The Krishnamurti Foundation is an equal opportunity employer. The Foundation is committed to providing a work environment free of harassment, discrimination, retaliation, and disrespectful or other unprofessional conduct based on race, religion (including religious dress and grooming practices), color, sex/gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sex stereotype, gender identity/gender expression/transgender (including whether you are transitioning or have transitioned) and sexual orientation, national origin (including language use restrictions and possession of a driver’s license issued to persons unable to prove their presence in the United States is authorized under federal law (Vehicle Code section 12801.9)), ancestry, physical or mental disability, medical condition, genetic information/characteristics, marital status/registered domestic partner status, age (40 and over), sexual orientation, military or veteran status, and any other basis protected by federal, state or local law or ordinance or regulation.
TITLE IX COMPLAINT PROCEDURE
Any student, employee or third party who believes he/she/they has been the subject of harassment, discrimination, retaliation or other prohibited conduct, by a student, employee, or third party in violation of the Title IX Nondiscrimination Policy.
All responsible employees are required to report all actual or suspected sexual misconduct to the Title IX Coordinator immediately. A responsible employee is any employee who has the authority to take action to redress sexual misconduct, who has been given the duty of reporting incidents of sexual misconduct to the Title IX Coordinator, or whom a student or employee could reasonable believe has this authority or duty. The Krishnamurti Foundation are on notice if a responsible employee knew, or in the exercise of reasonable care should have known, about the sexual misconduct. The Krishnamurti Foundation treats all faculty and staff as responsible employees.
Any student, employee, or third party who believes he/she/they has been discriminated against or harassed in violation of these policy and procedures may make a complaint orally or in writing to The Krishnamurti Foundation’s Title IX Coordinator.
Title IX Coordinator Contact Information:
1070 Mc Andrew Rd.
Ojai, CA 93023
The Title IX Coordinator will receive all relevant details about the alleged violation in order to determine what occurred and how to resolve the situation. This includes the names of alleged victim and alleged perpetrator (if known), and the date, time, and location of the alleged violation.
A Krishnamurti Foundation employee should, whenever possible, before a student or employee reveals information that he/she/they may wish to keep confidential, ensure that the person making the report understands the employee’s obligations to report to the Title IX Coordinator, the victim’s option to request confidentiality, which The Krishnamurti Foundation will take into consideration, and the victim’s ability to share the information confidentially with designated Krishnamurti Foundation employees.
The Krishnamurti Foundation will maintain confidentiality to the extent possible. The employer’s duty to investigate and take corrective action may require the disclosure of information to individuals with a need to know.
Since failure to report harassment and discrimination impedes the Krishnamurti Foundation’s ability to stop the behavior, the Krishnamurti Foundation strongly encourage anyone who believes they are being harassed or discriminated against to file a complaint. The Krishnamurti Foundation also strongly encourage the filing of such complaints within 30 days of the alleged incident. While all complaints are taken seriously and will be investigated promptly, delay in filing impedes the Krishnamurti Foundation’s ability to investigate and remediate.
Complaints will be responded to in a timely manner, kept confidential to the extent possible, investigated impartially by qualified personnel in a timely manner, documented and tracked for reasonable progress, given appropriate options for remedial action and resolution, and closed in a timely manner.
The Krishnamurti Foundation will investigate complaints involving acts that occur off campus if they are related to an academic or work activity or if the harassing conduct interferes with or limits a student’s or employee’s ability to participate in or benefit from the Krishnamurti Foundation’s programs or activities.
The Krishnamurti Foundation have authority over students, employees, and third parties for alleged violations of this policy that occur on Krishnamurti Foundation property. The Krishnamurti Foundation have authority over employees and students for alleged violations of this policy that occur at Foundation activities or events. The Krishnamurti Foundation may exercise authority over events that occur off-campus to determine if the conduct occurred in the context of an education program or activity or had continuing effects on campus or in an off-campus education program or activity.
Upon receiving notification of a harassment or discrimination complaint, the Title IX Coordinator shall:
- Make an immediate assessment concerning the health and safety of the victim and campus community as a whole. The Krishnamurti Foundation will provide the reporting party and responding party with immediate, interim measures necessary to protect his/her/their health and safety. These immediate, interim measures may include: providing an escort to ensure that the victim can move safely between activities; ensuring that the victim and perpetrator do not attend the same activities or work in the same area; preventing offending third parties from entering Foundation premises.
- Undertake efforts to resolve the complaint informally, including but not limited to mediation; rearrangement of work/academic schedules; obtaining apologies; providing informal counseling, training, etc.
