TO: File, 09?11-2027 FROM: Baenziger, CRA DATE: 5/19/11 RE: Phone call from complainant On the above date, I received a telephone message from the complainant, and returned her call. She stated that she noticed that of the OCR closure letter, we stated I again stated that I would document this fact for the file, but noted that it would not change decision in the matter. She stated that she understood, and thanked me for the investigation. She stated that at least she was able to bring it up and share what the College was doing. I noted that because of her complaint the College will now have more clear policies and procedures for processing harassment complaints. She agreed, and stated also that glut)? will now know specifically that he can't be messing around with students at the College. UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS - REGION IX May 13, 2011 (In reply, please refer to case no. 09?11?2027.) .. L183: The US. Department of Education, Office for Civil Rights (OCR), has completed its investigation of the above-referenced discrimination complaint concerning BioHealth College. You alleged that the College discriminated against you on the basis of sex. OCR investigated whether the College failed to respo appropriately and effectively to your allegations that sexually harassed you (hereafter the complainant) by sexually assaulting you in fall 2010. OCR investigated the complaint under the authority of Title IX of the Education Amendments of 1972 and its implementing regulation. Title IX prohibits discrimination on the basis of sex in education programs and activities operated by recipients of Federal financial assistance. The College receives funds from the Department and is subject to Title IX and the regulation. OCR gathered evidence through interview 7 female friend of the complainant?s, the College President. and (?me OCR also reviewed documents submitted by the complainant age, the ing documentation of the College?s internal investigation, documentation of the complainant?s criminal complaint, and documentation of the complainant?s request for a restraining order. OCR did not reinvestigate the altegation of sexual harassment because it had already been investigated by the College and the resolution met OCR standards. However, OCR identified several areas of noncompliance regarding the College's written non- discrimination policies and procedures. On May 11, 2011, the College agreed to resolve these areas of noncompliance through a Resolution Agreement. The applicable legal standards, the facts gathered during the investigation, and the reasons for our determination are summarized below. Legal Standards The regulations implementing Title lX, at 34 C.F.R. ?106.31, prohibit discrimination based on sex by recipients of Federal financial assistance. Colleges are reaponsible under Title IX and the regulation for providing students with a nondiscriminatory 50 BEAU-2 ST.. SUITE 7200, SAN FRANCISCO. CA 94105 .gou The Department of Education ?5 mission is to promote student achievement and preparation for global COmpft?lUi?t?nL-?SS by lbsten?ng educational excellence and equal access. IA Page 2 (09-11202?) educational environment. Sexual harassment is unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment of a student can resuit in the denial or limitation, on the basis of sex, of the student?s ability to participate in or receive education benefits, services, or opportunities. On April 4, 2011, the Department's Assistant Secretary for Civil Rights issued a Dear Colleague Letter1 clarifying that sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title lX. The letter eXplains colleges? obligations to respond to sexual harassment and sexual violence. A college is not directly responsible for sexual harassment of a student by an employee if the conduct occurred outside the context of the employee?s job responsibilities. However, under Title iX and the regulations, if a college knew or reasonably shoutd have known about this type of harassment, it is reSponsible for determining what occurred and taking appropriate steps to resolve the situation. OCR evaluates the appropriateness of the responsive action by assessing whether it was prompt, thorough, impartial, and effective. What constitutes a reasonable response to harassment will differ depending upon circumstances. However, in all cases the response must be tailored to stop the harassment, eliminate the hostile environment if one has been created, and address the problems experienced by the student who was harassed. The college must also take steps to prevent the harassment from recurring, including disciplining the harasser where appropriate. in addition, the Title IX regulations establish procedural requirements that are important for the prevention and correction of sex discrimination, including sexual harassment. These requirements include issuance and wide distribution of a poticy against sex discrimination (34 C.F.R. 106.9), and adoption and publication of grievance procedures providing for the prompt and equitable resolution of complaints of sex discrimination (34 CPR. OCR examines a number of factors in evaluating whether a college?s grievance procedures are prompt and equitable, inctuding whether the procedures provide for the following: notice of the procedure to students and employees, including where to file complaints; application of the procedure to complaints alleging harassment by employees, other students, or third parties; adequate, reliable, and impartial investigation of complaints, including the opportunity to present witnesses and other evidence; designated and reasonably prompt timeframes for major stages of the complaint process; notice to the parties of the outcome of the complaint; and an assurance that steps will be taken to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate. The regulations also require that recipients designate at least one employee to coordinate compliance with the regulations, including coordination of investigations of 1 A copy of the Dear Colleague Letter may be found at 104. html. ?a Page 3 (09-11-2027) complaints alleging noncompliance. and to publish the name or title and contact information of the designated employee (34 C.F.R. Pursuant to Section 110(a) of its Case Processing Manual, OCR will not reinvestigate a complaint allegation if the same allegation has been filed and resolved through a recipient?s internal grievance procedures, and the resolution meets OCR regulatory standards; all allegations were investigated, appropriate legal standards were applied, and any remedies secured meet OCR's standards. Since the College had already conducted an internal investigation of the complainant?s allegations when she filed her OCR complaint, the focus of our investigation centered on assessing whether the College?s response met regulatory standards. This included a review of the College?s written policies and procedures as we!! as the steps that it took to investigate an ?sh- and resolve the complainant?s internal complaint of sexual harassment. Factual Summary The College is a private postsecondary institution that offers focused career oriented training in BioTechnology, Pharmacy Technology, Medical Assisting, and Business Administration. It currently enrolls 167 students. College Policies and Procedures At the time of the OCR investigation, the College had two publications that were used to notify students of its policies and College Catalog and a document that was distributed at student orientation entitled Rules and Regulations. The College Catalog included a nondiscrimination provision, which prohibited discrimination on the basis of sex.2 The Rules and Regulations document stated under Student Conduct that sexual harassment by students was prohibited. Neither this document nor the Catalog noti?ed students that sexual harassment of students by employees and administrators was prohibited. The nondiscrimination provision was not posted on the College's website. The College reported to OCR that the President was the individual designated to ensure compliance with Title IX, and to investigate complaints of sex discrimination, including sexual harassment. However, neither the Catalog, the website, nor the Rules and Regulations document identified the President as the College?s Title IX coordinator, or provided his contact information in that regard. The College had a general Student Complaint Procedure (Complaint Procedure) which was posted in each classroom and was included in the Catalog but not on the website. it did not Specify that it applied to discrimination complaints, including sex 2 OCR noted that the nondiscrimination ciause stated that "no special services are provided for handicapped students." OCR provided the College with technical assistance regarding its obligation under the regulations implementing Section 504 of the Rehabilitation Act of 1973 to provide necessary academic adjustments and aids to students with disabilities. Page 4 (0941-2027) discrimination/harassment. The Complaint Procedure stated that if a student had a problem or a complaint, s/he should notify the instructor. If the issue was not resolved by the instructor, or if the student did not feel comfortable discussing it with the instructor, the student could either submit a student complaint form to a school officialdiscuss the issue. If the issue was not resolved by the Vice President of Education (VPE), the student could go to the President. if the issue was not resolved by the President, the student was advised to contact the California Bureau for Private Postsecondary and Vocational Education, or the Accrediting Council for Continuing Education and Training (ACCET). The Complaint Procedure included no timelines; did not describe an adequate, reliable, and impartial investigation; did not provide for notice to the complainant of the outcome of an investigation; and did not provide an assurance that steps would be taken to prevent recurrence of any harassment found and to correct its discriminatory effects. The Student Complaint Form was available in the administration office. This form was very general, and did not reference that it applied to discrimination/harassment complaints. The College also submitted a copy of its Employee Handbook (Handbook), stating that it was distributed to each employee when hired. The Handbook contained Standards of Conduct for employees, and had a list of examples of actions that were considered to be unacceptable and grounds for disciplinary action, including termination. This list included sexual harassment, and "close personal relationship or fraternization with students." This document was not distributed to students. The Handbook included a Policy against Harassment, which specifically prohibited sexual harassment and focused on harassment in the workplace between employees. College employees were required to undergo a Sexual Harassment Prevention Training hop on a regular basis. lThe materials describing raining noe a I ocuse on sexua arassmen in the workplace. it did not cover sexual harassment against students by employees. Background . The complainant enrolled in an einht?mon?rh at the - . Colleoe in Ann] 2010- through They also had Previous to her enrollu common acquaintances. During the time period relevant to the complaint, she was??l?i? years old and he was Cbil?lle-lXC) Page 5 (09-11-2027) Documents generated by the College's internal investigation and/or the complainant?s subsequent criminal and civil complaints and reviewe bv OC indicated the following. Beginning in September 2010, the complainant and from?) began having frequent . . . . . - provrding the complainant With rides home, and severe Inners out too ether. The complainant stated that these contacts were initiated by maintained that they were initiated by the complainant. r?rmf'ict. in September, their contacts included visits files over coffee, ?gin. I The documents reviewed by OCR fu n- ted that in October 2010, the office visits continued, and the complainant and ad several meals together off-campus, includino lunches out and inners at home. They also drove together from on two occasions, including one overnight at the house of a Again, ti'e complainant maintained that each of these contacts was initiated land sta ed that 'hey were all initiated by the complainant. According to the complainant, had sexuai relations with her without her con ent four imes during this period. She described these incidents as 6. .7 . . . sexual assault. confirmed that they had sexual relations on two occasrcm6 but stated that the sex was consensual. On October the compiainant invited gig?) to dinner. The complainant stated that she accused aim of rcino himself on her and told him that she no longer wished to see him. in contrast, sz?ubxn stated that during dinner the complainant began talking of marriage and a future together; when he suggested that they should have a cooling-off period. narticularly because of their age difference, she became upset and left. On October 923, 2010, two days after the dinner, .s security camera recorded the complainant bringing two cups of coffee into office and staying several minutes. The complainant reported to OCR that on October 8 2010, she told a female friend what had been going on between her and Ia?x?maxc?, This was the ?rst time the complainant spoke to anyone about her allegations of sexual harassment. They discussed reporting the situation to the police, and filing a sexual harassment complaint with the College. Both indicated to OCR that they did not know how to proceed with filing an internal complaint with the College. They could not find information about sexual harassment in the College Catalog, so the female friend consulted with her counselor who told her that such issues should be addressed to the President. internal Complaint and investigation On NovemberH2010 the complainant and her female friend met with the Presi ent, and told him a the complainant wanted to file a complaint against The participants in this meeting had different recollections as to the amount of deter the complainant provided regarding her int ractions with lrbxoowa) However, all three agreed that the complainant had 3 xu I re a ions Wlt'l her against her will when she went to dinnerwxm?i?xc?) on October E230, The participants also agreed that the President reacted With shock and anger; he stated that there was a strict policy against staff and student fraternization and that, if what the complainant had reported "u Page a (09-11?2027) was true, would be fired. He asked why the complainant had not reported the incidents earlier, and why she had not contacted the police. She responded that she did not know that she was supposed to. The President informed the complainant that he would conduct an investigation, and would meet with her after its conclusion. He advised the complainant that in the meantime he would handle all of her school matters, and that she would not have to go to for anything. The President told OCR that he began his investigation by interviewing iC) who confirmed that he had been seeing the compiainant off-campus in a mutual reiationship that included sexual relations, but denied that he had ever acted without the com lainant's consent. He indicated that the complainant had initiated their contacts. lrbir?ubxn against to!d the President that he believed that the complainant had fited the complaint i because she perceived that re hadqre'ected her when they went to dinner on October 92m 2010. The President told that he would be suspended during the investigation, and he took College keys. By letter dated November-2010, the day . complaint was made, the Pr -si ent issued a Formal Notice of Suspensi 6 it stated that on Novemberng the complainant filed a complaint againsi?bx for sexual harassment, and was a serious allegation and required a detailed investigation. It noted that $56th? was suscended from his duties effective immedia ely, pending the outcome of the investigation. This document remains in complaint file. The President reported to OCR that he continued his invesioation bv reviewing . 7 ?acebook page, traveling to and interviewing interviewing an instructor at ne corlege wno had frequent conta .7 (broom speaking with a? whose of?ce was next door to? lwhat she had wi nessed and reviewing available securit a visited from which the complainant and the restaurant where the complainant and ihad dinner on October 2010, to inquire what the proprietors had observed about the parties? conduct. The information from these investigative activities was documented by the President; the information did not support the complainant?s allegation of non?consensual relations or sexualassaun. The President met with the complainant and her female friend on Novemberg 2010. He outlined the steps that he had taken to investigate the matter, and stated that he had concluded that it was a mutual relationship. The complainant ard the female friend told OCR that the President suggested the complainant call ??f??fbm to straighten things out. The President denied making such a statement. In addition, both the complainant and the friend M6 that President again told the complainant that she should not have to deal with for anything, and that if she needed anything at the College she should come to only him personally or to the Placement Director. The complainant and her female friend confirmed to OCR that during the meeting the President indicated Page 7 (09-11?2027) exam?) that he was angry that the whole situation had happened, and stated that (C) had broken school policy regarding fraternizing with students. He told the complainant that he would put the results of his investigation in writing. RV letters dated November 2010, the President informed the compiainant and $$3850? of his response to tne complainants Internal complaint. The letter to the complainant stated that, although the alleged conduct took place off of College premises, the College took the accusation seriously. The letter noted that the College had a policy against a close personal or fraternization with students. The President explained that he suspended $36me until his investigation was complete. The President stated that his investigation led him to conclude that the relationship between the complainant and was consensual, and that the complainant was the motivating force in the relationship. The President stated that he interviewed (ngg?gnesses and he described the other information he reviewed. He concluded vioiated the College?s SiaHWOnduct, but that the circumstances did not justify termination. He stated that would be disciplined appropriately. He noted that the complainant should consult appropriate law enforcement authorities for questions of a criminal nature. 6, 7 . The letter - gm) 3 noted that had been on leave of absence srnce November 2010, and was to report back to work on November It stated that the investigation found that there was an intimate relationship between and the complainant, but that she was the motivating force in the relationship. It further stated that the President found that the relationship took place off of College premisesthat the relationshi resulte from unwanted physical or mental gaunt!) force from The letter stated that had violated the College Standard of Conduct (b (6t dilated that the President did not find that the conduct rose to a level requiring thal(c)) )l '0 be terminated, but warned him that any further violation of the rule against lraternization with students, oncr off campus, would result in immediate termination. This letter remains in lpersonnelfile. Criminal and Civil Charges On November'ZOlO, the comnlain nt filed an initial police report stating that she had been sexually assaulted by off campus on a number of occasi ns The Police Department interviewed the complainant's female friend on November 522?, 2010, and interviewed the complain nt on December. The District Attorney declined to press criminal charges In addition, the complainant filed for a permanent restraining order againstl civil court. The request for the restraining order was denied. 3 A copy of this letter was provided to OCR by the complainant, as well as by the College. Page 8 (09-11202?) Oompiainant?s Academic Program As of November. 2010, the day after she made her complainant successfully completed the course of study to She earned an academic award and recognition for a grade point average of The complainant's attendance record from September th on the end of October 2010 indicated that she was absent on one day, Seotemberi??i, This absence occurred prior to any alleged sexua be havior on the pat Her grades for the three courses that spanned August (6): through Octobe ESL were A, and Pass. The complainant told OCR that she did not The College provides its graduates with placement services such as job search training and counseling, resume writing, mock interviews, distributing resumes to potential employers, and informing graduates of job openings in the field. Graduates are also allowed to take refresher courses at the College if there is room in the particular class. The complainant tOId OCR that she did not" fPPi that 9hr: r'mrld train: adxmni?ano nf On Decembergir 2010, the Placement Director calied the complainant to get an update on her job?search efforts. Both she and the complainant reported to OCR that the complainant inquired about retaking a refresher course at th Placement Director told the comniainant iThe Iacement Director told OCR that when she made this telephone call on December E2) to) 2010, she was unaware of the nature of the allegations that the complainant had made about! _She stated that if she had kno? this at the time she would have never told complainant and that, in the future, she would refer any such request from the complainant directly to the President. She also indicated that she would meet with the complainant either offsite or in another area at the roltege if the complainant The President toid OCR that the complainant requested to be allowed to I- 6 Taduation ceremony for her female friend?s class that took place on . and this request was granted. Each student was provided the Opportunity to 21? nrar?hrafinn I03 r?w? Page 9 (09?11-2027) Compliance Determination With respect to the procedural requirements of the Title IX regulations, OCR found that the College did inciude a notice of nondiscrimination on the basis of sex in its Catalog and Handbook. However, this notice was not included on the College's website. In addition, neither the Catalog, the Rules and Regulations, the Handbook, nor the website specified that sexual harassment of students by College employees was prohibited. Accordingly, OCR found that the College has not fully compiied with the requirements of 34 C.F.R. ?106.9. OCR further noted that while the Coliege designated the President as its Title IX Coordinator it did not notify students and emp!oyees of this designation and related contact information through its Catalog, Rules and Regulations, Handbook, or website. OCR therefore determined that the Coilege has not complied with the requirements of 34 C.F.R. in addition, OCR found that the College has not adOpted a grievance procedure providing for the prompt and equitable resolution of student complaints of sex discrimination, including sexual harassment. The College?s Complaint Procedure, while published through a notice in the Catalog and posting on campus, did not meet Title iX regulatory requirements for a number of reasons. The Complaint Procedure did not specify that it applied to discrimination complaints, including sex discrimination/harassment. The Complaint Procedure required students to attempt resolution with several College employees, and then referred students to outside agencies if the complaint was not resolved. It included no timelines; did not describe an adequate, reliable, and impartial investigation, including a determination of whether discrimination occurred; did not provide for notice to the complainant of the outcome of any investigation; and did not provide an assurance that steps would be taken to prevent recurrence of any harassment found and to correct its discriminatory effects. OCR therefore determined that the College has not complied with the requirements of 34 C.F.R. As noted above, OCR will not reinvestigate a complaint allegation if the same allegation has been filed and resolved through a recipient's internai grievance procedures, and the resolution meets OCR regulatory standards. OCR found that the College?s response to the sexual harassment allegations reported by the complainant met these standards. The College responded appropriately by investigating the complaint even though all of the alleged harassment occurred off campus. The College's response was prompt; the results were reported to the complainant within two weeks after sh complained to the President. The College took strong interim action by suspending during its investigation, and advised the complainant that she could direct any school-related business to other individuals on campus. It provided the complainant with the opportunity to present evidence, and to be accompanied by her friend for support during meetings discussing the complaint. The College conducted a thorough investigation, including documented interviews with a number of individuals, visits to three different Page 10 (09-1 1-2027) off-site locations that were related to the allegations, and review of security tapes. in reaching his decision, the President weighed the credibility of all the witnesses and took into account the totality of the circumstances. He reviewed the College?s findings and decision with the complainant verbally, issued a written decision to the complainant, and placed a copy of the decision and warning against further fraternization with students in personnel file. in reaching its decision, the College took into consideration the errects or he situation on the complainant?s educationai opportunities and benefits, and determined that the complainant was academically successful during the time period at issue, had perfect attendance, and graduated with awards. Taking all this information into account, OCR determined that it would not reinvestigate the underlying allegation of sexual harassment and assault, or reexamine the College's conclusion de novo, and finds that the College is in compliance with Title IX. requirements with respect to its response to the com plainantis allegations. Resolution On May 9, 2011, OCR discussed its findings with the President. On May 11, 2011, the President signed the attached Resolution Agreement. OCR determined that the actions outlined in the Resolution Agreement, when fully implemented, will address the areas of noncompliance identified during the investigation. OCR will monitor the College's implementation of the Resolution Agreement. This concludes the investigation phase of resolution process. OCR is informing the College of these findings by concurrent letter. This letter is a letter of findings issued by OCR to address an individual OCR case. Letters of findings contain fact-specific investigative findings and dispositions of individual cases. Letters of findings are not formal statements of OCR policy and they should not be relied upon, cited, or construed as such. formal policy statements are approved by a duly authorized OCR office and made available to the public. If you wish to appeal this decision, you may send an appeal to the Deputy Assistant Secretary for Enforcement within 60 days of the date of letter of finding. You must explain why you believe the factuai information was incomplete, the analysis of the facts was incorrect, and/or the appropriate legal standard was not applied, and how this would change determination in the case. Failure to do so may result in the denial of the appeal. Your appeal should be sent to the following address: US. Department of Education Office for Civil Rights Attention: Deputy Assistant Secretary for Enforcement 400 Maryland Avenue, SW Washington, DC. 20202-1100 Page 11 (09-11-202!) OCR appreciates the courtesy and COOperation extended by you during the investigation. It you have any questions] please contact Juiie Baenziger, the OCR staff- person assigned to the case, at (415) 486-5502 or me, at (415) 486-5555. Sincerely, Mary Beth McLeod Team Leader Enclosure may] 11 1,1 .?Zb?a bloi-Ieaith College EM Resolution Agreement BioHealth College 09-11-2027 BioHealth College (College) agrees to take the following action in order to resolve the above-referenced complaint filed with the U.S- Department of Education, Of?ce for Civil Rights (OCR). 1} Non?discrimination Policy. The College will modify its nondiscrimination policy to 2} 3) specify that both students and'College employees are prohibited from engaging in sex discrimination. including sexual harassment. The College will provide ongoing notice of this modified policy in campus publicatiows {such as its Catalog and student Rules and Regulations) and on its website. Designated empioyee{s). The College will provide ongoing notice in campus publications and on its website of the title, location on campus, telephone number, and email address of the individuaKs) it has designated to be responsible for coordinating compliance with Title IX requirements, including responding to complaints of sex discrimination/sexual harassment. Discrimination Complaint Procedure. The College will develop and publish a Discrimination Complaint Procedure applicable to allegations of discrimination on the basis of sex, including sexual harassment, that includes: a- notice of the Procedure to students and employees, including where to ?le complaints; b. application of the Procedure to complaints alleging discrimination, including harassment, by employees, other students, or third parties; c. the right to file a formal complaint without first attempting informal resolution; cl. an adequate, reliable, and impartial investigation of complaints by trained personnel, including an opportunity for both parties to provide witnesses and other evidence; e. designated and reasonably prompt timeframes for major stages of the complaint process; f. a determination of whether discrimination/harassment occurred as to each allegation, using a preponderance of the evidence standard it is more likely than not that sex discrimination/harassment occurred05/12/2011 THU 11:37 N0 7577] @002 p.15 May ~12 1.1 :26a BioHealih Collar-?x g. an assurance that the College will take steps to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate; h. written notice to both parties of: i. the outcome of the complaint, including whether or not discrimination was found to have occurred; ii. a description of the steps that have been or will be taken to remedy the effects of any discrimination and prevent its recurrence: and any appeal that the College provides. i- provision for ongoing notice of the Procedure in campus publications and on the website, including locations to obtain a copy ofthe Procedure. 4) Student Complaint Procedure. The College will modify its Student Complaint Procedure and related notices to clarify that complaints of sex discrimination, including harassment, will not be processed under that procedure and instead will be processed under the Discrimination Complaint Procedure developed under provision 3) above. The College understands that OCR will not close the monitoring of this Agreement until OCR determines that the College has ful?lled the terms of this Agreement and is in compliance with the regulations implementing Title lX, at 34 CFR sections 106.8 and 106.9, which were at issue in this case. Reporting: By June 15, 2011, the College will provide OCR with draft modi?cations to its policy and complaint procedure in accordance with provisions 1. and 4. of this Agreement- incorporating OCR's input, the College will ?nalize the policy and procedure by July 15, 2011, and will provide OCR final copies. By July 1, 2011, the College will provide OCR with a draft of its discrimination complaint procedure, in accordance with provision 3. of this Agreement. Incorporating input, the College will ?nalize the procedure by August 1, 2011, and will provide OCR with a final copy. By August 1, 2011, the College will provide OCR with copies of, and/or electronic links to, its revised publications and website information that summarize the policies and procedures, in accordance with provisions of this Agreement. 05/12/2011 THU 11:37 N0 7577] @003 May 12 7 1. 