Notice of Compliance with Title VI, Title IX, Section 504, and the ADA

Policy on Non-Discrimination and Non-Harassment Under Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and The Age Discrimination Act of 1975

Title IX Compliance

Native American Multi Enterprises LLC (NAME LLC) prohibits discrimination on the basis of sex in its educational programs, activities, and employment practices. Prohibited conduct includes all forms of sex and gender-based discrimination, harassment, violence, assault, dating violence, domestic violence, interpersonal violence, stalking, and sexual exploitation. This policy prohibits sex discrimination or harassment against all  employees and all students who participate in NAME LLC’s educational programs or activities by any persons involved in NAME LLC’s operations and educational activities, regardless of their position, including: employees, volunteers, students, trustees, advisory board members, committee members, contractors, vendors, or other NAME LLC-affiliated individuals.

Title VI, Section 504, and Age Discrimination Act Compliance

NAME LLC also prohibits discrimination or harassment against students who participate in NAME LLC’s educational activities or programs by any persons involved in NAME LLC’s operations and educational activities, regardless of their position, on the basis of age (40 and over), race, color, national origin, or disability, as required by law.

NAME LLC also prohibits retaliation against someone for reporting prohibited conduct.

This policy requires NAME LLC to: 1) investigate reports of prohibited conduct under this policy, 2) establish formal and informal grievance procedures to ensure a fair process, and 3) appoint Coordinators. Inquiries or complaints related to this policy should be directed to NAME LLC’s Department of Human Resources at contact@nativeamericanmultienterprise.com or 1-800-.

Anyone who violates this policy will be subject to appropriate disciplinary action, up to and including suspension, expulsion, and/or termination of employment.

Role and Responsibilities of the NAME LLC Coordinators

NAME LLC has designated a Title VI, Title IX, Section 504, and ADA Coordinator (“Coordinator”). Additionally, NAME LLC has designated a Deputy Coordinator for each  component and central services department and for its students. The Coordinator is responsible for: 1) ensuring NAME LLC complies with and carries out its responsibilities under Title VI, Title IX, Section 504 of the Rehabilitation Act, and the Age Discrimination Act, and its implementing regulations; 2) educating the community about how to file a complaint and the investigation process; and 3) overseeing the implementation of this policy, grievance procedures, and the investigation process.

All questions or complaints may be referred to the Coordinators at the Department of Human Resources. General contact information for the office is below. Information about specific personnel for each component within the office can be found in NAME LLC’s grievance procedure within this policy, entitled “Reporting Procedure for Sex Discrimination & Harassment.”

Coordinators can be reached at the Native American Multi Enterprises NAME LLC, 49 River Street, Salamanca, NY 14779, contact@nativeamericanmultienterprise.com

The NAME LLC Coordinator is:

·        Knowledgeable about and trained in NAME LLC’s policies and procedures against harassment and discrimination;

·        Involved in drafting and revising NAME LLC’s policies and procedures to ensure compliance with federal and state law;

·        Available to advise any individual, including a complainant, a respondent, or a third party, about the courses of action available at the Indigenous Attractions, both informally and formally;

·         Available to advise any NAME LLC community member about how to appropriately respond to reported misconduct;

·        Responsible for monitoring outcomes, identifying and addressing patterns, assessing effects on Indigenous Attractions climate, and overseeing compliance with all procedural requirements outlined in the policy; and

·        Authorized to determine outcomes of complaints so long as no conflict of interest exist.

Scope of Policy

This policy supplements NAME LLC’s other anti-discrimination and harassment policies for persons covered by the terms of this policy.

Prohibited Conduct Defined – Harassment and Discrimination

Sex Harassment and Discrimination

All NAME LLC employees, volunteers, students, trustees, advisory board members, committee members, contractors, vendors, or other NAME LLC-affiliated individuals are prohibited from discriminating against or harassing NAME LLC employees and students who participate in NAME LLC’s educational programs or activities under this policy based on that individual’s sex or gender (including pregnancy), sexual orientation, gender identity or expression, and regardless of the harasser’s sex or gender. Sexual harassment means any harassment based on someone’s sex or gender. It includes harassment that is not sexual in nature (for example, offensive remarks about an individual’s sex or gender), as well as unwelcome sexual advances, requests for sexual favors or visuals, or any other conduct that is of a sexual nature. Sexual harassment includes various forms of offensive behavior based on sex. Examples of prohibited conduct can be found in NAME LLC’s policy on “Sexual & Other Unlawful Harassment.”

Other Harassment or Discrimination

Under this policy, NAME LLC also prohibits discrimination or harassment by employees, volunteers, students, advisory board members, committee members, contractors, vendors, or other NAME LLC-affiliated individuals against students who participate in NAME LLC’s educational activities or programs on the basis of that student’s age (40 and over), race, color, national origin, or disability, as required by law.

Complaint Procedure

Any NAME LLC employee or student who believes they have been subjected to prohibited discrimination, harassment or retaliation under this policy, or who are aware of perceived discrimination, harassment or retaliation against other NAME LLC employees or students covered by this policy that violates this policy, should immediately report any such conduct to the Coordinator under the “Reporting Procedure for Discrimination and Harassment” outlined in this policy.

