or discriminated against to file a complaint. The KFA and OGS also strongly encourage the filing of such complaints within 30 days of the alleged incident. While all complaints are taken seriously and will be investigated promptly, delay in filing impedes the KFA and OGS’s ability to investigate and remediate.
Complaints will be responded to in a timely manner, kept confidential to the extent possible, investigated impartially by qualified personnel in a timely manner, documented and tracked for reasonable progress, given appropriate options for remedial action and resolution, and closed in a timely manner.
The KFA and OGS will investigate complaints involving acts that occur off campus if they are related to an academic or work activity or if the harassing conduct interferes with or limits a student’s or employee’s ability to participate in or benefit from the KFA and OGS’s programs or activities.
The KFA and OGS have authority over students, employees, and third parties for alleged violations of this policy that occur on KFA and OGS property. The KFA and OGS have authority over employees and students for alleged violations of this policy that occur at KFA or OGS activities or events. The KFA and OGS may exercise authority over events that occur off campus to determine if the conduct occurred in the context of an education program or activity or had continuing effects on campus or in an off-campus education program or activity.
Upon receiving notification of a harassment or discrimination complaint, the Title IX Coordinator shall:
- Make an immediate assessment concerning the health and safety of the victim and campus community as a whole. The KFA and OGS will provide the reporting party and responding party with immediate, interim measures necessary to protect their health and safety. These immediate, interim measures may include: providing an escort to ensure that the victim can move safely between activities, ensuring that the victim and perpetrator do not attend the same activities or work in the same area, preventing offending third parties from entering KFA and OGS premises.
- Undertake efforts to resolve the complaint informally, including but not limited to mediation, rearrangement of work/academic schedules, obtaining apologies or restorative responses, providing informal counseling, training, etc.
- Advise all parties that they need not participate in an informal resolution of the complaint, as described above, and they have the right to end the informal resolution process at any time.
- Advise a complainant that they may file a complaint with the Office for Civil Rights of the U.S. Department of Education. Advise all complainants that they have a right to file a complaint with local law enforcement, if the act complained of is also a criminal act. The KFA and OGS must investigate even if the complainant files a complaint with local law enforcement. In addition, the KFA and OGS should ensure that complainants are aware of any available resources, such as counseling, medical services, and mental health services.
- Take interim steps to protect a complainant from coming into contact with an accused individual, especially if the complainant is a victim of sexual violence. The Title IX Coordinator should notify the complainant of their options to avoid contact with the accused individual and allow students to change academic situations as appropriate. For instance, the KFA and OGS may prohibit the accused individual from having any contact with the complainant pending the results of the investigation. When taking steps to separate the complainant and accused individual, the KFA and OGS shall minimize the burden on the complainant.
Where the complaint involves a minor, OGS will comply with California mandated reporting requirements.
The Title IX Coordinator shall:
- Authorize the investigation of the complaint, and supervise or conduct a thorough, prompt, and impartial investigation of the complaint, as set forth below. Where the parties opt for informal resolution, the Title IX Coordinator will determine whether further investigation is necessary to ensure resolution of the matter and utilize the investigation process outlined below as appropriate. An investigation will include interviews with the complainant, the accused, and any other persons who may have relevant knowledge concerning the complaint. This may include victims of similar conduct.
- Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment, or other unlawful discriminatory conduct, giving consideration to all factual information and the totality of the circumstances, including the nature of the verbal, physical, visual, or sexual conduct, and the context in which the alleged incidents occurred.
The KFA and OGS shall promptly investigate every complaint and claim of harassment or discrimination. No claim of workplace or academic harassment or discrimination shall remain unexamined. This includes complaints involving activities that occur off campus and in connection with all the academic, educational, extracurricular, athletic, and other programs of the KFA and OGS, whether those programs take place in the KFA and OGS’s facilities, in a KFA and OGS vehicle, or at a class or training program sponsored by the KFA and OGS at another location. The KFA and OGS shall promptly investigate complaints of harassment or discrimination that occur off campus if the alleged conduct creates a hostile environment on campus.
As set forth above, where the parties opt for an informal resolution, the Title IX Coordinator may limit the scope of the investigation, as appropriate. The KFA and OGS will keep the investigation confidential to the extent possible, but cannot guarantee absolute confidentiality, because the release of some information on a “need-to-know-basis” is essential to a thorough investigation. When determining whether to maintain confidentiality, the KFA and OGS may weigh the request for confidentiality against the following factors: the seriousness of the alleged harassment, the complainant’s age, whether there have been other harassment complaints about the same individual, and the accused individual’s rights to receive information about the allegations if the information is maintained by OGS as a “pupil record” under California Education Code section 49061. The KFA and OGS will inform the complainant if it cannot maintain confidentiality.
The KFA and OGS will investigate harassment and discrimination complaints fairly and objectively. Employees designated to serve as investigators under this policy shall have adequate training on what constitutes sexual harassment, including sexual violence, and on understanding how the KFA and OGS’s grievance procedures operate. The investigator may not have any real or perceived conflicts of interest and must be able to investigate the allegations impartially.
