THE BARBER SCHOOL

16 West 7200 South Midvale, UT 84047 801-304-7000

ANNUAL SECURITY REPORT
This report can also be viewed directly at:
https://thebarberschool.com/campus-security-report/

Published April 2, 2018

TABLE OF CONTENTS:

SAFETY & SECURITY INFORMATION………………………………………………………………………………………………… 1
A. Timely Warnings…………………………………………………………………………………………………………………………………………..1
B. Reporting the Annual Disclosure of Crime Statistics ……………………………………………………………………………..1
C. Reporting of Criminal Offenses…………………………………………………………………………………………………………………..1
D. Confidential Reporting ………………………………………………………………………………………………………………………………..2
E. Access Policy ………………………………………………………………………………………………………………………………………………….2
F. Campus Security Authority and Jurisdiction ……………………………………………………………………………………………2
G. Security Awareness Programs……………………………………………………………………………………………………………………2
H. Criminal Activity Off Campus ……………………………………………………………………………………………………………………..3

I. Emergency Response Preparation and Evacuation …………………………………………………………………………………3
J. Fire Prevention and Workplace Hazards…………………………………………………………………………………………………..6
K. Alcoholic Beverages or Controlled Substances ……………………………………………………………………………………….6
L. Alcohol and Substance Abuse Education…………………………………………………………………………………………………..6
M. Sexual Misconduct Policies & Procedures ……………………………………………………………………………………………….7
N. Sexual Offender Registration ……………………………………………………………………………………………………………………..7

CAMPUS CRIME REPORT ……………………………………………………………………………………………………………………. 8

DRUG FREE SCHOOL POLICY.…………………………………………………………………………………………………………….. 9

CAMPUS SEXUAL MISCONDUCT POLICIES & PROCEDURES ……………………………………………………….. 14 1. Introduction………………………………………………………………………………………………………………………………………………..14
2. Scope of the Policy …………………………………………………………………………………………………………………………………….. 14
3. Prohibited Conduct …………………………………………………………………………………………………………………………………… 14
4. Options for Assistance Following an Incident of Sexual Misconduct…………………………………………………14

Reporting Incidents of Sexual Misconduct…………………………………………………………………………………………………………..15
Support Services Available……………………………………………………………………………………………………………………………………….15
Evidence Preservation ……………………………………………………………………………………………………………………………………………….15

5. Title IX Coordinator ………………………………………………………………………………………………………………………………….. 16
6. Reporting Policies and Protocols…………………………………………………………………………………………………………….16
Reporting to the School ……………………………………………………………………………………………………………………………………………..16
Reporting to Law Enforcement ………………………………………………………………………………………………………………………………..17
Reporting of Crimes & Annual Security Reports ………………………………………………………………………………………………..17 Timely Warnings…………………………………………………………………………………………………………………………………………………………..17
Third-Party and Anonymous Reporting…………………………………………………………………………………………………………………18
No Retaliation………………………………………………………………………………………………………………………………………………………………..18
Coordination With Drug Free School Policy ………………………………………………………………………………………………………..18
7. School Policy on Confidentiality………………………………………………………………………………………………………………18
Privileged and Confidential Communications – Professional & Pastoral Counselors…………………………….18
Reporting to “Responsible Employees”…………………………………………………………………………………………………………………19
Reporting to Title IX Coordinator …………………………………………………………………………………………………………………………….19
Requesting Confidentiality: How the School Will Weigh the Request and Respond. …………………………….20
Miscellaneous ……………………………………………………………………………………………………………………………………………………………….21
8. Investigation Procedures and Protocols ……………………………………………………………………………………………….. 21
Notice of Investigation ………………………………………………………………………………………………………………………………………………..21
Investigation Process………………………………………………………………………………………………………………………………………………….22
Time Frame for Investigation ……………………………………………………………………………………………………………………………………22
Impact of Victim’s Confidentiality Request …………………………………………………………………………………………………………..22
Investigation Report…………………………………………………………………………………………………………………………………………………….23

Voluntary Resolution …………………………………………………………………………………………………………………………………………………..23 9.
Grievance/Adjudication Procedures………………………………………………………………………………………………………24
Hearing Panel ……………………………………………………………………………………………………………………………………………………………….24
Advisors…………………………………………………………………………………………………………………………………………………………………………..24
Written Submissions……………………………………………………………………………………………………………………………………………………25


Panel Determinations/Standard of Proof 
………………………………………………………………………………………………………26
10. Sanctions and Other Remedies………………………………………………………………………………………………………………26
11. Records Disclosure …………………………………………………………………………………………………………………………………. 27
12. Education and Prevention Programs……………………………………………………………………………………………………27
Definitions of Sexual Misconduct under Utah Law 
……………………………………………………………………………… 28
Bystander Intervention 
…………………………………………………………………………………………………………………………… 30
Risk Reduction
……………………………………………………………………………………………………………………………………………31 13.
Amendments ……………………………………………………………………………………………………………………………………………. 32
Definitions of Key Terms ……………………………………………………………………………………………………………………………… 33

THE BARBER SCHOOL SAFETY & SECURITY INFORMATION

Campus safety and security are important issues at The Barber School. Our goal is to provide students with a safe environment in which to learn and to keep students and employees well informed about campus security. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, or Clery Act, requires institutions of higher education to provide students with the information they need to make informed decisions. The following policies and procedures are established to comply with the Clery Act.

A. Timely Warnings

In the event that a situation arises, either on or off campus, that, in the judgment of the School Administrator constitutes an ongoing or continuing threat, a campus wide “timely warning” will be issued. The Administrator will immediately notify the school community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff occurring at the school, unless issuing a notification will compromise efforts to contain the emergency. The warning will be issued through the most effective and efficient means available and may include instant messaging to students and school employees. Notices may also be posted in the common areas throughout the school. Anyone with information warranting a timely warning should report the circumstances to the School Administrator by phone at 801-304-7000 or in person at the school.

B. Reporting the Annual Disclosure of Crime Statistics

The school prepares this report to comply with the Clery Act. The full text of this report can be located on our web site at: www.thebarberschool.com/campus-security-report/. This report is prepared in cooperation with the local law enforcement agencies around our campus.

Campus crime, arrest and referral statistics include those reported to the Midvale Police Department, designated campus officials (including but not limited to the School Administrator), and other law enforcement agencies.

Each year notification is made to all enrolled students and employees that provides the web site to access this report. Copies of the report may also be obtained by students and prospective employees in person from the School Administrator, by calling the School Administrator at 801- 304-7000, or in person at the school.

C. Reporting of Criminal Offenses

The Barber School encourages anyone who is the victim or witness to any crime or other emergency to report the incident as soon as possible. Contact the School Administrator at 801- 304-7000 (non-emergencies) or dial 9-1-1 (emergencies only). Any suspicious activity or person seen loitering inside or around the school buildings should be reported to the School Administrator or a Campus Security Authority.

Reports may also be made to the school’s Campus Security Authorities, or CSAs. Under Federal law, the definition of CSAs includes individuals/offices designated by the school as those to whom crimes should be reported; and officials with significant responsibility for student and campus activities. If a school staff member has “significant responsibility” for students and campus activities outside of the classroom, and students potentially could report a crime / incident to that staff member, then they are a CSA. CSAs are defined by function, not title. For

1

The Barber School, CSAs include the school’s Owner, School Administrator, Chief Operating Officer, Director of Financial Aid and Director of Student Affairs.

For off campus non-emergency options, you may contact the Midvale Police Department at 801- 743-7000. You should always dial 9-1-1 for emergency situations.

The Midvale Police Department encourages anyone who is the victim or witness to any crime to promptly report the incident to the police. Because police reports are public records under state law, the Midvale Police Department cannot hold reports of crime in confidence.

D. Confidential Reporting

The Barber School encourages anyone who is the victim or witness to any crime to report the incident as soon as possible. All reports will be investigated. The school does not have professional or pastoral counselors on staff, and does not have procedures for voluntary, confidential reporting of crime statistics. Violations of the law will be referred to the Midvale Police Department. When a potentially dangerous threat to the school community arises, timely reports or warnings will be issued through email messages, text messages, the posting of flyers in the school buildings, in-class announcements, or other appropriate means.

E. Access Policy

The school’s facilities are open Tuesday through Saturday according to assigned class area schedules. During business hours, the schools will be open to students, parents, employees, contractors, guests, and invitees. The buildings may also be open for educational classes for licensed professionals in barbering or to groups securing the use of the facilities through the School Administrator. During non-business hours access to all school facilities is by key and security code, if issued, or by admittance via the School Administrator. Emergencies may necessitate changes or alterations to any posted schedules.

F. Campus Security Authority and Jurisdiction

The school’s administration attempts to provide a safe, secure educational environment for all students and employees. The school does not provide security guards on its campus premises. The ultimate authority for law enforcement at each school location is the local police department. The school does not have any written agreements with local police departments for the investigation of alleged criminal offenses. School officials have the authority to contact the local police to request assistance in preventing or reacting to crime within or in the immediate vicinity of school facilities. The School Administrator is the school’s coordinator of security issues. He is not authorized to arrest individuals but does have the authority to detain suspected criminal offenders if it is deemed safe to do so. The administration at The Barber School has a strong, working relationship with the local police and work in partnership to offer students and employees the safest possible environment.

G. Security Awareness Programs

All new enrolled students participate in a general school orientation class. During the orientation class, the need and procedure of reporting emergencies and criminal activities, campus security measures and crime prevention is discussed. Similar information is presented to new employees. In addition, information is disseminated to students and employees through tips posted in the school buildings, in-class announcements, and announcements through social media.

2

H. Criminal Activity Off Campus

The Barber School does not provide law enforcement services to off-campus activities on behalf of the school.

I. Emergency Response Preparation and Evacuation

The School Administrator has overall responsibility for coordinating and implementing the Emergency Response and Evacuation Plan. The School Administrator will ensure that the school’s emergency evacuation procedures have been informed to the students and staff.

Evacuation Procedure.

Evacuation should take place if it is determined that it is safer outside than inside the building (fire, explosion, intruder) and staff, students and visitors can safely reach the evacuation location without danger.

The School Administrator will call or designate another to immediately call public safety (911) (police, fire and emergency responders) to give notice the school has been evacuated. The School Administrator will communicate the need to evacuate the building to the occupants by activating the fire alarm or by in-class announcements. The School Administrator will determine evacuation routes based on location of the incident and type of emergency and communicate changes in evacuation routes based on location and type of emergency. The School Administrator will communicate when it is safe to re-enter the building.

