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Frequent Questions Related to Title IX & Sexual Misconduct

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Question 1:  I thought Title IX only applied to athletics?

Title IX of the Education Amendments of 1972 is the federal law that prohibits sex discrimination in education programs that receive federal funding. While Title IX is most commonly known for equity in college athletics, it does not only apply to athletics. For purposes of Title IX, sex discrimination includes any form of unwelcome sexual conduct and non-consensual sexual contact, including sexual harassment, sexual violence, dating violence, domestic violence, sexual assault and stalking (collectively referred to as “Sexual Misconduct”). Once a school knows about Sexual Misconduct, Title IX requires the school to take immediate action to eliminate it, prevent its recurrence and address its effects.

Question 2:  Does Title IX apply to on-campus incidents only?

Scope & Jurisdiction 

  1. The College’s prohibition against Sexual Misconduct applies to conduct occurring in an education program or activity of the College by a student, staff or faculty member, or affiliate doing business with or providing services to the College, regardless of the sex, sexual orientation, gender, or gender identity of any party. In addition, the College’s prohibition against Sexual Misconduct applies not only to physical contact, but also to oral, written, and electronic and other technology-assisted communications, to include communication via telephone, voicemail, e-mail, text message, social media, chat/forum/messaging (or similar concept), video call/messaging/conferencing (or similar concept), learning management system and other learning software, gaming program, and other technology-assisted tools and platforms. The College’s prohibition against Sexual Misconduct applies whether or not the incident(s) occurs on College property and whether or not the incident(s) occurs during educational or working hours. 
  2. Consensual Relationships. This procedure specifically covers Sexual Misconduct as defined in Section A. Consensual romantic relationships not involving Sexual Misconduct as contemplated by this procedure between members of the College community may be subject to other College policies and procedures. In addition, while romantic relationships may begin as consensual, they may evolve into situations that lead to reports of Sexual Misconduct which are subject to this procedure. Romantic relationships between individuals with significant power differentials are particularly problematic. For this reason, the College strongly discourages romantic relationships between staff/faculty and students, and between staff/faculty and supervisors.  

Question 3:  How do I make a report of Sexual Misconduct?

If you would like to report Sexual Misconduct, you can contact:

Stephen W. Salvo, Title IX Compliance Coordinator
3865 North Wickham Road
Building 8-201G
Melbourne, Florida 32935
Phone: 321-433-5775
E-Mail: salvos@easternflorida.edu

Question 4:  I’m afraid of what will happen to me if I make a report. What can I do?

No one may intimidate, threaten, coerce, discriminate, or otherwise retaliate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Procedures Manual Section 800.10.   

The exercise of rights protected under the First Amendment does not constitute retaliation.  

Intimidation, threats, coercion, or discrimination, including charges against an individual for student or housing code of conduct violations that do not involve sex discrimination or Sexual Misconduct, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of Sexual Misconduct, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation. However, charging an individual with a student or housing code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.  

Question 5:  It has been several weeks since the incident. Is it too late to make a report?

Reports should be brought forward as soon as possible after the alleged conduct occurs. While there is no stated time frame for reporting, prompt reporting will better enable the College and local law enforcement authorities to investigate the acts, determine the issues, and provide an appropriate remedy and/or action.

All incidents should be reported even if a significant amount of time has passed. However, delay in reporting may impede the College’s and/or law enforcement’s ability to conduct an investigation and/or effect appropriate remedial and disciplinary actions. The College will respond to reports to the greatest extent possible, taking into account the amount of time that has passed since the alleged conduct occurred.

Question 6:  Do I have to contact the police?

If you are a victim, you are not obligated to contact the police. However, please understand that if you do not contact the police, your ability to bring criminal charges may be compromised. Police provide immediate assistance in obtaining medical attention, preserving evidence and documenting the incident, apprehending the perpetrator, and helping you access important community resources such as shelters, nurse examiners, and victim advocates. The College encourages police involvement whenever alleged conduct is so severe that it could be the subject of a criminal prosecution.

In addition, any reports to College officials involving persons under the age of 18 may require disclosure to the Department of Children and Families, which could result in police involvement.

