Reporting Sexual Misconduct
- To enable the College to respond to all reports in a prompt and equitable manner, the College encourages individuals to report incidents of sexual misconduct as follows:
- Tell a Responsible Employee on the College campus that you attend or in the program that you are enrolled.
- Contact the Coordinator or a Deputy Title IX Coordinator: Title IX Coordinator, 601 W. State Street, 4th Floor, Jacksonville, Florida 32202, email@example.com (confidential), (904) 632-5034 (confidential hotline)
- Deputy Title IX Coordinators include the Student Support Coordinators at Downtown Campus, Kent Campus/Cecil Center, North Campus/Nassau Center, Deerwood Center and South Campus. View contact information.
- Report online or by phone using the College’s Ethics and Equity Hotline, Online: EthicsPoint, Phone: 1-877-578-6801 (confidential)
- All employees, faculty and staff, must promptly report incidents of sexual misconduct of a student or employee to the College’s Coordinator, a Deputy Title IX Coordinator, a Responsible Employee or a Campus Security Authority.
Anonymity and Privacy
- Before a Reporting Party reveals information that he or she may wish to keep confidential, a Responsible Employee should make every effort to ensure that the Reporting Party understands:
- The employee’s obligation to report the names of the parties involved in the alleged sexual violence, as well as relevant facts regarding the alleged incident (including the date, time and location), to the Coordinator or other appropriate school officials,
- the Reporting Party’s option to request that the school maintain his or her confidentiality, which the school (e.g., Coordinator) will consider, and
- the Reporting Party’s ability to share the information confidentially with the College’s Student Assistance Program: 24-hour helpline (855) 384-1800; counseling, advocacy, health, mental health or other domestic violence/sexual assault-related resources located off-campus.
- Where a Reporting Party makes a report but requests that a name or other identifiable information not be shared with the Responding Party or that no formal action be taken, the College’s Coordinator will make every effort to respect this request in the context of the school’s responsibility to provide a safe and nondiscriminatory environment for all students.
- The Coordinator will take reasonable steps to investigate and respond to the report alleging violation consistent with a request for anonymity or request not to pursue an investigation, but its ability to do so may be limited based on the nature of the request by the Reporting Party. The Coordinator will assess any barriers to proceeding, including retaliation, and will inform the Reporting Party that Title IX prohibits retaliation and the College will take strong responsive action to protect the Reporting Party. Where the College is unable to take action consistent with the request of the Reporting Party, the Coordinator will communicate with the Reporting Party about the College’s chosen course of action, which may include the College’s choosing to pursue action against a Responding Party on its own behalf. Alternatively, the College may take non-disciplinary measures to remedy and limit the effects of the misconduct and prevent any recurrence while protecting the identity of the Reporting Party, as specified below under Interim Supportive Measures.
- Every effort will be made to respect and safeguard the privacy interests of all individuals involved in a manner consistent with the need for a careful assessment of the report and any necessary steps to eliminate the conduct, prevent its recurrence and address its effects. Privacy and confidentiality have distinct meanings under this Policy.
Interim Supportive Measures
- “Interim 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.”
- The confidentiality and privacy of all parties involved during the investigative process will be maintained to the fullest extent possible.
- The Coordinator may disclose confidential information to the Reporting Party, the Responding Party, potential witnesses, appropriate supervisors and administrators and other College officials or agents, state and federal agencies and the courts as necessary to:
- Give the Responding Party fair notice of the charges,
- Conduct a prompt, thorough and impartial investigation, and
- Take any appropriate remedial or disciplinary actions.
Reporting of Sexual Assault Allegations to Law Enforcement Officials
- The College encourages victims of sexual assault to seek all needed medical treatment, counseling and legal advice. In every case involving sexual assault, the Reporting Party will be provided written information about:
- The importance of preserving evidence that may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order;
- How and to whom the alleged offense should be reported;
- Options to obtain or enforce a no contact directive or restraining order;
- Options to change academic, living, transportation or working situations to avoid a hostile environment;
- Options about the involvement of law enforcement and campus authorities, including notification of the Reporting Party’s option to:
- Notify proper law enforcement;
- Be assisted by campus authorities in notifying law enforcement if the victim so chooses; and
- Decline to notify such authorities (unless the Responding Party is a minor or a member of a vulnerable population).
- In every case, the College shall assist the Reporting Party in obtaining the intervention services such as counseling, changes to academic schedule or assisting with coordination of services; however, the College shall not report the allegation to the local law enforcement agency against the stated wishes of the victim (unless the Responding Party is a minor or a member of a vulnerable population).
- With the consent of the victim, the appropriate local law enforcement authority shall be notified immediately of the allegations made in every report of a sexual assault.
- Regardless of consent and in compliance with Section 39.205, Florida Statutes, the College will report to the Department of Children and Families all known or suspected cases of child abuse (including child sexual abuse), child abandonment or child neglect that is committed on College property or at any event or function sponsored by the College.
College Review and Response to a Report of Sexual Misconduct
- Role of the Title IX Coordinator (“Coordinator”).
- The Coordinator oversees the College’s centralized review, investigation and resolution procedures for reports of sexual misconduct and coordinates the College’s compliance with Title IX. The Coordinator is supported by a team of College personnel who serve as Deputy Title IX Coordinators. Each Deputy Title IX Coordinator is knowledgeable and trained in state and federal laws that apply to matters of sexual misconduct, as well as this Policy and the complaint resolution procedures.
- The Coordinator and Deputy Title IX Coordinators can provide information related to campus and community resources and describe the options available to address concerns related to sexual misconduct.