1.1 1278 BioHealth Collem, 53.4 The College understands that by signing this Agreement, it agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this agreement- Further, the College understands that during the monitoring of this Agreement, if necessary, OCR may visit the College, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether the College has ful?lled the terms of this Agreement and is in compliance with the regulations implementing Title 1X that were at issue in this case. I Sam Shirazi, President BioHealth College 05/12/2011 THU 11:37 No 7577} I004 TO: File, 09-11?2027 FROM: Baenziger, ORA RE: Telephone call from complainant's counsel DATE: 4/4/11 On the above date, I received a message from He stated that he . had been retained by the complainant, and with like to detinformat on about the status of the investigation. His telephone number is I returned his call, and told him that i had received and reviewed various documents from both the complainant and College, and that I had spoken to the complainant as well as one of her friends and to a couple of individuals at the College. I stated that the status is now that this information has to be written up and analyzed, as well as reviewed by managers here at the office. I stated that when OCR reaches a determination, it would issue a letter to both the complainant and the College. inquired whether he had filed any court action. He stated that he has not yet decided about that, he and the complainant are still considering it. lf he does, he will let OCR know. He asked if the investigation would stop if he filed in court? 1 stated that generally, yes, so as not to duplicate the process. However, that would only happen if the Court case covered the same allegations as the OCR complaint. - He also asked generally what type of relief OCR would seek if a problem was found? 1 stated that OCR generally focuses on institutional remedies, although individual relief might be a part of the resolution in some cases. TO: File. 09?11-2027 FROM: Baenziger, CRA RE: Phone call from complainant DATE: 3/18/11 On the above date, 1 received a phone call from the complainant. She stated that the Placement Director had called her the afternoon of the day before to see if she was available for a job. The complainant stated that she called the Placement Director back and stated The complainant told OCR that she hadtxm?xixm told the complainant that I would note this information in her complaint file. TO: File, 09-11-2027 FROM: Baenziger, CRA RE: Voicemail message from Complainant DATE: 2/11/11 On the above date, I received a telephone message from the complainant. She stated tlaLshwaniadJuiumnesmndeme to be sent to the following address Page 019 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 020 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 021 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 022 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 023 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 024 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 025 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad RECEIVED US Dept of Education JAN 04 2011 Of?ce {Oi Ow. ?ight San Fumuscc Cit?ic December 27, 2010 DearJuHe, Thanks so much for your time on Wednesday 12/22/2010. I have got to let you know that ri ht after our phone conversation on that day, I had a call from placement director at BioHeaIth College atg?mm Should you have any question, please feel free to contact me at Sincerely, Page 027 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 028 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 029 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Windows Live Hotmail Print Message . . (b 6. 7 From: Sam ShiraZII To: heckin the schedule for next module gent, - -10 5:35 PM I Page 1 of 1 Piease let me know in advance if interested, in the main iocus of seeking job. Thanks Sam irne please review your notes and book and Page 031 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 032 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 033 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 034 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 035 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 036 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 037 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Dear Thanks for your time yesterday. Can I put this in my case fiie? These items were presented attorney during my hearine for a restraining order. [m Sincerely, Windows Live Hotmail Print Message (C) Tha nks, 1/ 1/1 Page 040 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad TO: File, 09?11-2027 FROM: Baenziger, CRA RE: Phone calls from/with complainant DATE: 1/3/1 1 On 12/30/10, I received a telephone message from the complainant. She stated that she had requested documents from the police department regarding her criminal complaint, but they anticipate some delay due to the holidays. She asks whether she should send the other documents that she already has first, or whether she should wait and send the package altogether. returned her call when I return to the of?ce on 1/3/11, and advised her to go ahead and send the documents that she has in her possession now. She can send the other documents when she receives them later. UM ED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS - REGION IX NOV 2 2 2318 (In reply, please refer to case no. 09-11?2027) Dear On November 17, 2010, the US. Department of Education, Office for Civil Rights (OCR), received your complaint against Biohealth College (Recipient). Your complaint alleges discrimination on the basis of sex. OCR curtently understands your allegations to be: 1. You were subjected to harassment by a Recipient employee based on sex, and that the Recipient failed to respond appropriately and effectively to notice of the harassment. We have determined that your complaint is apprOpriate for investigation under the laws enforced by OCR. OCR enforces Title VI of the Civil Rights Act of 1964, Title lX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. These laws prohibit discrimination on the basis of race, color, national origin, sex, disability and age in programs and activities operated by recipients of Federal financial assistance. Additionally, OCR enforces the Boy Scouts of America Equal Access Act, which addresses equal access to school facilities and certain other youth groups. The Recipient receives funds from the Department and is subject to the above laws and their regulations as enforced by OCR. OCR is now beginning the complaint resolution process. Because OCR has determined that it has jurisdiction and that the complaint was filed timely or qualified for a waiver of the timeliness requirement, it is opening these allegations for investigation. Please note that opening the allegation(s) for investigation in no way implies that OCR has made a determination with regard to their merits. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is dispositive of the allegations, in accordance with the provisions of Article ill of the Case Processing Manual. 50 BEALE SUITE 7200, SAN FRANCISCO. CA 94105 wmv.ed.gov The Department of Education ?5 mission is [0 promote student achievement and preparation [Orglobal competitiveness by fostering educational m?ce?ence and ensuring equal access. Page 2 - (09-11-2027) We will contact you or your designated representative soon to discuss the allegations and complaint resolution process. OCR may close this complaint prior to making formal findings of compliance or non-compliance, provided that the circumstances or information gathered establishes an administrative or other basis for resolution in accordance with the Case Processing Manual. Federal regulations prohibit the Recipient from retaliating against you or from intimidating, threatening, coercing, or harassing you or anyone else because you filed a complaint with OCR or because you or anyone else take part in the complaint resolution process. Contact OCR if you believe such actions occur. Under the Freedom of Information Act, it may be necessary to release this document and related records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personal information that, if released, couid reasonably be expected to constitute an unwarranted invasion of privacy. if you have any questions about this letter, please call our office at 415-486-5555. incerely, Charles R. Love Program Manager Of?ce for Civil Rights Consent rorm rage 1. ED gov .Il iglmuu: Advanced Search To print: Click here or Select File and then Print from your brow ser's menu RECENED US, Dept of Education United States Department of Education NUV 8 Nil] Office for Civil Rights Oh?ice for Civil Rights San Francisco Office CONSENT FORM- FOR USE OF PERSONAL INFORMATION Complainant's Name (print or type): Institution Against Which Complaint Filed: Bio Hui-bk C?iidg, sq?'SOSt, (/74 - Please sign and date section A or section and return to the above address: I have read the Notice about lnvestigatory Uses of Personal Information. I understand that the Privacy Act of 1974. 5 U.S.C. 552a. and the Freedom of Information Act (FOIA). 5 U.S.C. 552. govern the use ofpersonal information submitted to all Federal agencies and their individual components. including OCR. I will cooperate with OCR's investigation and complaint resolution activities undertaken on my behalf. I understand that my failure to cooperate with investigation may result in the closure ofmy complaint. A. I give OCR my consent to reveal my identity (and/or that of my minor child/ward on whose behalfthe complaint is ?led) to the institution alleged to have discriminated, as well as other persons and entities outside if OCR, in the course of its investigation or for enforcement activities, ?nds it necessary to do so. \t/w llO Signature Date OR B. I do not give OCR my consent to reveal my identity (and/or that of my minor child/ward on whose behalfthe complaint is ?led). I understand that OCR may have to close this complaint if OCR is unable to proceed with an investigation without releasing my identity (and/or that of my minor child/ward on whose behalfthe complaint is ?led). Signature Date OR Alternatively, if you are not ?ling this complaint on your own behalf or on behalf of your own minor child/ ward, you are responsible for obtaining written consent from the person on whose behalf the complaint is ?led or, if he 1 ?17/2010 Uthce tor L'ml Consent term or she is a minor, that person?s parent! guardian. rage A 01 A have read this document, and i agree with the person who ?led this compiaint. 1 wish you to proceed with OCR's investigation and resolution process. I give my consent for OCR to reveal my identity to other persons to the extent necessary for the purp ri or tvne}: ?nannuinn his complaint. Eff. date: January 2010 U?7ho Date 11/17/2010 UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS - REGION IX November 18, 2010 (In reply, please refer to Dear This is to acknowledge that the US. Department of Education, San Francisco Office for Civil Rights (OCR), received your complaint on November 17, 2010. We are evaluating your complaint to determine whether OCR will accept your allegation(s) for investigation. Our target date for completion of this process is 30 days from the date of this letter. We will send you a letter notifying you of our determination. We require a signed Privacy Act Consent Form when identification of the complainant is necessary. Please sign and return the enclosed form by mail or you may wish to fax it to us at (415) 486-5570. if OCR does not receive the signed consent form within 20 calendar days of the date of this letter, your complaint will be administratively closed. If you are filing on behalf of another person, you are responsible for securing written consent from that individual. If you are filing on behalf of a minor (under the age of 18) or a legally incompetent adult, the consent form must be signed by that person's parent or legal guardian. As noted above, OCR must receive such necessary signed forms within 20 days of the date of this letter or the complaint will be closed. If you require an additional copy of the Consent Form, you can obtain it at The enclosed information provides an overview of complaint evaluation and resolution procedures. If you have any questions concerning this correspondence, please call our office at (415) 486-5555 and refer your case number listed above. Sincerely, GM, .. thy w. Brady Enclosures SO BEALE ST., SUITE 7300, SAN FRANCISCO, CA 94105 mmzedgmr The Department ot'Education '5 mission is to promote student achievement and preparation for gfobai competitn-?eness by fostering educations} excellence aud ensuring equal access. From: Sent: Wednesday. November 17, 2010 2:01 PM To: DCR San Francisco Subject: OCR Electronic Complaint Submission PLEASE DO NOT REPLY TO THIS EMAIL. THIS E-MAIL ADDRESS IS USED BY DEPARTMENT OF EDUCATION AUTOMATED SYSTEMS AND IS NOT MONITORED. Your complaint with the Of?ce for Civil Rights, a copy of which is reproduced below, has been automatically forwarded to the following of?ce for review: Office for Civil San Francisco Office 50 Beale Street, Suite 7200 San Francisco. CA, 94105 80 that we can best assist you, we call your attention to the following: 1. If you need to communicate with OCR regarding your complaint before you are contacted directly, please do not reply to this message, which would result in your reply going to a send-only server address. Instead, please direct your correspondence to the above office at ocr.sanfrancisco@ed.gov. 2. If you need to modify or supplement your complaint, please do not use the complaint form to submit another complaint with the new information. Instead, you may simply send an email to the of?ce that has your complaint. Filing duplicative complaints may impede our ability to review your concerns in a timely manner. (If you have a separate complaint involving other matters. you may of course use this form to submit it.) 3. Remember that before OCR can process your complaint it must receive at the above address a signed copy of the Office for Civil Rights Consent Form. which you can obtain at 4. It is recommended that you print a copy of this message and retain it for your records. The following information has been sent to the specified office: OCR COMPLAINT FORM 1. Enter information about you. 6. 7 Your First Name Your Last Name (bx ?bx Esubxmm Your Address: . City: State: CA Zip Code: Best Time to Call You: DAY Primary Phone No: Alternative Phone No: Your Email Address 2. Who else can we call if we cannot reach you? Contact's Name Daytime Phone No- Reiationship to you: Friend 3. Who was discriminated against? 4. What institution discriminated? Institution Name: BioHealth Coliege Address: 2665 N. First st. Suit 102 City: San Jose State: CA Zip Code: 95134 . School or department involved: 5. Have you tried to resolve the complaint through the institution's grievance process, due process hearing, or with another agency? Yes Agency Name: Through President of BioHeaith Date Filed: jh at 6. Describe the discrimination OCR enforces regulations that prohibit discrimination on the basis of race, coior, national origin; sex; disability; and/or age. All that apply: 89X Why you believe the discrimination was because of race, sex, disability, or whatever basis you indicated above or why you believe the action was retaliatory. 'Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex; U.S. Board of Education, Sexuai Harrassment Guidelines: Harrassment of Students by School Employee, Other Students or Third Party" Published in the Federal Register, March 13, 1997 - ?Under Title iX of the Education Amendments of 1972 (Title IX) and its implementing regulations, no individuai may be discriminated against on the basis of sex in any education program or activity receiving Federal financial assistance.{2} Sexual harassment of students is a form of prohibited sex discrimination under the circumstances described in the Guidance.? Quid Pro Quo Harassment - A school employee explicitly or impticitly conditions a student's participation in an education program or activity or bases an educational decision on the student's submission to unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexuai nature.{5} Quid pro quo harassment is equally unlawful whether the student resists and suffers the threatened harm or submits and thus avoids the threatened harm. A description of the alleged discriminatory sexual harassment act: Short background: 7. Your complaint must be ?led within 180 days of the discriminatory action When did the last act of discrimination occur? Enter the date: 1094/1201 0 Are you requesting a waiver of the 180-day ?ling time limit for discrimination that occurred more than 180 days before the filing of this complaint? No. 8. What would you like the institution to do as a result of your complaint - what remedy are you seeking? The most severe punishment allowed by law and punitive damages. Do you have written information that you think will help us understand your complaint? Yes Telephone Interview: College OCR #094 1 ?2027 315111 BioHealth This interview was conducted by Baenziger. CRA, who provided the witness with information about as well as anti-retaliation protections. 1. How long have you worked for the College 2. Please briefly describe your job duties. 19.Anything else that you think is relevant? The witness stated that, in all honesty, when she thinks back. manager like there (C) based on was a total mutual relationship between the complainant and her observation of them at school. (bxsubxvxo The complainant always came to see mama) Ion her own. it did not appear to the witness that the complainant felt harassed or uncomfortable in front of him. Telephone Interv ew: student, BioHealth College OCR #09-1 1 ~2027 31411 1 This interview was conducted by Baenziger, CRA, who provided the witness with information about FOIAIPA, as well as anti-retaliation protections. Telephone Interview: Sam Shirazi, President, BioHealth College OCR #09-11-2027 2l25l11 This interview was conducted by Baenziger, CRA, who provided the witness with information about as well as anti-retaliation protections. The witness stated that he is responsible for the day?to?day operation of the College. He oversees the entire business. He is the director of the various departments, including Admissions, Education, Job Placement, and Administration. He has worked there since July 2003, which is when the College started. He has a number of years of previous experience in computer related education schools. The witness responded to the following questions. 1. Apart from the Rules and Regulations document handed out to students during orientation, and the Employee Handbook provided to new employees, are there any other College publications that include information about the designated Title IX coordinator; any policy prohibiting sex discrimination, including sexual harassment; and/or any grievance procedure that covers complaints of sexual harassment ?led by students against employees? (Catalog, Class Schedule, etc.) If so, please provide us a copy. The witness stated that the only other publication would be the Catalog. He will send us a copy. 2. When were you appointed Title IX coordinator? What are your duties? What training have you had in this area (clarify if any re: SH against students by The witness stated that he began as Title lX coordinator when the business started. in terms of duties, he explains the complaint process to students during orientation, as well as the Rules and Regulations. He is also involved in the complaint process. in terms of training, he has been in this business for 27 years and has worked for different corporations and colleges. He has attended several seminars and trainings on sexual harassment in the employment setting. More recently, the College has had professional development training for all of its staff, which included a section on sexual harassment. This was also employment related, but part of the training is how to avoid sexual harassment, role playing, recognizing sexual harassment, etc, so it would apply to student situations also. The witness stated that this is the ?rst complaint of sexual harassment that has arisen since the College started. 3. Describe all you remember ,6 ?b ,7 (C 'ng the meeting of 11.10 with the complainant and What was said by each participant? What documents were exchanged, if any? 4. in the Colleges data response, you include handwritten notes dated 10 with the complainant's name at the top. The witness stated that these were not the comptainant's notes, these were his notes. [Because the notes were hard to read, OCR asked him to go through and interpret them. He stated as follows: The witness stated that the compiain i. did not report any of the other incidents during this meeting on 1 1 ?10. She just talked about the lunch/hand kissing, and the one occasion where she went to house and he took advantage of her. 5. You report that Ei?f?ltb?m Lvas suspended during the investigation?-?was this pay. with or without (b (6 it? ?7 The witness stated that )k was suspended with pay. 6. In the data response, you report to OCR that vou_interviewed the following] individuals as a part of the investigation: College. Ia teacher at the 3. Did you document any of these interviews? If so, provide a copy. If not, why not? The witness stated that he did take some notes, and he will send them to OCR. (b (6 lb (7 7. What exactly did you as (8) What exactly did he reply? 12.Did you ask the complainant if she had witnesses that could provide relevant information? if so, did she provide any? if not, why not? The witness that during the meeting with the com oiainant and he asked if had witnessed anything between in the complainant? She replied that she had not. The complainant did not provide any witnesses. She also did not disclose any other incider the gnome) or the fact that they had stayed over (C) hou . 13. Did you speak with anyone else as a part of the investigation? The witness stated that he spoke with the whose office is right next door to (WWUXC) -e unofficially asked her if she had seen the complainant gomg office? She said "all the time." He asked if she had heard any loud noises, anything that sounded like anger, etc? She said that she had not, that everything seemed fine, and the complainant was laughing and smiling. 14.Did you speak a manager and/or a waiter at the -staurant where the compiainant and had dinner together on 10 0? 6), 7 folrbx Cb)( The witness stated that he went land spoke with a there. He asked i recalled these coming to dinner; and whether there was an argument, tight, Itold him that he did not really remember exactly who they were. He remember these two specifically, but he also didn?t recall anything unusual in general that night. The witness stated that he also went record mm the complainant. They stated the en's/J in I 15.You state in the data response that you also checked the set not security camera, and con?rmed allegation that on 10, the complainant was waiting outSide his 0' ice with a cup of coffee for ?rim. a. Did you observe other contact between the two parties on the security camera tapes? It so, what, and on what dates? The witness stated that there is only one example, because the camera leaps over previous footage. He was able to backdate to thaF date. He watched the tape, and saw the complainant standing outside of I office door with 2 cups of coffee in her hands. There was someone else inside the office with him at ?rst. She waited outside about 3 min, and the other person left. She went inside and spent about 5 min. inside. She came out with only one cup of coffee in her hand. 16.Did you call the complainant on 11.10, and tell her that you are ready to go over his findings with her? Yes. a. What exactly did you say during this conversation, and what did the complainant say? The witness stated that he told her he wanted to follow-up and meet with he ah at his investigation. He said the complainant wanted to bring @531} long, and he said the information (was), was very personal. He told the complainant that (W) could attend only if the complainant documented that she wanted her there. Did you tell the comolainant that vou have spoken and that (bil?ilb?axc? . The witness stated that he said something like this and the meeting, but not by phone. (taxman) Did you tell the complainant that she should call (C) and talk the situation through im? No, he did not say this. He had told the complainant an 53152} 'n the initial meet'nd that there should be no contact with game) He had also told that he should have no contac with the complainant. 17.Describe all that you recall that was said during the meeting of 11523 0. when you reviewed your ?ndings with the complainant and What did you say, and what did they say? The witness stated that he made clear that he was going to go over that he fr . . 6 . und, then they can discuss. l-le state at he summarized what 33%; had said, based on the notes dated 1 1 H10. the Witness stated that he concluded the meeting by saying he would put the results of his investigation in a letter. 23.tn your written findings, you state that the complainant was the motivating force and an intimate relationship between the two parties--?what is the basis for this statement? . . . . Fla?mm He said this because she the one whommte? in . . (bxorwao . she ts the one who said she would she t8 the one who lnvit ,r Ishe is the one who came to his house (b (6 an (C He also took into account statements by the and the teacher regarding the complainant She is also he one that was proposing a. You also state that you did not find any evidence that the relationship resulted from unwanted physical or mental force from what is the basis for this statement? He didn't observe any force during bu - 7- at the school. He learned that she voluntarily went to home voluntaril wentla?xm?mc? with him, voluntarily slept over I with him, and voluntarily 24.Question number 12 of OCR's data reques .hether the College has ever received notice of allegations that engaged in sexual harassment prior to fall 2010-?this question was not responded to. What is the answer? The with 38 stated that there has been no notice of any involvement 93f With the sort of thine either at the Colleoe bxerbinxo They did a background check on 'h?Ft?im ore hinng him, and there was nothing about sexual harassment. 25.At what point did attorney Baker become involved in this situation? In what capacity does he represent the College? The witness stated that Baker is corporate counsel for the College, and handles many matters for them. When the witness received the letter from OCR, he showed it to Baker. Baker suggested that he researched the TO: File, 09?11202? FROM: Baenziger, CRA RE: Initial Call with Complainant DATE: 12/2211 0 After providing notice, I asked the complainant the following questions: 1) Have there been any further develonments with respect to the College's investigation of this situation with The complainant stated that she has heard nothing further from the College. 2) Did she ever receive written notice of the College?s findings? The com_ lainant stated that the President of the College sent her a letter dated 11 (EL 10, which outlined what he had done in his investigation. requested that she send me a cepy of this letter, and she said that she would 3) continuing to work at the College? How does she know? The complainant stated that he is still working College, as far as she knows. She believes he went back to war 0. She stated that the . . . . . . . Presrclent said his written findings that violated the standard of conduct, and would be disciplined, but net be erminatedThe complainant stated that because 5% is still on camnus she cannot 4) Have there been any further developments with respect to the police investigation of her rape allegations? She stated that the DA. decrded not to bring criminal charges against C) 5) Is she currently involved in any legal action against or the Collegenot currently involved in any legal action against (C) or the College. She stated that she is looking for legal counsel to adwse her 1? trough the OCR complaint process. She has not decided about legal actionmshe wants to talk to an attorney first. She states that she has never had any experience like this happen to her, and she is at a loss as to what to do. She is not familiar with the legal system. 6) Does she have any written materials that are relevant to her complaint? (send copies) The complainant stated that after she ?led a complaint with the police department, the detectiv tried to pen a criminal case. She stated that she received a TRO against but he and his attorney argued against a permanent restraining order and won. She stated that the judge said she did not have enough evidence for a permanent restraining order. She will send copies of relevant documents to OCR. 7) Anything else? She also wanted OCR to know that the College has no policy or procedure regarding sexual harassment on campus. When this happened to her, she did not know where to go and who to talk to. She ended up telling a friend, and the friend then spoke with her counselor and found out that they needed to talk to the President. NOTE: The complainant had mentioned in her written complaint that the remedy she is seeking through the OCR process is "the most severe punishment allowed by law and punitive damages." I explained that OCR is an administrative agency that enforces the College's obligations under civil rights laws, and that we do not take criminal action or impose ?punishment?, nor are we a civil court through which punitive damages would be a possible remedy. If a problem is found, our remedies are more institutional changes. She stated that she understood. UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS - REGION IX October 7, 2011 Sam Shirazi, President BioHealth College 2665 North First Street, Suite 102 San Jose, California 95134 (in reply, please refer to case no. 09~11~ 2027.) Dear President Shirazi: On May 11, 2011, you signed a Resolution Agreement on behalf of BioHealth College to resolve compliance concerns identified by the US. Department of Education, Office for Civil Rights (OCR), during its investigation of the above-referenced complaint. This letter summarizes monitoring of the Coliege?s implementation of the Resolution Agreement. The College agreed to: modify its nondiscrimination policy; designate an employee responsible for coordinating compliance with Title IX requirements; develop and publish a discrimination complaint procedure; modify its general student complaint procedure; and provide effective notice of these policies and procedures on an ongoing basis. The College submitted monitoring information to OCR on June 13, July 28, July 29, and September 2, 2011. OCR reviewed this information and determined that the College has fully implemented each provision of the Resolution Agreement. Accordingly, the monitoring phase of the resolution process is being closed as of the date of this letter. The compiainant is being informed of this action by concurrent letter. OCR appreciates the courtesy and cooperation extended by you during the monitoring process. If you have any questions, please contact Julie Baenziger, the staff person assigned to the case, at (415} 486-5502 or me, at (415) 4866555. Sincerely, page Aithur Zeidman Office Director 50 BEALB ST., SUITE 7200, SAN FRANCISCO, CA 94105 The Department of Education ?5 mission is to promote student achievement and preparau'On for global competitiveness by fosren'ng educational excc?ence and ensuring equal access. is WM (anti; 9A l8 ?91 BioHealth College NON-DISCRIMINATION POLICY DISCRIMINATION COMPLAINT PROCEDURE Non~discriminati0n Policy: BioHealth College is dedicated to equal opportunities and nondiscrimination regarding admissions, policies, programs offered and employment regardless of race, color, national origin, ancestry, religion, creed, physical or mental disability, medical condition, age, sex, marital status, sexual orientation, or any other basis protected by federal, state, or local law, ordinance or regulation. Both students and BioHealth College employees are prohibited from engaging in discrimination and harassment, including sex discrimination, and sexual harassment. Harassment Policy: BioHealth College is dedicated to providing an educational and work environment that is free from fear, intimidation or hostility. Therefore, BioHealth College maintains a strict policy prohibiting unlawful harassment, including sexual harassment and harassment because of race, color, national origin, ancestry, religion, creed, physical or mental disability, medical condition, age, sex, marital status, sexual orientation or any other basis protected by federal, state or local law, ordinance or regulation. This policy prohibits harassment in any form including verbal, physical, and visual harassment and applies to all Biol-lealth College students, employees and agents. Students are encouraged to report incidences of harassment to college administration. Designated Employee: Dr. Sam Shirazi. President, is the person responsible for insurance of compliance with Title IX requirements responding to complaints of sex discrimination sexual harassment. The President is also the person reSponsible for ensuring compliance with laws prohibiting discrimination and harassment on the other bases described in the Nondiscrimination Policy and the Harassment Policy, including responding to complaints on those bases. Dr. Shirazi is available on campus Monday Friday or he can also be reached at: (408) 428~0208 extension 209 sam@biohealthcollegecdu Discrimination Complaint Procedure: The following lists the procedures for students, to ?le a discrimination/harassment complaint against another student, an employees, or third party, including a sex discrimination or sexual harassment complaint: Anyone who wants to ?le a complaint is encouraged to bring the complaint directly to the President, Dr. Sam Shirazi. Employees who receive complaints from students or who observe discriminatory or harassing conduct against students should inform the President immediately. The President will hear and document the complaint, including all allegations, persons involved and time and date of complaint. The complainant has the right to ?le a formal complaint without ?rst attempting informal resolution of her/his allegations. 