- Advise all parties that he/she/they need not participate in an informal resolution of the complaint, as described above, and they have the right to end the informal resolution process at any time.
- Advise a complainant that he/she/they may file a complaint with the Office for Civil Rights of the U.S. Department of Education. Advise all complainants they have a right to file a complaint with local law enforcement, if the act complained of is also a criminal act. The Krishnamurti Foundation must investigate even if the complainant files a complaint with local law enforcement. In addition, the Krishnamurti Foundation should ensure that complainants are aware of any available resources, such as counseling, health, and mental health services.
- Take interim steps to protect a complainant from coming into contact with an accused individual, especially if the complainant is a victim of sexual violence. The Title IX Coordinator should notify the complainant of his/her/their options to avoid contact with the accused individual and allow students to change academic situations as appropriate. For instance, the Krishnamurti Foundation may prohibit the accused individual from having any contact with the complainant pending the results of the investigation. When taking steps to separate the complainant and accused individual, the Krishnamurti Foundation shall minimize the burden on the complainant.
Where the complaint involves a minor, the Foundation will comply with California mandated reporting requirements.
The Title IX Coordinator shall:
- Authorize the investigation of the complaint, and supervise or conduct a thorough, prompt, and impartial investigation of the complaint, as set forth below. Where the parties opt for informal resolution, the Title IX Coordinator will determine whether further investigation is necessary to ensure resolution of the matter and utilize the investigation process outlined below as appropriate. An investigation will include interviews with the complainant, the accused, and any other persons who may have relevant knowledge concerning the complaint. This may include victims of similar conduct.
- Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment, or other unlawful discriminatory conduct, giving consideration to all factual information and the totality of the circumstances, including the nature of the verbal, physical, visual or sexual conduct, and the context in which the alleged incidents occurred.
The Krishnamurti Foundation shall promptly investigate every complaint and claim of harassment or discrimination. No claim of workplace or academic harassment or discrimination shall remain unexamined. This includes complaints involving activities that occur off campus and in connection with all the academic, educational, extracurricular, athletic, and other programs of the Krishnamurti Foundation, whether those programs take place in the Krishnamurti Foundation’s facilities, in a Krishnamurti Foundation vehicle, or at a class or training program sponsored by the Krishnamurti Foundation at another location. The Krishnamurti Foundation shall promptly investigate complaints of harassment or discrimination that occur off campus if the alleged conduct creates a hostile environment on campus.
As set forth above, where the parties opt for an informal resolution, the Title IX Coordinator may limit the scope of the investigation, as appropriate. The Krishnamurti Foundation will keep the investigation confidential to the extent possible, but cannot guarantee absolute confidentiality because release of some information on a “need-to-know-basis” is essential to a thorough investigation. When determining whether to maintain confidentiality, the Krishnamurti Foundation may weigh the request for confidentiality against the following factors: the seriousness of the alleged harassment; the complainant’s age; whether there have been other harassment complaints about the same individual; and the accused individual’s rights to receive information about the allegations if the information is maintained by the Foundation as an “pupil record” under California Education Code section 49061. The Krishnamurti Foundation will inform the complainant if it cannot maintain confidentiality.
The Krishnamurti Foundation will investigate harassment and discrimination complaints fairly and objectively. Employees designated to serve as investigators under this policy shall have adequate training on what constitutes sexual harassment, including sexual violence, and that they understand how the Krishnamurti Foundation’s grievance procedures operate. The investigator may not have any real or perceived conflicts of interest and must be able to investigate the allegations impartially.
Once it decides to open an investigation that may lead to disciplinary action against the accused individual, the Krishnamurti Foundation will provide written notice to the accused individual of the allegations constituting a potential violation of the Krishnamurti Foundation’s Title IX Nondiscrimination Policy.
Investigators will use the following steps: interviewing the complainant(s); interviewing the accused individual(s); identifying and interviewing witnesses and evidence identified by each party; identifying and interviewing any other witnesses, if needed; reminding all individuals interviewed of the Krishnamurti Foundation’s no-retaliation policy; considering whether any involved person should be removed from the campus pending completion of the investigation; reviewing personnel/academic files of all involved parties; reach a conclusion as to the allegations and any appropriate disciplinary and remedial action; and see that all recommended action is carried out in a timely fashion.