Lockdown Procedure. Lockdown is the initial physical response to provide a time barrier during an active shooter/intruder event. Lockdown is not a stand-alone defensive strategy. When securing in place, this procedure should involve barricading the door and readying a plan of evacuation or counter tactics should the need arise.

The School Administrator will make an announcement that the school is experiencing an emergency situation and that it is now under lockdown. The Administrator will designate staff to call 9-1-1, identify the name and address of the school, describe the emergency, state the school is locking down, and provide intruder description and weapon(s) if known. The Administrator will instruct staff to stay on the phone to provide updates and additional information.

School staff member responsibilities:
• Clear the hallway and bathrooms by your room, moving everyone into the classroom.
• Lock your doors.
• Move any large objects in front of the door to barricade door. All moveable items such as chairs should be used as well.
• Take attendance and be prepared to notify the School Administrator or local law enforcement of missing students or additional students, staff or guests sheltered in your classroom.
• Do not place students in one location within the room. In the event that entry is gained by a shooter or intruder, students should consider exiting by running past the shooter/intruder.
• Staff and students may utilize methods to distract the shooter/intruder’s ability to accurately shoot or cause harm, such as loud noises or aiming and throwing objects at the shooter/intruder’s face or person.
• Allow no one outside of the classroom until the School Administrator or local law enforcement gives the “All Clear” signal unless a life-threatening situation exists and a means to safe exit is available (through a window or other safe passage).

3

• If students and Institute personnel are outside of the school building at the time of a lockdown, school personnel will move students to the designated off-site assembly location.

Shelter-In-Place Procedure.

The shelter-in-place procedure provides a refuge for students, staff and the public inside the school building during an emergency. Shelters are located in areas of the building that maximize the safety of occupants. Shelter-in-place is used when evacuation would place people at risk. Shelters may change depending on the emergency.

The School Administrator will announce that the school is experiencing an emergency situation and needs to implement shelter-in-place procedures. Students, guests and staff will be directed to move to the designated shelter locations in the school. All students, guests and staff outside will be directed to immediately move to an inside room.

The School Administrator will instruct staff to close all windows and doors and, if warranted, order the shut-off of heating, ventilation and air conditioning systems to stop the inflow of outside air into the building. The School Administrator will also designate staff to monitor radio, Internet, and other media for information on incident conditions that caused the shelter-in-place. The School Administrator will contact and consult with public safety officials as appropriate and be prepared to announce additional procedures due to changing conditions of the incident, or to announce an “All Clear”.

Bomb Threat Procedure.

The school has developed these procedures to protect staff, students, guests and school property in the event of a communicated threat regarding the presence of destructive devises on Institute property. This may include any explosive devise of an incendiary, chemical, biological, or radioactive nature. A bomb threat will result in law enforcement and other safety and emergency services responding to the scene.

Once law enforcement arrives, it is critical to follow the instructions of, and cooperate with, the law enforcement officers who will have jurisdiction over the scene. The school is a crime scene and will require a thorough search and processing.

The School Administrator will notify law enforcement, fire and emergency services by calling 911 if not already notified. The School Administrator will assign staff to meet and brief emergency responder agencies. The School Administrator will notify staff and students that a building emergency is in effect, and that all staff and students should remain in their rooms until advised otherwise. If a suspicious item is located, the School Administrator will determine if evacuation procedures should be activated, selecting routes and assembly areas away from the suspicious item. THE SCHOOL ADMINISTRATOR WILL NOT ACTIVATE THE FIRE ALARM. The School Administrator should determine if further response should await arrival of law enforcement and other emergency services.

Once emergency responders are on scene, decisions must be made to:

• Evacuate immediately, if this has not already occurred and if warranted, selecting routes and assembly areas away from the suspicious item. DO NOT ACTIVATE THE FIRE ALARM.
• Speak to staff who received the threat and obtain information.
• Search the building.

4

• If a search is to be conducted, assemble and brief a search team at the interior command post. Assign search areas within the building, the emergency exit routes and the outside assembly areas.
• If a suspicious item is located, order an evacuation, if that has not already occurred.
• No one may re-enter the building(s) until fire or police personnel declare it is safe to do so.
• After consulting with local law enforcement, the School Administrator shall determine if staff and students should be relocated to an alternative safe site.
• If danger is over, the School Administrator will notify staff, students and guests of the termination of the emergency and to resume normal operations.

  If an evacuation occurs, students, guests and staff must be evacuated to a safe distance outside of school building(s).

  Fire Response Procedure.

  Any staff discovering fire or smoke will activate the fire alarm, and report the fire to the School Administrator, or call 911 if conditions require and/or injured are in need of medical assistance. Staff, students and visitors will immediately evacuate the building using prescribed routes or alternate routes to the assembly areas.

  No one may re-enter building(s) until it is declared safe by the fire department.

  Once the fire department arrives, it is critical to follow the instructions of, and cooperate with, the fire department personnel who have jurisdiction at the scene.

  The School Administrator will call or direct staff to call 911 to confirm the alarm is active, identify the school name and location, provide exact location of the fire or smoke, if any staff or students are injured, and state the building is being evacuated. The School Administrator will ensure that staff, students and visitors immediately evacuate the building using prescribed routes or alternate routes due to building debris to the assembly areas. Assembly areas may need to be relocated because of the building collapse or unsafe areas from the fire. The School Administrator will designate staff to obtain student roll from instructors and identify any missing students.

  The School Administrator will not allow staff, students or guests to return to the building until the fire department with jurisdiction over the scene has determined that it is safe to do so and given the “All Clear”.

  Medical Emergency Procedure. These procedures are in place to assist staff, students and guests in the event of a medical emergency.

  The school’s staff should:

  • Quickly assess the situation. Make sure the situation is safe for you to approach (i.e., live electric wires, gas leak, building damage, etc.).
  • Immediately notify the School Administrator.
  • Assess the seriousness of the injury or illness.
  • Call or have someone call 9-1-1 immediately. Be prepared to provide the school name and address, exact location (floor, room number); describe illness or type of injury; and age of the victim(s).
  • Protect yourself against contact with body fluids (blood borne pathogens).

5

• Administer appropriate first-aid according to your level of training until help arrives.
• Comfort and reassure the injured person. Do Not Move an injured person unless the scene is unsafe.

  The School Administrator will direct staff to call 9-1-1, if necessary, and provide appropriate information to emergency responders. The School Administrator will send school staff with first responder/ first-aid training to the scene if this has not already occurred. The School Administrator will assign a staff member to meet emergency medical service responders and lead them to the injured person and assign a staff member to remain with the injured person if they are transported to the hospital. If the injured person is a member of school personnel or a student, the School Administrator will notify parent, guardian, or other appropriate family member of the situation, include type of injury or illness, medical care given and location where the injured person has been transported. The School Administrator will ensure that student or staff medical information from administrative records is sent to the hospital. The School Administrator will develop and maintain written documentation of the incident.

  J. Fire Prevention and Workplace Hazards

  It is the responsibility of all faculty and staff to alert the School Administrator of any and all conditions that could potentially pose a fire hazard or other unsafe condition in or around the building. No smoking is permitted in the building and flammable chemicals are confined and stored in a locked area, meeting all OSHA requirements. Good housekeeping practices will be the responsibility of all faculty, staff and students. Waste materials are to be discarded in their proper places and all aisles, doorways, hallways and exit doors are to be kept clear at all times.

  K. Alcoholic Beverages or Controlled Substances

  It is the policy of The Barber School that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or alcohol is prohibited while in the workplace, on school premises, or as part of any school sponsored activities. Any employee or student violating this policy will be subject to disciplinary action up to and including termination or expulsion and referral for prosecution. The specifics of this policy can be found in the Drug Free School Policy.

  L. Alcohol and Substance Abuse Education

  The School’s Drug Free School Policy has been developed to prevent the illicit use of drugs and the abuse of alcohol by students and employees. The Policy provides information related to drug use and abuse including dissemination of information materials, referrals, and school disciplinary actions.

  A violation of any law regarding drugs or alcohol is also a violation of the school’s Drug Free School Policy and will be treated as a separate disciplinary matter by the school.

  Mental health and substance abuse services are available at:

  
  Drug Counseling, Rehabilitation & Assistance Programs

  University of Utah Neuropsychiatric Institute: 801-587-3000 or 801-583-2500
  The National Institute on Drug Abuse Hotline: 1-800-662-HELP
  The National Institute on Drug Abuse Workplace Helpline: 1-800-843-4971
  24 Hour National Addiction Hotline: 800-559-9503

The Alcohol and Drug Abuse Crisis Intervention: 800-234-0246
Alcohol and Drug Abuse 24-hour Hotline & Treatment: 800-378-4435

6

The National Clearinghouse for Alcohol and Drug Information: 1-301-468-2600 or 1-800-729- 6686
Department of Education Regional Centers Drug-Free Schools and Communities (Southwest Region): 1-405-325-1454

Additional information about drug and alcohol abuse, health risks, addiction and prevention can be accessed at the National School on Alcohol Abuse and Alcoholism (www.collegedrinkingprevention.gov) as well as the National School on Drug Abuse (www.drugabuse.gov/DrugPages/DrugsofAbuse.html).

M. Sexual Misconduct Policies & Procedures

The Barber School is committed to providing a working and educational environment for all students, faculty and staff that is free from sex discrimination, including sexual misconduct. Every member of the school community should be aware that the school is strongly opposed to sexual misconduct, and that such behavior is prohibited by state and federal laws.

The school’s Sexual Misconduct Policy is part of this Annual Security Report. It describes the school’s programs to prevent sexual misconduct, and the procedures that the school will follow once an incident of sexual misconduct has been reported. This Policy is disseminated widely to the school community through publications, the school website, new employee orientations, student orientations, and other appropriate channels of communication. Copies of the Policy can be obtained from the School Administrator or downloading from the school’s website at www.thebarberschool.com. The school provides training to key staff members to enable the school to handle any allegations of sexual misconduct promptly and effectively. The school will respond quickly to all reports of sexual harassment, and will take appropriate action to prevent, to correct, and if necessary, to discipline behavior that violates this policy.

The school’s Sexual Misconduct Policy governs sexual misconduct involving students that occurs on any school property or in connection with any school-sponsored program or event. This Policy applies to all students, employees, and third parties conducting business with the school, regardless of the person’s gender, gender identity, sexual orientation, age, race, nationality, class status, ability, religion or other protected status. The school encourages victims of sexual violence to talk to somebody about what happened – so victims can get the support they need, and so the school can respond appropriately. As further described in the Policy, the school will seek to respect a victim’s request for confidentiality to the extent possible, while remaining ever mindful of the victim’s well-being. The school prohibits retaliation against those who file a complaint or third-party report, or otherwise participate in the investigative and/or disciplinary process (e.g., as a witness).