Reporting Procedure for Discrimination & Harassment

NAME LLC encourages any NAME LLC employee or student covered by this policy who believes they have been subjected to prohibited discrimination, harassment, or retaliation under this policy, or who are aware of any such conduct against others, to immediately provide a written or verbal report to the Department of Human Resources Coordinators. Each NAME LLC component has a primary Coordinator along with deputy coordinators, whose information is contained in this policy.

General Reporting Principles

All complaints are investigated promptly, thoroughly, and objectively. Confidentiality will be maintained to the extent practical and permitted by law. Investigations will be conducted as confidentially as possible and related information will only be shared with others on a need-to-know basis. Those involved in such investigations are required to be truthful, accurate, and cooperative throughout the investigation process. Those who report misconduct are known as complainants. Those against whom a complaint is lodged are known as respondents.

Complaints should be as detailed as possible and include a description of the complained of conduct, the names of all individuals involved as well as any witnesses, and the dates on which the complained of conduct occurred. If discrimination, harassment, or retaliation is substantiated, appropriate disciplinary action, up to and including suspension, expulsion, and/or termination of employment, will be taken. NAME LLC may also report conduct to law enforcement, as appropriate.

Initial Assessment

The Coordinator will conduct an initial assessment of any reported conduct. As part of the assessment, the Coordinator will, among other things: consider the expressed resolution preferences by the reporting party; assess the circumstances surrounding the alleged misconduct; address any immediate physical and emotional safety concerns; notify the reporting party of their right to contact law enforcement if warranted by the circumstances; provide the reporting party with information about the procedural options available under this policy; assess for pattern evidence by the respondent; and explain NAME LLC’s policy prohibiting retaliation.

Following the initial assessment, the Coordinator will determine whether this policy is implicated and whether an informal or formal resolution is appropriate and articulate those conclusions to the complainant. NAME LLC strives to assess, investigate, and resolve all reports of potential misconduct under this policy within sixty (60) days.

Resolution and Investigation Procedures

Informal Resolution

NAME LLC’s informal resolution process aims to appropriately investigate and, if necessary, address alleged misconduct without requiring a formal resolution process described below. Under an informal resolution process, a complainant reports alleged misconduct under this policy to the Coordinator. The Coordinator will give notice to the respondent of the alleged misconduct and may gather necessary facts by interviewing the complainant and respondent. At their discretion, the Coordinator may gather additional information by meeting with relevant witnesses (identified by either the Coordinator or the complainant and respondent) and collecting any evidence, including correspondence between the parties. Each party may be heard throughout the informal resolution process. NAME LLC strives to complete any informal resolution process within thirty (30) days; however, the timeline may be longer due to the complexity of the allegations. Following an investigation, the Coordinator may or may not then impose sanctions or other disciplinary action as appropriate. Neither party may appeal an informal resolution once final.

Formal Resolution

If the Coordinator deems a formal resolution to be appropriate, NAME LLC will begin the formal resolution process described in this sub-section. NAME LLC strives to complete any formal resolution process within sixty (60) days excluding any appeals; however, the timeline may be longer due to the complexity of the allegations. During an investigation, both complainants and respondents may have an appropriate advisor who may observe any hearings or interviews as well as provide support, guidance, and advice during an investigation.

The Coordinator will begin or continue an investigation by providing written notice to each party that an investigation has begun and will also appoint an investigator. The appointed investigator may be a NAME LLC Coordinator that will not formally adjudicate the complaint or external appointed investigator appointed at NAME LLC’s sole discretion. The appointed investigator will gather necessary facts by interviewing the complainant and respondent. At their discretion, the investigator may conduct other fact-finding by meeting with relevant witnesses and gathering any evidence, including correspondence between the parties. Each party is entitled to be heard throughout the investigation process.

Following the investigation, the investigator will submit a written report summarizing the facts and outlining areas of agreement and disagreement between the parties. The report may redact irrelevant or prejudicial information as necessary. The Coordinator will then share the report with each party, allowing them time to review. A party has five (5) days to review the report and submit responses for consideration into the final report.

Once a report is finalized, the investigator will determine whether the respondent is responsible for the alleged misconduct. The investigator will use a “preponderance of the evidence” standard and inquire whether the evidence is sufficient to support a finding of misconduct. Upon this determination, the investigator will recommend adjudicatory action and sanctions to the Coordinator, including, but not limited to: a warning letter, suspension, expulsion, termination, or a no contact order. The Coordinator will then formally adjudicate through a written letter to each party notifying them of the outcome.

Either party has the right to appeal the adjudicatory action letter submitted by the Coordinator. A party must appeal the letter in writing within ten (10) days and must state one of three limited grounds: 1) a procedural error which materially affected the outcome of the investigation; 2) the existence of new information unavailable to the investigators during the investigation which could have materially affected the outcome; or 3) the recommendation of the investigators and/or adjudicatory action taken by the Coordinator was clearly erroneous based on the evidence gathered during the investigation.

Appeals must be heard by an Appeal Officer. The Appeal Officer may be any Coordinator or Deputy Coordinator not involved in the original proceeding. The Appeal Officer will review the findings of fact, investigation record, investigator recommendations, and adjudication letter to determine whether the appealed decision should be affirmed or reversed. The Appeal Officer must submit a written determination within fifteen (15) days of an appeal.