Sexual Misconduct - Title IX

Perry Technical Institute (PTI) prohibits all forms of illegal gender and sex-based discrimination, which includes acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking. PTI has a zero tolerance policy for gender and sex-based discrimination, and seeks to create and maintain a campus free from sexual misconduct. All members of the school community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The information on this page is designed to provide resources to assist students, staff, guests or visitors regardless of where the misconduct took place. Click on the button on this page to report an incident on our Campus Wide Complaint Form. Read the full PTI Sexual Harassment Policies and Procedures.

Jill Wheeling, Title IX Coordinator
[email protected] 
509-453-0374

Sexual Misconduct Policy

Details

Resources

Perry Technical Institute faculty and staff are mandatory reporters. Once an employee becomes aware of an incident, they have an obligation to share it with the Title IX Coordinator. If, however, a student or employee desires that details of the incident be kept confidential, they should speak with one of several off campus resources.

  • Comprehensive Healthcare, 509-575-4084
  • Lower Valley Crisis and Support Center Hotline, 509-837-6689
  • Rape Crisis and Victim Services Hotline, 817-927-2737
  • YWCA, 509-248-7796
  • Yakima County Sexual Assault Resource Center 24-Hour Line, 509-575-4200 or 800-572-8122
  • Yakima Sexual Assault Unit Hotline, 509-452-9675

While absolute confidentiality cannot be guaranteed throughout the investigation, the school makes every effort to only inform others on a need-to-know basis.

For more information on your rights and resources, click HERE.

Reporting

All incidents should be reported promptly. Use a Campus Complaint Form or the button on this page to report an incident.

Report an incident of sexual misconduct to:

Jill Wheeling, Title IX Coordinator
[email protected] 
509-453-0374

If any complaint is made to a faculty or staff member, the faculty or staff member is required to inform the student of available services and should immediately contact the Title IX Coordinator.

All incidents of sexual misconduct will be taken seriously by the institution when formally reported, and those incidents will be investigated and properly resolved through administrative procedures. 

Off Campus Confidential Reporting

If a student or employee desires that details of the incident be kept confidential, they should speak with one of several off campus resources

  • Comprehensive Healthcare, 509-575-4084
  • Lower Valley Crisis and Support Center Hotline, 509-837-6689
  • Rape Crisis and Victim Services Hotline, 817-927-2737
  • YWCA, 509-248-7796
  • Yakima County Sexual Assault Resource Center 24-Hour Line, 509-575-4200 or 800-572-8122
  • Yakima Sexual Assault Unit Hotline, 509-452-9675
What is a Title IX Coordinator?

Perry Technical Institute has appointed a Title IX Coordinator to oversee all possible complaints of sexual discrimination (including gender-based discrimination, and discrimination related to sexual orientation or gender identity and expression), including allegations of sexual misconduct. The federal government has required that all schools receiving federal financial assistance must designate at least one Title IX Coordinator and publish the name, office address, telephone number, and email address of this employee. If you have any questions or would like to speak with a Title IX Coordinator, you may contact Perry Technical Institute’s Title IX Coordinator:

The Compliance Office is located within the Human Resources Office.
Jill Wheeling, Title IX Coordinator
[email protected] 
509-453-0374

What are my rights when I report?