N. Sexual Offender Registration

In accordance to the Campus Sex Crimes Prevention Act of 2000, the Clery Act, and the Family Rights and Privacy Act of 1974, the school is providing information for where students and employees may obtain information regarding registered sex offenders. The Utah Sex Offenders Registry may be found at:

http://www.communitynotification.com/cap_office_disclaimer.php?office=54438

The Campus Sex Crimes Prevention Act requires institutions of higher education to provide a statement advising the campus community where law enforcement information provided by a state concerning registered sex offenders can be obtained.

7

THE BARBER SCHOOL CAMPUS CRIME REPORT

The School Administrator prepares this report to comply with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act. The report is prepared in cooperation with the local law enforcement agencies surrounding our campus.

Campus crime, arrest, and referral statistics include those reported to the School Administrator and local law enforcement agencies. Copies of the report may be obtained in the Administrator’s Office or by calling 801-304-7000. All prospective employees may obtain a copy from the School Administrator or by calling 801-304-7000.

To Report A Crime: Contact the School Administrator at 801-304-7000 (non-emergencies) or dial 9-1-1 (emergencies only). You may also contact one of the school’s designated Campus Security Authorities. Any suspicious activity or person seen loitering inside or around the school buildings should be reported to the School Administrator or a Campus Security Authority.

8

THE BARBER SCHOOL DRUG FREE SCHOOL POLICY

The Barber School believes that it is very important to provide a safe environment for all its students and employees. Substance abuse, while at work, school or otherwise, seriously endangers the safety of students and employees, as well as the general public, and creates a variety of problems including increased theft, decreased morale, decreased productivity, and a decline in the quality of services provided. It is also our Policy to prevent the use and/or presence of these substances in the school. The Barber School will strive to provide an environment conducive to making conscientious and healthy decisions when students are faced with difficult choices associated with the use of legal and illegal drugs.

Using sharp instruments, such as those used in the barbershop, while under the influence of drugs and/or alcohol is not lawful and is potentially hazardous to the health of the student, the instructor and/or client. Therefore, the following policy has been put in place:

Under the Influence: Students are NOT to be under the influence of alcohol, illegal drugs, or prescription drugs that may impair alertness or judgment, while in attendance at school.

It is a violation of school policy for any student to:
 Use illegal drugs or misuse prescription drugs;

•   Misuse alcohol;
•   Possess, trade, manufacture, distribute, dispense, buy or offer for sale alcohol, illegal and/or prescription drugs while on duty, during break periods, or on

  school property;

•   Arrive or return to school intoxicated from use of illegal drugs, misused prescription drugs or alcohol;
•   Engage in the use of illegal drugs, misuse of prescription drugs or alcohol during school hours or while on school property (including parking lots); or
•   Use prescription drugs or non-prescription drugs that may affect the safety of the student or fellow students, and members of the public,

  The use of any form of school funds, including funds from any federal, state or religious program, money or any attempt to obligate such funds for the purchase, use, consumption, sales and storage of drugs and/or any alcoholic beverage is STRICLY PROHIBITED.

  Individuals who are on school property or at school sanctioned activities and who demonstrate behavioral effects of being under the influence of alcohol or drugs may be asked to leave the property. If the individual is considered to be a danger to him/her or others, he/she may be detained. Disciplinary sanctions may be imposed according to policy.

  Any student who is taking any prescription or non-prescription drug which might impair safety, performance, or any motor functions must advise his/her instructor or the School Administrator before providing services under such medication.

  Students are individually responsible for being aware of applicable laws, regulations, ordinances, and the school’s policy for complying with them. The Barber School will assist in that endeavor by providing current information on an ongoing basis to all students.

9

Drug & Alcohol Health Risks

Alcohol: People drink to socialize, celebrate, and relax. Alcohol often has a strong effect on people—and throughout history, people have struggled to understand and manage alcohol’s power. Why does alcohol cause people to act and feel differently? How much is too much? Why do some people become addicted while others do not?

Alcohol’s effects vary from person to person, depending on a variety of factors, including:

• How much you drink
• How often you drink
• Your age
• Your health status
• Your family history

  While drinking alcohol is itself not necessarily a problem—drinking too much can cause a range of consequences, and increase your risk for a variety of problems.

  Cocaine: Cocaine is a powerfully addictive stimulant drug. Cocaine increases levels of the natural chemical messenger dopamine in brain circuits controlling pleasure and movement. This flood of dopamine ultimately disrupts normal brain communication and causes cocaine’s high.

  Short-term effects include constricted blood vessels, nausea, faster heartbeat, extreme happiness and energy, irritability and paranoia. Long-term effects include nosebleeds, severe bowel decay, higher risk of contracting HIV, hepatitis C, and other bloodborne diseases, malnourishment, restlessness, and severe paranoia with auditory hallucinations. A person can overdose on cocaine, which can lead to death.

  Marijuana: Marijuana contains the mind-altering chemical THC and other related compounds. THC over-activates certain brain cell receptors, resulting in effects such as altered senses, changes in mood, impaired body movement, difficulty with thinking and problem-solving, and impaired memory and learning. Marijuana use can have a wide range of health effects, including hallucinations and paranoia, breathing problems, and possible harm to a fetus’s brain in pregnant women. Marijuana use can cause some very uncomfortable side effects, such as anxiety and paranoia and, in rare cases, extreme psychotic reactions. Marijuana use can lead to a substance use disorder, which can develop into an addiction in severe cases.

  Hallucinogens and Dissociative Drugs: Hallucinogens and dissociative drugs—which have street names like acid, angel dust, and vitamin K—distort the way a user perceives time, motion, colors, sounds, and self. These drugs can disrupt a person’s ability to think and communicate rationally, or even to recognize reality, sometimes resulting in bizarre or dangerous behavior. Hallucinogens such as LSD, psilocybin, peyote, DMT, and ayahuasca cause emotions to swing wildly and real-world sensations to appear unreal, sometimes frightening. Dissociative drugs like PCP, ketamine, dextromethorphan, and Salvia divinorum may make a user feel out of control and disconnected from their body and environment. In addition to their short-term effects on perception and mood, hallucinogenic drugs are associated with psychotic-like episodes that can occur long after a person has taken the drug, and dissociative drugs can cause respiratory depression, heart rate abnormalities, and a withdrawal syndrome.

10

Methamphetamine: The abuse of methamphetamine—a potent and highly addictive stimulant—remains an extremely serious problem in the United States. The consequences of methamphetamine abuse are terrible for the individual––psychologically, medically, and socially. Abusing the drug can cause memory loss, aggression, psychotic behavior, damage to the cardiovascular system, malnutrition, and severe dental problems. Methamphetamine abuse has also been shown to contribute to increased transmission of infectious diseases, such as hepatitis and HIV/AIDS.

Drug Tests:
Drug and/or alcohol tests can and will be given to students at random or at any time, for any reason the school find necessary. Note: Students may receive multiple drug tests during the course.

The student is required to take any/all drug tests as requested from the school at the time the student has been selected for screening. Requesting to take the test at another time is not an option. Refusing to take a drug test is considered an admission of guilt and the student will be suspended or terminated from school.

If the student fails to pass the drug test:
o 1st time will be suspended for a minimum of two weeks and not allowed to return to school until he/she can pass a drug test through the testing company of the school’s choice at the student’s expense. The student will automatically be chosen to take a drug test at one of the next drug screenings.

o 2nd time failed, the student will be terminated from school.

Reasonable Search:

To ensure that illegal drugs and alcohol do not enter or affect the school, The Barber School reserves the right to search all vehicles, containers, lockers, or other items on school property in furtherance of this Policy. Individuals may be requested to display personal property for visual inspection upon the school’s request. Searches will be conducted only where The Barber School has reason to believe that the student has violated the school’s policy. Failure to consent to a search or display of personal property for visual inspection will be grounds for discipline, up to and including termination from the program or denial of access to school premises. Searches of a student’s personal property will take place only in the student’s presence. All searches under this Policy will occur with the utmost discretion and consideration for the student involved. Individuals may be required to empty their pockets, but under no circumstances will a student be required to remove articles of clothing to be physically searched.

11

Student Assistance:

The Barber School holds all students accountable in terms of substance use but also supports getting help for students. Students who come forward voluntarily to identify that they have a substance problem will not be reprimanded. It is important for the student to come to an understanding regarding the extent of the problem in order to correct the problem and be able to avoid future usage in violation of the school’s Policy. This is required in order to correct the problem and be able to avoid violating the school’s Policy in the future. If the student is willing to actively engage in resolving the substance use problem, the school will refer the student to a Substance Abuse Professional for an assessment and possible outpatient counseling at the student’s expense. This leave will be conditioned upon receipt of reports from the treatment providers that the student is cooperating and making reasonable progress in the treatment program. The student will be permitted to return to school only if (s)he passes a drug /alcohol test and has satisfactory medical evidence that (s)he is fit for attendance.

This protection does not cover a student who confesses a problem after an incident.

Disciplinary Action:

Violation of this Policy will result in the student’s immediate termination. Re-admittance may be considered after 60 days. To be considered for re-admittance, the student must provide proof of having satisfactorily attended treatment that is provided by a Substance Abuse Professional (SAP) and/or prescribed by a SAP and completed a drug and/or alcohol test, determined by which test was previously positive, with a negative test result. If the student is re-admitted, (s)he must complete the prescribed follow-up testing by the SAP or by law, as applicable, to continue attending The Barber School. Treatment and follow-up testing will be at the expense of the student. The Barber School may terminate a student who has entered a rehabilitation program for violations of the Drug Free School Policy or any other school policy in accordance with the procedures set forth in the Student Catalog.

Confidentiality:

All information, interviews, reports, and statement memoranda, written or otherwise, received by The Barber School as part of this drug program are confidential communications. Unless authorized by state laws, rules or regulations, the school will not release such information without a written consent form signed voluntarily by the student. Information will not be released unless such information or records are compelled by a court or a professional or occupational licensing board.

Biennial Review:

The school will review the drug and alcohol prevention program every two years on the even number year. Any recommendations/data and or assistance available to substance abusers will be updated and distributed to all students and staff of The Barber School.