Once it decides to open an investigation that may lead to disciplinary action against the accused individual, the KFA and OGS will provide written notice to the accused individual of the allegations constituting a potential violation of the KFA and OGS’s Title IX Non-Discrimination Policy.
Investigators will use the following steps: interviewing the complainant(s), interviewing the accused individual(s), identifying and interviewing witnesses and evidence identified by each party, identifying and interviewing any other witnesses, if needed, reminding all individuals interviewed of the KFA and OGS’s no-retaliation policy, considering whether any involved person should be removed from the campus pending completion of the investigation, reviewing personnel/academic files of all involved parties, reachING a conclusion as to the allegations and any appropriate disciplinary and remedial action, and seeING that all recommended action is carried out in a timely fashion.
Where the victim has filed a criminal complaint with local law enforcement, the KFA and OGS will consider what information the KFA and OGS are able to share, pursuant to state and federal law, to ensure that victims are not unnecessarily required to give multiple statements about a traumatic event. The KFA and OGS will continue to conduct their own thorough, reliable, prompt, and impartial investigation.
The victim and accused will have equal opportunity to present relevant witnesses and other evidence to the KFA and OGS investigator.
The results of the investigation of a complaint shall be set forth in a written report that will include at least all of the following information:
- A description of the circumstances giving rise to the complaint,
- A summary of the testimony provided by each witness interviewed by the investigator,
- A credibility determination of the victim, accused, and witnesses,
- An analysis of relevant evidence collected during the course of the investigation,
- A specific finding as to whether there is probable cause to believe that harassment, discrimination, or retaliation occurred with respect to each allegation in the complaint, and
- Any other information deemed appropriate by the KFA and OGS.
The KFA and OGS will use a “preponderance of the evidence” standard of proof in determining whether there has been a violation of the KFA and OGS’s Title IX Non-Discrimination Policy. This standard of proof is also known as a “more likely than not” standard.
The KFA and OGS will undertake its investigation as promptly and swiftly as possible.
The KFA and OGS will provide written notice of the outcome of the investigation to the parties concurrently. The KFA and OGS will inform the complainant whether it found that the alleged conduct occurred, any individual remedies offered to the complainant or any sanctions imposed on the accused individual that directly relate to the reporting party, and other steps the school has taken to eliminate the hostile environment, if the KFA and OGS found one to exist. This notice will be provided to the parents of OGS students under the age of 18 and directly to students and employees who are 18 years of age or older.
The KFA and OGS expects all employees to cooperate with a KFA and OGS investigation into allegations of harassment or discrimination. Lack of cooperation impedes the ability of the KFA and OGS to investigate thoroughly and respond effectively. However, lack of cooperation by a complainant or witnesses does not relieve the KFA and OGS of their obligation to investigate. The KFA and OGS will conduct an investigation if they discover that harassment is, or may be occurring, with or without the cooperation of the alleged victim(s) and regardless of whether a complaint is filed. No employee will be retaliated against as a result of lodging a complaint or participating in any workplace investigation.
Investigations are best conducted within a confidential climate. Therefore, the KFA and OGS do not reveal information about ongoing investigations except as necessary to fulfill their legal obligations. The KFA and OGS will keep the investigation confidential to the extent possible, but they cannot guarantee absolute confidentiality, because the release of some information on a “need-to-know-basis” is essential to a thorough investigation and to protect the rights of accused students and employees during the investigation process and any ensuing discipline.
Discipline and Corrective Action
If harassment, discrimination, or retaliation occurred in violation of the Title IX Non-Discrimination Policy, the KFA and OGS shall take disciplinary action against the accused and any other remedial action they determine to be appropriate. The action will be prompt, effective, and commensurate with the severity of the offense. Remedies for the complainant might include, but are not limited to:
- Providing an escort to ensure that the complainant can move safely between classes and activities,
- Ensuring that the complainant and alleged perpetrator do not attend the same classes or work in the same work area,
- Preventing offending third parties from entering campus,
- Providing a referral to counseling services,
- Providing a referral to medical services,
- Providing academic support services, such as tutoring,
- Reviewing any disciplinary actions taken against the complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the complainant being disciplined.
Disciplinary actions against faculty, staff, and students will conform to all relevant statutes, regulations, personnel policies, and procedures.
The KFA and OGS shall also take reasonable steps to protect the complainant from further harassment or discrimination, and to protect the complainant and witnesses from retaliation as a result of communicating the complaint or assisting in the investigation.
The KFA and OGS will ensure that complainants and witnesses know how to report any subsequent problems, and should follow up with complainants to determine whether any retaliation or new incidents of harassment have occurred. The KFA and OGS shall take reasonable steps to ensure the confidentiality of the investigation and to protect the privacy of all parties to the extent possible, without impeding the KFA and OGS’s ability to investigate and respond effectively to the complaint.
If the KFA and OGS cannot take disciplinary action against the accused individual because the complainant refuses to participate in the investigation, it should pursue other steps to limit the effects of the alleged harassment and prevent its recurrence.
If the Krishnamurti Foundation of America and Oak Grove School impose discipline against a student or employee as a result of the findings in its investigation, the student or employee may appeal the decision using the procedure for appealing a disciplinary decision.