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Privacy Statement and Other Regulations

Family Educational Rights and Privacy Act
Federal Trade Commission (FTC) Information Safeguard Standard
Grievance Procedure
Title IX Grievance Procedures
Notice of Non-Discrimination
Sexual Offense Policy Statement and Sexual Violence Bill of Rights
Web Site Notice

 

Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights include:

(1) The right to inspect and review the student’s education records within 45 days of the day the school receives a request for access.

A student should submit to the education director, registrar, program director, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The Orleans Technical College official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

(2) The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

A student who wishes to ask the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If Orleans Technical College decides not to amend the record as requested, the school will notify the student in writing of the decision and the student’s right to a hearing re­garding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

(3) The right to provide written consent before the school discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

The school discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the school in an administrative, supervisory, academic or research, or support staff position; a person or company with whom the school has contracted as its agent to provide a service instead of using school employees or officials (such as an attorney, auditor, or collection agent); or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for Orleans Technical College.

Upon request, the school also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.

(4) The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901

(5) The right to limit distribution of Directory Information

Generally the school will not release any information to outside resources or individuals without receiving permission, unless required to provide information under state or federal laws or to auditors, accrediting bodies, researchers, etc. However, certain information is permitted to be routinely released, unless specifically requested not to. At this school, this general directory information is considered to be a student’s name, address, telephone number, date and place of birth, program of study, participation in recognized activities, dates of attendance, diploma or degree obtained, awards, and the last institution attended. The student is entitled to request that these directory items not be made publicly available. Such a request much be made in writing to the Campus President. Requests filed will block the release of any directory information made after the date the request is received.

FERPA regulations allow for an institution to disclose, without consent, personally identifiable information from education records to appropriate parties (typically, but not limited to law enforcement officials, public health officials, trained medical personnel, and parents) in connection with an emergency if the information is necessary to protect the health or safety of the student or other individuals, as determined by the educational institution when considering the totality of the circumstances. 34CFR 99.31
(a)(10) and 99.36

Federal Trade Commission (FTC) Information Safeguard Standard

In accordance with FTC regulations and the Gramm-Leach-Bliley Act, Orleans Technical College has in place a safeguarding program to protect non-public student information, including the release of personally identifiable student information. The school’s written Information Safeguard Plan applies to both paper and electronic records and provides for the security and confidentiality of student information. The plan is available upon request from the Campus President’s office.

Grievance Procedure

In the event that you have a concern or a grievance, the following process should be followed:

Informal Process

Discuss the concern or grievance with your instructor or Student Services staff for immediate resolution.

If further discussion is needed, you may schedule a conference with the Academic Affairs Director.

If you are not satisfied with the result of your meeting with one of the program directors, you may schedule a meeting with the Campus President.

Formal Process

All formal grievances need to include the full name, current address and phone number, and program of study of the person filing the grievance. You will receive a written response from the Campus President within 30 days following the receipt of your letter. Address your formal grievance to:

Rodney Brutton, Campus President
Orleans Technical College
2770 Red Lion Road
Philadelphia, PA 19114

Schools accredited by the Accrediting Commission of Career Schools and Colleges have a procedure and operation plan for handling student complaints. If you do not feel that the school has adequately addressed a complaint or concern, you may consider contacting the Accrediting Commission. All complaints considered by the Commission must be in written form with permission from the complainant(s) for the Commission to forward a copy of the complaint to the school for a response. This can be accomplished by filing the ACCSC Complaint Form. The complainant(s) will be kept informed as to the status of the complaint as well as the final resolution by the Commission. Please direct all inquiries to:

Accrediting Commission of Career Schools and Colleges
2101 Wilson Boulevard, Suite 302
Arlington, VA 22201
703-247-4212
www.accsc.org

A copy of the Commission’s complaint form is available is available at Orleans Technical College and may be obtained by contacting Bill Lynch, Campus President or online at www.accsc.org.

In addition to submitting your complaint to the Accrediting Commission, you may choose to contact one or more of the following oversight agencies:

State Board of Private Licensed Schools
PA Department of Education
333 Market Street
Harrisburg, PA 17126-0333

Office for Civil Rights, Philadelphia
U.S. Department of Education
Wanamaker Building, Suite 515
100 Penn Square East
Philadelphia, PA 19107

U.S. Department of Education
FSA Ombudsman Group (Student Loan Issues)
830 First Street, N.E., Mail Stop 5144
Washington, DC 20202-5144

Title IX Grievance Procedures

Title IX of the Education Amendments of 1972 prohibits discrimination – by employees, students, and third parties – on the basis of sex, including sexual harassment and sexual violence. Orleans Technical College is able to respond formally to alleged incidents of discrimination on the basis of sex, including sexual harassment and sexual violence that:

  • occurred on campus; or
  • were part of official College programming (regardless of location).