2665 First Street, Suite :02 BioHealth College Tel: (408) 428-0208 San Jose, CA 95134 Fax: (408) 428-0218 -N - I ll BioHea-I-th College The President will investigate said complaint thoroughly and without prejudice. Both parties will have the opportunity to provide information about witnesses and other evidence to be considered during the investigation. The President will reach a determination of whether discrimination/harassment occurred as to each allegation, using a preponderance of the evidence standard it is more likely than not that discrimination/harassment occurred). The President will take necessary action to ensure safety and compliance with Title IX including any disciplinary action required, as well as other steps necessary to prevent recurrence of any discrimination/harassment and to correct its effects on the complainant and others, if appropriate. A complete report will be provided to all parties concerned as soon as possible, but no later than 30 working days from the date the complaint was filed. The report will include: the outcome of the complaint, including whether or not discrimination/harassment was found to have occurred as to each allegation; and a description of the steps that have been or will be taken to remedy the effects of any disorimination and prevent its recurrence. The College prohibits retaliation against any individual who ?les a complaint or participates in an investigation. Allegations of retaliation are subject to the procedures and sanctions under the Nondiscrimination Policy and the Harassment Policy. The College will provide ongoing notice of the Discrimination Complaint Procedure in its campus publications and on its website, including locations to obtain a cepy of the procedure. 2665 First Street, Suite 102 BioHealth College Tel: (408] 428-0208 San osc, CA 95134 Fax: (408} 428?0218 Baenziger, Julie From: Sam shirazi (bwaxmc) Sent: Friday, July 29. ?l 11:4! AM To: Baenziger, Julie Subject: RE: 8/13/11 monitoring report Attachments: Catalog Discrimination pages 4 5.doc; Catalog page 12 other complaintsdoc; Complaint Procedures - Not involving discriminationdoc; Discrimination Complaint Procedure-FINAL Hi Ms. Beanziger Every things have been corrected now we will work on the school web site, I thank you so much for all your help and have great weekend. Sam Shirazi From: Baenziger, Julie Sent: Friday, July 29, 2011 10:28 AM To: Sam shirazi Subject: RE: 6/13/11 monitoring report Dear Mr. Shirazi, i found just a few suggested review and let me know if you wish to discuss. Otherwise, once these changes are made the policies, procedures, and notices are ready to go. Please let me know when the policies, procedures, and notices are published and distributed, and when they have been placed on the website. After that confirmation, the monitoring will be complete. Thank you, Julie Baenziger From: Sam shiraz Sent: Thursday, JJIY as, gun bi?l/ PM To: Baenziger, Julie Subject: RE: 6/13/11 monitoring report Dear Ms. Baenziger Copy of the Policies and procedures the pages of school catalog and other complaint procedure not involving discrimination are attached for your review. Please let me know if they are OK, so I can send these to press. We also will update the Website. Thank you so much for all your help. Sam Shirazi From: Baenziger, Julie Sent: Thursday, Julv 28. 2011 :48 law. To: Su Ject: 6/13/11 monitoring report Good afternoon, As we just discussed, here is the suggested input on the policies and procedures. i look forward to speaking with you at 3:15pm. SCHOOL BUSINESS HOURS AND HOLIDAYS BioHealth College is Open Monday~ Friday only. Our offices are open to the public from 8:00am to 6:00pm. We are open from 8:00am to 10:00pm for the students only. Day classes are scheduled from 8:00am to 1:00pm and Evening classes are scheduled from 6:00pm to 10:00pm, Monday-Friday. Biol-lealth College will be Closed for the following holidays: Martin Luther King Jr. B-day President?s Day Memorial Day Independence Day Labor Day Veteran?s Day Thanksgiving Day the day after )9 December 24, 2011 January 4, 2012 All students will be notified if there are any changes. y; F1 ?1 ?4 NON-DISCRIMINATION POLICY Biol-lealth College is dedicated to equal opportunities and nondiscrimination regarding admissions, policies, programs offered and employment regardless of race, color, national origin, ancestry, religion, creed, physical or mental disability, medical condition, age, sex, marital status, sexual orientation, or any other basis protected by federal, state, or local law, ordinance or regulation. Both students and Biol-lealth College employees are prohibited from engaging in discrimination and harassment, including sex discrimination, and sexual harassment. HARASSMENT POLICY BioHeaIth College is dedicated to providing an educational and work environment that is free from fear, intimidation or hostility. Therefore, BioI-lealth College maintains a strict policy prohibiting unlawful harassment, including sexual harassment and harassment because of race, color, national origin, ancestry, religion, creed, physical or mental disability, medical condition, age, sex, marital status, sexual orientation or any other basis protected by federal, state or local law, ordinance or regulation. This policy prohibits harassment in any form including verbal, physical, and visual harassment and applies to all BioHealth College students, employees and agents. incidences of Students are encouraged to report harassment to college administration. i DESIGNATED EMPLOYEE Dr. Sam Shirazi, President, is the person responsible for insurance of compliance with Title IX requirements responding to complaints of sex discrimination sexual harassment. The President is also the person responsible for ensuring compliance with laws prohibiting discrimination and harassment on the other bases described in the Nondiscrimination Policy and the Harassment Policy, including responding to complaints on those bases. Dr. Shirazi is available on campus Monday Friday or he can also be reached at: (408) 428-0208 extension 209 DISCRIMINATION COMPLAINT PROCEDURE The following lists the procedures for students, to file a discrimination/ harassment complaint against another student, an employees, or third party, including a sex discrimination 0r sexual harassment complaint: Anyone who wants to file a complaint is encouraged to bring the complaint directly to the President, Dr. Sam Shirazi. Employees who receive complaints from students or who observe discriminatory or harassing conduct against students should inform the President immediately. The President will hear and document the complaint, including all allegations, persons involved and time and date of complaint. The complainant has the right to file a fOrmal complaint Without first attempting informal resolution of her his allegations. The President will investigate said complaint thorOughly and without prejudice. Both parties will have the opportunity to provide information abOut witnesses and other evidence to be considered during the investigation. The President will reach a determination of discrimination/ harassment occurred as to each allegation, using a preponderance of the evidence standard it is more likely than not that discrimination/ harassment occurred). The President will take necessary action to ensure safety and compliance with Title IX including any disciplinary action required, as well as other steps necessary to prevent recurrence of any discrimination/ harassment and to correct its effects on the complainant and others, if appropriate. A complete report will be provided to all parties concerned as soon as possible, but no later than 30 working days from the date the complaint was filed. The report will include: the outcome of the complaint, including whether or not discrimination/ harassment was found to have occurred as to each allegation; and a description of the steps that have been or will be taken to remedy the effects of any discrimination and prevent its recurrence. The College prohibits retaliation against any individual who files a complaint or participates in an investigation. Allegations of retaliation are subject to the procedures and sanctions under the Nondiscrimination Policy and the Harassment Policy. The College will provide ongoing notice of the Discrimination Complaint Procedure in its campus publications and on its website, including locations to obtain a copy of the procedure. whether - ADMISSION REQUIREMENTS AND PROCEDURES When you apply for admission here at BioI?iealth College, you should have a sincere desire to acquire the knowledge and have a strong urge to want to intake the skills needed to pursue a career in: ?i Biotechnology Technician 3? Pharmacy Technician Business Administration Medical Assistant The admission requirements BioHealth College has for potential students are: you must be 18 years of age, you must have a high school diploma or equivalent, and Show the ability to benefit. The ability to benefit will be determined by a personal review with one of our admission representatives and by passing the school?s administered entrance exam. The minimum scores for passing the entrance exam are as follows: Biotechnology Technician 18 Pharmacy Technician 18 Business Administration 18 3* Medical Assistant 18 Foreign students unable to obtain documentation of their education must also meet the above requirements and also have satisfactory English comprehension. Potential students will contact BioHealth College to make an appointment with an admission representative to get information on our courses and tour the facility. SIZE OF CLASSES There is a maximum of 25 students per instructor for each class. VA APPROVAL We are honored to be approved by California State Approving Agency for Veteran's Education to provide training under chapters 30, 35, 38, 106 and 1606 See bulletin for detailed information. TRANSFER OF CREDIT OUT Any students who would like to transfer credits from Biol-lealth College to another educational institution not affiliated with the school, upon request will be provided an official transcript and a course outline of the prOgram that they have completed. RULES AND REGULATIONS All students must abide by the following school rules: >9 Students must treat the administration, faculty and fellow students with respect. 3? Students must not abusive language. Student must be in attendance of the school at least 90% of the scheduled class hours. use Students are provided an opportunity to make up course work. Make up tests are given after school as arranged by the instructor. Tuition payments must be made as scheduled. DRESS CODE Students are not allowed to wear any shorts, tank teps, sandals or workout clothing. Failure to comply with any and/ or all of the above stated terms will be grounds for termination from the school. DRUG AWARENESS The VP of Education will explain the programs available in the area that specialize in the drug abuse treatment. He also will explain the problems associated with the use of drugs, and the legal and medical ramifications that can arise. Biol-lealth College is a drug free 12 workplace. Any student found using a controlled substance on campus or at any college sponsored activity is subject to immediate dismissal. PROCEDURE FOR PROBLEMS COMPLAINTS THAT DO NOT INVOLVE DISCRIMINATION For complaints of discrimination, refer to the Discrimination Complaint Procedure on page 4. Persons seeking to resolve other problems or complaints should first contact the instructor in charge. If you do not feel comfortable enough to seek help through the instructor students should take issues to the Vice President of Education. If the issue is still not resolved, requests for further action may be made to the President of BioHealth College. Unresolved directed to: complaints may be The State of California Bureau for Private Postsecondary Education P.O. Box 980818 West Sacramento, CA 95798-0818 Tel: (916) 574-7720 Toll Free: (888) 370-7589 Or ACCET 1722 N. Street, NW Washington, D.C. 20036 Tel: 202355-1113 Both BPPE and ACCET detailed complaint procedures are posted in each classroom. All information in the content of this catalog is current, true and correct and is hereby certi?ed as true by Sam Shirazi Sam Shirazi JEN) President/CEO Biol-Iealth College BioHealth College BioHeaIth College STUDENT COMPLAINT PROCEDURE FOR COMPLAINTS THAT DO NOT INVOLVE DISCRIMINATION Please see the school?s catalog, website or the President for Discrimination Policy and Complaint Procedures We here at Biol?lealth College are committed to providing quality continuing education in a productive environment. If you have any problems or suggestions please see below for the proper procedure. 1- If you have a problem or complaint please notify your instructor. 2- If you feel that your issue has not been resolved or if you do not feel comfortable discussing it with your instructor you may either obtain a student complaint form from. the front desk, ?ll it out and turn it in to a school official or you may come to the Vice President of Education directly to discuss your issue. 3- If you still do not feel that your issue has been resolved you may come directly to the President with your concerns. 4- If you have tried the above mentioned, and still do not feel that your issue has been resolved, you may write or call the state of California Bureau for Private Postsecondary Education or our accrediting agency, Accrediting Council for Continuing Education and Training. The State of California Bureau for Private Postsecondary Education 1625 N. Market Blvd. Suite 8-202 Sacramento, CA 95834 Tel: (916) 574-7720 Toll Free: (888) 370?7589 Or ACCET 1722 N. Street, NW Washington, DC. 20036 Tel: (202} 955-1113 2665 First Street, Suite 102 BioHealth College Tel: (408) 428-0208 San Jose, CA 95134 Fax: (408) 428-0218 ?at?N Biol-lealth College DISCRIMINATION POLICY DISCRIMINATION COMPLAINT PROCEDURE Non-discrimination Policy: BioHealth College is dedicated to equal opportunities and nondiscrimination regarding admissions, policies, programs offered and employment regardless of race, color, national origin, ancestry, religion, creed, physical or mental disability, medical condition, age, sex, marital status, sexual orientation, or any other basis protected by federal, state, or local law, ordinance or regulation. Both students and BioHealth College employees are prohibited from engaging in discrimination and harassment, including sex discrimination, and sexual harassment. Harassment Policy: Biol-lealth College is dedicated to providing an educational and work environment that is free from fear, intimidation or hostility. Therefore, Biollealth College maintains a strict policy prohibiting unlawful harassment, including sexual harassment and harassment because of race, color, national origin, ancestry, religion, creed, physical or mental disability, medical condition, age, sex, marital status, sexual orientation or any other basis protected by federal, state or local law, ordinance or regulation. This policy prohibits harassment in any form including verbal, physical, and visual harassment and applies to all BioHealth College students, employees and agents. Students are encouraged to report incidences of harassment to college administration. Designated Employee: Dr. Sam Shirazi, President, is the person responsible for insurance of compliance with Title IX requirements responding to complaints of sex discrimination sexual harassment. The President is also the person responsible for ensuring compliance with laws prohibiting discrimination and harassment on the other bases described in the Non-discrimination Policy and the Harassment Policy, including responding to complaints on those bases. Dr. Shirazi is available on campus Monday Friday or he can also be reached at: (408) 428-0208 extension 209 sam@biohealthcollege.edu Discrimination Complaint Procedure: The following lists the procedures for students, to ?le a discriminatiOil/harassment complaint against another student, an employees, or third party, including a sex discrimination or sexual harassment complaint: Anyone who wants to ?le a complaint is enc0uraged to bring the complaint directly to the President, Dr. Sam Shirazi. Employees who receive complaints from students or who observe discriminatory or harassing conduct against students should inform the President immediately. 2665 First Street, Suite 102 BioHealth College Tel: (408) 428-0208 San Jose, CA 95134 Fax: (408} 428-0218 Biol-tealth College The President will hear and document the complaint= including all allegations, persons involved and time and date of complaint. The complainant has the right to ?le a formal complaint without first attempting informal resolution of her/his allegations. The President will investigate said complaint thoroughly and without prejudice. Both parties will have the opportunity to provide information about witnesses and other evidence to be considered during the investigation. The President will reach a determination of whether discrimination/harassment occurred as to each allegation, using a preponderance of the evidence standard it is more likely than not that discrimination/harassment occurred). The President will take necessary action to ensure safety and COmpIiance with Title IX including any disciplinary action required, as well as other steps necessary to prevent recurrence of any discrimination/harassment and to correct its effects on the complainant and others, if appropriate. A complete report will be provided to all parties concerned as soon as possible, but no later than 30 working days from the date the complaint was ?led. The report will include: the outcome of the complaint, including whether or not discrimination/harassment was found to have occurred as to each allegation; and a description of the steps that have been or will be taken to remedy the effects of any discrimination and prevent its recurrence. The College prohibits retaliation against any individual who ?les a complaint or participates in an investigation. Allegations of retaliation are subject to the procedures and sanctions under the Nondiscrimination Policy and the Harassment Policy. The College will provide ongoing notice of the Discrimination Complaint Procedure in its campus publications and on its website, including locations to obtain a copy of the procedure. 2665 First Street, Suite 102 BioHealth College Tel: (408) 428-0208 San Jose. CA 95134 Fax: (-408) 428-0218 TO: File, 09~11-2027 FROM: Baenziger. CRA DATE: 7128/1 1 RE: Monitoring Audit Call On the above date, OCR spoke with the College President regarding the monitoring reports submitted on 6/13/11. OCR explained that it had provided written input on the Nondiscrimination Policy, Harassment Policy, and Complaint Procedures. We will send that input electronically, but also noted that the College needs to modify its Student Complaint Procedure and related notices, according to provision 4 of the Resolution Agreement. The President will review, and we will discuss later today. During the folldw?up phone call, the President agreed to the proposed changes to the policies and procedures. He also agreed to modify the Student Complaint Procedure and related notices. He will report on these changes, and will project when the policies and procedures will be published in the Catalog and on the College?s website. Baenziger, Julie From: Baenziger, Julie Sent: 7 PM To: .- Subject: 6l13I11 monitoring report Attachments: Discrimination Complaint ProcedureOCR inputdoc Good afternoon, As we just discussed, here is the suggested input on the poiicies and procedures. I look forward to speaking with you at 3:15pm. Thank you, Julie Baenziger .n emit/ms. ?l BioHealth College NON-DISCRIMINATION POLICY DISCRIMINATION COMPLAINT PROCEDURE Non-discrimination Policy: Biol-lealth College is dedicated to equal opportunities and nondiscrimination regarding admissions. policies. programs offered and employment regardless of race. color. national origin. ancestry, religion. creed, physical or mental disability. medical condition, age. sex, marital status. sexual orientation, or any other basis protected by federal. state, or local law, ordinance or regulation. Both students and Biollealth College employees are prohibited from engaging in discrimination and harassment. including sex disoriminationH-neluding and sexual harassment. Harassment Policy: Biol-Icalth College is dedicated to providing an educational and work environment that is free from fear, intimidation or hostility. Therefore, Biollealth College maintains a strict policy prohibiting unlawful harassment. including sexual harassment and harassment because of race. color, national origin. ancestry. religion, creed. physical or mental disability, medical condition. age. sex. marital status, sexual orientation or any other basis protected by federal, state or local law. ordinance or regulatiOn. This policy prohibits harassment in any form including verbal. physical. and visual harassment and applies to all Biol lcalth College students. employees and agents. Students are encouraged to report incidences ofharassment to college administration. Designated Employee: Dr. Sam Shirazi. President. is the person responsible for insurance ol'compliance with Title IX requirements responding to complaints of sex discrimination Jsexual harassment. 1m; isa .so..thc 991321.}. teams b.1911?: discrimination and harassment on the other-bases described in the Non-discrimination Policiand the i?IQdeSInenl Policy. including rcsoondingto complaints on those bases. Dr. Shirazi is available on campus Monday Friday or he can also be reached at: {408) 428-0208 extension 209 Discrimination Complaint Procedure: The following lists the procedures for both-students to tile a complaint against another student. an paniesyg?ipgludingon??lmg a s._t.1disorimination or sexual including-sexual harassment: - Anyone who wants to file a complaint is encouraged to bring the cemplaint directly to the President. Dr. Sam who :c_e_i1ew?omplaints from who observe discriminatory or haga?ssimonduct should inform _tl3_e Presidentiminrentals. involved and time and date a tonne! complaint without ?rst attempting informal resolution _of herihis allegations. 2.665 First Street, Suite 102 Bio?calth College Tel: (408) 428-0208 San Jose, CA 95134 t-?ax: [408) 428-0213 11.; Bioitealth Cottage -_The President will investigate said complaint thoroughly and without prejudice. Both parties will have the onoonunitv to provide information about witnesses and other evidence to be considered during the investigation. - T_he President will reach a determination of whether discriminationiltarassment occurred 3 ?Thc President wiil take necessarv action to ensure safety and compliance with Title 1X including any disciplinary action required; as tithe} mango}; to preV ent recurrence of am discrimination/?haiassment and to correct its effects on the complainant and others. ii?appropriatc. complete report will be provided to all parties concerned as soon as possible. but no later than 30 VVorkine daVs from the date the complaint was ?led. The report will include: the 011199311921. the complaint. including whether or not discriminationlharassment was found to Jim occut red as to each allegation: and a description ofthe steps that time been OI VV ill be takent remedv the etiects ofanV' discrimination and nrevent its recurrenCe; The College prohibits retaliation against anv ?indiVidual ho tiles a complainto or palici gates in an im estigation. Allegations oi retaliation are subiect 110 the pr?oceduws and sanctions under the Nondiscrimination Policv and the Harassment PolieV'. - The College will nI'OV-ide ongoing notice oi'the Discrimination (iontnlaint Procedure in its camgus p. ublications and on its website. including locations to obtain a 00th of the Ergchurct 2665 First Street, Suite 102 Biolicatth College Tel: (408] 428-0208 San Jose. CA 9513-! Fax: (408] 428-0218 -- Formatted: Font: (Defauit) Times New -f Formatted: Font: {Default} Tunes New Formatted: Font color: Black - Formatted: Indent: Left: No buliretso Roman, Not Bold LRoman, Not Bold numbering Baenziger, Julie From: Baenziger1 Julie Sent: Wednesda Jul 27 2011 9:08 AM To; I Subject: Monitoring Good morning, i received your voicemail this morning, because I have had to be out of the office unexpectedly for the past 2 days. I apologize for the delay in responding to the draft policy and complaint procedure. I hope to be able to review it by the end of this week, or early next week. Given the additional time that it has taken for me to review the monitoring report, i would propose that we change the next reporting dates to September 1 instead of August 1. Is that workable for you? Thank you, Julie Baenziger Baenziger, Julie From: Sam Shirazi Sent: Monday, June 13. 2011 2:15 PM To: Baenziger, Julie Subject: Discrimination Complaint Procedure Attachments: Discrimination Complaint Proceduredoc Hi Miss. Beanziger Attached you will find the draft of Discrimination Complaint Procedure. wouid you Please review this Procedure before we publish this in our School's Catalog, Web site, Orientation Package and Class Rooms. Thank you so much and have a great day. Sam Shirazi mm BioHealth College POLICY DISCRIMINATION COMPLAINT PROCEDURE Non-discrimination Policy: BioHealth College is dedicated to equal opportunities and nondiscrimination regarding admissions, policies, programs offered and employment regardless of race, color, national origin, ancestry, religion, creed, physical or mental disability, medical condition, age, sex, marital status, sexual orientation, or any other basis protected by federal, state, or local law, ordinance or regulation. Both students and BioHealth College employees are prohibited from engaging in sex discrimination, including sexual harassment. Harassment Policy: BioHealth College is dedicated to providing an educational and work environment that is free from fear, intimidation or hostility. Therefore, BioHealth College maintains a strict policy prohibiting unlawful harassment, including sexual harassment and harassment because of race, color, national origin, ancestry, religion, creed, physical or mental disability, medical condition, age, sex, marital status, sexual orientation or any other basis protected by federal, state or local law, ordinance or regulation. This policy prohibits harassment in any form including verbal, physical, and visual harassment and applies to all BioHealth College students, employees and agents. Students are encouraged to report incidences of harassment to college administration. Designated Employee: Dr. Sam Shirazi, President, is the person responsible for insurance of compliance with Title IX requirements responding to complaints of sex discrimination sexual harassment. Dr. Shirazi is available on campus Monday Friday or he can also be reached at: (408) 428-0208 extension 209 sam@biohealthcollege.edu Discrimination Complaint Procedure: The following lists the procedures for both students, employees and third parties on ?ling a discrimination complaint on the basis sex including sexual harassment: - Anyone who wants to file a complaint is encouraged to bring the complaint directly to the President, Dr. Sam Shirazi. - The President will hear and document complaint, including allegations, persons involved and time and date of complaint. The President will investigate said complaint thoroughly and without prejudice. President will respond to complainant within 3 business days on ?ndings of investigation. - The President will take necessary action to ensure safety and compliance with Title IX including any disciplinary action required. - A complete report will be provided to all parties concerned. 2665 First Street, Suite 102 BioHealth College Tel: (408) 428-0208 San Jose, CA 95134 Fax: {408) 428?0218 UNITED DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS REGION 1X October 7, 2011 (In reply, please refer to case no. 09-11-2027.) Dear On May 11, 2011, a designated representative signed a Resolution Agreement on behalf of BioHealth College to resolve compliance concerns identified by the US. Department of Education, Office for Civil Rights (OCR), during its investigation of the above?referenced complaint. This letter summarizes monitoring of the College?s implementation of the Resolution Agreement. The College agreed to: modify its nondiscrimination policy; designate an employee responsible for coordinating compliance with Title IX requirements; develop and publish a discrimination complaint procedure; modify its general student complaint procedure; and provide effective notice of these policies and procedures on an ongoing basis. The College submitted monitoring information to OCR on June 13, July 28, July 29, and September 2, 2011. OCR reviewed this information and determined that the College has fully implemented each provision of the Resolution Agreement. Accordingly, the monitoring phase of the resolution process is being closed as of the date of this letter. The College is being informed of this action by concurrent letter. OCR appreciates your cooperation during the resolution process. If you have any questions, please contact Julie Baenziger, the OCR staff person assigned to the case, at (415) 486-5502 or me, at (415) 486?5555. Sincerely, Arthur Zeidman Office Director 50 BEALE ST.. SUITE 7200. SAN FRANCISCO, CA 94205 The Department of Education ?3 mission is to promote student achievement and preparation for global eompditiveness by fostering educational excellence and ensuring equal access. UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS - REGION IX May 13, 2011 Sam Shirazi, President BioHealth College 2665 North First Street, Suite 102 San Jose. CA 95134 (In reply. please refer to case no. Dear President Shirazi: The US. Department of Education, Office for Civil Rights (OCR), has completed its investigation of the above-referenced discrimination complaint concerning BioHealth College. The complainant alleged that the College discriminated against herr1 on the basis of sex. OCR investigated whether the Coileoe failed to respond and effectively to the complainant?s allegations that sexually harassed her by sexually assaulting her in tall 201 U. OCR investigated the complaint under the authority of Title lX of the Education Amendments of 1972 and its implementing regulation. Titte IX prohibits discrimination on the basis of sex in education programs and activities operated by recipients of Federal ?nancial assistance. The College receives funds from theDepartment and is subject to Title IX and the regulation. OCR gathered evidence through interview with the female friend of the complainant?s, the College President, and OCR also reviewed documents submitted by the complainant and the College, including documentation of the College's internal investigation, documentation of the complainant?s criminal complaint, and documentation of the complainant?s request for a restraining order. OCR did not reinvestigate the allegation of sexual harassment because it had already been investigated by the College and the resolution met OCR standards. However, OCR identified severe! areas of noncompliance regarding the College?s written non- discrimination policies and procedures. On May 11, 2011, the College agreed to resolve these areas of noncompiiance through a Resoiution Agreement. The applicable legal standards, the facts gathered during the investigation, and the reasons for our determination are summarized below. 1 OCR notified the College of the identity of the complainant when the investigation began. We are withholding her name from this letter to protect her privacy. 