Title IX FAQs

1. “Sexual misconduct” is a broad, non-legal term that encompasses a wide range of behaviors, including but not limited to, sexual assault, rape, stalking, sexual exploitation, and relationship violence (including dating and domestic violence). It is a violation of College policy as well as applicable law to commit or to attempt to commit these acts.
   1. Sexual misconduct can occur between strangers or acquaintances, or people who know each other well, including between people who are or have been involved in an intimate or sexual relationship. It can be committed by and experienced by anyone, regardless of gender or gender identity, and can occur between people of the same or different sex or gender.

    

2. “Sexual Assault” (including Rape) is actual or attempted sexual contact with another person without that person’s consent. Sexual assault includes, but is not limited to:
   1. Intentional touching of another person’s intimate parts without that person’s consent; or
   2. Other intentional sexual contact with another person without that person’s consent; or
   3. Coercing or forcing, or attempting to coerce or force, or threatening to coerce or force a person to touch another person’s intimate parts without that person’s consent; or
   4. Rape, which is penetration, no matter how slight, of (1) the vagina or anus of a person by any body part of another person or by an object, or (2) the mouth of a person by a sex organ of another person, without that person’s consent.
3. “Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:
   1. School employee conditioning education benefits on participation in unwelcome sexual conduct (i.e., quidpro quo); or
   2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively denies a person equal access to the school's education program or activity; or
   3. Sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA).

    

4. “Consent” is an understandable exchange of affirmative words or actions, which indicate a willingness to participate in mutually agreed upon sexual activity. Consent must be informed, freely and actively given. Consent is not obtained if:
   1. There is a lack of a negative response, lack of protest or lack of resistance;
   2. There is silence;
   3. There is physical force, threats, intimidation or coercion;
   4. There is incapacitation due to drugs and/or alcohol (consumed voluntarily or involuntarily);
   5. An individual is unable to communicate due to a physical or mental condition;
   6. An individual is asleep, unconscious or involuntarily restrained; or
   7. An individual is not of legal age to give consent.

    

5. “Relationship Violence” includes, but is not limited to, physical, sexual, verbal, emotional and psychological abuse, and/or threats of such abuse (commonly referred to as domestic violence or dating violence) when committed by a person who is or has been:
   1. In a social relationship of romantic or intimate nature with the victim;
   2. A current or former spouse or intimate partner of the victim;
   3. A person with whom the victim shares a child in common;
   4. A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; or
   5. A person related to the victim by blood or marriage.

    

6. “Stalking” is engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
   1. Feel fear for the person’s safety or the safety of others; or
   2. Suffer substantial emotional distress

    

   Stalking may involve individuals who are known to one another, who have a current or previous relationship or who are strangers. Stalking can include electronic forms of communication, including texting or social media.

    

7. “Sexual Exploitation” is taking sexual advantage of another person without that individual’s consent or in a manner that extends the bounds of consensual sexual activity without the knowledge of the other individual for any purpose, including sexual gratification, financial gain or other personal benefit. Sexual exploitation includes, but is not limited to, the following actions (including when they are done via electronic means, methods or devices):
   1. Observing another individual’s nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved;
   2. Non-consensual streaming of images, photography, video or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved;
   3. Causing the incapacitation of another person (through alcohol, drugs or any other means) for the purpose of compromising that person’s ability to consent to sexual activity;
   4. Prostituting another individual;
   5. Exposing one’s genitals in non-consensual circumstances; or
   6. Knowingly exposing another individual to a sexually-transmitted infection or sexual virus without that individual’s knowledge.

    

8. “Supportive Measures” are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Reporting Party or the Responding Party before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment.” The supportive measures must be confidential “to the extent that maintaining such confidentiality would not impair the ability of the college to provide the supportive measures”.

    

9. “Reporting Party” is an individual who makes a report of gender discrimination, sexual harassment, sexual misconduct, sexual assault, sexual exploitation or retaliation.

    

10. “Responding Party” is an individual who is alleged to have violated the College policy on gender discrimination, sexual harassment, sexual misconduct, sexual assault, sexual exploitation or retaliation and who is named in a report alleging violation.