12

Notice of Federal Student Aid (FSA) Penalties for Drug Law Violations:

The Higher Education Opportunity Act requires institutions to provide to every student upon enrollment a separate, clear and conspicuous written notice with information on the penalties associated with drug-related offenses under existing section 484(r) of the HEA. It also requires an institution to provide a timely notice to each student who has lost eligibility for any grant, loan, or work-study assistance as a result of penalties under 484(r)(1) of the HEA a separate clear, and conspicuous written notice that notifies the student of the loss of eligibility and advises the student of the ways in which to regain eligibility under section 484(r)(2) of the HEA. Students are hereby notified that federal guidelines mandate that a federal or state drug conviction can disqualify a student for Federal Student Aid funds. Convictions only count if they were for an offense that occurred during a period of enrollment for which the student was receiving Title IV aid—they do not count if the offense was not during such a period. Also, a conviction that was reversed, set aside, or removed from the student’s record does not count, nor does one received when he/she was a juvenile, unless the student was tried as an adult.

The Higher Education Act of 1965 as amended (HEA) suspends aid eligibility for students who have been convicted under federal or state law of the sale or possession of drugs, if the offense occurred during a period of enrollment for which the student was receiving federal student aid (grants, loans, and/or work-study). If you have a conviction(s) for these offenses, call the Federal Student Aid Information Center at 1-800-4-FED-AID (1-800-433-3243) to complete the “Student Aid Eligibility Worksheet” to find out how this law applies to you.

If you have lost federal student aid eligibility due to a drug conviction, you can regain eligibility if you pass two unannounced drug tests conducted by a drug rehabilitation program that complies with criteria established by the U.S. Department of Education.

By completing the FAFSA, you may be eligible for nonfederal aid from states and private institutions even if ineligible for Federal Aid. If you regain eligibility during the award year, notify your financial aid administrator immediately. If you are convicted of a drug-related offense after you submit the FAFSA, you might lose eligibility for federal student aid, and you may be liable for returning any financial aid you received during a period of ineligibility.

School Flexibility:

The Barber School reserves the right to alter or amend any portion of this policy at any time without prior notice. The school reserves the right to alter or modify this policy in a given situation depending on the totality of the circumstances. Time periods stated herein for the performance of any act or provision of any notice by the school are for guidance only and failure of The Barber School to strictly meet any time frame provided herein shall not preclude the school from taking any action provided herein. Under no circumstances shall failure to perform any act within the time frames herein excuse or relieve any student from his or her obligations, act to nullify any positive test, or relieve any student from the consequences of any positive test, or any other violation of this Policy.

13

THE BARBER SCHOOLCAMPUS SEXUAL MISCONDUCT POLICIES & PROCEDURES

1. Introduction

The Barber School (the “School”) is committed to providing a working and educational environment for all students, faculty and staff that is free from sex discrimination, including sexual misconduct. Every member of the School community should be aware that the School is strongly opposed to sexual misconduct, and that such behavior is prohibited by state and federal laws.

As part of the School’s commitment to providing a working and learning environment free from sexual misconduct, this Policy shall be disseminated widely to the School community through publications, the School website, new employee orientations, student orientations, and other appropriate channels of communication. The School provides training to key staff members to enable the School to handle any allegations of sexual misconduct promptly and effectively. The School will respond quickly to all reports of sexual harassment, and will take appropriate action to prevent, to correct, and if necessary, to discipline behavior that violates this policy.

2. Scope of the Policy

This Policy governs sexual misconduct involving students that occurs on any School property or in connection with any School-sponsored program or event. This Policy applies to all students, employees, and third parties conducting business with the School, regardless of the person’s gender, gender identity, sexual orientation, age, race, nationality, class status, ability, religion or other protected status. The School encourages victims of sexual violence to talk to somebody about what happened – so victims can get the support they need, and so the School can respond appropriately. As further described in this Policy, the School will seek to respect a victim’s request for confidentiality to the extent possible, while remaining ever mindful of the victim’s well-being.

3. Prohibited Conduct

Sexual misconduct comprises a broad range of behaviors focused on sex that may or may not be sexual in nature. Any intercourse or other intentional sexual touching or activity without the other person’s consent is sexual assault, which is a form of sexual misconduct under this Policy. Sexual harassment and sexual exploitation, stalking, domestic violence, and dating violence are also forms of sexual misconduct. Intimidation for one of these purposes is sexual misconduct, as is retaliation following an incident of alleged sexual misconduct or attempted sexual misconduct. The definitions for specific acts of sexual misconduct can be found in the Definitions of Key Terms at the end of this Policy statement.

Misconduct can occur between strangers or acquaintances, or people who know each other well, including between people involved in an intimate or sexual relationship, can be committed by anyone regardless of gender identity, and can occur between people of the same or different sex or gender. This Policy prohibits all forms of sexual misconduct.

4. Options for Assistance Following an Incident of Sexual Misconduct

The School strongly encourages any victim of sexual misconduct to seek immediate assistance. Seeking prompt assistance may be important to ensure a victim’s physical safety or to obtain medical care. The School strongly advocates that a victim of sexual assault report the incident in a timely manner. Time is a critical factor for evidence collection and preservation.

14

Reporting Incidents of Sexual Misconduct.

Victims of sexual misconduct may file a report with the Midvale Police Department. Victims may also file a report with the School’s Title IX Coordinator. More information about reporting an incident of sexual misconduct can be found in Section 6 of this Policy, below.

When a student or employee reports to the School that the student or employee has been a victim of dating violence, domestic violence, sexual assault, or stalking, whether the offense occurred on or off campus, the School will provide the student or employee a written explanation of the student’s or employee’s rights and options. The School will also provide the student or employee with written notification about assistance available both within the School and without, as well as information about options for academic or protective measures.

The victim of the sexual misconduct may choose for the investigation to be pursued through the criminal justice system and the School’s disciplinary procedures. The School and the criminal justice system work independently from each other. Law enforcement officers do not determine whether a violation of this Policy has occurred. The Title IX Coordinator will guide the victim through the available options and support the victim in his or her decision.

Support Services Available.

Counseling, advocacy and support services are available for victims of sexual misconduct, whether or not a victim chooses to make an official report or participate in the School’s disciplinary or criminal process. The Barber School does not provide counseling or health care services. Personal counseling offered by the School will be limited to initial crisis assessment and referral.

Sexual misconduct crisis and counseling options are available locally and nationally through a number of agencies, including:

The School’s Title IX Coordinator will work with all students affected by sexual misconduct to ensure their safety and support their wellbeing. This assistance may include providing accommodations to support or protect a student after an incident of sexual misconduct and while an investigation or disciplinary proceeding is pending. Such accommodations may include the ability to alter class schedules, withdraw from/retake a class without penalty, and access academic support (e.g., tutoring). The School may be able to provide additional interim measures to victims while an investigation is pending, such as no contact orders and changing the alleged perpetrator’s class schedule. Students who report an incident of sexual misconduct may also be able to obtain a formal protection order from a civil or criminal court. The School will work with the student and the applicable court to assist in the enforcement of any such protective orders.

Evidence Preservation

Victims of sexual assault, domestic violence or dating violence should consider seeking medical attention as soon as possible. It is important that a victim of sexual assault not bathe, douche,

15

smoke, change clothing or clean the bed/linen where they were assaulted so that evidence necessary to prove criminal activity may be preserved. In circumstances where the victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address health concerns. Victims of sexual misconduct are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful in connection with a school or police investigation.

5. Title IX Coordinator

The School’s Title IX Coordinator is responsible for monitoring and overseeing the School’s compliance with Title IX and the prevention of sex harassment, sexual misconduct and discrimination. The Title IX Coordinator is:

• Knowledgeable and trained in School policies and procedures and relevant state and federal laws;
• Available to advise any individual, including a complainant, respondent, or a third party, about School and community resources and reporting options;
• Available to provide assistance to any School employee regarding how to respond appropriately to a report of Title IX-related prohibited conduct and related retaliation;
• Participates in ensuring the effective implementation of this Policy, including monitoring compliance with all procedural requirements, record keeping, and timeframes; and
• Responsible for overseeing training, prevention, and education efforts and annual reviews of climate and culture.

  Inquiries or concerns about Title IX may be referred to the School’s Title IX Coordinator: Alissa Gregston

  16 West 7200 South Midvale, UT 84047
  Phone: 801-304-7000
  Email: alissa@thebarberschool.com

  6. Reporting Policies and Protocols

  The Barber School strongly encourages all members of the School community to report information about any incident of sexual misconduct as soon as possible, whether the incident occurred on or off campus. Reports can be made either to the School and/or to law enforcement.

  Reporting to the School

  An incident of sexual misconduct may be reported directly to the School’s Title IX Coordinator.
  If the School’s Title IX Coordinator is the alleged perpetrator of the sexual misconduct, the report should be submitted to the School’s Administrator. Filing a report with a School official will not obligate the victim to prosecute, nor will it subject the victim to scrutiny or judgmental opinions from officers.

  An individual who has experienced an incident of sexual misconduct may report the incident at any time, regardless of how much time has elapsed since the incident occurred. The School is committed to supporting the rights of a person reporting an incident of sexual misconduct to make an informed choice among options and services available.

16

The School will respond to all reports in a manner that treats each individual with dignity and respect and will take prompt responsive action to end any misconduct, prevent its recurrence, and address its effects.

Reporting to Law Enforcement

An incident of sexual misconduct can be reported to law enforcement at any time, 24 hours a day/7 days a week, by calling 911. 
Atthe c omplainant’s request, the School will assist the complainant in contacting law enforcement. If the complainant decides to pursue the criminal process, the School will cooperate with law enforcement agencies to the extent permitted by law. A complainant has the option to decide whether or not to participate in any investigation conducted by law enforcement. 
Filing a police report will:

• Ensure that a victim of sexual assault receives the necessary medical treatment and tests
• Provide the opportunity for collection of evidence helpful in prosecution, which cannot be obtained later (ideally a victim of sexual assault should not wash, douche, use the toilet, or change clothing prior to a medical/legal exam)
• Assure the victim has a referral to confidential counseling from counselors specifically trained in the area of sexual assault

  Reporting of Crimes & Annual Security Reports

  Campus safety and security are important issues at The Barber School. Our goal is to provide students with a safe environment in which to learn and to keep students, parents, and employees well informed about campus security. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, or Clery Act, requires institutions of higher education to record and report certain information about campus safety, including the number of incidents of certain crimes on or near campus, some of which constitute sexual misconduct under this Policy.