50 BEALE ST.. SUITE 7200. SAN FRANCISCO, CA 94105 .30v The Dvpan?mem of Education ?3 Mission is to promorc student achievement and preparation for global competitiveness by fostering educations! cxcechce and aqua} access. Page 2 (09-11-2027) Legal Standards The regulations implementing Title IX, at 34 C.F.R. ?106.31, prohibit discrimination based on sex by recipients of Federal financial assistance. Colleges are responsible under Title IX and the regulation for providing students with a nondiscriminatory educational environment. Sexual harassment is unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment of a student can result in the denial or limitation, on the basis of sex, of the student?s ability to participate in or receive education benefits, services, or opportunities. On April 4, 2011, the Department?s Assistant Secretary for Civil Rights issued a Dear Colleague Letter2 clarifying that sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title lX. "the letter explains colleges? obligations to respond to sexual harassment and sexual violence. A college is not directly responsible for sexual harassment of a student by an employee if the conduct occurred outside the context of the employee?s job responsibilities. However, under Title IX and the regulations, if a college knew or reasonably should have known about this type of harassment, it is responsible for determining what occurred and taking appropriate steps to resolve the situation. OCR evaluates the appropriateness of the responsive action by assessing whether it was prompt, thorough, impartial, and effective. What constitutes a reasonable response to harassment will differ depending upon circumstances. However, in all cases the response must be tailored to step the harassment, eliminate the hostile environment if one has been created, and address the problems experienced by the student who was harassed. The college must also take steps to prevent the harassment from recurring, including disciplining the harasser where appropriate. In addition, the Title IX regulations establish procedural requirements that are important for the prevention and correction of sex discrimination, including sexual harassment. These requirements include issuance and wide distribution of a policy against sex discrimination (34 C.F.R. 106.9), and adoption and publication of grievance procedures providing for the prompt and equitable resolution of complaints of sex discrimination (34 CPR. OCR examines a number of factors in evaluating whether a college's grievance procedures are prompt and equitable, including whether the procedures provide for the following: notice of the procedure to students and employees, including where to file complaints; application of the procedure to complaints alleging harassment by employees, other students, or third parties; adequate, reliable, and impartial investigation of complaints, including the opportunity to present witnesses and other evidence; designated and reasonably prompt timeframes for major stages of the complaint process; notice to the parties of the outcome of the complaint; and an assurance that steps will be taken to prevent recurrence of any 2 A copy of the Dear Colleague Letter may be found at ue-201 1-O4.html. Page 3 (09-11-2027) harassment and to correct its discriminatory effects on the compiainant and others, if appropriate. The regulations also require that recipients designate at least one employee to coordinate compliance with the regulations, including coordination of investigations of complaints alleging noncompliance, and to publish the name or title and contact information of the designated employee (34 CPR. Pursuant to Section 110(a) of its Case Processing Manual, OCR will not reinvestigate a complaint allegation if the same allegation has been filed and resolved through a recipient?s internal grievance procedures, and the resolution meets OCR regulatory standards; all allegations were investigated, appropriate legal standards were applied, and any remedies scoured OCR's standards. Since the College had already conducted an internal investigation of the complainant?s allegations when she filed her OCR complaint, the focus of our investigation centered on assessing whether the College?s response met reguiatory standards. This included a review of the College?s written policies and procedures as well as the steps that it took to investigate and resolve the complainant?s internal complaint of sexual harassment. Factual Summarv The College is a private postsecondary institution that offers focused career oriented training in BioTechnology, Pharmacy Technology, Medical Assisting, and Business Administration. it currently enrolls 167 students. College Policies and Procedures At the time of the OCR investigation, the College had two publications that were used to notify students of its policies and procedures-?the College Catalog and a document that was distributed at student orientation entitled Rules and Regulations. The College Catalog included a nondiscrimination provision, which prohibited discrimination on the basis of sex.3 The Rules and Reguiations document stated under Student Conduct that sexual harassment by students was prohibited. Neither this document nor the Catalog notified students that sexual harassment of students by employees and administrators was prohibited. The nondiscrimination provision was not posted on the College?s website. The College reported to OCR that you (hereafter the President) were the individual designated to ensure compliance with Title lX, and to investigate complaints of sex discrimination, including sexual harassment. However, neither the Catalog, the website, nor the Rules and Regulations document identified the President as the College's Title IX coordinator, or provided his contact information in that regard. 3 OCR noted that the nondiscrimination clause stated that "no special services are provided for handicapped students." OCR provided the Coliege with technical assistance regarding its obiigation under the reguiations implementing Section 504 of the Rehabilitation Act of 1973 to provide necessary academic adjustments and auxiliary'aids to students with Page 4 (09-11-2027) The College had a general Student Complaint Procedure (Complaint Procedure) which was posted in each classroom and was included in the Catalog but not on the website. it did not specify that it applied to discrimination complaints, including sex discrimination/harassrnent. The Complaint Procedure stated that if a student had a problem or a complaint, s/he should notify the instructor. If the issue was not resolved by the instructor, or if the student did not feel comfortable discussing it with the instructor. the student could either submit a student complaint form to a school officialdiscuss the issue. It the issue was not resolved by the Vice President of Education the student could go to the President. if the issue was not resolved by the President, the student was advised to contact the California Bureau for Private Postsecondary and Vocational Education, or the Accrediting Council for Continuing Education and Training (ACCET). The Ccmpiaint Procedure included no timelines; did not describe an adequate, reliable, and impartial investigation; did not provide for notice to the complainant of the outcome of an investigation; and did not provide an assurance that steps wouid be taken to prevent recurrence of any harassment found and to correct its discriminatory effects. The Student Complaint Form was available in the administration office. This form was very general, and did not reference that it applied to discrimination/harassment complaints. The Coliege also submitted a copy of its Empioyee Handbook (Handbook), stating that it was distributed to each employee when hired. The Handbook contained Standards of Conduct for employees, and had a list of examples of actions that were considered to be unacceptable and grounds for disciplinary action, including termination. This list included sexual harassment, and "close personal relationship or fraternization with students." This document was not distributed to students. The Handbook included a Policy against Harassment, which specifically prohibited sexual harassment and focused on harassment in the workplace between employees. College employees were required to underoo a Sexual Harassment Proupniinn Traininn Workshop on a regular basis. (bxorb) (MC) The materials describing me training noted that It tocused on sexual harassment in the workpiece. it did not cover sexual harassment against students by employees. Background - - 6. 7 The complainant enrolled in an emht-monthibx "(bx College in April 2010 I-?revrous to her enrollment at the Coile through They also had Page 5 (09412027) . . . . . (hm common acquaintan es D7urng the time period relevant to the complaint, she was (W) years old and he was {m Documents generated by the College?s internal investigation and/or the complainant?s subsequent criminal and civil complaints and reviews indicated the following. a) I Beginning in September 2010, the complainant and began having freq (erg cont: ct. in September, their contacts included visits in office over coffee, roviding the complainant with rides home, and The complainant stated that these contacts were initiated by maintained that they were initiated by the complainantcontinued, and the complainant and gf?j'gj?jm had em era-l meals together off?campus, rl-kr-u- nlnr-uunrl ??rst in nrvl'nhor 90411 ??10 Affine Uicf?l'c \Ju Lllut NI Av 3v, uuv vullvv including lunches out and inners at They aiso drove together from on two occasions, including one overnight at the house of 3 Wm Again, the compla'nant maintained that each of these contacts and ?6me stated that hey were all initiated by the complainant. Accor mg to the complainant, glint)? had sexual relations with her without her consent four *imes during this period. She described these incidents as sexual assault. confirmed that they had sexua relations on two occasions, but stated that the sex was consensual. On October 23? the complainant invited? ?to dinner. The compiainant stated that she accused 1im of forcin himself on er and told him that she no longer wished to see him. In contrast, yawn) stated that during dinner the complainant began talking of marriage and a future together; when he suggested that they should have a cooling-off period darticuiarly because of their age difference, she became upset and left. On October E21 2010, two days after the dinner, - security camera recorded the complainant bringing two cups of coffee into _office and staying several minutes. The complainant reported to OCR that on Octobeig' 2010, she told a female friend what had been going on between her and This was the first time the complainant spoke to anyone about her allegations of sexual harassment. They discussed reporting the situation to the police, and filing a sexual harassment complaint with the Coliege. Both indicated to OCR that they did not know how to proceed with filing an internal complaint with the College. They could not find information about sexuai harassment in the College Catalog, so the female friend consulted with her counselor who told her that such issues should be addressed to the President. internal Compiaint and investigation On NovemberEZOtO the complainant and her female friend met with the Presi ent. and told him at the complainant wanted to file a complaint against The participants in this meeting had different recollections . . -- amount of detail the complainant provided regarding her interactions with? However, all three agreed that the complainant said had sexual relations with her against her will Page 6 - (09-11?2027) (7 (C . . when she went to (WW The also agreed that the President reacted with shock and anger; he stated that there was a strict policy against satf any student fraternization and that, if what the complainant had reported was true, would be fired. He asked why the complainant had not reported the incidents eariier, and why she had not contacted the police. She responded that she did not know that she was supposed to. The President informed the complainant that he would conduct an investigation, and would meet with her after its conclusion. He advised the complainant that in the meantime he would handle all of her school matters, and that she would not have to go to grant?) for anything. The President told OCR that he began his investigation by interviewing confirmed that he had been seein" the ccmpiainant off-campus in a mutual relationship that included sexual relations, but denied that he had ever acted without the complain nt's consent. He indicated that the complainant had initiated their contacts gem?) toid the President that he believed that the complainant had filed the complaint against hi be ause she perceived that he hadwre'ected her when they went to dinner 0? October $159,? 010- The gym") that he would be suspended during the investigation, and he took Coilege keys. By letter dated Novembe 2010, the day complaint was made, the President issued a Formal Notice 0 uspensimnw it stated that on November-the complainant fiied a compiaint against ?rm? or sexual harassment, anjgb?e was a serious allegation and required a detailed investigation. It noted that exam?) suspended from his duties effective immerctiataly, pending the outcome of the investigation. This document remains omplaint file. The President reported to OCR that he continued his investi ation wing postings from the complainant's :acebook page, traveling to iand interviewing interviewing an instructor at .e 7 0 had approached feoardln? the complainant's frequent contamith 956??) i speaking with whose office was next door to about what she had it Wand rewewmg availabie security He also visited 2(8) from which the complainant ha and the restaurant where the complainant and had dinner on Octoberm 2010, to inquire what the proprietors had observed about the parties' conduct. The information 'from these investigative activities was documented by the President; the information did not support the complainant?s allegation of non-consensual relations or sexualassauh. The President met with the complainant and her female friend on Novembe 2010. He outlined the steps that he had taken to investigate the matter, and stated that he had concluded that it was a mutual relationship. The comp inantard the female friend told OCR that the President suggested the complainant call to straighten things out. The President denied making such a statement. in addition, both the complainant and the friend confirmed that the President again told the complainant that she should not Page 7 (09-11-2027) have to deal for anything. and that if she needed anything at the College she should come to only him personally or to the Placement Director. The complainant and her female friend confirmed to OCR that during the meeting the PresiWFted that he was angry that the whole situation had happened, and stated that? .X i? had broken school policy regarding fraternizing with students. He told the complainant that he would put the results of his investigation in writing. letters dated November 2010, the President informed the complainant and (MC) of his response to the complainant's internal complaint. The ietter to me complainant stated that, although the alleged conduct took place off of Coliege premises, the College took the accusation seriously. The letter noted that the College II #1 non rnini?ir?nnhin nr Frn+nrniwn+inn nuiHa Th5 had a poiic against a close persona. . . V. ?mountains? mu. amounts. mo President explained that he suspended groom until his investigation was complete. The President stated that his investio tion led him to conclude that the relationship between the complainant and was consensual, and that the complainant was the motivating force in the relationship. The President stated that he interviewed and he described the other information he reviewed. He concluded that- violated the College?s standard of conduct, but that the circumstances did not Justify termination. He stated that ould be disciplined appropriately. He noted that the complainant should consult appropriate law enforcement authorities for questions of a criminal nature. met?) The letter 38; 4 noted that had been on leaie absence Since November 010, and was to report back to work on November ESQ It stater? that the investigati ound that there was an intimate retationship between 5356?? and the complainant, but that she was the motivating force in the relationship. it further stated that the President found that the relationship took place off of College premises, and did not find aw eviden "e that the relationship resulte from unwanted physical or mental force from The letter stated thatI??f?WD iad violated the College Standard of Conduct that the President did not find that the conduct rose to a level requiring that (C) be terminated, but warned him that any further violation of the rule against fraternization with students, on or off an pus, would result immediate termination. This letter remains in ?bx personnel file. Criminal and Civil Charges On Novembe-ZO?lO, nt filed an initial poiice report stating that she had been sexually assaulted by, i off campus on a number of occasions. The Police Department interviewed the Complainant's female friend on November-2010, and interviewed the complainant on I-Icember The District Attorney declined to press criminal charges againsti In addition, the complainant filed for a permanent restraining order against -in civil court. The request for the restraining order was denied. 4 A cepy of this letter was provided to OCR by the complainant, as well as by the College. Page 8 - (09-11-2027) Complainant?s Academic Program As of Nevember'2010, the day after she made her complaint to the President, the complainant successfully completed the course of study fo She earned an academic award and recognition for a grade point average of The complainant's attendance record from September throuoh the end of October 2010 indicated that she was absent on one day, This absence occurred prior to any alleged sexual behavior on the part of (bm?bm Her grades for the three courses that spanned August through October-were A, and Pass. ?hr?m?htl ?nr hour I ?l?ll? ?ll?l?lu II II I The College provides its graduates with placement services such as job search training and counseling, resume writing, mock interviews. distributing resumes to potential employers, and informing graduates of job openings in the field. Graduates are also allowed to take refresher courses at the College if there is room in the particular class. The complainant tol OCR that she did not feel that th mkudmmoi (bxoibxrxo (emote) On 2010, the Placement Director calied the complainant to get an update on her job?search efforts. Both she and the complainant reported to OCR that the complainant inquired about retaking a refresher course at the College. and the Placement Director told the I The lacement unecm: lUlU uun mat wnen sne made this telephone call on Decemberggiw 2010, she was unaware of the nature of the allegations that the complainant had made about! She stated that if she had known this at the time she would have never told comp ainant land that. in the future, she would refer any such request from the complainant directly to the President. She also indicated that she would meet with the complainant either offsite or in another arm at the liege $51k The President told OCR that the complainant requested to be allowed to oarticiate in the graduation ceremony for her female friend?s class that took piece on? and this request was granted. Each student was provided the tn spea at the graduation, Page 9 (09-11-2027) Compliance Determination With respect to the procedural requirements of the Title lX regulations, OCR found that the College did include a notice of nondiscrimination on the basis of sex in its CataIOg and Handbook. However, this notice was not included on the College's website. in addition, neither the Catalog, the Rules and Regulations, the Handbook, nor the website Specified that sexual harassment of students by College employees was prohibited. Accordingly, OCR found that the College has not fully complied with the requirements of 34 CPR ?106.9. OCR further noted that while the College designated the President as its Title lX H- rut-l rsn+ nrd-i?u urn-J n?F {'hir? and uuvruunutv: u. UIU IIUL LAIIU ul urn-.1 uvoiuzluuvu ullu contact information through its Catalog, Rules and Regulations, Handbook, or website. OCR therefore determined that the College has not complied with the requirements of 34 CPR. In addition, OCR found that the College has not adopted a grievance procedure providing for the prompt and equitable resolution of student complaints of sex discrimination, including sexual harassment. The College?s Complaint Procedure, while published through a notice in the Catalog and posting on campus, did not meet Title IX regulatory requirements for a number of reasons. The Complaint Procedure did not specify that it applied to discrimination complaints, including sex discrimination/harassment. The Complaint Procedure required students to attempt resolution with several College employees, and then referred students to outside agencies if the complaint was not resolved. it included no timelines; did not describe an adequate, reliable, and impartial investigation, including a determination of whether discrimination occurred; did not provide for notice to the complainant ot the outcome of any investigation; and did not provide an assurance that steps would be taken to prevent recurrence of any harassment found and to correct its discriminatory effects. OCR therefore determined that the College has not complied with the requirements of 34 CPR. - As noted above, OCR will not reinvestigate a complaint allegation if the same allegation has been filed and resolved through a recipient?s internal grievance procedures, and the resolution meets OCR regulatory standards. OCR found that the College's response to the sexual harassment allegations reported by the complainant met these standards. The College responded apprOpriately by investigating the complaint even though all of the alleged harassment occurred off campus. The College's response was prompt; the results were reported to the complainant within two weeks after she complained to the President. The College took strong interim action by suspending during its investigation, and advised the complainant that she could direct any scnooI-related business to other individuals on campus. it provided the complainant with the opportunity to present evidence, and to be accompanied by her friend for support during meetings discussing the complaint. The College conducted a thorough investigation, including documented interviews with a number of individuals, visits to three different Page 10 (09?11202?) off~site locations that were related to the allegations, and review of security tapes. in reaching his decision, the President weighed the credibility of all the witnesses and took into account the totality of the circumstances. He reviewed the College's findings and decision with the complainant verbally, issued a written decision to the complainant, and Wimpy of the decision and warning against further fraternization with students in personnel file. In reaching its decision, the College took into consideration the effects of the situation on the complainant?s educational opportunities and benefits, and determined that the complainant was academically successful during the time period at issue, had perfect attendance, and graduated with awards. Taking ail this information into account, OCR determined that it would not reinvestigate the underiying allegation of sexual harassment and assault, or reexamine the College's conclusion de novo, and finds that the Coilege is in compliance with Titie EX requirements with respect to its response to the complainant's allegations. Resolution On May 9, 2011, OCR discussed its findings with you. On May 11, 2011, you signed the attached Resolution Agreement. OCR determined that the actions outlined in the Resolution Agreement, when fully implemented, wilt address the areas of noncompliance identified during the investigation. OCR wiil monitor the College?s implementation of the Resolution Agreement. This concludes the investigation phase of resolution process. OCR is informing the complainant of these ?ndings by concurrent letter. This letter is a letter of findings issued by OCR to address an individual OCR case. Letters of ?ndings contain fact-specific investigative findings and dispositions of individual cases. Letters of findings are not formal statements of OCR policy and they should not be relied upon, cited, or construed as such. formal poiicy statements are approved by a duly authorized OCR office and made available to the public. OCR appreciates the courtesy and cooperation extended by you and your staff during the investigation. If you have any questions, please contact Julie Baenziger, the OCR staff-person assigned to the case, at (415) 486-5502 or me, at (415) 486?5555. ry Beth McLeod Team Leader Sincerely, Enclosure 1268? BloHealth Colle? Resolution Agreement BioHealth College 09-11-2027 Biol-lealth College (College) agrees to take the following action in order to resolve the above-referenced complaint filed with the US. Department of Education, Of?ce for Civil Rights (OCR). 1) Non?discrimination Policy. The College will modify its nondiscrimination policy to specify that both students and College employees are prohibited from engaging in sex discrimination, sexual harassment. The College will provide ongoing notice of this modified policy in campus publications (such as its Catalog and student Rules and Regulations) and on its website. 2] Designated employee(s). The College will provide ongoing notice in campus publications and on its website of the title, location on campus, telephone number, and email address of the individual(s) it has designated to be responsible for coordinating compliance with Title ix. requirements, including reSponding to complaints of sex discrimin ation/sexual harassment. 3) Discrimination Complaint Procedure. The College will develop and publish a Disorimination Complaint Procedure applicable to allegations of discrimination on the basis of sex, including sexual harassment, that includes: a. notice of the Procedure to students and employees, including where to ?le complaints; b. application of the Procedure to complaints alleging discrimination, including harassment, by employees, other students, or third parties; c. the right to file a formal complaint without ?rst attempting informal resolution; d. an adequate, reliable, and impartial investigation of complaints by trained personnel, including an opporturiity for both parties to provide witnesses and other evidence; e- designated and reasonably prompt timeframes for major stages of the complaint process; a determination of whether discrimination/harassment occurred as to each allegation, using a preponderance of the evidence standard it is more likely than not that sex discrimination/harassment occurred); 05/12/2011 THU 11:37 NO 75771-002 7 - {3.3 May 12 11' 11:26a' Biol-leallh Coile g. an assurance that the College will take steps to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate; h. written notice to both parties of: i- the outcome of the complaint, including whether or not discrimination was found to have occurred; ii- a description of the steps that have been or will be taken to remedy the effects of any discrimination and prevent its recurrence; and any appeal that the College provides. i. provision for ongoing notice of the Procedure in campus publications and on the website, including locations to obtain a copy of the Procedure. 4) Student Complaint Procedure. The College will modify its Student Complaint Procedure and related notices to clarify that complaints of sex discrimination, including harassment, will not be processed under that procedure and instead will be processed under the Discrimination Complaint Procedure deveIOped under provision 3) above. The College understands that OCR will not close the monitoring of this Agreement until OCR determines that the College has ful?lled the terms of this Agreement and is in compliance with the regulations implementing Title lX, at 34 CFR sections 106.8 and 106.9, which were at issue in this case- Regorting: By June 15, 2011, the College will provide OCR with draft modi?cations to its policy and complaint procedure in accordance with provisions 1. and 4. of this Agreement. Incorporating input, the College will finalize the policy and procedure by July 15, 2011, and will provide OCR final c0pies. By July 1, 2011, the College will provide OCR with a draft of its discrimination complaint procedure, in accordance with provision 3. of this Agreement. Incorporating input, the College will ?nalize the procedure by August 1, 2011, and will provide OCR with a final copy. By August 1, 20121, the College will provide OCR with copies of, and/or electronic links to, its revised publications and website information that summarize the policies and prOCedures, in accordance with provisions of this Agreement. 05/12/2011 THU 11:37 N0 75771-003 May 12 1 ?r ?l 1:276 Bio Health p4 The College understands that by signing this Agreement, it agrees to provide data and other infOrmation in a timely manner in accordance with the reporting requirements of this agreement. Further, the Coliege understands that during the monitoring of this Agreement, if necessary, OCR may visit the College, interview staff and students, and request Such additional reports or data as are necessary for OCR to determine whether the College has fulfilled the terms of this Agreement and is in compliance with the regulations implementing Title I): that were at issue in this case. Sam Shirazi, President BioHealth College 5/11/17 Date 05/12/2011 THU 11:37 N0 75771-004 Requested Documentation Page I of 1 Baenziger, Julie . . 6. 7 From: Sam ?bx Sent: Monday, February 28, 2011 12:22 PM To: Baenziger, Julie Subject: Requested Documentation Dear Ms. Baenziger, Thank you for your time on Friday. Under the circumstances, I enjoyed talking with you. Enclosed you will ?nd all the additional documentation you requested. 1 also scanned my notes (i hope that you can read them) and included the typed summaries. I would also like to draw your attention to the complaint procedures printed in the catalog on page 11. Please call me if you have any questions or if you need any additional information. Sincerely, Sam Shirazi 2/28/201 1 College Philosophy 82: History Page 2 College Accreditation Page 3 Facilities Page 3 Approval Disclosure Statement Page 3 Class Start Dates Page 3 State of CA Tuition Recovery Fund Page 3 School Business Hours and Holidays .. Page 4 Non-Discrimination Clause Page 4 Admission Requirements and Procedures Page 4 VA Approval Page 4 Credit for Previous Training or Experience Page 5 Conduct Policy Page 5 Tuition and Fees Page 5 Method for Collecting Delinquent Fees Page 5 Housing Page 5 Progress policy Page 5 Grade Average Required to Remain in School Page 5 Satisfactory Progress and Maximum Time Allowed Page 6 Counseling Service Page 6 Practice and Make-up Time Page 6 Early Completion Page 6 Conditions for Termination for Unsatisfactory Progress Page 6 Table of C0 tsent - - wagwmm Conditions for Re-Entrance after Dismissal Page 6 Description of Probationary Period 6 Appeal Process Page 6 Attendance Policy Page 6-7 Tardies Early Departure Page 7 Leaves of Absence Page 7 Conrse Completion/ Graduation Page 7 Placement Page 7 Students Tuition Payment Methods and Fee Schedule Page 8 Cancellation Refund Policy Page 8-9 Financial Aid Page 9-10 Student Records Page 10 University Affiliations Page 10 Transfer of Credit Out Page 11 Rules and Regulations Page 11 Dress Code Page 11 Drug Awareness Page 11 Problems Complaints Page 11 Biol-Iealth College Faculty and Advisory Board Members Page12 Biotechnology Technician Program Page13-15 Pharmacy Technician Program Page?i 6-18 Business Administration Page19-20 Medical Assistant Program Page21-22 Pricing Addendum Page 23 Class Schedule for 2010 Page 24 BioHealth College Philosophy I Welcome to BioHealth College, The mission here at BioHealth College is to prepare you for a competitive, satisfying, great paying career earning the respect you deserve through quality continuing education. We provide course programs designed to provide the student with the necessary tools required to successfully enter the Biotech, Medical, and Business Industries. BioHealth College?s learning approach is hands-on and job related. With our state-of-the-art equipment and instructors who care, your success will be our SUCCESS. Learn Tomorrow?s Medical technology today. We look forward to working with you. Sam Shirazi President/CEO HISTORY BioHealth College was founded in 2003 with the vision of training individuals to enter the high demand ?eld of Health Science. Our programs are designed to meet industry standards in biotechnology, medical and life science businesses. ix) ACCREDITIATION Biol-lealth College is accredited by the Accrediting Council for Continuing Education 8: Training. 