Where the victim has filed a criminal complaint with local law enforcement, the Krishnamurti Foundation will consider what information the Krishnamurti Foundation is able to share, pursuant to state and federal law, to ensure that victims are not unnecessarily required to give multiple statements about a traumatic event. The Krishnamurti Foundation will continue to conduct its own thorough, reliable, prompt, and impartial investigation.
The victim and accused will have equal opportunity to present relevant witnesses and other evidence to the Krishnamurti Foundation investigator.
The results of the investigation of a complaint shall be set forth in a written report that will include at least all of the following information:
- A description of the circumstances giving rise to the complaint;
- A summary of the testimony provided by each witness interviewed by the investigator;
- A credibility determination of the victim, accused, and witnesses;
- An analysis of relevant evidence collected during the course of the investigation;
- A specific finding as to whether there is probable cause to believe that harassment, discrimination, or retaliation occurred with respect to each allegation in the complaint; and
- Any other information deemed appropriate by the Foundation.
The Krishnamurti Foundation will use a “preponderance of the evidence” standard of proof in determining whether there has been a violation of the Krishnamurti Foundation’s Title IX Nondiscrimination Policy. This standard of proof is also known as “more likely than not” standard.
The Krishnamurti Foundation will undertake its investigation promptly and swiftly as possible.
The Krishnamurti Foundation will provide written notice of the outcome of the investigation to the parties concurrently. The Krishnamurti Foundation will inform the complainant whether it found that the alleged conduct occurred, any individual remedies offered to the complainant or any sanctions imposed on the accused individual that directly relate to the reporting party, and other steps the Foundation has taken to eliminate the hostile environment, if the Krishnamurti Foundation found one to exist. This notice will be provided to the parents of students under the age of 18 and directly to students who are 18 years of age or older.
The Krishnamurti Foundation expects all employees to cooperate with a Krishnamurti Foundation investigation into allegations of harassment or discrimination. Lack of cooperation impedes the ability of the Krishnamurti Foundation to investigate thoroughly and respond effectively. However, lack of cooperation by a complainant or witnesses does not relieve the Foundation of its obligation to investigate. The Krishnamurti Foundation will conduct an investigation if it discovers that harassment is, or may be occurring, with or without the cooperation of the alleged victim(s) and regardless of whether a complaint is filed. No employee will be retaliated against as a result of lodging a complaint or participating in any workplace investigation.
Investigations are best conducted within a confidential climate. Therefore, the Krishnamurti Foundation does not reveal information about ongoing investigations except as necessary to fulfill its legal obligations. The Krishnamurti Foundation will keep the investigation confidential to the extent possible, but it cannot guarantee absolute confidentiality because release of some information on a “need-to-know-basis” is essential to a thorough investigation and to protect the rights of accused students and employees during the investigation process and any ensuing discipline.
Discipline and Corrective Action
If harassment, discrimination, or retaliation occurred in violation of the Title IX Nondiscrimination Policy, the Krishnamurti Foundation shall take disciplinary action against the accused and any other remedial action it determines to be appropriate. The action will be prompt, effective, and commensurate with the severity of the offense. Remedies for the complainant might include, but are not limited to:
- Providing an escort to ensure that the complainant can move safely between classes and activities;
- Ensuring that the complainant and alleged perpetrator do not attend the same classes or work in the same work area;
- Preventing offending third parties from entering campus;
- Providing a referral to counseling services;
- Providing a referral to medical services;
- Providing academic support services, such as tutoring;
- Reviewing any disciplinary actions taken against the complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the complainant being disciplined.
Disciplinary actions against faculty, staff, and students will conform to all relevant statutes, regulations, personnel policies, and procedures.
The Krishnamurti Foundation shall also take reasonable steps to protect the complainant from further harassment or discrimination, and to protect the complainant and witnesses from retaliation as a result of communicating the complaint or assisting in the investigation.
The Krishnamurti Foundation will ensure that complainants and witnesses know how to report any subsequent problems, and should follow-up with complainants to determine whether any retaliation or new incidents of harassment have occurred. The Krishnamurti Foundation shall take reasonable steps to ensure the confidentiality of the investigation and to protect the privacy of all parties to the extent possible without impeding the Krishnamurti Foundation’s ability to investigate and respond effectively to the complaint.
If the Krishnamurti Foundation cannot take disciplinary action against the accused individual because the complainant refuses to participate in the investigation, it should pursue other steps to limit the effects of the alleged harassment and prevent its recurrence.
If the Krishnamurti Foundation imposes discipline against a student or employee as a result of the findings in its investigation, the student or employee may appeal the decision using the procedure for appealing a disciplinary decision.