  Each year the School prepares this report to comply with the Clery Act. The full text of this report can be located on the School’s web site at www.thebarberschool.com. This report is prepared in cooperation with the local law enforcement agencies around our campus. Each year notification is made to all enrolled students and employees that provides the web site to access this report. Copies of the report may also be obtained in person from the School Administrator or by calling (801) 304-7000. All prospective employees may obtain a copy from the School Administrator.

  Timely Warnings

  In the event that a situation arises, either on or off campus, that, in the judgment of the School Administrator constitutes an ongoing or continuing threat, a campus wide “timely warning” will be issued. The warning will be disseminated to staff and students through announcements in campus facilities, cell phone messages, e-mail, school website, social media and/or flyers to ensure that the entire campus is likely to receive the warning. The timely warning will include information that promotes safety and tips to prevent similar crimes, allowing the campus community to take appropriate precautions. The timely warning will also include the time, location, and type of crime reported. Anyone with information warranting a timely warning should report the circumstances to the School Administrator by phone at (801) 304-7000 or in person at the School.

17

Third-Party and Anonymous Reporting

In cases where sexual misconduct is reported to the Title IX Coordinator by someone other than the complainant (by an instructor, classmate or friend, for example), the Title IX Coordinator will promptly notify the complainant that a report has been received. This Policy and the Procedures will apply in the same manner as if the complainant had made the initial report. The Title IX Coordinator will make every effort to meet with the complainant to discuss available options and resources. Reports from an anonymous source will be treated in a similar fashion.

No Retaliation

The School prohibits retaliation against those who file a complaint or third-party report, or otherwise participate in the investigative and/or disciplinary process (e.g., as a witness). The School will take strong responsive action if retaliation occurs. Any incident of retaliation should be promptly reported to the Title IX Coordinator.

Coordination With Drug Free School Policy

Students may be reluctant to report instances of sexual misconduct because they fear being disciplined pursuant to the School’s alcohol or drug policies. The School encourages students to report all instances of sexual misconduct and will take into consideration the importance of reporting sexual misconduct in addressing violations of the School’s alcohol and drug policies. This means that, whenever possible, the School will respond educationally rather than punitively to student alcohol or drug policy violations associated with reported sexual misconduct.

7. School Policy on Confidentiality

The School encourages victims of sexual misconduct to talk to somebody about what happened – so victims can get the support they need, and so the School can respond appropriately.

This policy is intended to make students aware of the various reporting and confidential disclosure options available to them – so they can make informed choices about where to turn should they become a victim of sexual misconduct. The School encourages victims to talk to someone identified in one or more of these groups.

Privileged and Confidential Communications – Professional & Pastoral Counselors

Professional, licensed counselors and pastoral counselors who provide mental-health
counseling to members of the community (and including those who act in that role under the supervision of a licensed counselor) are not required to report any information about an incident to the Title IX coordinator without a victim’s permission. The Barber School does not provide professional or pastoral counseling but can assist a victim of sexual misconduct in obtaining support services from these groups or agencies. Contact information for these support organizations is listed in Section 4 of this Policy.

A victim who at first requests confidentiality may later decide to file a complaint with the School or report the incident to local law enforcement, and thus have the incident fully investigated.

NOTE: While these professional and pastoral counselors and advocates may maintain a victim’s confidentiality vis-à-vis the School, they may have reporting or other obligations under state law.

ALSO NOTE: If the School determines that the alleged perpetrator(s) pose a serious and immediate threat to the School community, the School’s Administrator may be called upon to issue a timely warning to the community. Any such warning should not include any information that identifies the victim.

18

Reporting to “Responsible Employees”

A “responsible employee” is an School employee who has the authority to redress sexual violence, who has the duty to report incidents of sexual violence or other student misconduct, or who a student could reasonably believe has this authority or duty.

When a victim tells a responsible employee about an incident of sexual violence, the victim has the right to expect the school to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.

A responsible employee must report to the Title IX coordinator all relevant details about the alleged sexual violence shared by the victim and that the school will need to determine what happened – including the names of the victim and alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident.

To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the School’s response to the report. A responsible employee should not share information with law enforcement without the victim’s consent or unless the victim has also reported the incident to law enforcement.

The following employees are the School’s responsible employees:

Owner.     Richard Hite
Director of Financial Aid/Office Manager:    Alissa Gregston

Financial Aid Advisor:   Carrie Kemp

Before a victim reveals any information to a responsible employee, the employee should ensure that the victim understands the employee’s reporting obligations – and, if the victim wants to maintain confidentiality, direct the victim to confidential resources.

If the victim wants to tell the responsible employee what happened but also maintain confidentiality, the employee should tell the victim that the School will consider the request, but cannot guarantee that the school will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the responsible employee will also inform the Coordinator of the victim’s request for confidentiality.

Responsible employees will not pressure a victim to request confidentiality, but will honor and support the victim’s wishes, including for the School to fully investigate an incident. By the same token, responsible employees will not pressure a victim to make a full report if the victim is not ready to.

Reporting to Title IX Coordinator

When a victim tells the Title IX Coordinator about an incident of sexual misconduct, the victim has the right to expect the School to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.

To the extent possible, information reported to the Title IX Coordinator will be shared only with people responsible for handling the School’s response to the report. The Title IX Coordinator should not share information with law enforcement without the victim’s consent or unless the victim has also reported the incident to law enforcement.

19

Before a victim reveals any information to the Title IX Coordinator, the Coordinator should ensure that the victim understands the Coordinator’s reporting obligations – and, if the victim wants to maintain confidentiality, direct the victim to confidential resources. If the victim wants to tell the Title IX Coordinator what happened but also maintain confidentiality, the Coordinator should tell the victim that the School will consider the request but cannot guarantee that the School will be able to honor it.

The Title IX Coordinator will not pressure a victim to request confidentiality, but will honor and support the victim’s wishes, including for the School to fully investigate an incident. By the same token, the Title IX Coordinator will not pressure a victim to make a full report if the victim is not ready to.

Requesting Confidentiality: How the School Will Weigh the Request and Respond.

If a victim discloses an incident to the Title IX Coordinator but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the School must weigh that request against the School’s obligation to provide a safe, non-discriminatory environment for all students, including the victim.

If the School honors the request for confidentiality, a victim must understand that the School’s ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator(s) may be limited.

Although rare, there are times when the School may not be able to honor a victim’s request in order to provide a safe, non-discriminatory environment for all students.

The Title IX Coordinator will evaluate requests for confidentiality. When weighing a victim’s request for confidentiality or that no investigation or discipline be pursued, the Title IX Coordinator will consider a range of factors, including the following:

• The increased risk that the alleged perpetrator will commit additional acts of sexual misconduct or other violence, such as:

o whethertherehavebeenothersexualmisconductcomplaintsaboutthesame alleged perpetrator;

o whethertheallegedperpetratorhasahistoryofarrestsorrecordsfromaprior school indicating a history of violence;

o whethertheallegedperpetratorthreatenedfurthersexualmisconductorother violence against the victim or others;

o whetherthesexualmisconductwascommittedbymultipleperpetrators;

• Whether the sexual misconduct was perpetrated with a weapon;
• Whether the victim is a minor;
• Whether the School possesses other means to obtain relevant evidence of the sexual

  misconduct (e.g., security cameras or personnel, physical evidence);

• Whether the victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs

  or alcohol) at a given location or by a particular group.

  The presence of one or more of these factors could lead the School to investigate and, if appropriate, pursue disciplinary action. If none of these factors is present, the School will likely respect the victim’s request for confidentiality.

  If the School determines that it cannot maintain a victim’s confidentiality, the School will inform the victim prior to starting an investigation and will, to the extent possible, only share

20

information with people responsible for handling the School’s response. 
The School will remain ever mindful of the victim’s well-being and will take ongoing steps to protect the victim from retaliation or harm and work with the victim to create a safety plan. Retaliation against the victim, whether by students or School employees, will not be tolerated. The School will also:

• assist the victim in accessing other available victim advocacy, academic support, counseling, disability, health or mental health services, and legal assistance;
• provide other security and support, which could include issuing a no-contact order, helping arrange a change of course schedules (including for the alleged perpetrator pending the outcome of an investigation) or adjustments for assignments or tests; and
• inform the victim of the right to report a crime to local law enforcement – and provide the victim with assistance if the victim wishes to do so.

  The School may not require a victim to participate in any investigation or disciplinary proceeding.

  Because the School is under a continuing obligation to address the issue of sexual violence campus-wide, reports of sexual violence (including non-identifying reports) will also prompt the School to consider broader remedial action – such as increased monitoring, supervision or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/ victimization surveys; and/or revisiting its policies and practices.

  If the School determines that it can respect a victim’s request for confidentiality, the School will also take immediate action as necessary to protect and assist the victim.

  Miscellaneous

  Take Back the Night and other public awareness events. Public awareness events such as “Take Back the Night,” the Clothesline Project, candlelight vigils, protests, “survivor speak outs” or other forums in which students disclose incidents of sexual violence, are not considered notice to the School of sexual misconduct for purposes of triggering its obligation to investigate any particular incident(s). Such events may, however, inform the need for campus-wide education and prevention efforts.

  Off-campus Counselors and Advocates. Off-campus counselors, advocates, and health care providers will also generally maintain confidentiality and not share information with the School unless the victim requests the disclosure and signs a consent or waiver form. Contact information for these off-campus resources can be found in Section 4 of this Policy.

  8. Investigation Procedures and Protocols

  The School’s Title IX Coordinator oversees the School’s investigation, response to, and resolution of all reports of prohibited sexual misconduct, and of related retaliation, involving students, faculty, and staff. The Title IX Coordinator will designate an investigator (or team of investigators) to interview the complainant, respondent and any witnesses. The investigator will also gather pertinent documentary materials (if an) and other information.

  Notice of Investigation

  The Title IX Coordinator will inform the complainant before starting an investigation. The complainant may request that an investigation not be undertaken. The Title IX Coordinator will

21

consider such a request in light of the School’s commitment to provide a safe and non- discriminatory environment for all students. If the Title IX Coordinator determines not to investigate, he will notify the complainant in writing, including that the determination was made at the complainant’s request. At the complainant’s request, the Title IX Coordinator will also notify the respondent in writing, including that the complainant asked the School not to investigate.

The investigator will direct the complainant, respondent, witnesses and other interested individuals to preserve any relevant evidence.

If an investigation proceeds, the School will notify the respondent in writing that a report has been filed. The notice will describe the allegations in the report. The complainant and respondent will be given the opportunity to meet separately with the Title IX Coordinator to review the Policy and these Procedures.