1722 N. Street, NW Washington, DC. 20036 Tel: 202-955-1113 Fax: 202-955-1118 ACCET is listed by the U. S. Department of Education as a nationally recognized accrediting agency. CLASS START DATES Classes are scheduled on the basis of enrollment. (Please refer to page 24 for class start dates.) All scheduling information (class schedules or revisions) will be announced to current students in advance. Classes are in session through out the year and start approximately every month depending on the program chosen. STATE OF CALIFORNIA STUDENT TUITION RECOVERY FUND FACILITIES Biol-{ealth College is located in the heart of Silicon Valley, at 2665 First Street, Suite 102, San Jose, CA 95134, housed in a modern, air conditioned office building. BioHealth College occupies approximately 12,000 square feet, which houses nine labs and three classrooms in addition to the administrative and clerical areas. The equipment consists of pc/ mac computers, network hardware and printers. Other items that are utilized include medical instruments such as an examination table, blood pressure devices, microscopes, compounding hoods, and biotechnology laboratory equipment including PCR and so forth. APPROVAL DISCLOSURE STATEMENT Biohealth College Inc. was granted an institutional approval from The State of California?s Bureau for Private Postsecondary Education, pursuant to California Education Code Section 94311. The Bureau?s approval means that the institution and its operation comply with the standards established under the law for occupational instruction by postsecondary educational institutions. Institutional approval must be re-approved every three years and is subject to continuing review. The Student Tuition Recovery Fund (STRF) was established by the Legislature to protect any California resident who attends a private postsecondary institution from losing money if you prepaid tuition and suffered a financial loss as a result of the school closing, failing to live up to its enrollment agreement, or refusing to pay a court judgment. To be eligible for STRF, you must be a ?California resident? and reside in California at the time the enrollment agreement is signed or when you receive lessons at a California mailing address from an approved institution offering correspondence instruction. Students who are temporarily residing in California for the sole purpose of pursuing an education, specifically those who hold student visas, are not considered a ?California resident? To qualify for STRF reimbursement you must file a STRF application within one year of receiving notice from the Bureau that the school is closed. If you do not receive notice from the Bureau, you have four years from the date of closure to file a STRF application. If a judgment is obtained you must file a STRF application within two years of the final judgment. It is important that you keep copies of the enrollment agreement, financial aid papers, receipts or any other information that documents the monies paid to the school. Questions regarding the STRF may be directed to the following: Bureau for Private Postsecondary Education P.O. Box 980818 West Sacramento, CA 95798?081 8 Phone: 6) 574-7720 Web site: E-mail: --. . SCHOOL BUSINESS HOURS AND HOLIDAYS ADMISSION REQUIREMENTS AND PROCEDURES BioHealth College is open Monday- Friday only. Our offices are open to the public from 8:00am to 6:00pm. We are open from 8:00am to 10:00pm for the students only. Day classes are scheduled from 8:00am to 1:00pm and Evening classes are scheduled from 6:00pm to 10:00pm, Monday-Friday. Biol-Iealth College will be closed for the following holidays: Martin Luther King Ir. B-day President's Day Memorial Day Independence Day Labor Day Veteran?s Day Thanksgiving Day the day after December 24th - January 4th All students Will be notified if there are any changes. \17 \f NON-DISCRIMINATION CLAUSE BioHealth College will not tolerate any sort of discrimination. Students are admitted, trained and referred for employment Without regards to race, color, creed, handicap, national origin, sex, political affiliation, or belief. No special services are provided for handicapped students. However, doors, hallways, payphones, and restroom facilities are in compliance with standards for access to handicapped persons existing at the time of construction or installation. Please feel free to Visit the campus to determine its adequacy to your special needs. Please express any additional assistance you might require to the Vice President of Education who will attempt to assist you in every way possible. When you apply for admission here at BioHealth College, you should have a sincere desire to acquire the knowledge and have a strong urge to want to intake the skills needed to pursue a career in: Biotechnology Technician Pharmacy Technician Business Administration Medical Assistant The admission requirements BioHealth College has for potential students are: you must be 18 years of age, you must have a high school diploma 0r equivalent, and Show the ability to benefit. The ability to benefit will be determined by a personal review with one of our admission representatives and by passing the school?s administered entrance exam. The minimum scores for passing the entrance exam are as follows: 3" Biotechnology Technician 18 Pharmacy Technician 18 Business Administration 18 3* Medical Assistant 18 Foreign students unable to obtain documentation of their education must also meet the above requirements and also have satisfact0ry English comprehension. Potential students will contact BioHealth College to make an appointment with an admission representative to get information on our courses and tour the facility. SIZE OF CLASSES There is a maximum of 25 students per instructor for each class. VA APPROVAL We are honored to be approved by the Department of Veteran?s Affairs to provide training under chapters 30, 35, 38, 106 and 1606 - See bulletin for detailed information. CREDIT FOR PREVIOUS TRAINING OR EXPERIENCE Credit for previous education may be granted to students who can provide official transcripts from an accredited college or a private college approved by the state of California (BPPE) along with a course outline prior to starting the program not to exceed 3 modules. The student should have passed the course With a grade of 80% or better. The VP of Education wili review the transcripts and outline to determine if the program content is comparable to the class being challenged. If it is determined to be acceptable credit then the student will not have to take that module and the tuition along with the books and supplies for that module will be deducted from the total cost of the program. Credit for previous experience will be granted provided that the student can pass the final exam for that module with a grade of 75%. or better. The right to examine and determine the point of entry and the amount of credit to be awarded is reserved by the school. There are no fees for credit transfer. Students who are not awarded any credit may appeal this decision by writing a letter to the President of the school. The President will review the case with the appeals committee and respond with an answer to the student within 5 business days. provocative or obscene will not be permitted in the school. Students are also required to keep their individual work areas clean. TUITION AND FEES Tuition, fees and supplies will be found on the current addendum which is located on the back page of the catalog. METHOD FOR COLLECTING DELINQUENT TUTION Students are counseled before their graduation, if an amount is due, a payment schedule is arranged. If the student does not follow payment guidelines, after 90 days his or her account is turned over to the corporation's collections agency. HOUSING Biol-lealth College does not provide or list housing facilities because the school is located in an area where adequate housing is readily available. PROGRESS POLICY CONDUCT POLCY Students shall at all times, when on school premises, conduct themselves in an orderly and considerate manner, and shall appear for classes in a sober and receptive condition. Violation of this condition is just cause for dismissal. Any student observed under the influence of alcohol or drugs will be terminated from the school. Apparel that is indecent, suggestive, Grading System: Biol-Iealth College?s grading system for each class is as follows: GRADE VALUE POINTS A 4.0 90% - 100Below 60% Pass Credit Given A credit of indicates that additional course work needs to be submitted to complete the module and must be turned in within 30 days of the end of that module. GRADE AVERAGE REQUIRED TO REMAIN IN SCHOOL An average grade of 70% or better in each module must be obtained to be eligible for a diploma or certificate. SATISFACTORY PROGRESS MAXIMUM TIME ALLOWED CONDITIONS FOR TERMINATION FOR UNSATISFACTORY PROGRESS For continued enrollment, students must maintain a cumulative Grade Point Average (GPA) of 2.0 or better and maintain 75% of attendance or better. To maintain satisfactory progress and eligibility of Title IV and/ or any discretionary funds. If the GPA falls below 2.0, the student is placed on academic probation, and has to repeat the module. The student has 30 days to complete the course work or receive an (Failed) which is 0 credits, and will be added to their GPA and may result in termination. The maximum time frame may not exceed 150% of the published length of all the programs offered by BioHealth College. When the grade average of a student is unsatisfactory for a current module, the student will be placed on probation. If during the next two modules, the student?s grade average is still unsatisfactory, the student will be terminated. CONDITIONS FOR RE-ENTRANCE AFTER DISMISSAL Re-entrance will be approved only after evidence is shown to the President and education committee that conditions which caused the termination for unsatisfactory progress have been rectified. Students participating in Title IV funding must meet eligibility requirements for funding in order to be granted re-entry. The student will then be placed on probation for 30 days. COUNSELING SERVICE Students who need help with an academic 0r personal problem should contact the Vice President of Education. PRACTICE AND MAKE-UP TIME Practice make-up refresher time is available between 3:00pm-5:00pm, Monday- Friday. Every hour of make-up time is equal to one hour of missed time. Make-up time must be completed Within 30 days of time missed. The instructor has to approve and sign the make-up time Slip. During make-up time students have the opportunity to make up any work missed. EARLY COMPLETION Students may, on occasion (by challenging a module), complete requirements for a program in less time than is indicated in the catalog. No refund is made for early completion. Electives may be substituted for courses' from which a student had been exempt, with approval of the President. DESCRIPTION OF PROBATIONARY PERIOD Any student who is placed on academic/ attendance probation has 30 days to bring themselves to satisfactory progress. If the student fails to attain satisfactory progress and grades during this period, he/ she will be terminated from school and will not be eligible for re-admission. APPEAL PROCESS Students who are terminated for failure to maintain satisfactory academic progress may appeal for reinstatement by written petition to the President and Vice President of Education. The appeals process can begin one week after termination. BioHealth College will respond to the appeal Within 5 working days. ATTENDANCE POLICY Students are expected to attend class regularly, arriving to the class on time and remaining in class until dismissed. Since attendance and punctuality are integral parts of the work environment, our objective is to prepare graduates for that environment. Class attendance will be reported and recorded each day. To remain in good standing, the student must be in attendance at least 75% of each module. Any student who accumulates absences of over 25% (or 5 days in a module) of their schedule classes is subject to suspension from their classes and placed on probation. To be removed from probation, the student must prove their ability to maintain their attendance and stay current with class. Students must have a minimum of 75 ?36 attendance in order to graduate. Students who miss 11 consecutive days will be automatically withdrawn. TARDIES EARLY DEPARTURES Students are expected to be in class on time and remain in class until class is over. Twenty minutes after the scheduled start of class is a tardy and leaving twenty minutes or more before class is over is an early departure. Four tardies early departures equal one absence and Will be reported to the attendance office. complete the program that he or she began prior to the leave of absence. 4. The institution must approve and document the approval of the leave of absence request. 5. There are no additional charges to the student as a result of the leave of absence. 6. Student?s participating in Title IV funds (Financial Aid) must understand that a leave of absence might effect eligibility and a student's failure to return from a leave of absence may change the student?s loan repayment term, including expiration on scheduled grace period. 7. An approved leave of absence may be extended for an additional period of time provided that the extension request meets all of the above requirements, and the total length of the leave does not exceed the maximum time limit and/ or reentry into the program aligns with the sequence and scheduling of class work for the student?s program required to continue their studies. Regular attendance and continuity of information are essential for successful completion. A leave of absence is a temporary interruption of a student's program. Students may be granted a leave of. absence for unforeseen circumstances which include: Family, medical, death, jury duty, military, employment. 1. A student must request the leave of absence in writing in advance of the beginning date of the leave, and specify a reason for the leave unless unforeseen circumstances prevent the student from doing so. 2. The leave of absence is limited to 90 calendar days in one enrollment period. 3. The student must understand the procedure and implementation for returning from leave of absence to COURSE Upon successful completion of a course of instruction, the student will be awarded a diploma. Successful completion of a course is based on a grade average of 70% or better and attendance of 75% or better. Students who do not complete their prOgram may request a certificate for individual classes completed. Pharmacy Technician and Medical Assistant students must complete 120 hours of externship to be eligible for graduation. PLACEMENT Upon successful completion of training, students are eligible for placement assistance. BioHealth College cannot, by law, guarantee employment. The Placement Director of the school assists students in finding employment by maintaining contact with employers and participation in related professional organizations. STUDENTS TUITION PAYMENT METHODS AND FEE SCHEDULE All tuition and fees can be paid in advance or on a basis according to the total duration of the course; otherwise students will make arrangements with the financial office prior to starting. Payment options include: Cash, Check, Credit/ Debit card, Financial Aid, WIA and other tuition sponsorship programs. In the event an applicant is allowed to have certain courses waived as described under the section ?Credit by Examination (Challenge) or Transfer of Credit?, the educational tuition will be calculated on a pro-rata basis. A service charge of $25.00 for all returned checks is applicable. There is a one time registration, tuition and supplies fee. There are no other fees except in the event of circumstances mentioned above. CAN POLICY 1. You have the right to cancel this agreement for a course of instruction including any equipment such as books, materials and supplies or any other goods related to the instruction offered in this Agreement, until midnight of the fifth business day after the first class you attended. Business day means a day on which you were scheduled to attend a class session. 2. Cancellation shall occur when you give Written notice of cancellation at the address of the School shown on the front page of this catalog. You can do this by mail, hand delivery or telegram. The written notice of cancellation, if sent by mail, is effective when deposited in the mail and properly addressed with postage prepaid. . The written notice of cancellation need not take any particular form and, however, expressed, it is effective if it shows that you no longer wish to be bound by your enrollment agreement. You will be given a Notice of Cancellation form to use during your Orientation or first day of class, but you can use any written notice that you wish. . If the School has given you any equipment, including books or other material, you shall return it to the School within 30 days following the date of your notice of cancellation. If you fail to return this equipment, including books, or other materials, in good condition, within the 30-day period, the School may deduct its documented cost for the equipment from any refund that may be due to you. Once you pay for the equipment it is yours to keep without further obligation. . If you cancel your agreement, the School will refund any money that you paid, less any deduction for equipment not timely returned in good condition, within 30 days after your notice of cancellation is received. . Students who have not visited the school facility prior to enrollment will have the opportunity to withdraw without penalty within three days, following either the regularly scheduled orientation procedures or following a tour of the school facilities and inspection of equipment. . If the program is cancelled by the school or if a student is rejected or if a student no shows never starts their program, they will receive a full refund. STATE PRO RATA REFUND CALCULATION FINANCIAL AID Under a state pro rata refund, the school calculates refund based on the total numbers of hours remaining to completion when that student withdraws on or before the 60% point in time in the period of enrollment. If a student completes more than 60% of the program they are not entitled to a refund: Example: Assume that a student, upon enrollment in a 720 hour (32 weeks) program that costs $6,400 for tuition, $75 for registration fee, and $325 for books and supplies, as specified in the enrollment agreement, and withdraws after completion 240 hours without returning the books and supplies he/ she obtained. The state pro-rata refund to the student would be $4,267 based on the calculation stated below. If the student returns the books and supplies in good condition within 30 days following his/ her withdrawal, the school shall refund the charge for the books and supplies paid by the student. Amount . RegistrationRefund? Paid for F96 . . . Amount $6,475 $75 Student paid Actual refund ($6,475 tuition+ for 720 of amount $75 reg. fee) Instruction If the student returns the books and supplies in good condition, allowing for reasonable wear and tear, the actual refund to the student would be $4,592 You may be entitled to a refund should the school close through the Student Tuition Recovery Fund. However, if you are a Non~California resident you will not be eligible for the student recovery fund. Financial aid is available for those who qualify based on financial need. BioHealth College offers FFEL, Direct loans and PELL grants to qualified students. It is emphasized strongly, to all who do qualify for Title IV loans, that they be repaid per term of the loans and should students withdraw at any time during the scheduled school term, the refund policies in this catalog shall apply. RETURN OF TITLE IV Return of Title IV Policy Biol-lealth College uses the Federal Return of Title IV funds formula (R2T4) which dictates the amount of Federal Title IV aid that must be returned to the federal government or the lending institution by the school and or the student. The federal formula is applicable to an eligible student receiving federal aid when that student Withdraws on or before the 60% point in time in the period of enrollment. If a student does not begin training, the R2T4 formula does not apply. Student Withdrawals For official Withdrawals a student's withdrawal date is the date the school received notice from the student that they are withdrawing. If no notice is received, a student's withdrawal date is their last day of attendance. The school?s determination that a student is no longer in school for unofficial withdrawals is determined by non attendance for a period of two weeks. The federal formula requires a Return of Title IV calculation if the student received or could have received (based on eligibility criteria) federal financial assistance in the form of Pell Grants, Stafford Loans or Plus loans and Withdraws on or before completing 60% of the payment period. The percentage of Title IV aid earned is equal to the percentage of the payment period that was completed as of the withdrawal date if this occurs on or before the 60% point of time. The percentage that has not been earned is calculated by subtracting the percentage of Title IV aid earned from 100%. The percentage of the payment period completed is calculated by the hours scheduled in the period of enrollment as of the Withdrawal date divided by the scheduled hours in the payment period. The amount to be returned'is calculated by subtracting the amount of Title IV assistance earned from the amount of Title IV aid that was or could have been disbursed as of the Withdrawal date. If a student receives less Title IV funds than the amount earned, the school will offer the student a disbursement of the earned aid that was not received at the time of their withdrawal which is a post withdrawal disbursement. Post withdrawal disbursements will be made from Pell grant funds first if eligible. If there are current educational costs still due the school at the time of Withdrawal, a Pell grant post Withdrawal disbursement will be credited to the student?s account. Any Pell grant funds in excess of current educational costs will be offered to the student. Any federal loan program funds due in a post withdrawal disbursement must be offered to the student and the school must receive the student?s permission before crediting their account. 10 'w The following Title IV refund distribution is used for all FA students due a refund: 1. Unsubsidized Federal Stafford Loan 2. Subsidized Federal Stafford Loan 3. Unsubsidized Direct Stafford Loan 4. Subsidized Direct Stafford Loan 5. Federal PLUS Loan 6. Direct PLUS Loan 7. Federal Pell Grant Refunds will be made to the federal programs within 45 days of the student?s last day of attendance. The statute requires that a student is responsible for all unearned Title IV program assistance that the school is not required to return. This is determined by subtracting the amount returned by the school from the total amount of unearned Title IV funds to be returned. STUDENT RECORDS The information in the student files is confidential. A student may View the information contained in his her file at any time. The college requires a signed release if the student wants information released to anyone other than appropriate governmental funding agencies. UNIVERSITY AFFILIATIONS Biol-Iealth College is proud to announce affiliations with the University of Northern California, Kaplan University and Fredrick Taylor University. These universities are willing to accept all units included in BioHealth College programs as transferable credit units for students, continuing their education by studying Bachelor 0r Masters Degrees at these universities. To transfer Out from BioHealth College, the school offers official transcripts, guidance counseling, and course outline along with a breakdown of credit to be awarded by the above named institutions. TRANSFER OF CREDIT OUT Any students who would like to transfer credits from BioHealth College to another educational institution not affiliated With the school, upon request will be provided an official transcript and a course outline of the program that they have completed. RULES AND REGULATIONS All students must abide by the following school rules: Students must treat the administration, faculty and fellow students with respect. 39 Students must not use abusive language. Student must be in attendance of the school at least 75% of the scheduled class hours. Students are provided an opportunity - to make up course work. Make up tests are given after school as arranged by the instructor. Tuition payments must be made as scheduled. DRESS CODE Students are not allowed to wear any shorts, tank tops, sandals or workout clothing. Failure to comply with any and/ or all of the above stated terms will be grounds for termination from the school. DRUG AWARENESS The VP of Education will explain the programs available in the area that specialize in the drug abuse treatment. He also will explain the problems associated with the use Of drugs, and the legal and medical ramifications that can arise. Biol-lealth College is a drug free workplace. Any student found using a controlled substance on campus or at any college sponsored activity is subject to immediate dismissal. Persons seeking to resolve problems or complaints should first contact the instructor in charge. If you do not feel comfortable enough to seek help through the instructor students should take issues to the Vice President of Education. If the issue is still not resolved, requests for further action may be made to the President of Biol-Iealth College. Unresolved directed to: The State of California Bureau for Private Postsecondary Education P.O. Box 980818 West Sacramento, CA 9579841818 Tel: (916) 574-7720 Toll Free: (888) 370-7589 Or ACCET 1722 N. Street, NW Washington, D.C. 20036 Tel: 202-955-1113 Both BPPE and ACCET detailed complaint procedures are posted in each classroom. complaints may be 11 All information in the content of this catalog is current, true and correct and is hereby certi?ed as true by Sam Shirazi Sam Shirazi President/CEO BiOHealth College BioHealth College Biol-lealth College IS legally controlled by Biol-lealth College Inc. A California corporation established in San Jose, CA. Stockholder: Sam Shirazi Dr. Sam Shirazi Seyed Mir Susanna Martinez Tabassum Javed Fred Perleschi John White Edmon Yafai Cheryl Comiskey Claudia Galiegos Maria Gonzalez Gladys Valenzuela Dr. Zara Minassian Dr. LiIi Banihashemi Dr. Krassi Pentcheva BloHealth College Faculty Staff President/ CEO Business Administration Vice President of Education, BA Educational MS Business Information Financial Aid Director Financial Aid Officer Admissions Director Admissions Advisor Admissions Advisor Business Administration Director Placement Director Placement Advisor Reg-ish'ar Medical Assistant Instructor Medical Doctor - Internal Medicine Biotechnology Technician instructor Microbiology Medical Assistant Instructor Medical Doctor Dr. Carol Coloma Biotechnology Technician Instructor Agriculture and Biotechnology Cindy Nguyen Pharmacy Technician Instructor, Pharmacy Board Certi?ed Lisa Padilla Pharmacy Technician Instructor, Pharmacy Board Certified Biotech Business Management Instructor Ph. 0- Education Dr. Fred Dalili Joe Tavasoili Biotechnology Technician Instructor BS Engineering Harkiran Singh Biotechnology Technician Instructor BS - Biotechnology Neha Chaud?hari Biotechnology Technician Instructor MS - Pharmacy Riddhi Patel Biotechnology Technician Instructor MS - Biology Cindy Yin Biotechnology Technician instructor BS - Genetics }asmine Rios Business Administration Instructor Lisa Cunningham Business Administration InstructOr Jamie Son Administrative Assistant The AdVISory Board Members Mr. Bruce Filsuf Dr. Houm an Novrabakhsh Mr. H. Khossravvi Ms. Dawn Afshar Dr. Shadi Farhangrazi 12 Hospital, Liverpool UK President Infinity Health Search Biotechnology Department Manager Stanford University President California Tax Advisory Senior Clinical Research Scientist Genentech Executive Director of the Institute for Advancement of Science Education and Public Policy BIOTECHNOLOGY TECHNICIAN The Technician Curriculum prepares the students to work in the bioscience industry in the areas of research and development, quality systems. production. Clinical testing and diagnostic work. Potential employers include biotechnology and pharmaceutical companies as well as clinical laboratories in hospitals. universities. govemment and independent settings. As the biotechnology industry expands. more people will be needed to train new workers and manage bioscience facilities. Biotechnology technicians perform experiments and assays. manufacture products and assist with research using a variety of technical skills. The purpose of the program is to provide the students with the theory and hands-on experience necessary for an entry-level position as a Biotechnology Technician. Specific job functions may include responsibility for testing procedures, product manufacturing. material processing, monitoring and record keeping. equipment maintenance. inventory control. inspection techniques and use of standards for quality assurance. collection and evaluation of data and assisting with research. Technicians also observe and document safe practices. communicate and document information. - I The student must be at least 18 years of age and have a high school diploma or GED and pass the entrance exam of BioHealth College to enroll in this program. Cellihxlacxmmo 23 Pan-.izimrori 'wmu. PROGRAM LENGTH Days: 25 hours per week for 30 weeks. 0 Total number of hours: 730 hours. 57 Quarter Credit Hours Evenings: 20 per week for 37 weeks. 0 Total number of hours: 730 hours. 57 Quarter Credit Hours PROGRAM CONTENTS MODULE 1 100 hours Basic Chemistry and Math Students will be learning Introduction to Chemistry and Biochemistry. review of small molecules, naming elements and learning the terms and functions of atoms. protons, neutrons, electrons and many more. This module also includes basic math, such as addition, multiplication, subtraction, division, and fractions. MODULE 2 100 hours Introduction to Cell and Molecular Biology This module teaches molecular evolution, cell theory, microscopy, cell structure. plasma membrane, biologically important organic molecules, energy, enzymes, catabolism, anabolism, autotrophic metabolism. information ?ow in the cell (protein genetic change, biotechnology, cell growth and reproduction and the chemical properties of life. l4 MODULE 3 100 hours Computer Business Applications Software In this module students are familiarized with Microsoft Of?ce MS Word and commands such as edit. format, print, save and basic micros to create reports. You will also be learning Microsoft Excel to create spreadsheets, cells, rows, and columns and how to enter numbers and tables and create simple formulas. MODULE 4 100 hours Foundation of Biotechnology and Genetic Engineering This module includes an overview of the origin and development of biotechnology and the bioscience industries. It also includes the study of cell growth, and medical and food products. This course will examine how genes work and how they can be manipulated and cloned. Topics include DNA and protein genetic engineering, and DNA ?ngerprinting. MODULE 5 100 hours Introduction to Bioinformatics In this module you will be introduced to UNIX program and applications, literature search. databases. comparison. homology, alignments, sequences, primer design, patterns, phylogenetic studies and protein structures. MODULE 6 100 hours Biotechnology Laboratory This module will instruct you in light microscopy. aseptic/sterile technique. calibration/use of pH meters. calibration/use of mieropipettes. use of balances. preparation of reagents/buffers. measurement, centrifugation, spectrophotometry-vis. microbiology plating, culturing. staining. enumeration. hemacytometer counting. Chromatography paper/TLC/(iC/l (theory). NA The Fingerprint of the 21st Century 15 MODULE7 100 hours Biotechnology Advanced Laboratory In this module students are taught electrophoresis - SDS PAGE/Agarose. protein detection and purification. protein assay using Bradford Assay. ELISA. DNA isolation and puri?cation. restriction digestion, southem blot (theory). PCR. DNA ?ngerprinting, general skills. math skills. standard curves. dilutions. computer skills. spreadsheets. graphing, teamwork. ethics, oral presentation of data. safety practices, familiarity with proper documentation/laboratory records and notebook standards. MODULE 8 30 hours Career Development/Job Preparation The students will be preparing for job writing interviews. and job developing. resume PHARMACY TECHNICIAN The Pharmacy Technician curriculum includes pharmacy theory, laboratory instruction, clinical instruction and clinical experiences in area pharmacies. The pharmacy technician program prepares the student for entry-level positions assisting the pharmacist in his or her practice, as well as other positions described in this section. The Pharmacy Technician is skilled in the practical and mechanical aspects of pharmacy practice, assisting in the various activities of inventory management, compounding and dispensing of medications. Such duties include. but need not be limited to: maintaining patient records. retrieving and packaging medication doses, ?lling and distributing, maintaining inventories of drug supplies and mixing of parental ?uids. The role of the Pharmacy Technician, and professionals working within the pharmacy environment, continues to grow and change. Today, Pharmacy Technicians work in any number of phannacy environments, such as HMO pharmacies, hospital pharmacies, private and retail pharmacies and urgent care or multi-specialty clinic pharmacies. The purpose of this program is to provide the student with the theory and hands-on experience necessary for an entry-level position as a pharmacy technician capable of working in any pharmacy environment. PREREQUISITES The student must be at least 18 years of age and have a high school diploma or GED and pass the entrance exam of BioHealth College to enroll in this program. l6 PROGRAM LENGTH Days: 25 hours per week for 30 weeks. 