STATEMENT OF RIGHTS OF THE PARTIES

  • The right to an equitable investigation and resolution of all credible allegations of prohibited harassment or retaliation made in good faith to PTI officials.
  • The right to timely written notice of all alleged violations, including the identity of the parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures, and possible sanctions.
  • The right to timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants, unsubstantiated allegations) and any attendant adjustments needed to clarify potentially implicated policy violations.
  • The right to be informed in advance of any public release of information regarding the allegation(s) or underlying incident(s), whenever possible.
  • The right not to have any personally identifiable information released to the public without consent provided, except to the extent permitted by law.
  • The right to be treated with respect by PTI officials.
  • The right to have PTI policies and procedures followed without material deviation.
  • The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.
  • The right not to be discouraged by PTI officials from reporting sexual harassment or retaliation to both on-campus and off-campus authorities.
  • The right to be informed by PTI officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by PTI authorities in notifying such authorities, if the party so chooses. This also includes the right not to be pressured to report, as well.
  • The right to have allegations of violations of this Policy responded to promptly and with sensitivity by PTI officials.
  • The right to be informed of available interim actions and supportive measures, such as counseling; advocacy; health care; student financial aid, visa, and immigration assistance; or other services, both on campus and in the community.
  • The right to a PTI-implemented no-contact order or a no-trespass order against a non-affiliated third party when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct.
  • The right to be informed of available assistance in changing academic and/or working situations after an alleged incident of sexual harassment and/or retaliation, if such changes are reasonably available. No formal report, or investigation, either campus or criminal, needs to occur before this option is available. Such actions may include, but are not limited to:
    • Changing an employee’s work environment (e.g., reporting structure, office/workspace relocation)
    • Transportation accommodations
    • Visa/immigration assistance
    • Exam, paper, and/or assignment rescheduling or adjustment
    • Receiving an incomplete in, or a withdrawal from, a class (may be retroactive)
    • Transferring class sections
    • Temporary withdrawal/leave of absence (may be retroactive)
    • Campus safety escorts
    • Alternative course completion options.
  • The right to have PTI maintain such actions for as long as necessary and for supportive measures to remain private, provided privacy does not impair PTI’s ability to provide the supportive measures.
  • The right to receive sufficiently advanced, written notice of any meeting or interview involving the other party, when possible.
  • The right to ask the Investigator(s) and Decision-maker(s) to identify and question relevant witnesses, including expert witnesses.
  • The right to provide the Investigator(s)/Decision-maker(s) with a list of questions that, if deemed relevant by the Investigator(s)/Chair, may be asked of any party or witness.
  • The right not to have irrelevant prior sexual history or character admitted as evidence.
  • The right to know the relevant and directly related evidence obtained and to respond to that evidence.
  • The right to fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record.
  • The right to receive a copy of the investigation report, including all factual, policy, and/or credibility analyses performed, and all relevant and directly related evidence available and used to produce the investigation report, subject to the privacy limitations imposed by state and federal law, prior to the hearing, and the right to have at least ten (10) business days to review the report prior to the hearing.
  • The right to respond to the investigation report, including comments providing any additional relevant evidence after the opportunity to review the investigation report, and to have that response on the record.
  • The right to be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant.
  • The right to regular updates on the status of the investigation and/or resolution.
  • The right to have reports of alleged Policy violations addressed by Investigators, Title IX Coordinators, and Decision-maker(s) who have received relevant annual training.
  • The right to a Hearing Panel that is not single-sex in its composition, if a panel is used.
  • The right to preservation of privacy, to the extent possible and permitted by law.
  • The right to meetings, interviews, and/or hearings that are closed to the public.
  • The right to petition that any PTI representative in the process be recused on the basis of disqualifying bias and/or conflict of interest.
  • The right to have an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the resolution process.
  • The right to have PTI compel the participation of faculty and staff witnesses.
  • The right to the use of the appropriate standard of evidence, preponderance of the evidence, to make a finding after an objective evaluation of all relevant evidence.
  • The right to be present, including presence via remote technology, during all testimony given and evidence presented during any formal grievance hearing.
  • The right to have an impact statement considered by the Decision-maker(s) following a determination of responsibility for any allegation, but prior to sanctioning.
  • The right to be promptly informed in a written Notice of Outcome letter of the finding(s) and sanction(s) of the resolution process and a detailed rationale of the decision (including an explanation of how credibility was assessed), delivered simultaneously (without undue delay) to the parties.
  • The right to be informed in writing of when a decision by PTI is considered final and any changes to the sanction(s) that occur before the decision is finalized.
  • The right to be informed of the opportunity to appeal the finding(s) and sanction(s) of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by PTI.
  • The right to a fundamentally fair resolution as defined in these procedures.
What happens when there is a report of sexual misconduct or discrimination?