Investigation Process

The School’s process for responding to, investigating and adjudicating sexual misconduct reports will continue during any law enforcement proceeding. The investigator may need to temporarily delay an investigation while the police are gathering evidence but will resume the investigation after learning that the police department has completed its evidence-gathering and will generally not wait for the conclusion of any related criminal proceeding.

The investigator will interview the complainant, respondent and any witnesses. They will also gather pertinent documentary materials (if any) and other information.

Time Frame for Investigation

Consistent with the goal to maximize educational opportunities and minimize the disruptive nature of the investigation and resolution, the Title IX Coordinator seeks to resolve all reports in a timely manner. In general, an investigation may last up to 30 days, from receipt of written notice from the complainant of the intent to proceed with an investigation. Adjudication will generally take up to 30 days from the date the investigative report is provided to both the complainant and the respondent. The Title IX Coordinator may set reasonable time frames for required actions under the Policy. Those time frames may be extended for good cause as necessary to ensure the integrity and completeness of the investigation, comply with a request by external law enforcement, accommodate the availability of witnesses, accommodate delays by the parties, account for School breaks or vacations, or address other legitimate reasons, including the complexity of the investigation (including the number of witnesses and volume of information provided by the parties) and the severity and extent of the alleged conduct. Any extension of the timeframes, and the reason for the extension, will be shared with the parties in writing. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.

Where necessary, the School will take immediate steps to protect complainants pending the final outcome of an investigation, including academic accommodations and other interim measures. These steps may include the ability to change class schedules; withdraw from/retake a class without penalty; access academic support such as tutoring; issue no contact orders; and change the alleged perpetrator’s class schedule.

Impact of Victim’s Confidentiality Request

A victim’s request for confidentiality will likely limit the School’s ability to investigate a particular matter. The School may take steps to limit the effects of the alleged sexual misconduct and

22

prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the student complainant. Examples include: providing increased monitoring, supervision, or security at locations or activities where the misconduct occurred; providing training and education materials for students and employees; revising and publicizing the School’s policies on sexual misconduct; and conducting climate surveys regarding sexual misconduct.

Investigation Report

The investigator will prepare a report detailing the relevant content from the interviews and the documentation gathered. The report will include the assessment of individual credibility and recommended findings of responsibility.

The respondent and complainant will each have the opportunity to review a copy of the investigative report and any other information used during the disciplinary proceedings. The names and other identifying information of other students will be redacted from such materials in accordance with the Family Educational Rights and Privacy Act (FERPA), except to the extent that doing so would interfere with the purpose of Title IX to eliminate sex-based discrimination.

Upon receipt of the investigative report, the complainant and respondent shall each have the opportunity to request a hearing be conducted pursuant to the procedures set forth in Section 9, below. If neither party requests a hearing within 10 calendar days from their receipt of the investigative report, then the recommended findings of responsibility set forth in the investigative report shall be final. The Title IX Coordinator shall rely on the recommended findings of responsibility in the investigative report for purposes of imposing sanctions in accordance with Section 10, below.

Voluntary Resolution

Voluntary resolution, when selected by the complainant and deemed appropriate by the Title IX Coordinator, is a path designed to eliminate the conduct at issue, prevent its recurrence, and remedy its effects in a manner that meets the expressed preference of the complainant and the safety and welfare of the School community. Voluntary resolution is not appropriate for all forms of conduct under the Policy.

The School retains the discretion to determine, when selected by the complainant, which cases are appropriate for voluntary resolution. If a complainant requests voluntary resolution, and the Title IX Coordinator concludes that voluntary resolution is appropriate, then the Title IX Coordinator will take appropriate action by imposing remedies designed to maximize the complainant’s access to all employment, educational, and extracurricular opportunities and benefits at the School and to eliminate a potential hostile environment. A complainant may request and decide to pursue voluntary resolution at any time. In those cases in which the voluntary resolution involves either the notification to or participation by the respondent, it is the respondent’s decision whether to accept voluntary resolution.

Voluntary resolution may include: conducting targeted or broad-based educational programming or training for relevant individuals or groups; providing increased monitoring, supervision, or security at locations or activities where the misconduct occurred; facilitating a meeting with the respondent with the complainant present (in cases that do not involve sexual assault); and any other remedy that can be tailored to the involved individuals to achieve the goals of the Policy. In some forms of voluntary resolution, the remedies imposed will focus on supporting the complainant with no participation or involvement by the respondent. In other forms of voluntary resolution, the respondent may agree to participate. Depending on the type of remedy used, it

23

may be possible for a complainant to maintain anonymity.

Voluntary resolution may also include restorative principles that are designed to allow a respondent to accept responsibility for misconduct and acknowledge harm to the complainant or to the School community. Restorative models will be used only with the consent of both parties and following a determination by the Title IX Coordinator that the matter is appropriate for a restorative approach.

The School will not compel a complainant to engage in mediation, to confront directly the respondent, or to participate in any particular form of informal resolution. Mediation, even if voluntary, is never appropriate in sexual assault cases and will not be used in such cases. As the title implies, participation in voluntary resolution is a choice, and either party can request to end this manner of resolution and pursue an investigation and adjudication at any time, including if voluntary resolution is unsuccessful at resolving the report. Similarly, a complainant can request to end an investigation and pursue voluntary resolution at any time.

The time frame for completion of voluntary resolution may vary, but the School will seek to complete the process within 15 days of the complainant’s request.

9. Grievance/Adjudication Procedures

Hearing Panel

If requested by either complainant or respondent following the distribution of the investigative report, the School will convene a hearing panel following the end of the investigation. The hearing panel determines whether the respondent is responsible or not responsible for a violation of the Policy. If the respondent is determined to be responsible, the matter proceeds to the sanctions stage.

The hearing panel will generally include the Title IX Coordinator and two additional members who will be individuals associated with the School. These additional hearing panel members may include administrators, officers, lawyers or other individuals with relevant experience and special training. Panel members may participate remotely so long as the hearing room is equipped with telephone equipment that allows the panel member to hear all the participants and to be heard by all the participants throughout the hearing proceedings. All panelists will receive training from experts in the field at least once a year. In addition to training on how the adjudicatory process works, the training will include specific instruction about how to approach students about sensitive issues that may arise in the context of sexual misconduct. The complainant and respondent will be informed of the panel’s membership before the hearing process begins. A complainant and/or respondent may challenge the participation of a panel member because of perceived conflict of interest, bias, or prejudice. Such challenges, including rationale, must be made to the Title IX Coordinator at least 48 hours prior to the commencement of the hearing. At its discretion, the Title IX Coordinator will determine whether such a conflict of interest exists and whether a panel member should be replaced. Postponement of a hearing may occur if a replacement panelist cannot be immediately identified.

Advisors

Both the complainant and the respondent are entitled to be accompanied to any meeting or proceeding relating to the allegation of sexual misconduct by an advisor or support person of their choice, provided the involvement of such advisor or support person does not result in the postponement or delay of such meeting as scheduled.

24

Written Submissions

Both the complainant and respondent will have the opportunity to submit written responses to the investigation report and other relevant information to the hearing panel. Each of the complainant and respondent will have the opportunity to review any written submissions by the other. The hearing panel may set reasonable parameters for these written submissions. The hearing panel will review the investigation report and written submissions.

Hearing Procedures

The Title IX Coordinator will, whenever possible, give the complainant and respondent at least five days’ advance notice of the hearing. The hearing is a closed proceeding, meaning that no one other than the panel members, the complainant and respondent, their respective advisors, witnesses (when called), and necessary School personnel may be present during the proceeding. The School Administrator will work with School staff so that any student whose presence is required may participate in the hearing.

In general, hearings will proceed as follows:

• The Title IX Coordinator may set reasonable time limits for any part of the hearing. Each of the complainant and respondent will have the opportunity to present witnesses and other information consistent with the Policy and these Procedures. The panel may determine the relevance of, place restrictions on, or exclude any witnesses or information. When the complainant and respondent are not able to be present for the hearing panel, arrangements will be made for participation via alternate means.
• In cases where either the complainant or respondent opts not to participate in the hearing, the panel may still hear from the other.
• Additional hearing rules include:
  o Questioning.Onlythepanelmayaskquestionsofthecomplainantand

  respondent and any witnesses. Both the complainant and respondent will have the opportunity to suggest questions of the other and of witnesses by submitting suggested questions to the panel in writing. The panel may revise or not ask any or all submitted questions.

o InformationRegardingRomanticorSexualHistory.Thepanelwillnotconsider the romantic or sexual history of either the complainant or respondent in cases involving allegations of sexual misconduct, except for testimony offered by one or the other about the complainant’s and respondent’s shared sexual history that the panel deems relevant. If such information is offered by the complainant or respondent, the other has the right to respond. The existence of a prior consensual dating or sexual relationship between the complainant and respondent by itself does not support an inference of consent to alleged sexual misconduct.

o PriorConductViolations.Thehearingpanelwillnotconsidertherespondent’s prior conduct violations, unless the investigator provided that information to the hearing panel because the respondent was previously found to be responsible, and the previous incident was substantially similar to the present allegation(s) and/or the information indicates a pattern of behavior by the respondent.

The School will keep an audio recording of the hearing for the use of the panel, for sanctioning, and for purposes of appeal. 
Cell phones and recording devices may not be used in the hearing room(s) unless approved by the panel in advance.

25


Panel Determinations/Standard of Proof 

The panel will use “preponderance of the evidence” as the standard of proof to determine whether a violation of the Policy occurred. Preponderance of the evidence means that a panel must be convinced based on the information it considers that the respondent was more likely than not to have engaged in the conduct at issue in order to find the respondent responsible for violating the Policy. 
The panelwilfind a studentresponsible,ornotresponsible,based on a majority vote. The panel will generally render a decision within 10 days after the conclusion of a hearing. The panel’s decision will include an explanation of the basis for the decision. 
Ifthe panel finds the respondent responsible, the matter will proceed to the sanctions stage.

The parties will be informed of the results of the adjudication hearing by simultaneous written notice to both parties of the outcome of the complaint.

10. Sanctions and Other Remedies

The Title IX Coordinator, with the advice and counsel of the other hearing panel members, shall be responsible for imposing sanctions that are:

• Fair and appropriate given the facts of the particular case;
• Consistent with the School’s handling of similar cases;
• Adequate to protect the safety of the campus community; and
• Reflective of the seriousness of sexual misconduct.