0 Total number of hours: 750 hours. 55 Quarter Credit Hours Evenings: 20 hours per week for 38 weeks. 0 Total number of hours: 750 hours. 55 Quarter Credit Hours PROGRAM CONTENTS MODULE 1 100 hours Introduction to Pharmacy/Law An introduction to Pharmacy outpatient, inpatient, retail settings, storage, inventory control, packaging, labeling and distribution of drugs is learned. California and Pharmacy law is discussed in detail. . MODULE 2 100 hours Drug Distribution This module includes the nature, action and usage of drugs. Description. adverse reactions, contraindications. indications and dosage of administrative precautions of the drugs supplied are discussed. This also includes understanding the doctor?s orders and processing collection of billing medications. 17 MODULE 3 Pharmacology Students learn the use and effects of drugs commonly used to treat diseases affecting the different systems of the body. To achieve this, students must first master basic anatomy and o.hysioloy of the bod system. 100 hours MODULE 4 100 hours Admixture At the end of this module students should be able to understand various, different IV solutions. Students will also learn aseptic technique, proper preparation of [V?s and the calculation of various IV admixtures are learned. MODULE 5 100 hours Pharmaceutical Compounding The quality assurance, procedures to compound non-sterile pharmaceutical products is the focus of this course. It includes calculation of appropriate amounts of each ingredient and the correct pharmaceutical techniques. MODULE 6 100 hours Institutional Pharmacy This module discusses the technician?s role in assisting the pharmacist. Interpretation of various pharmacy pro?les is developed. The Drug Information Center. which provides information to different hospitals, is discussed. The students will also understand the medication administration Process and record keeping. MODULE 7 120 hours Pharmacy Externship Students will work at a pharmacy experiential learning site under the direct supervision of a pharmacist, performing the duties of a pharmacy technician through practical application of acquired skills and knowledge. MODULES 30 hours Career Development/Job Prepreation The students will be preparing for job interviews, resume writing and job development. l8 BUSINESS ADMINISTRATION The Business Administration program provides both technical and practical training. which will enable the office professional to function as a competent assistant to management staff. The program provides the student with the basic knowledge of and practice in computer skills. writing skills. computation skills. and computerized accounting. This course will prepare the certi?ed graduate to function. at an entry-level competency. as an administrative assistant to management staff. Training encompasses a thorough understanding of the duties, responsibilities. skills. and knowledge required of an administrative assistant. PREREQUISITES The student must be at least 18 years of age and have a high school diploma or GED and pass the entrance exam of BioHealth College to enroll in this program. PROGRAM LENGTH Days: 25 hours per week for 30 weeks. 0 Total number of hours: 720 hours. 54 Quarter Credit Hours Evenings: 20 hours per week for 37 weeks. 0 Total number of hours: 720 hours. 54 Quarter Credit Hours l9 PROGRAM CONTENTS MODULE 1 100 hours Introduction to Computer Skills/ Keyboarding In this module. students will be introduced to the fundamentals of computers. Windows XP. In addition. students will build keyboard speed and accuracy. Subjects covered include. but are not limited to The History of Microcomputers, How Microcomputers Work. and lnteracting with Your Computer. storing information in a Computer. Exploring Windows XP Desktop, Exploring Disk Organization. and Word-Level Key stroking practice. MODULEZ 100 hours Word Processing and Of?ce Skills In this module. students will become proficient in word processing and of?ce procedures. Some of the subjects that are covered are Producing and Printing Documents; Electronic File Organization. Applying Character. Paragraph and Document Formatting; Creating. Editing and Printing Tables; Working with Office 'l?eehnology: Communicating Effectively? Preparing Travel Arrangements: Assist in Meeting Preparation. MODULE3 100 hours Writing Skills In this module, students will become pro?cient in writing documents. The different subjects that are covered are identifying parts of speech; Composing Grammatically-correct Sentences. paragraphs and Documents; Proofreading Accurately; Developing Report Planning and Research Skills. MODULE4 100 hours Spreadsheet Skills In this module, students will become pro?cient in computerize accounting using Microsoft Excel spreadsheets. Some of the Subjects that will be covered include creating spreadsheet cells, columns and rows; Entering numbers and tables and creating simple formulas; Developing income statements and balance sheetsMODULES 100 hours Presentations and Business Math Skills In this module, students will become pro?cient in Microsoft PowerPoint and business math skills. Subjects covered include, but are not limited to: Creating, editing, presenting, saving and printing a presentation; Adding special features and animation to presentations. A 0le hi .A MODULE6 100 hours Records and Database Management Skills In this module, students will become pro?cient in Microsoft Access and records and data management. Some subjects that are covered include, but are not limited to: Analyzing your Data and turning Data into meaningful information. MODULE 7 100 hours Introduction to Web Development/Outlook In this module, students will become more proficient in Microsoft Outlook and organizing e-mail messages, schedules, tasks, notes, contacts and other information. Students will learn how to make basic web sites with Microsoft Front Page. MODULE 20 hours Career Development/ Job Preparation The students will be preparing for job writing interviews, resume and job developing. MEDICAL ASSISTANT This program is designed to accommodate today?s medical environment because Healtheare continues to have a need for skilled individuals, who can be involved with physicians? of?ces or clinics or hospitals. This program provides the students with the basic knowledge of and practice in computer skills. Medical Of?ce Procedures. Medical Terminology, Vital signs. Medical records and Insurance Laws. Insurance billing, Anatomy and Health Science. Pharmacology and Hematology among others. Through a combination of lectures and hands-on lab. students will learn and perform administration operations ofa medical assistant PREREQUISITES The student must be at least 18 years of age and have a high school diploma or GED and pass the entrance exam of BioHealth College to enroll in this program. PROGRAM LENGTH Days: 25 hours per week for 30 weeks. 0 Total number of hours: 750 hours. 56 Quarter Credit Hours Evenings: 20 hours per week for 37 weeks. 0 Total number of hours: 750 hours. 56 Quarter Credit Hours PROGRAM CONTENTS MODULE 1 Computer Software In this module students will be familiarized with Microsoft of?ce MS Word and commands such as edit. format, print, save and basic micros to create reports. Students will also be learning Microsoft Iixcel to create spreadsheets, cells. rows. and columns and how to enter numbers and tables and create simple formulas. 100 hours Business Applications Module 2 100 hours Medical Office Procedures In this module, students will become pro?cient in today?s Medical of?ce procedures. Subjects covered include, but are not limited to: Understanding of Administrative Medical Assistant. communication skills. maintenance of medical records, ?les. medical charts and reports, Telephone procedures, schedule and monitor appointments, Creating. maintaining, updating medical forms. receiving and sending of?ce communications. Of?ce Management Equipments and Medical Ethics and Liability. Module 3: 100 hours Medical Terminology In this module, students will become pro?cient in analyze the component parts of a medical term, De?ne pre?xes, suf?xes, and root words in building medical terms, correlate and use medical word components as proper, medical terminology, de?ne terms that apply to the structural organization of the body, body cavities and organs within those cavities, anatomical divisions of the body, and become acquainted with terms, which describe positions, directions, and planes of the body. Students also become acquainted with terms describing medical and health professionals, utilize medical vocabulary which describes pathological conditions that may affect the body system, utilize medical vocabulary which defines abnormal conditions of the body systems. Module 4: 100 hours Anatomy and Physiology In this module, students will become pro?cient in Human Anatomy and Physiology Subjects covered include, but are not limited to: Anatomical descriptions, ?indamental structure and functions of the nervous system, the senses, the muscular system, the respiratory system, the immune system, the circulatory system, the digestive system, the urinary system and many more. Module 5: 100 hours Health Science Students will learn about genetic disorders, cellular division, mutations, and importance of the body?s chemistry. Students will learn to identify diseases disorders of the circulatory system, the nervous system, the digestive system and more. Students will learn to identify tests utilized in diagnosing diseases disorders of different body systems. Module 6: 100 hours Clinical Medical Assisting In this module, students will become pro?cient in Medical back of?ce. Subjects covered include, but are not limited to: Preparing patients for examination, specimen collection, laboratory procedures, assisting with medications, emergencies, acute illness, diagnostic tests, obtaining vital signs Students will learn about general back of?ce safety measures. Module 7: 120 hours Medical Assisting Externship Students will work at a medical experiential learning site under the direct supervision of a supervising physician or other quali?ed medical professional, performing the duties of a clinical medical assistance through practical application of acquired skills and knowledge Module 8: 30 hours Career Development/Job Preparation The students will be preparing for job interviews, resume writing and job developing. Pricing Addendum Course Tuition Supplies Reg. Total Quarter fee . Credits. PhormocyTeChnicion $8,495.00 $300.00 $200.00 $8,995.00 55 Biotechnology Technician $9,420.00 $375.00 $200.00 $9,995.00 57 Business Administration $7,320.00 $475.00 $200.00 $7,995.00 54 MedicoIAssis?ron?r $9,345.00 $450.00 $200.00 $9,995.00 56 23 - Day Session Projected Graduation Dates Module Start Dates 730 hours 750 hours 01/05/10 08/06/10 08/12/10 02/04/10 09/03/10 09/10/10 03/08/10 10/05/10 10/11/10 04/05/10 11/02/10 11/08/10 05/03/10 12/03/10 12/09/10 06/02/10 01/10/11 01/14/11 07/01/10 02/09/11 02/15/11 08/02/10 03/11/11 03/17/11 08/30/10 04/08/11 04/14/11 09/29/10 05/06/11 05/12/11 10/27/10 06/06/11 06/10/11 11/29/10 07/06/11 07/12/11 Evening Session Projected Graduation Dates Module Start Dates 730 hours 750 hours 01/20/10 10/06/10 10/13/10 02/25/10 11/10/10 11/18/10 04/01/10 12/20/10 01/05/11 05/06/10 02/03/11 02/10/11 06/14/10 03/14/11 03/21/11 07/20/10 04/18/11 04/25/11 08/24/10 05/23/11 05/31/11 09/29/10 06/28/11 07/06/11 11/03/10 08/03/11 08/10/11 12/13/10 09/08/11 09/15/11 24 BioHealth College GENERAL INFORMATION ATTENDANCE: Your attendance is a critical part of your education and training. It is very important that you come to class every day and arrive on time. If for some reason (such as illness) you are not going to be in class or if you are running late, we ask that you call the school and let us know. BUILDING: We share this building with several other companies, including some government agencies. We do ask that you do not hang out or smoke in the front or directly in the back of the building. If you smoke please use the designated smoking area in the back left corner of the parking lot. PARKING: Please feel free to park in any parking space except in the spaces marked VISITOR. If you park in the visitor spot you may ?nd a sticker on your windshield that is almost impossible to remove. RIDE RAIL: The VTA Light Rail trolley system has a stop on Bonaventura, right in the front of the building, for those students who would like to take public transportation instead of ?ghting traf?c. BREAK AREA: There are two break areas, one upstairs and one downstairs. We ask that you please use common courtesy and clean up after yourself. Wash your own dishes and throw your garbage away. Please do not toss any food into the sink downstairs as there is no disposal and it will clog the sink up. REFRIGERATOR: BioHealth College has refrigerators in each break area that students are welcome to use. Remember to please take anything you have in the fridge home with you on Fridays as we empty it every Friday and everything that is left in it goes into the garbage. The computers are classroom tools. lnternet is only for class related usage. You will be required to print assignments at various times in your program. Please only print what you need for class. Improper usage of the internet and printing will NOT be tolerated. COMPLAINT PROCEDURES: The complaint procedures for students are posted in every classroom as well as in the school?s catalog. DRUG FREE ENVIRONMENT: Biol-lealth College is a drug free environment. Students are expected to be sober and ready to learn. Also, employers are drug testing potential employees more often than ever before. Some externship sites do as well. If you need help please contact the VP of Education for some treatment options. 2665 First Street, Suite 102 BioHealth College Tel: (408} 428-0208 San Jose, CA 95134 Fax: (408) 428-0218 ?h?a BioHealth College . . 6: .7 t. On November?l 2010 at approxnnately (bx mm entered my of?ce along liemand ng to have a meeting. I suggested that we could speak privately but she insisted tha stay stating ?she is like my mother?. Ihad a complaint he took advantage of me by forcing me to have sex. My questions to were. why did you not come to me sooner? Why did you go to his house? What did you think il? he made you uncomfortable in the car why would you go to his housethe authorities right away? Why did you wait 3 weeks? I told that I will open an investi ?ation and will get back to her within a few days. Her last day ol?sehool was NovemberiZOI 0. Tel: (408) 428-0208 2665 Suite 102 Biollealth College Fax: (408) 428-0218 San Jose. 95134 BioHealth College lle went on to say that she invited him to dinner Ion October and told him that she would like to get married and have chi] paid for dinner then she left. ren. 10(6): She got angry. 2665 Suite I02 Biollcalth College San Jose. 9Sl34 Tel: (408) 428-0208 Fax: (408) 428-0218 BioHealth College On Novemberl2010 I had a follow up meeting and I explained his side ofthe story without any cross questioning. She said that he should be fired! The only thing I asked was that when 1 had checked the school?s security camera I witnessed on tape myself her brining coffee to him that she had purchased or- Octobe git 2010 outside his of?ce door waiting to be let in. I asked why would you bring him eo?ee? She said she has no answer to that. I promise to Ia written respond in a few days and school will also take action against 2665 Suite 102 Biollcalth College Tel: (-108) 428-0208 San Jose. 95134 Fax: (408) 428-0218 BioHealth College . I also asked the lshe said Ilia-has been openly I Ishe said that constantly here and they never had any loud conversation or arguments. I answered the conclusion of mv investigation via letter and 2665 Suite Biollcallh (?ollcuc Tel: (408) 428-0208 San Jose. ?)5 34 Fax: (408) 428-0218 LawOf?ce Robert David Baker, Inc. Labor Employment Immigration Criminal Defense Se Habla Espa?ol February 28, 2011 BY EMAIL iulie.baenziger@ed.gov Julie Baenziger United States Department of Education Of?ce of Civil Rights 50 Beale St,, Suite 7200 San Francisco, CA 94105 case No. 0941122027 Dear Ms. Baenziger: Please ?nd the following information that you requested of BioHeaith College?s President, Sam Shirazi. Notice of Hearing of Temporary Restraining Order; Answer to Request for Orders to Stop Harassment (attached to this is the Declaration of hat you requested); Certi?ed Minute Order of exorbx?) (C) ldenying Motion for Temporary Restraining Order. Should you have any further questions, please do not hesitate to contact this of?ce. Very Truly Yours, Robert David Baker, Esq. Diczared But Not Reviewed 80 South White Road, San ose. California 95127 - Telephone (408) 251?3400 - Facsimile (408) 251-340] . attyatlaw@earthlink.net Page 164 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 165 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 166 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 167 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 168 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 169 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 170 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 171 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 172 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 174 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 175 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 176 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 177 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 178 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 179 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 180 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 181 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad 11:55 bitUlVJ? 1-33.; FUBLJUUH [?044 Law Of?ce Robert David Baker, Inc. Labor Employment Immigration Criminal Defense Se Habla E3par'zol February 23, 2011 BY FACSIMILE (415) 486?5570 Julie Baenziger United States Department of Education Of?ce of Civil Rights 50 Beale St, Suite 7200 San Francisco, CA 94105 Re: Case No. 09-11-2027 Dear Ms. Baenziger: . Please ?nd attached a COpy of the letter to regardmg the investigation by Sam Shirazi dated November 2010. This letter was inadvertently left out of the package sent to Ms. McLeod. Sincerely, ILegal Assistant to Robert David Baker, Esq. encloswe 80 South White Road, San Jose, California 95127 Telephone (408) 2513400 . Facsimile (408) 251-340[ . attyatlaw?earthiiakner 02/23/2011 Ir'iEl] 11:48 NU [@1002 Page 183 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 184 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Law Of?ce Robert David Baker. Inc. Labor Employment Immigration Criminal Defense Se Hub/u [ispufml us. Der: Je February 14, 201 11:37) 1 ,3 2m" BY US. FACSIMILE (415) 486?5570 Mary Beth McLeod United States Department ofEducation ()flice ofCivil Rights 50 Beale St., Suite 7200 San Francisco, CA 94105 Re: Case No. 09-11-2027 Dear Ms. McLeoad: This letter and the accompanying exhibits will respond to your letter of December 22, 2010 regarding the complaint ?led against BioHealth 6 7 ("011ch I The thrust of charges against Biol lealth College arise from a brief relationship she had with Biol lealth College?s ll ?Egg; terminated the relationship then fabricated . (bxexbxm) . . . charges of sexual harassment. filed a police report in which she claimed that she had been raped. No action has been taken on that police report. further brought a petition for a restraining . order against . 6. .7 l. lhat case was heard 0n (bx made allegations of rape against denied the restraining order, and in doing so, con'm'iented upon the merits of (bx?mxmc) allegations as being fanciful. 80 South White Road. San Jose. California 05127 - 'l?elcphone (4111i) 251-3400 Iiiacsimile (408) 251?3401 - I understand that your letter is directed to BioHealth College and the policies and procedures that are in place to prevent sexual harassment or any other type of discrimination. Therefore, the remainder of this letter will focus on your request. 1. Sam Shirazzi, President of BioHealth College is the person designated to ensure compliance with Title IX of the Education Amendments of 1972 and to investigate complaints of sexual discrimination and sexual harassment. Exhibit 1 is a copy of the Rules and Regulations that are distributed to students at orientation with the enrollment package. Under the section Student Conduct is the prohibition against sexual harassment. The Rules and Regulations further provide that ?all reports shall be submitted in writing, signed and dated by the student.? In addition, Exhibit 2 is a copy of the Student Complaint Procedure that is posted in each classroom and designates the Vice President of Education or the President as the reception point for any complaints. Exhibit 3 is a copy of the Student Complaint Form available to all students and employees in the administration of?ce of BioHealth College. 2. Exhibit 4 is a copy of the BioHealth College?s Employee Handbook, which is distributed to each employee at their hire, and each employee is required to Sign a receipt for the handbook. Pages 11 and 12 of the handbook set forth the BioHealth College policy against harassment of any protected type. In addition, each employee, whether managerial or otherwise, is required to undergo a Sexual Harassment Prevention Training Workshop on a regular basis- 3. See Exhibits 1?4 for documents relating to BioHealth College?s grievance procedure for student complaints of sexual discrimination and sexual harassment. BioHealth College is aware of its obligations with respect to preventing sexual harassment and other forms of discrimination. The above documentation clearly shows that BioHealth College has policies and . (bxomnxo procedures 1n effect to prevent sexual harassment. I trust that the accompanying documents will result in a termination by the Of?ce of Civil Rights of any further action in this matter. Should you need any further documents or questions answered, please do not hesitate to contact this of?ce. Very . Robert David Baker, Esq. Biol-{calm College _un Eilel?ealth College Rules and Regulah?ons SERVICES OF EDUCATEGNAL COUNSELOR An admission representative will talk to the students at the start of their program, and will go over their educational and career goals with them. This counselor or someone in the same capacity will be available to students through out the program to check on their progress and answer any concerns they may have. GRADING AND STUDENT ASSESSMENT Grading System: BioHealth College?s grading system for each class is as follows: GRADE VALUE POINTS A 4.0 90% - 100Below 60% Pass Credit Given A credit of indicates that additional course work needs to be submitted to complete the module and must be turned in within 30 days of the end of that module. An average grade of 70% or better in each module must be obtained to be eligible for a diploma or certi?cate. COURSE RETAKES You can retake a course for free as long as the comse is being offered and there is an available seat when the course starts. You will not get any new courseware and should use the courseware that you received originally. Airfare, hotel etc will be charged if applies. ATTENDANCE POLICY Students are expected to attend class regularly, arriving to the class on time and remaining in class until dismissed. Since attendance and punctuality are integral parts of the work environment, our objective is to prepare graduates for that environment. Class attendance will be reported and recorded each day. To remain in good standing, the student must be in attendance at least 75% of each module. Any student who accumulates absences of over 25% (or 5 days in a module) of their schedule classes is subject to suspension from their classes and placed on probation. To be removed from probation, the student must prove their ability to maintain their attendance and stay current with class. TARDINESS Students are expected to be in class on time and remain in class until class is over. Twenty minutes after the scheduled start of class is a tardy and leaving twenty minutes or more before class is over is an early departure. Four tardieslearly departures equals one absence and will be reported to the attendance office. DISMISSAL Even though the Educational reps try to screen the students to make sure they are technically suitable for the program they are registering for, from time to time we get students that need more basic training than what we offer. Usually either the student will approach us with this, or the instructor will determine that a particular student is not suited for the class. In these cases the student will be advised to take a more introductory course, if we offer it, or get a refund and leave the program. LEAVE OF ABSENCE Regular attendance and continuity of information are essential for successful completion. Students who ?nd it necessary to interrupt their training for medical or extraordinary reasons may be granted a leaveeof-absence. Rules and regulations 10f 2 1.23 .09 An Biol-leak]: College STUDENT CONDUCT There is a generally accepted definition of professional student conduct: behavior that re?ects favorably on the student, BioHealth College and the profession for which the student is training. Examples of unprofessional conduct include, but are not limited to: 0 verbal and physical altercations 0 lying, cheating, plagiarism 0 sexual harassment vulgar and offensive language or actions 0 threats of violence 0 possession of illegal drugs, being under the influence of?alcohol or-illegal drugs . any action that violates state or federal law or is a violation of policy in an extern or clinical facility. All students must conform to federal, state, and local laws. 'ihey must respect the rights of others and conduct themselves in a manner conducive to the educational purposes of Biol-lealth College. Certain activities are not considered appropriate to a campus, and are prohibited by the administration of BioHealth College. No smoking or eating is permitted in classrooms, halls or labs. Drinking or being in possession of or under the in?uence of alcoholic beverages or controlled substances on BioHealth College campuses is prohibited. A student may be suspended from training to allow Biol-lealth College to conduct an hivestigation, or to cooperate in the investigation conducted by law enforcement or other agencies it unprofessional or illegal behavior is suspected. BioHealth College will be the sole judge of the quality of evidence revealed during the investigation, and the sole judge of What constitutes unprofessional conduct. A student who is detennined by BioHeaIth College to have violated the standards of professional conduct will be terminated. GENERAL STANDARDS Safety from accidents is the responsibility of everyone. We strive for a safe environment for students, employees and visitors to the campus, and encourage you to comply with all safety standards: 0 Smoking is restricted to the designated outside areas; 9 Food, drink and their containers are restricted to the designated break areas; 0 Lab equipment is used only with instructor knowledge and supervision; and 0 Parking is limited to designated areas, with the expectation that students will follow the rules of safe, courteous driving. If you are injured, are aware of injury to another student, or are aware of a safety hazard on campus, this information should be reported to your instructor immediately. SUBSTANCE ABUSE BioHealth College maintains policies and standards regarding substance abuse as a way to prevent, identify and respond to their impact on your education; to provide support for those students who seek it; to reduce absenteeism and tardiness; to improve productivity; to reduce the occurrence of accident or injury and to maintain compliance with the Drug Free Schools and Communities Act of 1989. Students who violate the standards in this handbook are subject to immediate termination from their program. CONDUCT CODE Each student is honor bound to report to school of?cials the possession, use, sale or other distribution of alcoholic beverages or controlled substances by such student or another student on BioHealth College campus, except as allowed under a valid prescription. Violation of the Honor Code is grounds for dismissal. All reports shall be submitted in writing, signed and dated by the student. Submission of a false report shall be grounds for dismissal. Rules and regulations 2of 2 1.23.09 BioHealth College STUDENT COMPLAINT PROCEDURE We here at BioHealth College are committed to providing quality continuing education in a productive environment. If you have any problems or suggestions please see below for the proper procedure. 1? If you have a problem or complaint please notify your instructor. 2- If you feel that your issue has not been resolved or if you do not feel comfortable discussing it with your instructor you may either obtain a student complaint form from the front desk, ?ll it out and turn it in to a school of?cial or you may come to the Vice President of Education directly to discuss your issue. 3- If you still do not feel that your issue has been resolved you may come directly to the President with your concerns. 4- If you have tried the above mentioned, and still do not feel that your issue has been resolved, you may write or call the state of California Bureau for Private Postsecondary Education or our accrediting agency, Accrediting Council for Continuing Education and Training. The State of California Bureau for Private Postsecondary Education 1625 N. Market Blvd. Suite 5-202 Sacramento, CA 95834 Tel: (916) 574-7720 Toll Free: (888) 370-7589 Or ACCET 1722 N. Street, NW Washington, D.C. 20036 Tel: (202) 955-1113 2665 First Street. Suite 102 BioHealth College Tel: (408) 428-0208 San Jose. CA 95134 Fax: (408) 428-02 l8 fag/41:15 Bio?ealth Coilege STUDENT COMPLAINT FORM Student Information: Student Name: Date: Program: Phone: Address: Street City Zip Code Please use the space below to write out, in detail, your complaint: Received by: Date Received: Print Name and Title and Initial Action taken: 2665 Suite 102 BioHcalth College Tel: {408) 428-0208 San Jose. CA 95134 Fax: (408) 428-0218 BioHealth College TABLE OF CONTENTS EMPLOYMENT Equal employment opportunity 2 Empioyment-at?will 2 Employment categories 2 3 Immigration law compliance 3 Reinstated and rehired employees 90-day orientation period 3 Working hours 3 Lunch periods and breaks .. . Overtime 4 Pay periods pay days . . . .. .. . .. Wage garnishment 4 Attendance and punctuality 4 Dress and grooming .. Workers' compensation 6 Performance appraisal ON THE JOB Personnel record3-.. . . Use of telephone and electronic communication 6 7 Employee relations. 8 Solicitation, distribution bulletin boards 8 Inspection of Lockers and Desks 8 Con?ict . 9 Standards of Conduct 9 10 Drug and alcohol policy 10 Harassment? . Code ofethics conduct 12 Con?dentiality 12 Con?ict of interest 13 TIME AWAY FROM WORK Holiday Vacations l3 14 Sick leave 14 Leave of absence and other Leaves . 14 - 16 Bereavement Leave. Jury Duty, Witness Duty Military Reserves OTHER BENEFITS Employee health and welfare bene?ts 17 Tuition discount program educational assistance program ..18 RECEIPT OF EMPLOYMENT HANDBOOK . .. 19 REVISED JULY 2010 BioHealth College BioHealth College, Inc. has provided this handbook to employees of B.I-I.C, and its subsidiaries, as a summary of our personnel policies and procedures. Throughout this handbook, the term "Company" generally refers to B.H.C or any subsidiary or af?liated company that employs you. Please read the entire handbook to acquaint you with this important information about the Company, as well as your own privileges and responsibilities. Please sign and return the attached Receipt of Employee Handbook to the person who provided it to you, indicating that you have received and will review this handbook. Your supervisor is also a valuable source of information about Company policies, so if you have any questions concerning this handbook or Company policies and procedures, you should discuss them with your supervisor. If your supervisor is unable to answer your questions, contact your Supervisor or the President. This handbook only summarizes the Company's policies and procedures. Additionally, circumstances will require that policies and practices change from time to time, so the Company reserves the right to modify, interpret, supplement or rescind any provisions of this handbook, other than its employment~at~will provisions, as it deems appropriate, in its sole and absolute discretion, without prior notice, consideration or approval by any employee. Egual Employment Opportunity The Company is an equal employment opportunity employer and it will not discriminate against any employee or applicant for employment in an unlaw?il manner. It is the Company's policy to provide equal employment Opportunity for ali applicants and employees. The Company does not unlaw?illy discriminate on the basis of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, ancestry, age, physical disability, mental disability, medical condition, family care status, veteran status, marital status. Employment-At-Will BioHealth College, Inc. is an "at-will" employer, and consequently, employment at B.H.C is for no de?nite period of time and can be terminated at the will of either the Company or the employee at any time and for any reason, with or without cause. This policy cannot be changed or amended except in writing and signed by the President. Nothing in this handbook or in any document or statement, oral or written, shall limit the right to terminate employment. Terms and conditions of employment with the Company may be modi?ed at the sole discretion of the Company with or without cause and with or without notice. Other than the President of the Company, no one has the authority to make any agreement for employment other than for employment at~wiil or to make any agreement limiting the Company's discretion to modify the terms and conditions of employment. Only the President has the authority to make any such agreement and then, only in writing. Employment Categ orics The Company employs people who perform many different types of jobs; therefore, employment is de?ned by job category. Employment categories determine eligibility for certain employee benefits. 