- The duties and responsibilities of the Coordinator also includes training, education, climate assessments and the oversight of procedures that are designed to promptly and equitably end sexual misconduct, prevent its recurrence and address its effect on persons and the College community as a whole. The Coordinator, with the assistance of Deputy Title IX Coordinators as appropriate, will:
- Oversee the investigation and resolution of all reports of sexual misconduct;
- Ensure prompt and equitable resolutions that comply with all requirements and timeframes specified in the College’s complaint procedures;
- Conduct climate checks to track and monitor sexual misconduct allegations on campus; and,
- Coordinate training, education and prevention efforts.
- The Coordinator or appropriate Deputy Title IX Coordinator will meet with any person, including a Reporting Party, Responding Party or third party to discuss interim measures, resources and procedural options for on-campus and off-campus reporting. Any student, faculty or staff member who has concerns about sexual misconduct, including sexual assault, discrimination or harassment is encouraged to seek the assistance of the Coordinator or any of the Deputy Title IX Coordinator
Procedures for Responding to a Report of Sexual Misconduct
- Complaints against Responding Parties will be referred to and resolved by the College Administrative Procedure for the Resolution of Sexual Misconduct Complaints (APM 11-0802).
- The process for responding to a complaint of sexual misconduct is guided by the principles of fairness and respect for all parties. Resources are available for both students and employees, whether as Reporting Parties or Responding Parties, to provide guidance throughout the investigation and resolution of a sexual misconduct complaint.
- The Coordinator will oversee the initial response and assessment of reports of sexual misconduct through the College’s sexual misconduct resolution procedures. The Coordinator may determine if a full investigation of the report of sexual misconduct should be conducted. This determination is based on a variety of factors, such as the Reporting Party’s wish to pursue disciplinary action, the risk posed to any individual or the campus community by not proceeding and the nature of the allegation.
- If the Coordinator concludes that a full investigation is necessary, then the College may designate an investigator of its choosing. Any investigator used by the College, whether internal or external, must have specific training and experience investigating allegations of sexual misconduct.
- In the event that a Reporting Party does not wish to proceed with an investigation or disciplinary resolution, the Coordinator will determine, based on the available information, including information learned in the initial assessment or as part of the investigation, whether the investigation or disciplinary resolution proceedings should nonetheless be initiated or if already begun, continue. In making this determination, the College will consider, in light of the facts and circumstances of the reported matter and among other factors, such as:
- The seriousness and impact of the conduct;
- The respective ages and roles of the Reporting Party and Responding Party;
- Whether the Reporting Party is a minor under the age of 18;
- Whether the Responding Party has admitted to the conduct;
- Whether the Responding Party has a pattern of similar conduct, including whether there have been other reports of harassment or misconduct against the Responding Party;
- The extent of prior remedial methods taken with the Responding Party;
- The rights of the Responding Party to receive notice and relevant information before disciplinary action is sought;
- If circumstances suggest there is an increased risk of the Responding Party’s committing additional acts of Prohibited Conduct;
- Whether the Responding Party has a history of arrests or records indicating a history of Prohibited Conduct;
- Whether the Responding Party threatened further Prohibited Conduct against the Reporting Party or others;
- Whether the Prohibited Conduct was committed by multiple individuals;
- If the circumstances suggest there is an increased risk of future Prohibited Conduct under similar circumstances;
- Whether the Prohibited Conduct was perpetrated with a weapon;
- The existence of independent evidence;
- Whether the College possesses other means to obtain relevant evidence (e.g., security cameras or personnel, physical evidence);
- Whether the Reporting Party wants to participate in an investigation or disciplinary hearing; and
- Whether the Reporting Party has requested anonymity.
Other Important Information Related to Reporting of Sexual Misconduct
- Prohibition against retaliation: The College and Title IX strictly prohibit retaliation against and intimidation of any person because he or she reported an incident of sexual misconduct or is involved in the College’s response. The College will take strong disciplinary action in response to any retaliation or intimidation, and will pursue such discipline through the applicable student conduct policy or other disciplinary process and follow the applicable time frames within such policies.
- Amnesty for Students Who Report Sexual Misconduct: The College encourages reporting and seeks to remove any barriers to reporting by making the procedures for reporting transparent and straightforward. The College recognizes that an individual who has been drinking or using drugs at the time of the incident may be hesitant to make a report because of potential consequences for his/her own conduct. An individual who reports sexual misconduct, either as a Reporting Party or a third party witness, will not be subject to disciplinary action by the College for his/her own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. The College may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs.
- Prevention and Bystander Intervention: The College expects all community members to be an active bystander and take reasonable and prudent actions to prevent or stop an act of sexual misconduct. Taking action may include direct intervention, calling law enforcement or seeking assistance from a person in authority. Members of the College community who intervene to prevent or stop sexual misconduct will be supported by the College and protected from retaliation. The College reminds community members to decide how to best intervene based on their own feelings of personal safety.
Reports of Other Forms of Sex or Gender-Based Discrimination
If you believe you have been subjected to a form of sex or gender-based discrimination not covered by the Sexual Misconduct and Title IX Sexual Harassment Policy, or have been subjected to retaliation for reporting such conduct or participating in an investigation related to such conduct, please consult the College’s Non-Discrimination, Equal Opportunity, and Inclusion Policy. The Non-Discrimination, Equal Opportunity, and Inclusion Policy describe the procedures for reporting, investigating, and resolving such concerns. Examples of sex or gender-based discrimination covered by the Policy include allegations of different treatment in athletic or STEM programs because of your sex, gender, or gender identity or expression. If you have any questions about which policies and procedures govern a situation, please contact the Office of Equal Opportunity or Title IX Office at (904) 632-5034.
Complaints alleging violations of Title IX may also be made directly to the U.S. Department of Education, Office for Civil Rights (OCR) at OCR@ed.gov or by calling (800) 421-3481. For more information, please visit the OCR website.