If you believe that you have been subjected to discrimination on the basis of sex, including sexual harassment and sexual violence, you are encouraged to report these incidents. Upon receiving your complaint, Orleans Technical College will respond promptly, equitably, and thoroughly. In addition, the College will take steps to prevent the recurrence of any harassment and to correct any discriminatory effects on you or others, if appropriate.

You have the right and may also choose to file a report with the Philadelphia Police Department (PPD). You can file reports with Orleans Technical College, with PPD, or with both.

How and Where to File a Complaint:

Any student or employee, or any individual or group acting in behalf of a student or employee (male or female) may file any grievance of sex discrimination or sexual harassment with the Title IX coordinator (the Coordinator). To file a complaint, you must contact the Coordinator, who will provide you with a Title IX complaint form. Your complaint must be put in writing, using the Title IX complaint form.

Name, Title Address Phone
Rodney Brutton, Campus President

 

 Orleans Technical College

2770 Red Lion Road

Philadelphia, PA 19114

Office: A-109

 215-728-4488

Processing Complaints / Designee and Reasonably Prompt Timeframes:

The Coordinator or designee will conduct separate meetings with you and the individual(s) accused. The Coordinator or designee will strive to ensure an adequate, reliable, and impartial investigation for all involved parties.

  • Complainants will be treated equitably by providing remedies any time a respondent is found responsible, and respondents will be treated equitably by not imposing disciplinary sanctions without following the grievance process.
  • Remedies, which are required to be provided to a complainant when a respondent is found responsible, will be designed to maintain the complainant’s equal access to education and may include the same supportive measures; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.
  • Objective evaluations of all relevant evidence, inculpatory and exculpatory, and avoiding credibility determinations based on a person’s status as a complainant, respondent, or witness will be applied.
  • Individuals involved in the process will be free from conflicts of interest or bias for or against complainants or respondents.
  • Respondents are presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
  • Possible remedies the school may provide a complainant include, but are not limited to:

o Mutual no contact orders

o Referrals for counseling

o Change of class schedule

o Classroom accommodations

o Transfer to an alternate cohort if possible

  • Disciplinary sanctions the school might impose on a respondent, following determinations of responsibility, may range from a written warning to a ban from campus.
  • The school applies the preponderance of the evidence standard for all formal complaints of sexual harassment (including where employees and faculty are respondents).
  • Retaliation is expressly prohibited.
  • Complaints alleging retaliation may be filed according to a school’s grievance procedures.
  • The exercise of rights protected under the First Amendment does not constitute retaliation.

Informal Process:

  • The school may offer and facilitate informal resolution options, such as mediation or restorative justice, so long as both parties give voluntary, informed, written consent to attempt informal resolution. Any person who facilitates an informal resolution will be well trained.
  • The school does not require the parties to participate in an informal resolution process and does not offer an informal resolution process unless a formal complaint is filed.
  • At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.
  • The schools will not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

Formal Process: 

Upon receipt of the formal complaint: The school will send written notice to both parties (complainants and respondents) of the allegations upon receipt of a formal complaint.

 

Within 15 business days of receiving your written complaint: Designated investigators will investigate the formal complaint. The school will provide equal opportunity for the parties to present fact and expert witnesses and other inculpatory and exculpatory evidence.

 

Each party has the unrestricted opportunity to select an advisor of the party’s choice.

 

On the 15th business day, the parties and their advisors will receive the evidence directly related to the allegations and an investigative report that fairly summarizes relevant evidence via electronic format. If the school dismisses the allegations (mandatory or discretionary), parties will receive written notice of and the reasons for the dismissal.

 

The following 10 business days after receiving the evidence and investigative report: The parties may inspect, review, and respond to the evidence and the investigative report and have 10 business days to respond in writing to the report.

 

The following 10 business days after sending the investigative report and evidence to the parties: The investigators must consider any responses prior to finalizing the investigative report. The investigative report will be finalized and electronically distributed to the parties within the following 10 business days.

 

After 10 business days of distributing the final investigative report: A hearing will be scheduled.

 

The decision-maker(s) will permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.

At the request of either party, the entire live hearing (including cross-examination) may occur with the parties located in separate rooms with technology enabling the parties to see and hear each other.

Only relevant cross-examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination or other question, the decision-maker will first determine whether the question is relevant and explain to the party’s advisor asking cross-examination questions any decision to exclude a question as not relevant.

If a party does not have an advisor present at the live hearing, the school will provide, without fee or charge to that party, an advisor of the school’s choice.