2 Biol-lealth College 1. Regular status full?time employees who are regularly scheduled to work at least 30 hours per week. These employees are eligible for all Company bene?ts. Employees receive vacation, sick leave and holiday bene?ts based on regular hours worked. 2. Regular status part-time employees who are regularly scheduled to work at least 20, but less than 30, hours per week. These employees are not eligible for most employee bene?ts. 3. Regular status, partvtime employees who work less than 20 hours per week or employees who are on?call or are temporary employees or are classi?ed as adjunct faculty members. These employees are not eligible for Company bene?ts. These classi?cations do not guarantee employment for any speci?c length of time. Employment is by mutual consent of the employee and the Company. Accordingly, either the employee or the Company can terminate the employment relationship at any time with or without cause and with or without advance notice. Immigration Law Compliance The Company is committed to full compliance with federal immigration laws. These laws require that all individuals pass an employment eligibility veri?cation procedure at or before commencement of employment. That procedure requires that every individual, no later than three business days after beginning to work, provide satisfactory evidence of identity and legal authority to work in the United States. All offers of employment are conditioned upon satisfactory completion of this procedure. Reinstated and Rehircd Employees Reinstated employees are former Company employees who return to work with the Company within 30 calendar days of their separation date. Benefits accrue as if there were no lapse in continuous service, provided the employee meets the bene?ts eligibility requirements. Rehired employees are former Company employees who return to werk with the Company after 30 calendar days from their separation date. Benefits accrue on a new-hire basis . 90 Day Orientation Period New hired and reinstated employees are normally evaluated alter the ?rst 90 calendar days of employment. During this 90 day orientation period, both you and the Company will be evaluating your performance, ability, compatibility and interest in the job. The date of the evaluation may be extended if, in the Company?s sole and absolute discretion, it deems such an extension necessary or appropriate. At any time during this period, or any subsequent period of employment, either you or the Company can terminate the employment relationship with and with or without cause and without advance notice. Working Hours Various factors, such as workloads, operational ef?ciency and staf?ng needs, may require variations in an employee?s starting time and ending times and total hours worked each day or each week. The Company reserves the right to assign employees to jobs other than their usual assignments, when required. In addition, employees may, whenever necessary, be required to work overtime or hours other than those normally scheduled. @711 its" 1 1 ?g BioHealth College Lunch Periods and Breaks The length of lunch periods and the scheduling of breaks vary throughout the Company and depend upon the work requirements at individual locations. Lunch periods and breaks will be provided in compliance with state and federal laws. Overtime Employees shall be paid for their hours worked in accordance with all legal requirements. Exempt positions, as de?ned by federal and state wage and hour laws, do not receive overtime pay. All non- exempt employees qualify for overtime pay in compliance with provisions of state and federal laws governing overtime pay. Questions concerning the payment of overtime compensation should be directed to your supervisor or the President. Remember, all overtime work performed by non-exempt employees must be authorized in advance by your supervisor. Non-exempt employees may not schedule or work paid overtime hours without their supervisor?s knowledge and permission. All non-exempt employees are required to complete, sign and submit an accurate Company time sheet to their Supervisor on a bi-weekly basis, as scheduled by their werk location. Pay Periods Pav Days Employees are paid bi-weekly, with 26 paychecks issued each year. By law, every employee must have amounts deducted for federal income tax and for social security/medicare bene?ts. In some states, deductions may also be required for state income tax and disability insurance. Some cities and counties also require income tax deductions. These and any additional voluntary deductions authorized by you are listed on the statement you receive each payday. Wage Garnishments Most states have legislation providing for court action to require the Company to withhold a portion of your wages. Making special payroll adjustments to accommodate these deductions is expensive and time consuming for the Company. Therefore, you are expected to conduct your personal business so that wage garnishments and attachments do not occur. Attendance and Punctuality Good attendance and punctuality are vital to the smooth functioning of your department. You are expected to arrive at work on time and continue working until the scheduled ending time. When your absence is necessary, notify your supervisor well in advance. In case of sudden illness, notify your supervisor as soon as possible. You must indicate the reason for and probable duration of the absence. Excessive absenteeism or tardiness may lead to disciplinary action, including possible termination of employment. Any absence of two consecutive work days, without notice to your supervisor, is considered a voluntary resignation of employment. BioHealth College Dress and Grooming Standards in the interest of maintaining a professional image, all employees are expected to utilize good judgment in determining their dress and appearance and to observe good habits of grooming, safety and personal hygiene. Employees are expected to dress in an appropriate, professional manner. Employees who are inappropriately dressed or do not observe good habits of grooming and personal hygiene will be sent home and directed to return to work in proper attire. Employees are requested to ask their supervisors for more speci?c standards for their departments. Safety The Company is committed to the goal of providing a safe workplace for all employees. The Company requires that you follow safe work practices. Repeated failure to comply with general safety rules can result in disciplinary action, including separation from employment. General safety and health rules to be observed are: 1. Conscientiously follow the safety training and rules provided by the Company and any special training from your supervisor. 2. Do not operate a machine or other equipment unless you know how to do so safely. When in doubt, discuss it with your supervisor. 3. Observe all safety rules, and use all protective equipment provided for your safety. 4. report to your supervisor all unsafe or potentially hazardous conditions encountered upon; employees will not suffer retaliation for reporting workplace hazards to the Company. 5. Do not tamper with, or attempt to repair, electrical equipment. Report any faulty equipment to your supervisor. 6. Do not lift material that is too heavy or too large. Proper handling of materials will prevent strains, Sprains, scratches and smashed ?ngers and toes. 7. Learn the locations of ?re alarm boxes and ?re extinguishers, and be aware of your duties in case of ?re. Be aware of the layout of your workplace and the exits to be used in case of an emergency. 9. Help maintain safety, sanitation and health standards by properly using all safety, sanitary and hygienic facilities, and assist in keeping work areas and passageways clean. 10. report any job-related accidents, injuries or illnesses to your supervisor or location manager- 9? You are to discuss any questions about safety, health rules and procedures with your supervisor. Sm king Smoking is prohibited in all locations on Company property except those, if any, speci?cally designated as smoking areas. For the safety of employees, clients, and property, please obey all "No Smoking" signs. I. - 7) Bio?ealth College Workers' Compensation The Company carries workers' compensation insurance, as required by law, to protect employees who are injured on the job. The cost of this coverage is, in most states, paid completely by the Company. Medical treatment and disability payments for most work-related injuries or illnesses are covered by workers' compensation insurance; however, to assure prompt payment of medical bills, all injuries must be reported immediately to your supervisor. Failure to report accidents can result in a violation of legal requirements and can lead to dif?culties in processing insurance and bene?t claims. If you consult your own doctor, chirOpractor or other medical practitioner without notifying your supervisor, payment of medical claims may be delayed or even denied. If you are injured in a state where the employer can direct the initial medical treatment, you will be directed to a medical provider by your supervisor. It is mandatory for you to use the designated medical provider where the law allows. Performance Appraisal The Company will conduct periodic performance reviews for employees. Employees generally receive written performance evaluations once every year. The purpose of the review is to evaluate the employee's current level of performance, to examine the progress made since the last review, and to establish goals for the employee's next review. During their performance reviews, employees are encouraged to discuss any issues raised, as well as any opportunities for advancement or career development within the Company. After receiving their performance reviews, employees will be required to sign the review acknowledging that they have received the review and are aware of its contents. The performance review will then be placed in the employee's personnel ?le. ON THE JOB Personnel Records The designated employee ?le custodian at each location and the company President?s of?ce maintain confidential records of your history of employment at the Company. Personnel records are the property of the Company. It is extremely important that the employee ?le custodian have your correct address, phone number and names of persons to contact in case of an emergency. Please ensure that this information is updated immediately, whenever changes in your marital status, dependent coverage or insurance etc. so when any of these changes occur, we can immediately to update your rec0rds. Use of Telephones and Electronic Communication Please limit phone calls to Company business and keep calls brief and to the point. Using Company telephones for personal business deprives our customers of phone lines and makes you unavailable to provide the service essential to our business. Therefore use of Company telephones for personal use is to be kept to a minimum. Biol-lealth College Some employees are permitted to receive, send and transfer voice mail or computer messages (e?mail). Although employees may be able to use codes to restrict access to messages left on these systems, employees must remember that these systems are intended solely for business use. Accordingly, the Company maintains the ability to access any messages left on or transmitted over the systems and employees should not assume that such messages are private and con?dential or that access by the Company or its designated representative will not occur. The Company?s computer systems and other technical resources of the Company are provided by the Company for the use of the Company and are to be reviewed, monitored and used in the pursuit of the Company's business. As a result, computer data is readily available to numerous persons. If, during the course of your employment, you perform or transmit work on the Company's computers or other technical resources, your work may be subject to the review of others. You may access only files or programs that you have permission to enter. Unauthorized review of ?les, dissemination of passwords, the creation or use of passwords not authorized by the Company, damage to systems, removal of ?les, removal of programs or impmper use of information contained in the computer system will result in disciplinary action, up to and including termination of employment. The use of any electronic communication in any manner that may be disruptive, offensive to others or harmful to morale is speci?cally prohibited, including but not limited to the display or transmission of sexually explicit images, messages and cartoons, as well as the use of any ethnic slurs or communication that may be construed as harassment or disparagement of others. Such transmissions may be grounds for disciplinary action, up to and including termination of employment. The use of e-mail to solicit or proselytize others for commercial ventures, religious or political causes, outside organizations or other non~job-related solicitations is strictly forbidden and is grounds for disciplinary action, up to and including termination of employment. Searches of e-mail may be conducted, without advance notice, in order to ensure that the purpose of e-mail, i.e. to facilitate transmittal of information, is being used exclusively for such purpose. Employees may not duplicate software programs. Any unauthorized duplication is grounds for immediate disciplinary action, up to and including discharge from employment. Employees may not keep any backup copies of work done for the Company when they leave the Company. Under no circumstances are employees allowed to retain copies of proprietary information, data or programs upon separation from employment. Violation of the Company's con?dentiality policy and the violation of any laws, including cepyright laws, in the use of any electronic communication will be grounds for immediate termination of employment. Prohibited Employment Relationships Employment of relatives of an employee or of other individuals whose relationship with an employee creates, or might create, problems of supervision, safety, con?dentiality, morale or con?ict of interest is strictly prohibited. Relatives include an employee's parent, child, spouse, brother, sister, in?laws, step relationships and any other member of an employees' household. If such a problem or potential problem arises, the Company reserves the right to reassign one of the parties involved. If the matter cannot be resolved through reassignment or by resignation of one of the employees, resolution of the conflict ?l?ii} ll? BioHealth College (which may include termination of both employees) will rest with the President. Any action taken to resolve such situations shall not violate the Company's policy on equal employment opportunity or federal or state laws. Solicitation, Distribution Bulletin Boards Employees may engage in solicitation on Company premises only during their nonworking time. Nonworkin time means time during meals or breaks and before or after work. Employees may distribute or circulate non-Company written materials only during nonworking time and only in nonwork areas. If an employee is not certain whether an area is a work or nonwork area, he or she should consult his or her immediate supervisor for clari?cation. Solicitation or distribution in any way connected with the sale of any goods or services for pro?t is strictly prohibited anywhere on Company property at any time. Similarly, solicitation or distribution of literature for any purpose by non-employees is strictly prohibited on the Company's pr0perty at any time. The sole exception to the Company's no-solicitation rule applies to charities or charitable fund raising campaigns speci?cally approved by the Company. The Company has bulletin boards located at its locations for the purpose of commtmication with employees. Postings on these boards are limited to Company?related material including statutory and legal notices, safety and disciplinary rules, Company policies, memos of general interest relating to the Company, local operating rules, and other items approved by the Company. All postings require the prior approval of the Manager or the Human Resources Designate- No other postings will be permitted. Inspection of Lockers and Desks Although lockers, desks and other of?ce furniture and storage facilities may be made available for the convenience of employees while at work, employees should remember that all such items remain the sole property of the Company. If lockers are provided, the Company will make locks available to employees at its expense for use in connection with the lockers. Accordingly, employees should not place any other lock on a locker. The Company reserves the right to open and inspect lockers, desks and other of?ce ?lmiture and storage facilities, as well as any contents, effects, or articles that are in such facilities. Such an inspection can occur when the Company has a reasonable suspicion that any of its policies or procedures has been violated. An inspection may be conducted before, during, or after working hours by any supervisor (or other Company-designated employee) or security personnel designated by the Company. Prohibited materials, including weapons, explosives, alcohol and non-prescribed drugs or medications, may not be placed in such facilities. Violations will result in disciplinary action, up to and including immediate discharge. Employees who, if requested, fail to cooperate in any inspection will be subject to disciplinary action, including possible suspension or termination of employment. The Company is not responsible for any articles lost, damaged or stolen anywhere on Company premises or at any sponsored event located elsewhere. ?3 BioHealth College Con?ict Resolution The Company attempts to maintain a positive, productive working atmosphere. If work-related problems or complaints arise, it is important to discuss them so that solutions can be found. Employees should feel free to discuss such matters with their supervisor or others in the Company, as appropriate. The Company has adepted the following procedure to handle problems and complaints. Employees are strongly urged to follow this procedure. 1. If you have a problem or complaint concerning your job or any matter relating to it, discuss it in a timely manner with your immediate supervisor. 2. If the matter is not satisfactorily resolved with your immediate supervisor, contact each next level of management; until your problem is resolved, but let your immediate supervisor know you are continuing to seek a resolution. 3. At any step in this resolution process, you may contact the President. If you follow these guidelines, the Company will do its best to address your workerelated problems or complaints. Standards of Conduct Like all other organizations, the Company requires order and discipline to succeed and to promote ef?ciency, productivity and cooperation among employees. For this reason, it is helpful to identify some examples of conduct that are not permitted and that may lead to disciplinary action, up to and including immediate discharge from employment. It is not possible to provide employees a complete list of every type of disciplinary offense; however, the following are some examples of performance and conduct that are considered unacceptable and are grounds for disciplinary action and/or immediate termination of employment. 1. Falsification of or making a material omission on forms, records or reports, including time sheets, Application materials or customer records. 2. Actual or threatened physical violence or interfering with the werk performance of others. 3. Dishonesty. 4. Gambling. 5. Being convicted of a crime that indicates un?tness for the job or raises a threat to the safety or well being of others. 6. Sexual, racial or other unlawful harassment. 7. Unsatisfactory performance. 8. Insubordination, re?ising to perform tasks assigned by a supervisor in an appropriate manner or other disrespectful or improper conduct toward a supervisor. 9. Recording time on another employee's time sheet, or requesting another individual to record time on one's own time sheet. 10. Excessive absenteeism or tardiness, or failure to notify supervisor regarding absence. 1 1. Violating safety or health rules or practices or engaging in conduct that creates a safety or health hazards. i BioHealth College 12. Possessing or bringing on Company property dangerous or unauthorized materials, such other weapons, explosives or other similar items. 13. Misusing, destroying or damaging property of the Company, fellow employees, customers, or visitors. 14. Theft or unauthorized possession or removal of property or other materials from the employees, customers or anyone on Company property. 15. Disclosing trade secrets or con?dential information about the Company, its customers, or its employees. 16. Using, possessing, distributing, selling or being under the in?uence of illegal drugs while on duty, while on Company property or on Company time or at a Company sponsored event or while operating a vehicle or potentially dangerous equipment leased or owned by the Company. 17. Failing to report a drug conviction in the workplace. 18. Using, possessing, distributing, selling or being under the influence of alcohol while on duty, while on Company property or on Company time or while participating at any Company sponsored event (except as provided or sanctioned by the Company) or while operating a vehicle or potentially dangerous equipment leased or owned by the company. 19. Sleeping while on duty or leaving your job while on duty. 20- Any violation of local, state or federal laws, statues or regulations (including, but not limited to, Violations of rules or guidelines of regulatory agencies associated with the Company's business). 21. Violation of Con?ict of Interest or Code of Conduct and Ethics policies. 22. Close personal relationship or fraternization with students, outside of the appropriate business contact expected within the school or at school sponsored or sanctioned events. Drug and Alcohol Policy BioHealth College, Inc. has established a detailed drug and alcohol policy. BioHealth College, Inc. strives to maintain a workplace that is free from the use or abuse of illegal drugs and alcohol. Accordingly, B.H.C policy prohibits employees from the unlawful manufacture, distribution, possession or use of illegal drugs on Company premises or on any premises used for Company functions or at any location where Company business is conducted or during working hours. Similarly, B.H.C policy prohibits the unauthorized use, manufacture, distribution, dispensation or sale of alcohol on Company premises, or an premises used for Company functions or at any location where Company business is conducted, in B.H.C supplied vehicles, or during working hours. All Company employees are required, as a condition of employment, to abide by terms of this policy. B.H.C policy requires that employees immediately report any occasions upon which they have been convicted for viola-ting any criminal drug statute for conduct occurring at work. B.H.C reserves the right to take disciplinary action, upon and including discharge for the ?rst offense, for any violations of its drug and alcohol policy. Questions regarding the details of B.H.C policy should be addressed to your supervisor or the President. 10 BioHealth College Policy Against Harassment The Company is committed to providing a workplace free of sexual harassment (which includes harassment based gender, pregnancy, childbirth, or related medical conditions), as well as harassment based on such factors as race, color, religion, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sexual orientation family care or medical leave status, or veteran status. The Company strongly disapproves and will not tolerate harassment of employees by managers, supervisor, or co-workers. Similarly, the Company will not tolerate harassment by its employees of non?employees with whom the employees have a Company-related business, service, or professional relationship. The Company also will attempt to protect employees from harassment by non- employees in the workplace. Harassment includes verbal, physical, and visual conduct that creates an intimidating, offensive, or hostile working environment or that interferes with work performance. Such conduct constitutes harassment when submission to the conduct is made either an explicit or implicit condition of employment; (2) submission to or rejection of the conduct is used as the basis for an employment decision; or (3) the harassment interferes with an employee?s work performance or creates an intimidating, hostile, or offensive work environment. Harassing conduct can take many forms and includes, but is not limited to, the following: slurs, jokes, statements, gestures, assault, impeding or blocking another's movement or otherwise physically interfering with normal work; pictures, drawings, or cartoons based upon an employee's sex, race, color, national origin, religion, age, physical disability, mental disability, medical condition, ancestry, marital status, sexual orientation, family care or medical leave status, or veteran status. Sexually harassing conduct in particular includes all of these prohibited actions as well as other unwelcome conduct such as requests for sexual favors, conversation containing sexual comments, and unwelcome sexual advances. Any incident of harassment, including work-related harassment by any Company personnel or any other person, should be reported to the employee's supervisor or President. Employees who receive complaints or who observe harassing conduct should inform their immediate supervisor or location manager or the President immediately. The supervisor or location manager should immediately report any incidents of harassment, or reported harassment, to the President. The Company emphasizes that an employee is not required to complain ?rst to his or her supervisor if that supervisor is the individual who is harassing the employee. In such cases, it is appropriate for the employee to contact higher level(s) of local management or the President. Every reported complaint of harassment will be investigated thoroughly, and in a confidential manner. in addition, the Company will not tolerate retaliation against any employee for voicing a complaint or cooperating in an investigation. If allegations of harassment are con?rmed, the Company will discipline the offender. Disciplinary action for a violation of this policy can range from verbal or written warning(s) up to and including immediate termination depending upon the circumstances. ll Bio?ealth College Code of Conduct and Ethics You are obligated to carry out your of?cial Company duties using the highest moral and legal standards. No employee will ever be expected to act in any manner that will breach the law, and no employee is to permit or require any other employee to do so. You may not engage in any business or transaction or have a ?nancial interest, direct or indirect, that does not allow objective judgment and appropriate moral and legal practices your job. In addition, you are obligated to comply with the Company?s Code of Conduct policy. Violation of the Company's Code of Conduct and Ethics policy is grounds for immediate termination of employment. Each employee of BioHealth College, inc. is a representative of the Company, each having a special responsibility in the pursuit of our Company goals and our commitment to quality and ethical behavior. In all functions as an employee, you should be competent, prompt and diligent. You are expected to conduct yourself in an ethical and honest manner, while ensuring compliance with all applicable laws, regulations policies. You should be guided at all times by Company policies and rules, applicable laws and regulations and your personal conscience, and you should strive to attain the highest level of skill, to improve the rendering of the service you were hired to provide and to exemplify the Company?s values. Every employee is responsible for compliance with this Code of Conduct and other policies of the Company. Any employee having knowledge that another employee has committed a material violation of this Code of Conduct or of other Company policies, which raise substantial questions as to that employee's honesty, trustworthiness or ?tness as an employee of this Company shall immediately inform the appropriate supervisory personnel. Con?dentiali? All employees of the Company have a continuing obligation to preserve the con?dentiality of matters during their employment. During and after your employment with the Company, you may not disclose or use any Company trade secrets, curricula, insider information or other con?dential information, other than within the scope of your job and for the direct benefit of the Company. Company property must be returned upon your leaving the Company. All data, documents, materials, reports and other information issued to or used by you or others during your employment with the Company also must be kept con?dential. Every employee is expected to keep strictly con?dential information until such information is publicly released. You will be required to sign a statement regarding con?dentiality and preprietary matters. Bio?ealth College Conflict of Interest A con?ict of interest exists when the employee's loyalty or actions are divided, or have the appearance of being the divided, between the Company and another party. The Company requires that all employees make full disclosure in writing of any situation which does or may involve a con?ict of interest between the employee (or any family member) and the interests of the Company. While it is impossible to list every circumstance that may create possible conflicts of interest, the following should serve as a guide to the types of activities that may cause con?icts of interest: 1. Having a personal, business, ?nancial or other interest, activity or relationship, outside the Company, which has, or which may have, the potential of being antagonistic to, or in con?ict with, the best interests of the Company. (This does not include ownership of securities of a publicly owned corporation regularly traded on a public stock market). 2. Rendering directive, managerial or consultative services to, or being employed by, any outside concern which does business with or is a competitor of the Company, except with the Company's prior knowledge and consent. 3. Accepting gifts of more than token value, loans, excessive entertainment or other substantial favors from any outside concern which does or is seeking to do business with, or is a competitor of, the Company. 4. Representing the Company in any transaction in which a personal, business or ?nancial interest exists. 