Notice/Complaint
Upon receipt of a complaint or notice to the Title IX Coordinator of an alleged violation of the Policy, the Title IX Coordinator initiates a prompt initial assessment to determine the next steps PTI needs to take.

The Title IX Coordinator will initiate at least one of three responses:

  1. Offering supportive measures because the Complainant does not want to file a formal complaint; and/or
  2. An informal resolution (upon submission of a formal complaint); and/or
  3. A Formal Grievance Process including an investigation and a hearing (upon submission of a formal complaint).


Initial Assessment
Following receipt of notice or a complaint of an alleged violation of this Policy, the Title IX Coordinator engages in an initial assessment, typically within one to five (1-5) business days.

Violence Risk Assessment
In many cases, the Title IX Coordinator may determine that a Violence Risk Assessment (VRA) should be conducted by the Title IX Coordinator as part of the initial assessment.

Dismissal (Mandatory and Discretionary) of Complaint
PTI must dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

  1. The conduct alleged in the formal complaint would not constitute sexual harassment as defined above, even if proved; and/or
  2. The conduct did not occur in an educational program or activity controlled by PTI (including buildings or property controlled by recognized student organizations), and/or PTI does not have control of the Respondent; and/or
  3. The conduct did not occur against a person in the United States; and/or
  4. At the time of filing a formal complaint, a complainant is not participating in or attempting to participate in the education program or activity of PTI.


PTI may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing:

  1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; or
  2. The Respondent is no longer enrolled in or employed by PTI; or
  3. Specific circumstances prevent PTI from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.


Appointment of Investigators
Once the decision to commence a formal investigation is made, the Title IX Coordinator appoints investigator(s) to conduct the investigation, usually within two (2) business days of determining that an investigation should proceed.

Investigation Timeline
Investigations are completed expeditiously, normally within thirty (30) business days, though some investigations may take weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc.

PTI will make a good faith effort to complete investigations as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.

Steps in the Investigation Process
All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary.

All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record.

Referral for Hearing

  • Provided that the complaint is not resolved through Informal Resolution, once the final investigation report is shared with the parties, the Title IX Coordinator will refer the matter for a hearing.
  • The hearing cannot be less than ten (10) business days from the conclusion of the investigation –when the final investigation report is transmitted to the parties and the Decision-maker–unless all parties and the Decision-maker agree to an expedited timeline.
  • The Title IX Coordinator will select an appropriate Decision-maker or Decision-makers from the Pool depending on whether the Respondent is an employee or a student.


Hearing Procedures
At the hearing, the Decision-maker(s) has the authority to hear and make determinations on all allegations of sexual harassment and/or retaliation and may also hear and make determinations on any additional alleged policy violations that have occurred in concert with the sexual harassment and/or retaliation, even though those collateral allegations may not specifically fall within the Policy.

Notice of Outcome
Using the deliberation statement, the Title IX Coordinator will work with the Chair to prepare a Notice of Outcome. The Notice of Outcome may be reviewed by legal counsel. The Title IX Coordinator will then share the letter, including the final determination, rationale, and any applicable sanction(s) with the parties and their Advisors within seven (7) business days of receiving the Decision-maker(s)’ deliberation statement.

If a complaint of prohibited harassment is substantiated, appropriate corrective action, up to and including dismissal, will be taken. Appropriate action will also be taken to correct the effects of the harassment and to deter any future harassment.

*Read the full PTI Sexual Harassment Policies and Procedures.

Title IX Team Training

Title IX Coordinator:
Title IX Coordinator Training Part 1
Title IX Coordinator Training Part 2
Title IX Coordinator Training Part 3

Decision Makers
Title IX Decision Maker Training

Investigators
Title IX Investigator Training

Report a Title IX Incident

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2011 W. Washington Ave
Yakima, WA 98903
509-453-0374

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