     

11. “Responsible Employees” are those College employees with administrative or supervisory responsibilities or who have been designated as Campus Security Authorities. A Responsible Employee has the authority to address sexual misconduct and has the duty to report incidents of sexual misconduct, or who a member of the College community could reasonably believe has such authority or duty. Because the College has an obligation to make reasonable efforts to investigate and address instances of known or suspected sexual misconduct, Responsible Employees and Campus Security Authorities who have information or receive a report of sexual misconduct, must immediately share with the Title IX Coordinator (hereafter “Coordinator”) or a Deputy Title IX Coordinator all known details of an incident.

     

    1. The College’s Responsible Employees include, but are not limited to, the following employees or categories of employees:
       1. All Senior leadership (e.g., College President, Vice Presidents, Associate Vice Presidents and Assistants to the President;
       2. All Administrators/Professional Staff (e.g., directors, associate directors, program coordinators and managers – in all administrative and academic areas);
       3. Coordinator, Deputy Title IX Coordinators and Equity Officer;
       4. All Human Resources Staff;
       5. All Athletic Staff;
       6. All Student Services Staff; and
       7. All faculty or staff advisors to students and/or organizations or activities.

           

    2. The College’s Campus Security Authorities include the following:
       1. Officials with significant responsibility for student and campus activities (e.g., directors, associate directors, Academic Advising staff, Student Services staff, Coaches, or designees);
       2. Individuals or offices designated to receive crime reports (e.g., Department of Public Safety and Security, Director of Campus Operations, Center Directors and others); and
       3. Campus Security Officers and others who have responsibilities for campus security.

• Defines sexual harassment to include sexual assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the basis of sex;
• Provides a consistent, legally sound framework on which survivors, the accused, and schools can rely;
• Requires schools to offer clear, accessible options for any person to report sexual harassment;
• Empowers survivors to make decisions about how a school responds to incidents of sexual harassment;
• Requires the school to offer survivors supportive measures, such as class or dorm reassignments or no-contact orders;
• Protects K-12 students by requiring elementary and secondary schools to respond promptly when any school employee has notice of sexual harassment;
• Holds colleges responsible for off-campus sexual harassment at houses owned or under the control of school-sanctioned fraternities and sororities;
• Restores fairness on college and university campuses by upholding all students' right to written notice of allegations, the right to an advisor, and the right to submit, cross-examine, and challenge evidence at a live hearing;
• Shields survivors from having to come face-to-face with the accused during a hearing and from answering questions posed personally by the accused;
• Requires schools to select one of two standards of evidence, the preponderance of the evidence standard or the clear and convincing evidence standard – and to apply the selected standard evenly to proceedings for all students and employees, including faculty;
• Provides "rape shield" protections and ensures survivors are not required to divulge any medical, psychological, or similar privileged records;
• Requires schools to offer an equal right of appeal for both parties to a Title IX proceeding;
• Gives schools flexibility to use technology to conduct Title IX investigations and hearings remotely;
• Protects students and faculty by prohibiting schools from using Title IX in a manner that deprives students and faculty of rights guaranteed by the First Amendment.

Gender-based harassment is unwelcomed conduct based on a student's actual or perceived sex. This includes slurs, taunts, stereotypes or name-calling, as well as gender motivated physical threats, attacks or other hateful conduct.

Sexual harassment is unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature.

When you’re engaging in sexual activity, consent is about communication. And it should happen every time. Giving consent for one activity, one time, does not mean giving consent for increased or recurring sexual contact. For example, agreeing to kiss someone doesn’t give that person permission to remove your clothes. Having sex with someone in the past doesn’t give that person permission to have sex with you again in the future.

 You can change your mind at any time.

You can withdraw consent at any point if you feel uncomfortable. It’s important to clearly communicate to your partner that you are no longer comfortable with this activity and wish to stop. The best way to ensure both parties are comfortable with any sexual activity is to talk about it.

Positive consent can look like this:

• Communicating when you change the type or degree of sexual activity with phrases like “Is this OK?” 
• Explicitly agreeing to certain activities, either by saying “yes” or another affirmative statement, like “I’m open to trying.” 
• Using physical cues to let the other person know you’re comfortable taking things to the next level. 