5. Disclosing or using con?dential Company information for personal pro?t and advantage. This list is not all inclusive. Employees must exercise good judgment and should be aware that a con?ict of interest may exist regardless of the person?s motives. If at any time during employment, a situation arises which might be viewed as an actual or potential con?ict of interest, you must fully disclose it to your supervisor (who in turn must report it to the President) so that any improper action may be avoided or eliminated. TIME AWAY FROM WORK Holidays The Company observes several holidays each year. Each year the Company publishes a list of holidays scheduled for the upcoming year in school catalog. Employees who are regularly scheduled to work 30 or more hours per week are eligible to receive pay for any holidays that fall on a regularly scheduled workday. Employees, who work less than full?time, will be not paid. 13 w. r? . - BioHealth College Vacation The Company has established a vacation policy for the bene?t of eligible employees. Vacations are meant to be periods of rest and relaxation away from work without loss of pay or bene?ts. Vacation is accrued based on actual hours paid, excluding overtime. To be eligible to accrue vacation, employees must qualify as regular full?time. Vacations are earned according to the following schedule: Employees regularly scheduled to work at least 30 hours per week. Annual Maximum Accrual Accrual From continuous service date until 5th anniversary of that date: 5 days 20 days From the 5th anniversary date to the 10th anniversary date: 10 days 30 days After the 10th anniversary date: 20 days 40 days Sick Leave The Company?s sick leave policy provides for payments to eligible employees who are absent from work due to a non-occupational sickness or injury, or, in the case of an occupational sickness or injury, during the waiting period required prior to the receipt of workers' compensation bene?ts. To be eligible for sick leave bene?ts, employees must qualify as regular full-time employees and must satisfactorily complete their 90-day orientation period. After completion of the orientation period, employees regularly scheduled to work at least 30 hours per week are eligible to accrue sick leave bene?ts based on their actual hours paid, excluding overtime. Employees in any other classi?cation are ineligible for sick leave bene?ts. During the ?rst ?ve years of employment, eligible employees may earn a maximum of 5 days of sick leave per year. Beginning the sixth year, and for each year of employment thereafter, eligible employees may earn a maximum of 10 days per year. Leaves of Absence Various leaves of absence may be granted, at the discretion of the Company, to eligible employees who have completed the appropriate service requirements. Most leaves of absence can be divided into three categories: (1) Family Care and Medical Leave of Absence (2) General Disability Leave of Absence (3) Personal Leave of Absence l4 ii?) 3. I. . 4 3? BioHealth College Requests for a leave of absence To request any leave of absence, an employee must complete a Request for Leave form and obtain all required approvals. The employee's request will be evaluated by the President to determine to which leave, if any, the employee quali?es for Family Care and Medical, General Disability or Personal). Personal Leave of Absence In the case of foreseeable events, an employee should provide at least 30 days advance notice of the need for leave of absence. When events are unforeseeable, the employee must apply for the leave of absence as soon as the employee learns of the need for a leave of absence, but ordinarily no later than 1 to 2 working days after the need arises. Workers' Compensation Disability Leave The Company Will grant a Workers' Compensation Disability Leave to employees with occupational illnesses or injuries in accordance with state and federal law. As an alternative, the Company may try to reasonably accommodate such employees with modi?ed work. Leave taken under the Workers' Compensation Disability Policy runs concurrently with Family Care and Medical Leave (FMLA) under both federal and state law. a. Notice And Certi?cation Requirements Employees must report all accidents, injuries and illnesses, no matter how small, to their immediate supervisor. In addition, employees must provide the Company with a medical certi?cation from a health-care provider. b. Compensation during Leave Worker?s Compensation Disability Leaves are without pay. However, employees may utilize accrued sick and/ or vacation during the leave. All such payments will be coordinated with any state disability, Company disability, Workers' Compensation or other wage reimbursement bene?ts for which the employee may be eligible. At no time shall an employee receive a greater total payment than the employee?s regular salary. c. Reinstatement Under most circumstances, upon submission of a medical certi?cation that an employee is able to retum to work from a Workers? Compensation Leave of six months or less, the employee will be reinstated to his or her same position held at the time the leave began or to an equivalent position, if available. If the same position is not available, an employee's return to work will depend on his/her quali?cations for any job openings existing at the time of his/her scheduled return. An employee from a Workers' Compensation Leave has no greater right to reinstatement than if the employee had been continuously employed rather than having been on leave. For example, if the employee on Workers' Compensation Leave would have been laid off had he or she not gone on leave, or if the employee's position has been eliminated or ?lled in order to avoid undermining the Company?s ability to operate safely and ef?ciently during the leave, and there are no equivalent available, then the employee would not be entitled to reinstatement. 15 BioHealth College Personal Leave of Absence If an employee is not eligible for a FMLA Leave or a General Disability Leave, the employee may apply for a Personal Leave of Absence. To be eligible for a Personal Leave of Absence, the employee must be a full time employee who has completed a minimum of 90 days of continuous employment. Personal leaves will be granted for urgent reasons only, such as to take care of important personal business, settle the estate of a close relative or other emergency situations. The Company reserves the right to grant or deny a Personal Leave of Absence at the Company's sole discretion. A Personal Leave of Absence will normally not be granted for periods in excess of 30 days, but an extension may be considered and granted at the sole discretion of the Company. Under this leave, an employee may be considered for reinstatement to the former position or to a comparable position at the sole discretion of the Company. In all circumstances, reinstatement will be made in accordance with applicable state and federal laws. Returning From Leave The employee should notify his or her supervisor or location manager at least one week before the scheduled return to work date or when the actual return date is known, whichever occurs first. If the employee was on a Leave of Absence due to the employee?s own disability or pregnancy, the employee cannot return to work until a physician's statement is provided verifying that the employee is able to perform the essential functions of the position, either with or without reasonable acconunodation. Termination of Employment During Leave of Absence Any misrepresentation made to obtain or continue any type of leave of absence is grounds for immediate termination of employment. If the employee accepts other employment or fails to return to work on the next regularly scheduled work day following the expiration of the leave of absence, the employee will be deemed to have voluntarily resigned. Health bene?ts (if applicable) will cease at midnight of the last day of the month in which employment terminates. COBRA information will be forwarded to the employee by the Company?s COBRA administrator. Bereavement Leave In the event of the death of an immediate family member, employees regularly scheduled to work at least 30 hours per week may receive a paid leave of up to three days to attend the funeral, provided these days are regularly scheduled work days. Additional days may be used from accrued vacation time, with the approval of the employee's supervisor. Employees who work less than 30 hours per week, may take up to three days off without pay to attend the funeral of an immediate family member. Immediate family is de?ned as current Spouse, parent (natural or step), sister, brother, child (natural or step), grandparents, grandchildren, current son?in-law, current daughter-in-law, current mother-in-law, current father~in-law, current sister-in?law and current brother-in-law. l6 ?5:65: I A f: Biol-lealth College Jury Duty and Witness Duty If you are selected forjury duty or summoned as a witness, notify your supervisor immediately so that any necessary arrangements can be made while you are absent. Military Reserves and National Guard Dutv All employees regularly scheduled to work at least 30 hours per week who are required to attend annual military training tours in state of federal military reserve units, or who activated to National Guard duty for riots, disasters and other emergencies, will be reimbursed for the difference between their basic military pay received and their regular straight-time rate pf pay for up to 5 days of absence from work each calendar year, provided these are regular scheduled work days. The employee must notify his or her supervisor as soon as orders are con?rmed so that arrangements can be made to cover work while the employee is absent and leave of absence paperwork can be processed. The employee should also contact his or her supervisor of he or she needs to claim bene?ts under this provrsron. Voting Time The company allows up to two hours off to vote (or more, if required by state or local law), with pay, if you do not have suf?cient time outside your working hours within which to vote. To receive time off for voting, you must notify your supervisor at least two working days prior to the Election Day. When you return from voting, you must present a voter's receipt to your supervisor to qualify for paid time off. Miscellaneous Employees may occasionally need time off from work to address important matters that are regulated by law. The Company will comply with its legal obligations by providing eligible empIOyees time off, as required by federal, state or local law, for reasons such as emergency duty volunteer ?re ?ghting, appearance in the school of the employee's child pursuant to the request of the school or attendance in an adult literacy program. Time off provided for these purposes will usually be unpaid unless the law requires that it be compensated Health and Welfare Bene?ts Regular status full-time employees who are regularly scheduled to work at least 30 hours per week or more qualify to participate in medical and dental insurance offered by the Company. The Company will pay: of the Medical insurance cost (employee only) of the Dental insurance cost (employee only) The employee will be responsible for the family insurance fee. 17 . 4 . BioHealth College Tuition Discount Program Substantial tuition discounts are available for eligible employees and their dependents who enroll at Company owned school. Employees who have completed one year of continuous employment with the Company and who are regularly scheduled to work at least 30 hours per week. Educational Assistance Program Eligible employees who have completed one year of continuous employment with the Company and who are regularly scheduled to work at least 30 hours per week may participate in the Company?s Educational Assistance Program. This program provides employees with limited reimbursement for course of study related to their present positions or that prepares them for advancement within the Company. Requests for educational assistance are considered on an individual basis and must be approved prior to commencement of the course. Information regarding eligibility, reimbursement limits and the approval process may be obtained from your supervisor with the approval of the President. 18 BioHealth College RECEIPT OF EMPLOYEE HANDBOOK This acknowledges that I have received a copy of the Biol-lealth College, Inc. Employee Handbook 2010 version. I understand: (1) the handbook contains important information regarding the Company's general personnel polices, practices and bene?ts as well as my privileges and obligations as an employee; (2) I am expected to read understand, and adhere to Company policies, and I must familiarize myself with the material in the handbook; (3) the Company may deviate from, change, rescind or supplement any policies, practices or bene?ts described therein, other than the employment-at-will policies, from time to time in its sole and absolute discretion, without prior notice; (4) I am employed on an at-will basis throughout my employment with the Company and that either I or the Company can terminate my employment at any time, with or without cause, and with or without prior advance notice. I also acknowledge that my employment with the Company is not for a speci?ed period of time and can be terminated or otherwise modi?ed at any time for any reason, with or without cause or notice, by me or by the Company. I acknowledge that no statements or representations regarding my employment can alter the foregoing. As to the circumstances in which employment may be terminated or otherwise modi?ed, this is the entire agreement between the Company and me; there are no oral or collateral agreements of any kind. My signature below acknowledges that the 2010 version of the employee handbook overrides all earlier versions of the employee handbook. Employee Signature Date Social Security Employee Name (Print or Type) 19 Page 214 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Sexual Harassment Prevention Trainin Worksho Half a day training program Pro-requisites: Reading recommended materials before attending this workshop. Course Description: In this workshop, participants will become familiar with what Sexual Harassment is and how to be prevented in the work place. It also describes the rami?cation of violating the laws related to the topic. The workshOp will educate supervisors and professionals how to prevent sexual harassment incidences. Course Objectives: Upon completion of this workshop, the audience will have: A clear understanding of behaviors that are considered sexual harassment in a work place. . Proper information about their personal and professional responsibilities about the subject and how to avoid any kind of sexual harassment. I Adequate information honr make the work environment free of sexual harassment incidences. Skills which are needed to deal with sexual harassment behaviors in the place of work. I Complete understanding of the law re gard-ing what is considered sexual harassment. Content: Through the implementation of sexual harassment prevention training, we will discuss the type of culture that is necessary; desirable for a productive and pleasant workplace. By creating such environment, organization can attract and maintain best talents while avoiding any exposure and liability to unethical confrontations. The deliverables of this workshop will provide: Avoiding sexual harassment means to learn how to respect coworkers. Keep away from unyielding notion in the workplace. I Stay away from any thing that could be interpreted sexual harassment. Page 1 of 3 Copyright material-2011 What kinds of behaviors could be considered sexual harassment? What are the appropriate behaviors in the workplace? How to avoid inappropriate language and gestures in your surroundings? How to avoid behaviors that are interpreted ?intimidation?? How to treat every one with the highest respect? What are the practical tips to avoid any action that might be considered by law or by the workplace rules as sexual harassment? Is there a harassment quiz that can help the audience to understand the dept of the subject better? How to know my organization?s guidelines about sexual harassment? What should I do if a coworker considered my behavior as a sexual harassment? How should I report a sexual harassment activity if I do not want to be marked by other colleagues as the trouble maker? Training Bene?ts: By learning about the laws, rules, and organizational regulations on sexual harassment, any one can avoid the possibility of such dilemma. Becoming familiar with the recent court cases and enforcement proceedings on sexual harassment, you would know your rights better. Being informed how to prevent any behavior that it could be measured sexual harassment. The correct way to deal with your claim and complaint. Learn about the enforcement of the organizational policies on sexual harassment. How to obtain proper information and facts about the tepic from experts. Half a Day Workshop Outline: to 59?89?99pr Introduction What is the de?nition of sexual harassment? What is your understanding of sexual harassment cases? Overview of the topic and evaluating the impact of it on the workplace Short video and video clips to learn more about the tOpic. Open discussion about sexual harassment. Share 2 accurate but non identi?able recent examples (Case Studies). What are the unacceptable behaviors; language and non-verbal communication? What are the current laws about the topic? (bxorbxixm Page 2 of 3 Copyright maicrial~201 10. Completion of the worksh0p evaluation form. A section: I What segment has been important to you in this workshOp? What else do you need to know? What else? Page 3 of 3 mammal-201 I Page 218 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 219 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 220 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 221 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 222 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 223 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 224 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 225 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 226 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 227 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 228 of 791 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad m. . UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS - REGION IX DEC 2 2 2318 Mr. Sam Shirazi, President BioHealth College 2655 North First Street, Suite 102 San Jose, California 95134 (In reply, ?lease ref"r to case no. 09-11-2027.) Dear President Shirazi: In a letter dated November 22, 2010, the US. Department of Education, Office for Civil Rights (OCR), notified you of a complaint filed against BioHealth College alleging discrimination based on sex. The letter described the allegation and jurisdictional authority. To facilitate resolution of this complaint, please provide the information described in the enclosed Data Request by January 14, 2011. Please also provide the name, address, and telephone number of the person you designate to respond to OCR. Your full and complete response wiil assist OCR in resolving the compiaint. right to access to this information is found at 34 Code of Federal Regulations, section Please note that considerations of confidentiality are not a bar to OCR obtaining requested information under section Your cooperation is appreciated. if you have any questions, please contact Julie Baenziger, the OCR staff-member assigned to investigate this complaint, at (415) 486? 5502. Sincereiy, ary Beth McLeod Team Leader 50 BEALE ST., SUITE 7200, SAN FRANCISCO, CA 94105 The Department ofEducaziOn ?s mission is to promote srudem achievement and preparation for global competitiveness by fostering educationai ex?ceiience and ensuring equai access. U.S. Department of Education Office for Civil Rights Data Request BioHealth College Docket Number 09-11-2027 Please provide the following information: 1. The name and title of the College employee{s) designated to coordinate compliance with Title IX of the Education Amendments of 1972 and to investigate complaints of discrimination on the basis of sex, including sexual harassment. How are students notified of the name, office location, and telephone number of the designated employee(s)? A copy of any College policy prohibiting sex discrimination, including sexual harassment, of students. How are students, staff, faculty, and administrators notified of this policy{ies)? A copy of the College?s grievance procedure for student complaints of sex discrimination, including sexual harassment, against employees of the College. How does the College notify students of this procedure? . 6. 7 How and when did the College become aware of [restroom imomnlainant) allegations of sexual harassment by Please include the date(s), nature of the notice, and the names and titles of personnel informed of the harassment. In addition, provide a cow of any related documentation. A description of the College?s response to the complainant?s allegations, including what steps were taken, when, and who participated in the process. Did the College conduct an investigation? If so, provide copies of all related documentation, including, but not limited to: interview notes, incident reports, investigative ?ndings, and documentation of resulting disciplinary or corrective ac?on. Page 2 Data Request: 0941-2027 8. 10. ?ii. 12. 13. 14. A description of how the College informed the complainant of the outcome of any investigation or responsive action, and a copy of any related documentation. If no investigation was conducted, why not? Copies of a?tl correspondence between the complainant and the College regarding her allegations of sexual harassment. A description of each telephone call and meeting between the complainant and Coliege representatives regarding her allegations of sexual harassment. Please include the date, names of participants, and a summary of what was discussed for each meeting or call. Provide a copy of any related documentation, such as meeting notes. Has the College ever received notice of allegations that engaged in sexual harassment prior to fall 2010? If so, describe each incident, including the date, who was involved, the nature of the alleged harassment, how the Cotlege was notified, and the College?s response. Please also provide copies of all related documentation. A description of any training provided to College administrators, faculty, staff and/or students from the beginning of the 2008-2009 academic year, to date, on the issue of sexual harassment. For each training session, provide the date, the presenter/trainer, a description of the content presented, the type of participants, and whether attendance was required. Any additional information that the College believes will facilitate the investigation and resolution of this complaint. UM (ED STATES DEPARTMENT OF EDDCATION OFFICE FOR CIVIL RIGHTS REGION IX NOV 2 2 2011] Sam Shirazi, President BioHealth College 2685 North First Street, Suite 102 San Jose, CA 95134 (in reply, please refer to case no. 09-11-2027.) Dear President Shirazi: On November 17, 2010, the U.S. Department of Education, Office for Civil Rights (OCR), received a complaint against BioHealth College (Recipient). The Complainant, Ialleges discrimination on the basis of sex. OCR currently understands the allegations to be: 1. The Complainant was subjected to harassment by a Recipient employee based on sex and the Recipient failed to respond appropriately and effectively to notice of the harassment. We have determined that the allegation stated above is appropriate for investigation under the laws enforced by OCR. OCR will proceed with resolution of the complaint. OCR enforces Title 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. These laws prohibit discrimination on the basis of race, color, national origin, sex, disability and age in programs and activities operated by recipients of Federal financial assistance. Additionally, OCR enforces the Boy Scouts of America Equal Access Act, which addresses equal access to school facilities and certain other youth groups. The Recipient receives funds from the Department and is subject to the above laws and their regulations as enforced by OCR. Because OCR has determined that it has jurisdiction and that the complaint was filed timely or quali?ed for a waiver of the timeliness requirement, it is opening these allegations for investigation. Please note that opening the allegations for investigation in no way impiies that OCR has made a determination with regard to their merits. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as apprOpriate. OCR will ensure that its investigation is legally sufficient and is disoositive of the allegations, in accordance with the provisions of Article 111 of the Case Processing Manual. 50 BEALE ST., SUITE 7200, SAN FRANCISCO, CA 94105 The Department of Education ?5 mission is to promore student achievement and preparation for global competitiveness byfosmn'ng educational excellence and ensuring equal access. Page 2 (09-11-2027) Enclosed is a copy of The OCR Case Processing Procedures. We will contact you or your designated representative soon to discuss the allegations and complaint resolution process. OCR may ciose this complaint prior to making format findings of compliance or non-compliance, provided that the circumstances or information gathered establishes an administrative or other basis for resolution in accordance with the Case Processing Manual. OCR routinely advises recipients of Federal funds and public education entities that Federal regulations prohibit intimidation, harassment or retaliation against those filing complaints with OCR and those participating in the complain-t resolution process. Complainants and participants who feel that such actions have occurred may fits a separate complaint with OCR. Under the Freedom of Information Act, it may be necessary to release this document and related records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personal information that, if released. could reasonably be expected to constitute an unwarranted invasion of privacy. Your cooperation is appreciated. If you have any questions please contact our of?ce at 41 5486-5555. incerely, Charles R. Love Program Manager Enclosure OCR PROCESSING PROCEDURES ans eurorzcec'ev ocn OCR enforces the following laws: Title VI of the Civil Rights Act of 1964. which prohibits discrimination on the basis of race. color or national origin; Title IX of the Education Amendments of 1972. which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973. which prohibits discrimination on the basis of disability; Age Disoriminaticn Act of 1975. which prohibits discrimination on the basis of age; Title II of the Americans with Disabilities Act of 1990. which prohibits discrimination on the basis of disability; Boy Scouts of America Equal Access Act. part of the No Child Left Behind Act of 2001, which prohibits denial of access to or other discrimination against the Boy Scouts 0' other Title 36 U.S.C. youth groups in public elementary schools. public secondary schools. local education agencies. and state edu:ati0n agencies that have a designated open fonrm or limited public forum. I . 0 EVALUATION OF THE COMPLAINT OCR evaluates each complaint that it receives in order to determine whether it can investigate the complaint. OCR makes this determination with respect to each allegation in the complaint. For example, OCR must determine whether OCR has legal authority to investigate the complaint; that is. whether the complaint alleges a violation of one or more of the laws OCR enforces. OCR must also determine whether the complaint is ?led on time. Generally. a complaint must be ?led with OCR within 180 calendardays of the last act that the complainant believes was discriminatory?. If the complaint is not ?led on time. the complainant should provide the reason for the delay and request a waiver of this ?ling requirement. OCR will decide whether to grantthe waiver. In addition. OCR will determine whether the complaint contains enough infon'nalion about the alleged discrimination to proceed to investigation. It OCR needs more information in order to clarify the complaint. itwitl contact the complainant; the complainant has 20 calendar days within which to respond to OCR's request for Information. OCR will dismiss a complaint if OCR determines that: - OCR does not have legal authority to investigate the Complaint; . The complaint fails to state a violation cl one of the laws OCR enforces; . The complaint was not ?led timely and that a waiver will not be granted; . The complaint is unclear or incomplete and the complainant does not provide the intormaticn that OCR requests within 20 calendar days of OCR's request - The allegations raised by the complaint have been resolved; . The complaint has been investigated by another Federal, state. or local civil rights agency or through a recipient's internal grievance procedures. including due process proceedings. and the resolution meets OCR regulatory standards or. if still pending, OCR anticipates that there will be a comparable resolution process under comparable legal standards; - The same allegations have been ?led by the complainant against the same recipient in state or Federal court; . The allegations are foreclosed by previous decisions of the Federal courts. the US. Secretary of Education. the US. Department cl Education's Civil Rights Reviewing Authority. or OCR potiq determinations. OPENING THE COMPLAINT FOR If OCR determines that it will investigate the complaint. it will issue letters of noti?cation to the complainant and the recipient. Opening a complaint for investigation in no way imp?es that OCR has made a determination with regard to the merits of the complaint. During the inves?gatlcn. OCR is a neutral fact-?nder. OCR will collect and analyze relevant evidence from the complainant. the recipient, and other sources as appropriate. OCR will ensure that investigations are legally suf?cient and are dispositive of the allegations raised in the complaint. INVESTIGATION OF THE COMPLAINT OCR may use a variety of tact-?nding techniques in its investigation of a complaint These techniques may include reviewing documentary evidence submitted by both parties. conducting interviews with the complainant. recrpient's personnel. and other witnesses. andior site visits. At the conclusion of its investigation. OCR will determine with regard to each allegation that: - . There is insuf?cient evidence to support a conclusion that the recipient failed to comply with the law. or . A preponderance of the evidence supports a conclusion that the recipient failed to comply with the law. determination willbe explained in a letter of ?ndings sent to the complainant and recipient. Letters of ?ndings issued by OCR address individual OCR cases. Letters of findings contain fact- specr?c Investigative ?ndings and dispositions ol individual cases. Letters ct ?ndings are not fcnnal statements of OCR policy and they should not be relied upon. cited. or construed as such. OCR's formal policy statements are approved by a duly authorized OCR of?cial and made available to the public. RESOLUTION OF THE AFTER A OF NONCOMPUANCE lf OCR determines that a recipient failed to comply with one of the civil rights laws that OCR enforces. OCR will contact the recipient and will attempt to secure the recipient's willingness to negotiate a voluntary resolution agreement. If the recipient agrees to resolve the complaint. the recipient will negotiate and sign a written resolution agreement that describes the Speci?c remedial actions that the recipient will undertake to address the areats} of noncompliance identi?ed by OCR. The terms of the resolution agreement. if fully performed, will remedy the identi?ed viclationts} in compliance with applicable civil rights laws. OCR will recipient's implementation of the terms of the resolution agreement to verify that the remedial actions agreed to by the recipient have been implemented consistent with the terms of the agreement and that the areats) of noncompliance identi?ed were resolved consistent with applicable civil rights laws. if the recipient retusesto negotiate a voluntary resolution ag reement or does not immediately indicate its vrillingness to negotiate. OCR will inform the recipient that it has 30 days to indicate its willingness to engage in negotiations to voluntarily resolve identified areas of noncompliance. or OCR will issue a Letter of Finding to the parties providing a factual and legal basis for a ?nding noncompliance. It. alter the issuance of the Letter of Finding of noncompliance. the recipient continues to refuse to negotiate a resolutmn agreement with OCR. OCR will issue a Letter of impending Enforcement Action and will again attempt to obtain voluntary compliance. it the recipient remains unwilling to negotiate an agreement. OCR will either initiate administrative enforcement proceedings to suspend. lermrnate. or refuse to grant or continue Federal ?nancial assistance to the recipient. or will refer the case to the Department of Justice. OCR may also move immediately to deter any new or additional Federal ?nancial assistance to the institution. RESOLUTION OF THE COMPLAINT PRIOR TO THE CONCLUSION OF THE Early Complaint Resolution Early Complaint Resolution allows the parties (the complainant and the institution which is the subject of the complaint} an opportunity to resolve the complaint allegations quickly; generally. soon afterthe complaint has been opened for investigation. If both parties are willing to try this approach. and if OCR determines that Early Complaint Resolution is appropriate. OCR will facilitate Complaints that allege discrimination based on age are timely if ?led OCR within 180 calendar days of the date the complainant ?rst knew about the alleged discrimination.