  The Title IX Coordinator will consider relevant factors, including if applicable: (1) the specific sexual misconduct at issue (such as penetration, touching under clothing, touching over clothing, unauthorized recording, etc.); (2) the circumstances accompanying the lack of consent (such as force, threat, coercion, intentional incapacitation, etc.); (3) the respondent’s state of mind (intentional, knowing, bias-motivated, reckless, negligent, etc.); (4) the impact of the offense on the complainant; (5) the respondent’s prior disciplinary history; (6) the safety of the School community; and (7) the respondent’s conduct during the disciplinary process.

  The Title IX Coordinator will render a sanctioning decision within five days following the receipt of the panel’s determination. The sanctioning decision will be communicated in writing to the complainant and the respondent.

  The School may impose any one or more of the following sanctions on a student determined to have violated the Policy:

  • Reprimand/warning
  • Changing the respondent’s academic schedule
  • Disciplinary probation
  • Restricting access to School facilities or activities
  • Community service
  • Issuing a “no contact” order to the respondent or requiring that such an order remain in

    place

  • Dismissal or restriction from School employment
  • Suspension (limited time or indefinite)
  • Expulsion

    In addition to any other sanction (except where the sanction is expulsion), the School will require any student determined to be responsible for a violation of the Policy to receive

26

appropriate education and/or training related to the sexual misconduct violation at issue. The School may also recommend counseling or other support services for the student.

Whatever the outcome of the hearing process, a complainant may request ongoing or additional accommodations and the Title IX Coordinator will determine whether such measures are appropriate. Potential ongoing accommodations include:

• Providing an escort for the complainant
• Changing the complainant’s academic schedule
• Allowing the complainant to withdraw from or retake a class without penalty
• Providing access to tutoring or other academic support, such as extra time to complete

  or re-take a class

  The School may also determine that additional measures are appropriate to respond to the effects of the incident on the School community. Additional responses for the benefit of the School community may include:

  • Increased monitoring, supervision, or security at locations or activities where the misconduct occurred
  • Additional training and educational materials for students and employees
  • Revision of the School’s policies relating to sexual misconduct
  • Climate surveys regarding sexual misconduct
    

    11. Records Disclosure

    Disciplinary proceedings conducted by the School are subject to the Family Educational Records and Privacy Act (FERPA), a federal law governing the privacy of student information. FERPA generally limits disclosure of student information outside the School without the student’s consent, but it does provide for release of student disciplinary information without a student’s consent in certain circumstances.

    Any information gathered in the course of an investigation may be subpoenaed by law enforcement authorities as part of a parallel investigation into the same conduct or required to be produced through other compulsory legal process.

    Additional information about FERPA can be found on the School’s website at www.thebarberschool.com.

    The School will, upon written request, disclose to the alleged victim of a crime of violence (as that term is defined in Section 16 of Title 18, United States Code), or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the School against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

    12. Education and Prevention Programs

    As set forth in Section 3 of this Policy statement, Sexual Assault, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence, and Stalking are all forms of Prohibited Conduct.

    The School is committed to offering educational programs to promote awareness and prevention of Prohibited Conduct. Educational programs include an overview of the School’s

27

policies and procedures; relevant definitions, including prohibited conduct; discussion of the impact of alcohol and illegal drug use; consent; safe and positive options for bystander intervention; review of resources and reporting options available for students, faculty, and staff; and information about risk reduction. Incoming students and new employees will receive primary prevention and awareness programming as part of their orientation.

As part of the School’s commitment to provide an educational and work environment free from Prohibited Conduct, this Policy will be disseminated widely to the School community through e- mail communication, publications, websites, new employee orientations, student orientations, and other appropriate channels of communication.

The Title IX Coordinator, hearing panel members, and anyone else who is involved in responding to, investigating, or adjudicating sexual misconduct will receive annual training from experts in the field. In addition to training on how the adjudicatory process works, the training will include specific instruction about how to approach students about sensitive issues that may arise in the context of sexual misconduct.


Definitions of Sexual Misconduct under Utah Law

Sexual Assault is any unwanted physical contact of a sexual nature that occurs either without the consent of each participant or when a participant is unable to give consent freely. Sexual assault can occur either forcibly and/or against a person’s will, or when a person is unable to give consent freely. Non- consensual sexual intercourse is any form of sexual intercourse (vaginal, anal or oral) with any object without consent. Non-consensual sexual contact is any intentional sexual touching, however slight, with any object without a person’s consent.

The Utah Code includes the following definitions with respect to incidents of sexual assault:

Utah Code Ann. §76-5-402 Rape.
(1) A person commits rape when the actor has sexual intercourse with another person without the victim’s consent.

Utah Code Ann. §76-5-402.2 Object rape.
(1) A person who, without the victim’s consent, causes the penetration, however slight, of the genital or anal opening of another person who is 14 years of age or older, by any foreign object, substance, instrument, or device, including a part of the human body other than the mouth or genitals, with intent to cause substantial emotional or bodily pain to the victim or with the intent to arouse or gratify the sexual desire of any person, commits an offense which is a first degree felony,
Utah Code Ann. §76-5-404 Forcible sexual abuse. (1) A person commits forcible sexual abuse if the victim is 14 years of age or older and, under circumstances not amounting to rape, object rape, sodomy, or attempted rape or sodomy, the actor touches the anus, buttocks, or any part of the genitals of another, or touches the breast of a female, or otherwise takes indecent liberties with another, or

causes another to take indecent liberties with the actor or another, with intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, without the consent of the other, regardless of the sex of any participant.

Under Utah law, Utah Code Ann. §76-5-406, sexual offenses “without consent” of the victim arise when:

(1) the victim expresses lack of consent through words or conduct;
(2) the actor overcomes the victim through the actual application of physical force or violence; (3) the actor is able to overcome the victim through concealment or by the element of surprise;

(4)(i) the actor coerces the victim to submit by threatening to retaliate in the immediate future against the victim or any other person, and the victim perceives at the time that the actor has the ability to execute this threat; or

(ii) the actor coerces the victim to submit by threatening to retaliate in the future against the victim or any other person, and the victim believes at the time that the actor has the ability to execute this threat; (“to retaliate” includes threats of physical force, kidnapping, or extortion) (5) the actor knows the victim is unconscious, unaware that the act is occurring, or physically unable to resist;

(6) the actor knows that as a result of mental disease or defect, or for any other reason the victim is at the time of the act incapable either of appraising the nature of the act or of resisting it; (7) the actor knows that the victim submits or participates because the victim erroneously believes that the actor is the victim’s spouse;

(8) the actor intentionally impaired the power of the victim to appraise or control his or her

28

conduct by administering any substance without the victim’s knowledge;
(9) the victim is younger than 14 years of age; (10) the victim is younger than 18 years of age and at the time of the offense the actor was the victim’s parent, stepparent, adoptive parent, or legal guardian or occupied a position of special trust in relation to the victim;

(11) the victim is 14 years of age or older, but younger than 18 years of age, and the actor is more than three years older than the victim and entices or coerces the victim to submit or participate, under circumstances not amounting to the force or threat required under Subsection (2) or (4); or

(12) the actor is a health professional or religious counselor, the act is committed under the guise of providing professional diagnosis, counseling, or treatment, and at the time of the act the victim reasonably believed that the act was for medically or professionally appropriate diagnosis, counseling, or treatment to the extent that resistance by the victim could not reasonably be expected to have been manifested.

Under the Utah Code, a person is guilty of stalking who intentionally or knowingly engages in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause a reasonable person: (a) to fear for the person’s own safety or the safety of a third person; or (b) to suffer other emotional distress. Utah Code Ann. §76-5- 106.5(2).

“Course of conduct” (Utah Code Ann. §76-5- 106.5(1)(b)) means two or more acts directed at or toward a specific person, including:

(i) acts in which the actor follows, monitors, observes, photographs, surveils, threatens, or communicates to or about a person, or interferes with a person’s property:

(A) directly, indirectly, or through any third party; and
(B) by any action, method, device, or means; or (ii) when the actor engages in any of the following acts or causes someone else to engage in any of these acts:

(A) approaches or confronts a person;
(B) appears at the person’s workplace or contacts the person’s employer or coworkers;
(C) appears at a person’s residence or contacts a person’s neighbors, or enters property owned, leased, or occupied by a person;
(D) sends material by any means to the person or for the purpose of obtaining or disseminating information about or communicating with the person to a member of the person’s family or household, employer, coworker, friend, or associate of the person;
(E) places an object on or delivers an object to property owned, leased, or occupied by a person,

or to the person’s place of employment with the intent that the object be delivered to the person; or
(F) uses a computer, the Internet, text messaging, or any other electronic means to commit an act that is a part of the course of conduct.

“Immediate family” (Utah Code Ann. §76-5- 106.5(1)(c)) means a spouse, parent, child, sibling, or any other person who regularly resides in the household or who regularly resided in the household within the prior six months.

“Emotional distress” (Utah Code Ann. §76-5- 106.5(1)(d)) means significant mental or psychological suffering, whether or not medical or other professional treatment or counseling is required.

“Reasonable person” (Utah Code Ann. §76-5- 106.5(1)(e)) means a reasonable person in the victim’s circumstances.

“Text messaging” (Utah Code Ann. §76-5-106.5(1)(g)) means a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone or computer to another person’s telephone or computer by addressing the communication to the recipient’s telephone number.

Under the Utah Code, “Domestic violence” or “domestic violence offense” means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another. Utah Code Ann. §77-36-1(4).

For purposes of defining domestic violence of domestic violence offense:

(1) “Abuse” means intentionally or knowingly causing or attempting to cause a cohabitant physical harm or intentionally or knowingly placing a cohabitant in reasonable fear of imminent physical harm.

(2) “Cohabitant” means an emancipated person pursuant to Section 15-2-1 or a person who is 16 years of age or older who:
(a) is or was a spouse of the other party;

(b) is or was living as if a spouse of the other party;
(c) is related by blood or marriage to the other party;

(d) has or had one or more children in common with the other party;
(e) is the biological parent of the other party’s unborn child; or

(f) resides or has resided in the same residence as the other party.

29

(3) Notwithstanding Subsection (2), “cohabitant” does not include:
(a) the relationship of natural parent, adoptive parent, or step-parent to a minor; or

(b) the relationship between natural, adoptive, step, or foster siblings who are under 18 years of age.
Utah Code Ann. §78B-7-102

The Utah Code provides the following with respect to Dating Violence:

Utah Code Ann. §78B-7-403 Abuse or danger of abuse — Dating violence protective orders.

(1) A person may seek a protective order if the person is subjected to, or there is a substantial likelihood the person will be subjected to:
(a) abuse by a dating partner of the person; or (b) dating violence by a dating partner of the person.