If a party or witness does not submit to cross-examination at the live hearing, the decision-maker(s) must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the decision-maker(s) will not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

Live hearings may be conducted with all parties physically present in the same geographic location or, at the school’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually.

The schools will create an audio or audiovisual recording, or transcript, of any live hearing.

The rule provides rape shield protections for complainants deeming irrelevant questions and evidence about a complainant’s prior sexual behavior unless offered to prove that someone other than the respondent committed the alleged misconduct or offered to prove consent.

 

Within the following 10 business days of the hearing: The decision-maker will issue a written determination regarding responsibility with findings of fact, conclusions about whether the alleged conduct occurred, rationale for the result as to each allegation, any disciplinary sanctions imposed on the respondent, and whether remedies will be provided to the complainant.

The written determination will be sent simultaneously to the parties along with information about how to file an appeal.

Filing an Appeal:

Both parties may request an appeal of the proposed corrective action and/or disciplinary action. This appeal must be delivered in writing to Orleans Technical College’s Campus President within 5 business days of receiving the written report.

Name, Title Address Phone
Rodney Brutton, Campus President

 

 Orleans Technical College

2770 Red Lion Road

Philadelphia, PA 19114

Office: A-109

 215-728-4488

The three grounds upon which an appeal of the decision or sanctions may be made are:

  1. procedural irregularity that affected the outcome of the matter;
  2. newly discovered evidence that could affect the outcome of the matter, and/or;
  3. Title IX personnel had a conflict of interest or bias, that affected the outcome of the matter.

Disagreement with the finding or sanctions is not, by itself, grounds for appeals.

Appeals will be evaluated by a decision-maker who was not involved in the initial decision. The decision-maker will consider the information submitted in the appeal, review the recording of the first hearing and any new evidence that could affect the outcome of the matter. Within ten (10) business days after receipt of the appeal by the decision-maker, the decision-maker will notify both parties via electronic mail of the decision, which may include denying the appeal, granting the appeal and reversing the initial decision, or granting the appeal and holding a new hearing. The determination made as a result of an appeal is final.

If, due to extenuating circumstances, Orleans Technical College needs to lengthen any of the timeframes noted above, you and the individual(s) accused will be notified in writing of the reason why and of the adjusted timeframe. You will receive this written notification within the timeframes as noted above.

> Download Orleans Technical College’s Title IX Coordinator Training

> Download Orleans Technical College’s Investigations Training

> Download Orleans Technical College’s Decision Maker Training

Notice of Non-Discrimination

Orleans Technical College is an equal opportunity education institution. Students are admitted, trained, and referred for employment opportunities without regard to race, color, creed, national origin, gender, disability or age. Orleans Technical College encourages men and women to participate in skills programs considered to be non-traditional. Orleans Technical College is in compliance with Title VI of the Civil Rights Act of 1972 and Section 504 of the Rehabilitation Act of 1973.

Any issues or questions regarding this policy should be directed to the Title IX coordinator:

Rodney Brutton, Campus President
2770 Red Lion Road
Philadelphia, PA 19114
Office: A-109
215-728-4488

Sexual Offense Policy Statement and Sexual Violence Student Bill of Rights

Orleans Technical College’s Sexual Offence Policy outlines the institution’s programs to promote awareness of and prevent sex offences, and to detail the procedure that is followed when a sex offence occurs.

Orleans Technical College thoroughly addresses sexual offence and sexual harassment awareness during its new student orientation. In addition, the school schedules educational programs to promote the awareness of forcible and non-forcible sex offences. Such educational programs are offered by the Community Education Department of Women Organized Against Rape (WOAR) of Philadelphia.

Orleans Technical College delineates the procedure to be followed when a sex offence occurs in the form of a Student Bill of Rights, in accordance with requirements established in Article XX-G of the Public School Code, “Sexual Violence Education at Institutions of Higher Education.”

> Download Sexual Violence Student Bill of Rights

Sexual Harassment Policy Statement

Sexual harassment in the school and workplace can threaten one’s physical and emotional well-being, influence how well a student performs in the classroom, and make it difficult for a student or employee to achieve career goals. Sexual harassment is illegal: Title IX of the Education Amendments of 1972 prohibits sex discrimination, including sexual harassment. Preventing and remedying sexual harassment is essential to ensure nondiscriminatory safe environments in which students can learn and work. Students should feel safe and comfortable walking down the halls of the school and workplace.

Title IX protects students, both male and female, from unlawful sexual harassment in all programs or activities.

> Download Sexual Harassment Policy Statement

Anonymous Online Reporting System

Orleans Technical College’s anonymous reporting form is a mechanism to receive complaints of sexual harassment and sexual violence from students and employees. > Access this form here.

Web Site Notice

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