   

Positive consent does NOT look like this:

• Refusing to acknowledge “no.”
• Assuming that wearing certain clothes, flirting, or kissing is an invitation for anything more.
• Someone being under the legal age of consent, as defined by the state.
• Someone being incapacitated because of drugs or alcohol.
• Pressuring someone into sexual activity by using fear or intimidation.
• Assuming you have permission to engage in a sexual act because you’ve done it in the past.

  Source:  https://www.rainn.org/articles/what-is-consent

Anyone who participates in an educational program, service or activity with a Federally funded entity is protected by Title IX. This includes students, parents and guardians, visitors and employees.

Title VII of the Civil Rights Act of 1964 prohibit discrimination on the basis of sex for entities that have 15 or more employees. Title VII is enforced by the U.S. Equal Employment Opportunity Commission (EEOC).

If the College knows or in the exercise of reasonable care should know about student-on-student sexual harassment, including sexual violence, that creates a hostile environment, Title IX law requires the University to take immediate and appropriate steps to investigate or otherwise determine what occurred (subject to confidentiality considerations). If an investigation reveals that sexual harassment, including sexual violence, created a hostile environment, the University must then take prompt and effective steps reasonably calculated to end the sexual harassment or sexual violence, prevent its recurrence and, as appropriate, remedy its effects on the victim and University community. 

All staff working in the residence halls must report any Title IX related concerns to the Title IX Office. Outreach will then be sent to the Complainant along with an offer to meet with the Complainant to assist with immediate safety measures and other necessary and appropriate interim measures (e.g., housing, academic accommodations, etc.) in consultation with the Title IX Coordinator. 

Notify the Title IX Office promptly. If the student needs emergency assistance call: 911 or ext. 2800 from a campus phone.

Complete a  Title IX Reporting Form; or

Send an email to titleix@fscj.edu with as much as the following information as was reported to you (noting you should not investigate):

• Name of the person who may have experienced Prohibited Sexual Conduct (Complainant)
• Name of the Responding Party (accused party) (if known)
• Date of the incident
• Date the information was shared with you
• Name of the person to whom the report was made
• Location of the incident (be as specific as possible: not "Responding Party’s room" but “RP’s room in 20West Housing Unit Room230” or "off-campus in downtown Jacksonville")
• Time of the incident
• Nature of the conduct (be as specific as possible regarding the allegations: e.g., Complainant awoke to Responding Party touching her breasts without permission.)

 Following a report, the Title IX Office will send outreach and offer to meet with the Complainant to assist with immediate safety measures and other necessary and appropriate supportive measures.

If a Complainant requests to remain confidential, the College will give serious consideration to that request. Only in rare circumstances will the College proceed to a Title IX investigation against the wishes of the Complainant. Generally, the College will seek to honor the request of the Complainant not to proceed to a Title IX investigation and to remain confidential and will not proceed to a formal Title IX investigation without the consent of the Complainant. The Title IX Coordinator will consider a number of factors in deciding whether the request can be honored, including the age of the Complainant, whether there is evidence of a pattern of misconduct, the severity of the misconduct, and whether there is a safety risk to the Complainant or the FSCJ community. Should the College, in weighing such factors, determine it must proceed, the College will explain its rationale to the Complainant and make sure that the Complainant is offered a support person throughout the process.The Complainant will not be required to participate in the process as a prerequisite to the College proceeding.

Confidential consultations about sexual harassment, sexual violence, relationship violence, stalking, and gender discrimination are available from persons who, by law, have special professional status. A student may contact the following offices for confidential advice and help:

 Student Assistance Program (SAP):

24 Hour Help Line 855-384-1800

(904) 348-1800

fscj.edu/sap

Women’s Center of Jacksonville (off campus)

Business Hours Line: (904) 722-3000

24 Hour Rape Crisis Hotline: (904) 721-7273

https://womenscenterofjax.org/

Micha’s Place

https://www.micahsplace.org/

The Title IX Coordinator will meet with students seeking information about their options. Upon a report of a Title IX concern, the College will work with the Complainant to put supportive measures in place to ensure a safe, hostile-free environment for the student. Following an investigation (if the Complainant’s desire) and a determination that conduct prohibited by Title IX occurred, more permanent accommodations and safety measures may be implemented. Supportive measures measures) may include:

• Extensions of deadlines or other course-related adjustments
• Modifications of work or class schedules
• Campus escort services
• Restrictions on contact
• Changes in work or housing locations
• Leaves of absence
• Increased security and monitoring of certain areas of the campus
• Other similar measures

The Title IX Office, titleix@fscj.edu, (904) 632-5034.