(2) A person may seek an order described in Subsection (1) whether or not the person has taken other action to end the relationship.

Utah Code Ann. §78B-7-402 Definitions.
As used in this part:
(1) “Abuse” means intentionally or knowingly:
(a) causing or attempting to cause physical harm to a dating partner; or
(b) placing a dating partner in reasonable fear of imminent physical harm.
(2) (a) “Dating partner” means a person who:
(i) (A) is an emancipated person under Section 15-2-1 or Title 78A, Chapter 6, Part 8, Emancipation; or
(B) is 18 years of age or older; and
(ii) is, or has been, in a dating relationship with the other party.

***
(3) (a) “Dating relationship” means a social

relationship of a romantic or intimate nature, or a

relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy. (b) “Dating relationship” does not mean casual fraternization in a business, educational, or social context.

(c) In determining, based on a totality of the circumstances, whether a dating relationship exists:
(i) all relevant factors shall be considered, including:

(A) whether the parties developed interpersonal bonding above a mere casual fraternization;
(B) the length of the parties’ relationship;
(C) the nature and the frequency of the parties’ interactions, including communications indicating that the parties intended to begin a dating relationship;

(D) the ongoing expectations of the parties, individual or jointly, with respect to the relationship;
(E) whether, by statement or conduct, the parties demonstrated an affirmation of their relationship to others; and

(F) whether other reasons exist that support or detract from a finding that a dating relationship exists; and
(ii) it is not necessary that all, or a particular number, of the factors described in Subsection (3)(c)(i) are found to support the existence of a dating relationship.

(4) “Dating violence” means:
(a) any criminal offense involving violence or physical harm, or threat of violence or physical harm, when committed by a person against a dating partner of the person; or
(b) any attempt, conspiracy, or solicitation by a person to commit a criminal offense involving violence or physical harm against a dating partner of the person.

.


Bystander Intervention
The School’s primary prevention and awareness program includes a description of safe and positive options for bystander intervention. Active bystanders take the initiative to help someone who may be targeted for a sexual assault. They do this in ways that are intended to avoid verbal or physical conflict. Active bystanders also take the initiative to help friends, who are not thinking clearly, from becoming offenders of crime. Intervention does not mean that you directly intervene to stop a crime in progress; rather, these steps are “early intervention” – before a crime begins to occur. There are three important components to consider before taking action that we refer to as the ABCs:

• Assess for safety. Ensure that all parties are safe, and whether the situation requires calling authorities. When deciding to intervene, your personal safety should be the #1 priority. When in doubt, call for help.
• Be with others. If it is safe to intervene, your are likely to have a greater influence on the parties involved when you work together with someone or several people. Your safety is increased when you stay with a group of friends that you know well.

30

• Care for the person. Ask if the target of the unwanted sexual advance/attention/behavior is okay – does he or she need medical care? Ask if someone they trust can help them get safely home.
Information on Bystander Intervention was provided by the Department of Defense Sexual Assault Prevention and Response Office from: www.sapr.mil


Risk Reduction

The School’s primary prevention and awareness program includes information on risk reduction. This includes:

Avoiding Dangerous Situations. While you can never completely protect yourself from sexual assault, there are some things you can do to help reduce your risk of being assaulted.

• Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation.
• Try to avoid isolated areas. It is more difficult to get help if no one is around.
• Walk with purpose. Even if you don’t know where you are going, act like you do.
• Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably

  isn’t the best place to be.

• Try not to load yourself down with packages or bags as this can make you appear more

  vulnerable.

• Make sure your cell phone is with you and charged and that you have cab money.
• Don’t allow yourself to be isolated with someone you don’t trust or someone you don’t

  know.

• Avoid putting music headphones in both ears so that you can be more aware of your

  surroundings, especially if you are walking alone.

  Safety Planning. Things to think about:

  • How to get away if there is an emergency? Be conscious of exits or other escape routes.

    Think about options for transportation (car, bus, subway, etc.).

  • Who can help? Friends and/or family, or support centers in your area. Please see

    Section 4 of this Policy for a list of support organizations.

  • Where to go? Options may include a friend’s house or relative’s house, or you may

    consider going to a domestic violence or homeless shelter. You may also go to the police. Important Safety Note: If the dangerous situation involves a partner, go to the police or a shelter first.

  • What to bring? This may include important papers and documents such birth certificate, social security card, license, passport, medical records, lease, bills, etc. This will also include house keys, car keys, cash, credit cards, medicine, important numbers, and your cell phone. If you are bringing children with you, remember to bring their important papers and legal documents. You can keep all of these things in an emergency bag. You should hide the bag—it is best if it is not in your house or car. If the bag is discovered, you can call it a “tornado” or “fire” bag.

    Protecting Your Friends. You have a crucial role to play in keeping your friends safe. No matter what the setting, if you see something that doesn’t feel quite right or see someone who might be in trouble, there are some simple things you can do to help out a friend.

• Distract. If you see a friend in a situation that doesn’t feel quite right, create a distraction to get your friend to safety. This can be as simple as joining or redirecting the conversation: suggest to your friend that you leave the party, or ask them to walk you home. Try asking questions like: “Do you want to head to the bathroom with me?” or “Do

31

you want to head to another party – or grab pizza?”

• Step in. If you see someone who looks uncomfortable or is at risk, step in. If you feel

  safe, find a way to de-escalate the situation and separate all parties involved. Don’t be

  shy about directly asking the person if they need help or if they feel uncomfortable.

• Enlist others. You don’t have to go it alone. Call in friends or other people in the area as

  reinforcements to help defuse a dangerous situation and get the at-risk person home

  safely. There is safety in numbers.

• Keep an eye out. Use your eyes and ears to observe your surroundings. If you see

  someone who has had too much to drink or could be vulnerable, try to get them to a safe place. Enlist friends to help you. Even if you weren’t around when the assault occurred, you can still support a friend in the aftermath.

  Social Situations. While you can never completely protect yourself from sexual assault, there are some things you can do to help reduce your risk of being assaulted in social situations.

  • When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation.
  • Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately.
  • Don’t leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, just get a new one.
  • Don’t accept drinks from people you don’t know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from the punch bowls or other large, common open containers.
  • Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they’ve had, or is acting out of character, get him or her to a safe place immediately.
  • If you suspect you or a friend has been drugged, contact law enforcement immediately. Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others).
    Information on Risk Reduction was provided by RAINN: Rape, Abuse & Incest National Network: www.rainn.org.

    13. Amendments

    The School may amend the Policy or the Procedures from time to time. Nothing in the Policy or Procedures shall affect the inherent authority of the School to take such actions as it deems appropriate to further the educational mission or to protect the safety and security of the School community.

32

The Barber School Sexual Misconduct Policy

• Sexual Harassment – Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education or employment, (ii) submission to or rejection of such conduct by an individual is used as the basis for education or employment decisions affecting such individuals, or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual’s school or work performance or creating an intimidating, hostile, or offensive educational or working environment.

o HostileEnvironmentCausedBySexualHarassment-referstoasituationwhere students and/or employees are subject to a pattern of exposure to unwanted sexual behavior that is so severe, persistent, or pervasive that it alters the conditions of education, employment, or participation in a School program or activity, thereby creating an environment that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive. An isolated incident, unless sufficiently severe, does not amount to a hostile environment caused by sexual harassment.

o QuidProQuoHarassment–referstoasituationwherestudentsand/or employees are subject to unwanted sexual behavior where submission or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions affecting an individual’s education, employment, or participation in a School program or activity.

• Sexual Assault – is any unwanted physical contact of a sexual nature that occurs either without the consent of each participant or when a participant is unable to give consent freely. Sexual assault can occur either forcibly and/or against a person’s will, or when a person is unable to give consent freely. Non-consensual sexual intercourse is any form of sexual intercourse (vaginal, anal or oral) with any object without consent. Non- consensual sexual contact is any intentional sexual touching, however slight, with any object without a person’s consent. Sexual assault includes incidents of rape and sex offenses as defined below.
• Rape – The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
• Sex Offenses – Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

  o Fondling-Thetouchingoftheprivatebodypartsofanotherpersonforthe purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

o Incest-Sexualintercoursebetweenpersonswhoarerelatedtoeachotherwithin the degrees wherein marriage is prohibited by law.

o StatutoryRape-Sexualintercoursewithapersonwhoisunderthestatutoryage of consent.

33

• Domestic Violence – A felony or misdemeanor crime of violence committed (i) by a current or former spouse or intimate partner of the victim; (ii) by a person with whom the victim shares a child in common; (iii) by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; (iv) by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or (v) by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
• Dating Violence – Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purpose of this definition dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
• Prohibited Conduct – The School prohibits the crimes of Sexual Assault, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence, and Stalking as defined in these Definitions of Key Terms.
• Sexual Exploitation – sexual misconduct that occurs when a person takes unjust or abusive sexual advantage of another for his or her own advantage or benefit or for the benefit or advantage of anyone other than the exploited party; and that behavior does not otherwise constitute sexual assault. Examples of sexual exploitation include, but are not limited to, videotaping or photographing of any type (web-cam, camera, Internet exposure, etc.) without knowledge and consent of all persons; prostituting another person; knowingly transmitting HIV or a sexually transmitted disease to an unknowing person or to a person who has not consented to the risk; or inducing incapacitation with the intent to commit sexual assault, without regard to whether sexual activity actually takes place.
• Stalking – Engaging in a course of conduct directed at a specific person that would cause a reasonable 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. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
• Retaliation – means any adverse action, or attempted adverse action, against an individual or group of individuals because of their participation in any manner in an investigation, proceeding, or hearing under this Policy.

34

• Intimidation – To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
• Consent
  is a voluntary agreement to engage in sexual activity.

  o Pastconsentdoesnotimplyfutureconsent.
  o Silenceoranabsenceofresistancedoesnotimplyconsent.
  o Consent to engage in sexual activity with one person does not imply consent to

  engage in sexual activity with another.
  o Consentcanbewithdrawnatanytime.
  o Coercion,force,orthreatofeitherinvalidatesconsent.

  Someone who is incapacitated cannot consent. Incapacitation refers to a situation in which a person is not capable of providing consent because the person lacks the ability to understand her or his decision. This situation may occur due to the use of drugs or alcohol, when a person is asleep or unconscious, or because of an intellectual or other disability that prevents the student from having the capacity to give consent.

  • Complainant – means the person making the allegation(s) of sexual misconduct.
  • Respondent – means the person alleged to have committed sexual misconduct.

35