151 Lawrence Street
Brooklyn, NY 11201
Tel: 718 - 522-9073
225 E Dania Beach Blvd, Suite 120
Dania Beach, FL 33004
530 West 49th Street
Hialeah, FL 33012
1293 Broadway/One Herald Center
New York, NY 10001
Summary of the preliminary investigation:
The Title IX Coordinator will conduct a preliminary investigation to assess whether this Policy or the Student Code of Conduct
may have been violated. If the Title IX Coordinator determines that there was a finding of Sexual Misconduct, the Title IX
Coordinator will notify the Respondent in writing that a complaint has been filed and provide the factual allegations concerning
the alleged violation, and possible sanctions.
The Title IX Coordinator will schedule a meeting with the Respondent, within a reasonable amount of time, and ensure the
Respondent is provided with a written explanation of all available resources and options, and is offered the opportunity to
discuss those resources and options.
Wherever possible, simultaneous notification will be given to both parties (Complainant and Respondent) either by personal
delivery; overnight mail with signature requirement; certified mail with return receipt to the address in ASA College’s records;
and/or by email to the Complainant’s and Respondent’s ASA College’s email accounts. The notice shall contain: (1) the date,
approximate time, and location of the alleged violation; (2) a description of the factual allegations; and (3) a summary of poten-
tial sanctions associated with the alleged violation.
The notice shall inform the Complainant and the Respondent of the right to bring an advisor to meetings and ensure there is a
clear understanding that the role of the advisor is to support and advise, not to speak on the behalf of the Complainant or
Respondent or to take any action that may interfere with the integrity and process of the investigation.
The Investigator will interview the parties about the complaint, as well as any witnesses who have been identified. The Investi-
gator will ask the parties for any documentary, electronic, or other evidence related to the complaint that they want to offer.
Prior sexual history with persons other than the charged party in a disciplinary proceeding is not considered evidence and will
be excluded. Also, the mental health diagnosis and/or treatment of the parties will be excluded from the decision stage of the
disciplinary process that determines responsibility. However, past findings (especially repeated offenders) of Domestic
Violence, Dating Violence, Stalking or Sexual Assault may be admissible when determining sanctions. All individuals who are
interviewed shall be advised to maintain privacy of the investigation process and not to disclose any information related to the
complaint unless necessary during the complaint process. Maintaining privacy is important to preserve the integrity of the
investigation and deter retaliation.
It is generally the Complainant’s decision whether to file a complaint or to continue with any form of resolution. If the Com-
plainant elects to initiate a formal complaint against another person or group of persons, a Sexual Misconduct Report Form is
filed with the Title IX Coordinator, and an investigation is conducted.
Please provide the information requested and deliver the completed form to:
What happens with the information I provide?
Page 3 of 4
Once a complaint or notice of allegation of Sexual Misconduct is received, the Title IX Coordinator will make an initial assess-
ment of the reported information and respond to any immediate health concerns raised by the report, including interim reme-
The Title IX Coordinator will provide the Complainant with a general understanding of this Policy and the process for respond-
ing to complaints of Sexual Misconduct. The Complainant will be provided with available resources and referrals for medical
treatment at local hospitals and trauma centers. The Complainant will also be advised of the right to an advisor of his or her
choice to accompany them to all meetings during the investigation.
Listed below is a summary of the disclosures the Title IX Coordinator is required to discuss with the Complainant and
□ The right to be notified of the timeframe for the major stages of the investigation;
□ The right to present witnesses and evidence;
□ The Title IX Coordinator will inform the Respondent that an investigation is being commenced and the allegations
of the Complainant. If there is a written complaint, the Respondent will be provided with a copy of the complaint, unless
circumstances warrant otherwise;
□ If the alleged Respondent is allowed to have a lawyer; the Complainant has the right to have one too;
□ Both parties are offered the opportunity to submit questions (in writing) of the other party and/or witnesses to the
Adjudicator. However, the Adjudicator reserves the right to decline to ask the questions submitted;
□ Both parties will be informed that the College prohibits retaliation in any form against any person who reported the allega-
tion of Sexual Misconduct or participates in the investigative proceedings. Reports of retaliation will be investigated and
individual(s) involved will be subject to disciplinary action;
□ The College uses the Preponderance-of-the Evidence Standard of Proof to adjudicate the complaint. The College cannot
use a Higher Standard of Proof;
□ The right to be given periodic status updates; to be notified in writing of the outcome of the complaint and any appeal,
including any sanctions directed to each party;
□ Inform both parties of their right to appeal the outcome of the complaint;
□ Each party has the right to have the proceedings documented, which may include written findings of fact, transcript, or
□ The Complainant has the right not to “work it out” with the Respondent in mediation. Mediation is not appropriate in cases
involving Sexual Assault.