In addition to reporting to the Title IX Coordinator or designee, any incidents of abuse of a minor must also be reported to the Florida Department of Children and Families (DCF) by every individual who is made aware of the abuse. Under Florida’s Protection of Vulnerable Persons Act, all Florida residents must personally report any type of child abuse. For more information, or to report abuse, please click here. 

If the incident involves an FSCJ student, it should still be reported to the College Public Safety Office so that the College can assess how best to assist the student.

Yes.

The College does not permit retaliation against an individual who seeks to redress their concerns, or those who participate in this process. Should you believe that you are retaliated against, please report it to the College’s Equity Office.

Athletics programs are considered educational programs and activities. There are three basic parts of Title IX as it applies to athletics: 

• Participation: Title IX requires that women and men be provided equitable opportunities to participate in sports. Title IX does not require institutions to offer identical sports but an equal opportunity to play;
• Scholarships: Title IX requires that female and male student-athletes receive athletics scholarship dollars proportional to their participation; and
• Other benefits: Title IX requires the equal treatment of female and male student-athletes in the provisions of: (a) equipment and supplies; (b) scheduling of games and practice times; (c) travel and daily allowance/per diem; (d) access to tutoring; (e) coaching, (f) locker rooms, practice and competitive facilities; (g) medical and training facilities and services; (h) housing and dining facilities and services; (i) publicity and promotions; (j) support services and (k) recruitment of student-athletes.

An institution must meet all of the following requirements in order to be in compliance with Title IX:

• For participation requirements, institutions officials must meet one of the following three tests. An institution may:
  1. Provide participation opportunities for women and men that are substantially proportionate to their respective rates of enrollment of full-time undergraduate students;
  2. Demonstrate a history and continuing practice of program expansion for the underrepresented sex;
  3. Fully and effectively accommodate the interests and abilities of the underrepresented sex; and,
• Female and male student-athletes must receive athletics scholarship dollars proportional to their participation; and
• Equal treatment of female and male student-athletes in the eleven provisions as mentioned above.

Title IX benefits everyone. The law requires educational institutions to maintain policies, practices and programs that do not discriminate against anyone on the basis of gender. Elimination of discrimination against women and girls has received more attention because females historically faced greater gender restrictions and barriers in education. Continued efforts to achieve educational equity has benefited all students by moving toward creation of school environments where all students may learn and achieve, thereby also benefiting men and boys.

No. The only provision that requires that the same dollars be spent proportional to participation is scholarships. Otherwise, male and female student-athletes must receive equitable "treatment" and "benefits" and that is not always equal.

Title IX does not require identical athletics programs for males and females. Rather, Title IX requires that the athletics programs meet the interests and abilities of each gender. Under Title IX, one team is not compared to the same team in each sport. The Office of Civil Rights (OCR) examines the total program afforded to male student-athletes and the total program afforded to female student-athletes and whether each program meets the standards of equal treatment. Title IX does not require that each team receive exactly the same services and supplies. Rather, Title IX requires that the men and women's program receive the same level of service, facilities, supplies and etc. Variations within the men and women's program are allowed, as long as the variations are justified.

Under Title IX there are no sport exclusions or exceptions. Individual participation opportunities (number of student-athletes participating rather than number of sports) in all men's and women's sports are counted in determining whether an institution meets Title IX participation standards. The basic philosophical underpinning of Title IX is that there cannot be an economic justification for discrimination. The institution cannot maintain that there are revenue productions or other considerations that mandate that certain

Title IX does not require reductions in opportunities for male student-athletes. One of the purposes is to create the same opportunity and quality of treatment for both female and male student-athletes. Eliminating men sports programs is not the intent of Title IX. The intent of Title IX is to bring treatment of the disadvantaged gender up to the level of the advantaged group.