If you do not want to contact the police, it is important you understand the following:
After an assault, your first instinct will be to clean yourself. It is extremely important that you do not shower, bathe, douche, brush your teeth, wash your hands, or change clothes. If you can avoid it, do not go to the bathroom. Do not eat, drink, or take any medication including Tylenol or aspirin, unless life sustaining.
Seek medical attention. To ensure your health and to help with proper evidence collection, you should be examined immediately after the assault by medical personnel. If you are injured or feel that you may have been drugged, you should go to the Emergency Room.

It is your right to have a forensic sexual assault exam regardless of your decision to report the crime to the police. Brevard County Sexual Assault Victim Services (SAVS) has a Rape Crisis Center staffed with sexual assault nurse examiners and victim advocates ready to assist you. To access SAVS, call 321-784-HELP (4357).

Question 7:  If I decide to report, will be it confidential?

The College must keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of Sexual Misconduct, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination required to be adopted under § 106.8(c).  

Question 8:  Can I make an anonymous report? 

Yes, a complainant (or third party) who desires to report sexual misconduct without disclosing the complainant’s identity to anyone may do so, but the college will be unable to provide supportive measures in response to that report without knowing the complainant’s identity. In addition, where a complainant desires to initiate a grievance process, the complainant cannot remain anonymous or prevent the complainant’s identity from being disclosed to the respondent (via the written notice of allegations).

Question 9:  I asked for a resolution by the College, but I changed my mind. What can I do?

If you requested a resolution by the College, you can change your mind, but please understand that under some circumstances, the College may have an obligation to continue the process. For example, depending on the nature of the allegations, the College may have an obligation to move forward with a Formal Investigation if the accused poses a risk to the campus community. Obviously, if you change your mind, the College’s ability to respond will be limited.

Question 10:  What happens if someone intentionally makes a false report?

Individuals who make reports that are later found to have been intentionally false or made maliciously without regard for truth may be subject to disciplinary action and possible arrest and criminal action. This does not apply to reports made in good faith, even if the facts alleged in the report cannot be substantiated by an investigation.

Question 11:  Someone has filed a report of Sexual Misconduct against me, what do I do?

The College will treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for Sexual Misconduct has been made against the respondent, before the imposition of any disciplinary sanctions against a respondent. Respondents will be presumed not responsible until a determination regarding responsibility is made at the conclusion of the grievance process.

If you receive information that a sexual harassment complaint has been filed against you, you may contact the Title IX Coordinator for more information:

Stephen W. Salvo, Title IX Compliance Coordinator
3865 North Wickham Road
Building 8-201G
Melbourne, Florida 32935
Phone: 321-433-5775
E-Mail: salvos@easternflorida.edu

Question 12:  What happens if there is a criminal prosecution going on at the same time?

The College is obligated to provide a prompt and effective response to reports of Sexual Misconduct. The fact that an act may be subject to criminal investigation and/or prosecution does not alleviate the College’s responsibility to conduct an administrative investigation to determine if any violation of College policy or procedures were violated and to take prompt corrective action as appropriate. It is possible that the College may determine a policy or procedure violation and take corrective action long before the criminal case is fully resolved. 

Question 13:  I am employed by EFSC, and someone tells me they were a victim of Sexual Misconduct. What should I do?

If a report involving Sexual Misconduct is made to you, follow these steps: 

Determine if any person requires immediate medical attention. If so, call 911. Then call Campus Security or report to:

Stephen W. Salvo, Title IX Compliance Coordinator
3865 North Wickham Road
Building 8-201G
Melbourne, Florida 32935
Phone: 321-433-5775
E-Mail: salvos@easternflorida.edu

Question 14:  Can I speak to anyone else about my rights under Title IX?

You are free to present inquiries about your rights under Title IX to outside governmental agencies such as:

Florida Department of Education
Division of Florida Colleges, Equity and Civil Rights Compliance
325 West Gaines Street, Suite 1544
Tallahassee, FL 32399-0400
Phone: 850-245-9468

or

U.S. Department of Education
Office for Civil Rights, Atlanta Office
61 Forsyth St. S.W., Suite 19T10
Atlanta, GA 30303-8927
Telephone: 404-974-9406